A/HRC/37/53
negotiate for land, develop city-wide plans, provide infrastructure and manage all aspects of
upgrading projects.33
71.
Indigenous peoples’ right to culturally appropriate housing has frequently been
violated because they have been denied participation and control over the design and
production of their own housing. In Chile, for example, even something as simple as
ensuring that doors face the sunrise, essential for any Mapuche home, has been neglected in
housing built for those communities. New social housing architecture in Chile has
incorporated design inspired by the Mapuche “ruka” dwellings, made from tree trunks and
branches.34
72.
Participation in housing strategies may also lead to more effective engagement in
democratic politics. In the run-up to the 2017 gubernatorial elections in Jakarta, civil
society negotiated a “political contract” with one of the candidates that included a demand
for a human rights-based housing strategy inclusive of urban plans to regularize
“kampungs” (informal settlements) and an affordable housing programme. Many voters
turned out from the kampungs to support the candidate and the contract is being
implemented.
E.
Principle 5: accountable budgeting and tax justice
73.
Strategies will not be successful if governments fail to allocate reasonable budgets
and resources for their implementation. Housing strategies must include both short- and
long-term commitments of adequate resources.
74.
Budgeting for housing strategies should comply with the standard of “maximum of
available resources” and “all appropriate means”, as in article 2 (1) of the Covenant.
Accountability to this standard includes an obligation to make reasonable expenditures to
address housing need and an obligation to secure available resources through reasonable
taxation and other measures.
75.
Gender-responsive budgeting processes should be put in place whereby national and
local budgets are analysed in terms of their differing impacts on the housing experiences of
women and fiscal decisions are taken that promote women’s housing equality.
76.
Participatory budgeting processes can play an important role in ensuring a focus on
human rights standards, ensuring that adequate resources are allocated to meet stated goals
and timelines and due consideration is given to the needs of marginalized groups.
77.
Strategies must ensure that sufficient funds, taxation provisions or other means of
securing resources are made available to local and subnational governments where they are
allocated housing responsibilities.
78.
Strategies must commit to addressing tax avoidance and loopholes in the housing
and real estate sectors. Tax avoidance in housing systems constitutes a massive loss of
revenue that should be made available for realizing the right to housing.
79.
Housing strategies should commit to carrying out the necessary taxation reforms to
ensure that taxation promotes rather than undermines the fulfilment of the right to housing.
For example, speculators and investors in luxury housing should be subjected to higher
taxes and profits made by private owners resulting from rezoning or from public investment
in infrastructure should be recovered and directed towards public purposes. Other tax
33
34
12
See N. Castanas et al., “Leave no one behind” (working paper, December 2016). Available from
http://www.achr.net/upload/downloads/file_12012017132717.pdf.
See article by M. Ayenao Lagos, available in Spanish only from http://revistaplaneo.uc.cl/wpcontent/uploads/Artículo_Margarita_Ayenao.pdf. See also article dated 10 December 2013 on ruka
dwellings, available from https://www.archdaily.com/456299/ruca-dwellings-undurraga-devesarquitectos.
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