A/HRC/7/16
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C. Indigenous peoples and adequate housing
45. As a result of historical and contemporary dispossession and discrimination, indigenous
peoples worldwide experience socio-economic disadvantages that gravely impact their human
right to adequate housing and the opportunity to use their resources for their development. In this
context, the interlinkage between adequate housing and indigenous peoples’ access to and
control over land and other natural resources is clear.29
46. During various country missions, the Special Rapporteur witnessed discrimination against
indigenous peoples and made a number of recommendations.30 The elimination of obstacles
faced by indigenous peoples, including discrimination and inequalities, poverty, and
unemployment is essential for the implementation of their right to adequate housing.
47. The Special Rapporteur believes that the recognition of the right to self-determination and
of the right to land, as well as genuine participation in decision-making processes, is essential for
the realization of the human rights of indigenous peoples, including their right to adequate
housing.
48. The Special Rapporteur welcomes the adoption of the United Nations Declaration on the
Rights of Indigenous Peoples31 and hopes that due consideration and implementation of it by
States will contribute positively to the right to adequate housing of indigenous peoples and
communities.
D. Groups requiring special attention
49. Throughout his work, the Special Rapporteur has identified a number of groups that need
particular attention and protection in regard to the right to adequate housing. These groups
include inter alia: persons with disabilities and/or health problems (including persons with
complex needs such as those affected by HIV/AIDS or psychosocial disabilities and those
critically ill); refugees and asylum-seekers; prisoners and persons released from detention;
victims of domestic abuse and violence; and orphans.
50. As pointed out by CESCR, disadvantaged groups, including persons with disabilities, must
be accorded full and sustainable access to adequate housing resources, and housing law and
policy should take fully into account the special housing requirements of such groups.32
29
See, Indigenous Peoples’ Right to Adequate Housing: A Global Overview, United Nations
Housing Rights Programme, report No. 7, (Nairobi, OHCHR-UN Habitat, 2005).
30
See mission reports to Brazil (E/CN.4/2005/48/Add.3), Australia (A/HRC/4/18/Add.2),
Mexico (E/CN.4/2003/5/Add.3), Peru (E/CN.4/2004/48/Add.1) or Cambodia
(E/CN.4/2006/41/Add.3).
31
32
General Assembly resolution 61/295.
General comment No. 4 (1991) on the right to adequate housing (article 11 (1) of the
Covenant), para. 8 (e).
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