Appendices

Annex I: Content of the Right to Development
Annex II: A Synthesis of State Obligations Related to Housing Rights
Annex III: CBO's and NGO's Working for Housing Rights

1. The right to development:

• is an "inalienable" "human right" of "every human person" and "all peoples" (Article I, DHRD);
• "to exercise" "full and complete sovereignty over all their natural wealth and resources" (Preamble, DHRD);
• in pursuit of "their economic, social and cultural development" (Preamble, DHRD).

• "a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals" (Preamble, DHRD);
• "in which all human rights and fundamental freedoms can be fully realized" (Article 1(1), DHRD).

    Rights of Participation. Every person and all peoples are entitled to "active, free and meaningful participation in development" (Preamble, DHRD) and as an "active participant" (Article 2, DHRD) "contribute to, and enjoy economic, social, cultural and political development" (Article 1(1), DHRD).
 

    The Right to be "the central subject of development (Article 20, DHRD) which "aims
      at the constant improvement" of human well-being (Preamble, DHRD). This
      constitutes the right to people-centered, human development where people and their
      well-being come first, ahead of all other developmental objectives and priorities.

    The Right to "fair distribution" of the benefits from development (Preamble, DHRD).

    The Right to nondiscrimination in development"without distinction of any kind such as
      race, colour, sex, language, religion, political or other opinion, national or social origin,
      property, birth or other status" (Preamble, DHRD).

    The Right to Self-Determination. "The human right to development also implies the full
      realization of the right of peoples to self-determination, which includes...their
      inalienable right to full sovereignty over all their natural wealth and resources" (Article
      1(2), DHRD).

    The Right to "the free and complete fulfillment of the human being" with "full respect"
      for "human rights and fundamental freedoms" (Article 1(2), DHRD).

    The Right against trade-offs. Every human person and all peoples have the right to
      "the implementation, promotion and protection" of "all human rights and fundamental
      freedoms", "civil, political, economic, social and cultural". (Article 6(2) and Preamble,
      DHRD). "The promotion of, respect for and enjoyment of certain human rights and
      fundamental freedoms cannot justify the denial of other human rights and fundamental
      freedoms". "All human rights and fundamental freedoms are indivisible and
      interdependent" (Preamble, DHRD).
 

The Declaration on the Right to Development specifies several obligations of States:

    1.    The Duty "to ensure full exercise and progressive enhancement of the right to development"
          (Article 10, DHRD) which includes:

            *    "the right and duty to formulate appropriate national development policies" (Article 2(3),
                  DHRD);

            *    the duty to "undertake, at the national level, all necessary measures for the realization of
                  the right to development" (Article 8(1), DHRD);

            *    the duty "for the creation of national conditions favourable to the realization of the right
                  to development" (Article 3(1), DHRD). The World Summit on Social Development refers
                  to this as the commitment to create "enabling environments".

    2.    The Duty to ensure "active free and meaningful participation" (Article 2(3), DHRD) and to
          "encourage popular participation in all spheres as an important factor in development" (Article
          8(2), DHRD).

    3.    The Duty "to eliminate the massive and flagrant violations of the human rights of people and
          human beings" (Article 5, DHRD) and to eradicate "all social injustices" (Article 8(1), DHRD).

    4.    The Duty "to eliminate obstacles to development resulting from failure to observe civil and
          political rights as well as economic, social and cultural rights" (Article 6(3), DHRD) and the
          related duty that "the promotion of, respect for, and enjoyment of, certain human rights and
          fundamental freedoms cannot justify the denial of other human rights and fundamental
          freedoms" (Preamble, DHRD).

    5.    The Duty of "promoting, encouraging and strengthening universal respect" for all human rights
          and fundamental freedoms (Article 6(1), DHRD).

    6.    The Duty not to discriminate on basis of "race, sex, language or religion" (Article 8(1),
          DHRD).

    7.    The Duty to "ensure that the resources released by effective disarmament measures are used
          for comprehensive development" (Article 7, DHRD).
 

