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29 November 2000
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CESCR
24th session
29 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning exchanged views with the Special Rapporteur on the Right to Adequate Housing, Miloon Kothari, who is mandated by the Commission on Human Rights to focus on adequate housing as a component of the right to an adequate standard of living.
The Committee held the dialogue under its agenda item concerning relations with United Nations organs and other treaty bodies, particularly in connection with article 11.1 of the International Covenant on Economic, Social and Cultural Rights which provides for the recognition by States parties of the right to everyone to an adequate standard of living for himself and his family, including adequate housing.
Mr. Kothari said he was aware that the social policies worldwide were detrimental to the realization of the right to adequate housing. However, an alternative policy and mechanism was being sought by the Subcommission on the Promotion and Protection of Human Rights on globalization. The policy of globalization had enabled market economies in States but had not enabled social development, he said.
Also during the meeting, Committee Chairperson Virginia Bonoan-Dandan announced that the Committee had received from Kansai Electric Power Dispute Committee of Japan a pledge of 200,000 Yen as a contribution to the Committee's plans of action. Two other treaty bodies had also received similar pledges.
Following its dialogue with the Special Rapporteur, the Committee went into private meeting to continue its adoption of concluding observations and recommendations on country reports; and it will do the same during its closed afternoon meeting. The Committee will meet in public at 10 a.m. on Thursday, 30 November, to discuss miscellaneous matters.
Exchange of Views
MILOON KOTHARI, Special Rapporteur on the Right to Adequate Housing, told the members of the Committee that part of his mandate was to report on the status of the realization of the rights that were relevant to the mandate and on developments relating to those rights, including laws, policies and good practices most beneficial to the enjoyment of these rights and difficulties and obstacles encountered. He would also develop a regular dialogue and discuss possible areas of collaboration with Governments, relevant UN bodies and other international organizations working in the field of housing rights.
Mr. Kothari also gave a brief account of the draft outline of his preliminary report to be presented to the Commission on Human Rights, which he said would summarize the current legal status of the right to adequate housing and other international standards relevant to his mandates. The report would make a brief overview of the legal sources of the right to adequate housing from the international instruments, declarations and recommendations, including article 11.1 of the Covenant, among others.
Mr. Kothari continued to say that the report would briefly analyse the current status and past progress achieved in expanding the legal concept of housing rights by reviewing the Committee's general comments no.4 on the right to adequate housing and no.7 on forced evictions. The draft optional protocol to the Covenant would also be dealt with in the report.
Further, Mr. Kothari underlined that discrimination and segregation with respect to acquiring and securing land, property and housing was one of the causes of persistent poverty in many parts of the world.
Following Mr. Kothari's introduction, several Committee members also expressed their own points of view, and at times, they put questions to the Special Rapporteur. An Expert said that international financial institutions such as the International Monetary Fund (IMF) and the World Bank were dealing with general aspects of financing and not on specific and persisting problems of housing. The Expert asked if there was a way of sharing revenue between the developing and industrialized countries in solving housing problems, and in alleviating poverty in general.
Physical access to housing facilities was another problem faced by elderly people and disabled persons, echoed another Expert who added that the manner in which houses were constructed did not take into account the physical disabilities of the occupants.
Globalization was associated with privatization which did not focus on adequate housing, said another Expert, who recalled that in a socialist system, the State was taking care of poor people with regards to housing. Under the policy of globalization, the private sector was not concerned about solving housing problems.
An Expert recalled that the Committee's field mission to Panama and Dominican Republic had been a success in preventing and resolving forced evictions in those countries. Its request of the Philippine Government to repeal a decree on forced eviction was also another example of the efforts of the Committee in promoting and protecting economic, social and cultural rights.
Responding to some of the points raised by Committee members, Mr. Kothari said that there was no rule for collaboration among the UN system and the cooperation between the Committee and the Special Rapporteur would be a precedent in that regard. He envisaged a joint field mission with the Committee.
Mr. Kothari said he was aware that social policies worldwide were detrimental to the realization of the right to adequate housing. However, an alternative policy and mechanism was being sought by the Subcommission on the Promotion and Protection of Human Rights on globalization. In addition, the policy of globalization had led States to a situation of enabling market economies but had not enabled social development.
