A/HRC/43/43
provided by employers suffering grossly inadequate conditions or abuse, allowing them to
be relocated to adequate accommodation and to re-employment without prejudice;66
(d)
Refugees and internally displaced persons who have been unlawfully or
arbitrarily deprived of their former homes, lands, properties or places of habitual residence
must be ensured a right to return consistent with the principles on housing and property
restitution for refugees and displaced persons.67
Guideline No. 11. Ensure the capacity and accountability of local and
regional governments for the realization of the right to adequate
housing
59.
Local and regional governments have been assigned crucial responsibilities related
to the right to adequate housing in most States. These may include: producing and
managing social housing and infrastructure, land-use planning, upgrading informal
settlements and regulating investor-driven markets. Local governments can therefore play
an essential role in the realization of the right to housing. They are closest to affected
communities and better able to ensure participatory decision-making and to develop
innovative solutions adapted to local circumstances.
60.
However, local and regional governments are often inattentive to or unaware of their
obligations with respect to the right to adequate housing under international human rights
law. They are often allocated responsibilities without a commensurate allocation of
resources, knowledge, capacity and accountability mechanisms for the realization of the
right to housing.68
61.
In fact, forced evictions, discriminatory denials of services to informal settlements,
homeless “sweeps” and the loss of affordable housing through speculation and
financialization, are frequently perpetrated or facilitated by local governments.
62.
The allocation of responsibilities for implementing the right to housing within a
State is a matter of internal decision-making but must be consistent with the State’s
obligation to realize the right to housing. It must be clear which government can be held
accountable, and how, and there must be coordination among national, regional and local
authorities for the realization of the right to housing. 69
63.
Implementation measures:
(a)
The obligations of local and regional governments to implement the right to
housing within clearly delineated areas of responsibilities must be established in
legislation. 70 Housing policies and programmes at all levels of government should be
coordinated through national-level leadership and oversight as well as by intergovernmental
bodies with an explicit mandate to promote and ensure compliance with the right to
housing.71 Provision should be made for promptly resolving questions of jurisdiction on the
basis of the principle that human rights should never be compromised by jurisdictional
disputes;
(b)
Local and regional governments should implement human rights-based
housing strategies, as described in guideline No. 4 above, consistent with those
implemented at the national level and establish their own monitoring and accountability
66
67
68
69
70
71
See the Domestic Workers Recommendation, 2011 (No. 201), para. 7, of the International Labour
Organization.
E/CN.4/Sub.2/2005/17, annex. See also the Guiding Principles on Internal Displacement, A/64/255,
para. 55, the Principles and Guidelines on the Human Rights Protection of Migrants in Vulnerable
Situations, principle 8, the Global Compact for Safe, Orderly and Regular Migration, objective 13,
and the global compact on refugees, para. 60.
A/HRC/28/62, para. 5, and A/HRC/42/22.
Committee on Economic, Social and Cultural Rights, general comment No. 4, para. 12.
A/HRC/27/59, para. 31.
A/HRC/37/53, para. 51.
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