Obligations of States (Collective)

Several of the above obligations of individual States apply as well to States, collectively. The Declaration on the Right to Development also specifies several collective duties of States:

    1.    The Duty to cooperate:

            *    "in ensuring development and eliminating obstacles to development" (Article 3(3),
                  DHRD);

            *    "to eliminate the massive and flagrant violations" of human rights (Article 5, DHRD);

            *    to promote "universal respect for and observance of, all human rights and fundamental
                  freedoms for all" (Article 6(1), DHRD).

    2.   The Duty of "full respect for the principles of international law concerning friendly relations
          and cooperation among States in accordance with the Charter of the United Nations" (Article
          3(2), DHRD).

    3.    The Duty "to take steps, individually and collectively to formulate international development
          policies with a view to facilitating the full realization of the right to development" (Article 4(1)
          and Article 10, DHRD).

    4.    The Duty to "promote the establishment" "of international peace and security and, to that end"
          "to achieve general and complete disarmament" and to use the resources so released "for
          comprehensive development" (Article 7, DHRD).  It is important to note that the United
          Nations system represents the main mechanism through which States can fulfill their above
          collective obligations. It is also important to note that Article 10 of the Declaration calling for
          steps to be taken at national and international levels "to ensure the full exercise and progressive
          enhancement of the right to development" and Article 4(1) calling for the formulation of
          international development policies to facilitate "the full realization of the right to development",
          while addressed primarily to States, also implicate the UN and its specialized agencies.

A synthesis of the jurisprudence of the Committee on Economic, Social and Cultural Rights, the European Commission and Court on Human Rights, the European Committee of Independent Experts and the contents of UN resolutions and legal texts addressing housing rights issues, set within the framework of the commonly accepted methodology of the four 'layers of obligations' (e.g. to respect, to protect, to promote and to fulfil) of States in terms of the right to adequate housing reveals much of the substance and core content of this right as recognized under international law. These can be divided into 34 discernable State obligations:
 

The Obligation to Respect Housing Rights 43

    The right to popular participation throughout the housing sphere, including the right of
      citizens to influence and decide upon any housing laws or policies;

    The rights to organize, assemble and association, particularly with respect to tenants
      organizations, community-based organizations and housing cooperatives;
    Legal protection from forced or threatened eviction or house demolitions;

    The right to equality of treatment, particularly in terms of the allocation of housing
      resources, access to housing finance and resident permits;

    The right to privacy, including the protection from arbitrary searches of residences;

    The right to be free from racial discrimination, particularly in the housing allocation
      process;

    Tolerance and promotion of housing-related freedoms, including the right to self-help
      housing initiatives;

    Ensuring respect for cultural attributes of traditional housing construction methods, the
      protection of housing of historical significance;

    Refraining from coercive measures forcing another State to violate housing rights.
 

    Immediate steps must be taken by States to ensure that violations of housing rights
      standards by the State and its agents are, to the maximum extent, prevented from
      occurring;

    Additional immediate steps must be taken to ensure that violations of housing rights by
      third parties, including protection from abuse by landlords, are prevented;

    The availability of impartial legal remedies in cases of alleged violations of housing
      rights

    The comprehensive provision of security of tenure throughout all housing sectors,
      applicable to all citizens;

    Active measures designed to protect all persons against racial or other forms of
      discrimination, harassment and the withdrawal of services;

    The affordability of housing for all income groups in society should be ensured. In this
      regard, housing costs should never be allowed to rise to levels preventing dwellers
      from accessing and satisfying other basic needs;

    The regulation of rent levels and provision of housing subsidies should be undertaken
      in an appropriate manner, with a view to ensuring compliance with the affordability
      principle;

    The overall habitability and physical safety of dwellers should be actively protected
      and adequately stimulated, with particular regard to protecting dwellers from cold,
      damp, heat, rain, wind or other threats to health, structural hazards and disease vectors;

    Housing should be built at locations in near proximity to employment options,
      schools, health care centers and open spaces. Conversely, housing should not be built
      in dangerous areas where threats to environmental health and hygiene exist;

    States must respond constructively to housing rights violations, wherever they occur,
      both domestically and in other countries.