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24th session
29 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning exchanged views with the Special Rapporteur on the Right to Adequate Housing, Miloon Kothari, who is mandated by the Commission on Human Rights to focus on adequate housing as a component of the right to an adequate standard of living.
The Committee held the dialogue under its agenda item concerning relations with United Nations organs and other treaty bodies, particularly in connection with article 11.1 of the International Covenant on Economic, Social and Cultural Rights which provides for the recognition by States parties of the right to everyone to an adequate standard of living for himself and his family, including adequate housing.
Mr. Kothari said he was aware that the social policies worldwide were detrimental to the realization of the right to adequate housing. However, an alternative policy and mechanism was being sought by the Subcommission on the Promotion and Protection of Human Rights on globalization. The policy of globalization had enabled market economies in States but had not enabled social development, he said.
Also during the meeting, Committee Chairperson Virginia Bonoan-Dandan announced that the Committee had received from Kansai Electric Power Dispute Committee of Japan a pledge of 200,000 Yen as a contribution to the Committee's plans of action. Two other treaty bodies had also received similar pledges.
Following its dialogue with the Special Rapporteur, the Committee went into private meeting to continue its adoption of concluding observations and recommendations on country reports; and it will do the same during its closed afternoon meeting. The Committee will meet in public at 10 a.m. on Thursday, 30 November, to discuss miscellaneous matters.
Exchange of Views
MILOON KOTHARI, Special Rapporteur on the Right to Adequate Housing, told the members of the Committee that part of his mandate was to report on the status of the realization of the rights that were relevant to the mandate and on developments relating to those rights, including laws, policies and good practices most beneficial to the enjoyment of these rights and difficulties and obstacles encountered. He would also develop a regular dialogue and discuss possible areas of collaboration with Governments, relevant UN bodies and other international organizations working in the field of housing rights.
Mr. Kothari also gave a brief account of the draft outline of his preliminary report to be presented to the Commission on Human Rights, which he said would summarize the current legal status of the right to adequate housing and other international standards relevant to his mandates. The report would make a brief overview of the legal sources of the right to adequate housing from the international instruments, declarations and recommendations, including article 11.1 of the Covenant, among others.
Mr. Kothari continued to say that the report would briefly analyse the current status and past progress achieved in expanding the legal concept of housing rights by reviewing the Committee's general comments no.4 on the right to adequate housing and no.7 on forced evictions. The draft optional protocol to the Covenant would also be dealt with in the report.
Further, Mr. Kothari underlined that discrimination and segregation with respect to acquiring and securing land, property and housing was one of the causes of persistent poverty in many parts of the world.
Following Mr. Kothari's introduction, several Committee members also expressed their own points of view, and at times, they put questions to the Special Rapporteur. An Expert said that international financial institutions such as the International Monetary Fund (IMF) and the World Bank were dealing with general aspects of financing and not on specific and persisting problems of housing. The Expert asked if there was a way of sharing revenue between the developing and industrialized countries in solving housing problems, and in alleviating poverty in general.
Physical access to housing facilities was another problem faced by elderly people and disabled persons, echoed another Expert who added that the manner in which houses were constructed did not take into account the physical disabilities of the occupants.
Globalization was associated with privatization which did not focus on adequate housing, said another Expert, who recalled that in a socialist system, the State was taking care of poor people with regards to housing. Under the policy of globalization, the private sector was not concerned about solving housing problems.
An Expert recalled that the Committee's field mission to Panama and Dominican Republic had been a success in preventing and resolving forced evictions in those countries. Its request of the Philippine Government to repeal a decree on forced eviction was also another example of the efforts of the Committee in promoting and protecting economic, social and cultural rights.
Responding to some of the points raised by Committee members, Mr. Kothari said that there was no rule for collaboration among the UN system and the cooperation between the Committee and the Special Rapporteur would be a precedent in that regard. He envisaged a joint field mission with the Committee.
Mr. Kothari said he was aware that social policies worldwide were detrimental to the realization of the right to adequate housing. However, an alternative policy and mechanism was being sought by the Subcommission on the Promotion and Protection of Human Rights on globalization. In addition, the policy of globalization had led States to a situation of enabling market economies but had not enabled social development.
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