    Comprehensive legislative and policy review of all laws, regulations or other directives
      having any negatively bearing on the fulfillment of housing rights should be undertaken
      without delay upon acquiring housing rights obligations;

    Both the legislative and policy recognition of the right to adequate housing should be
      established;

    Targeted policies towards ensuring the full realization of housing rights in the
      shortest possible time frame for all sectors of society should be carried out;

    Establishing benchmarks designed to monitor societal housing needs, including the use
      of appropriate indicators towards this end should be developed and applied;

    The development and implementation of a national housing strategy is a fundamental
      element of the promotion function;

    Priority attention and targeted strategies towards satisfying the housing needs of
      disadvantaged groups, including the elderly, children, the physically disabled, the
      terminally ill, HIV-positive individuals, persons with persistent medical problems, the
      mentally ill, victims of natural disasters and people living in disaster-prone areas are
      required;

    Ensuring the full accessibility to housing resources by all ethnic, racial, national,
      minority or other social groups.

    The devotion of a reasonable proportion of public expenditure on housing, consistent
      with social housing requirements and international, national and local legal duties;

    Housing subsidies for tenants and first-time home buyers, as well as the establishment
      of effective housing finance measures for low-income groups form a crucial aspect of
      this obligation;

    The construction and maintenance of public housing resources by public agencies, as
      well as the financing by the State of such activities;

    The provision by the State of public services, including infrastructure, water,
      electricity, sanitation, heating, sewage, draining, roads, health care facilities and
      emergency services;

    Active measures should be undertaken by the State in support of those persons,
      families and groups unable to satisfy their housing needs by individual efforts;

    The promotion of natural and/or indigenous building materials for use in the housing
      process;

    A proportion of overseas developmental assistance by the industrialized countries to
      other States should be provided towards assisting developing countries in satisfying
      housing rights obligations;

    The provision of adequate housing accommodation for all refugees and asylum
      seekers within a State's borders forms a fundamental requirement of the obligation to
      fulfil.

Arab Coordinating Committee on Housing Rights (ACCHRI), PO Box 215, Nazareth 16101, Israel, tel: 972.6.561923, fax: 972.6.564934

Asian Coalition for Housing Rights (ACHR), PO Box 24-74 Klongchan, Bangkapi, Bangkok 10240, Thailand, tel: 66.2.5380919/ fax: 66.2.5399950

Committee for the Right to Housing, Co-ordination Centre, C/o Bandra East Community Centre, 341-A, Siddharth Colony, Bandra (E), Bombay, 400051, India

Centre on Equality Rights in Accommodation (CERA), 517 College St., Suite 408, Toronto M6G 1A8, Canada

Centre on Housing Rights and Evictions (COHRE), 8 Gustav Moynier, 1202 Geneva, Switzerland, tel: 41.22.7317327/7388167, fax: 41.22.7388167.

ENDA, Rue Carnot 54, Dakar 3370, Senegal, tel: 221.220942/ fax: 221.222695

FEANTSA: 1 rue Defacqz/17, B-1050 Brussels 1, Belgium

Fedevivienda, Avda. (Calle) 40, No. 15-69, AA 57059, Bogota, Colombia, tel: 57.1.2880711

Habitat International Coalition (HIC), Cordobanes No. 24, Col. San Jose Insurgentes, Mexico D.F. 03900, Mexico, tel: 52.5.6516807/ fax. 52.5.5935194

Habitat et Participation: 1, Place du Levant, 1348 Louvain-la-Neuve, Belgium, tel: 32.10.472314/ fax: 32.10.473043

Mazingira Institute, PO Box 14564, Nairobi, Kenya, tel: 254.2.47066/ fax: 254.2.740524

National Coalition for the Homeless (NCH): 1621 Connecticut Ave, NW, 4th Floor, Washington DC 20009, USA;

National Campaign for Housing Rights (NCHR), Flat No. 117, Bldg. No. 8, 1st Floor, Dr. Baliga Nagar, Jasmine Mill Road, Mahim (East) Bombay 400 017, India; Tel. No. 91-22-4070623, Fax No. 91-22-2044223 c/o NCHR;

Rooftops International, 2 Berkeley St., Suite 207, Toronto M5A 2W3, Canada, tel: 1.416.3661711/ fax: 1.416.3663876

YUVA: No.8 Ground Floor, 33L, Mughbat Cross Lane, Bombay, India 400004, Tel. No. 91-22-3889811.