Housing: Segregation continues to undermine human rights, says UN expert

GENEVA (17 March 2022) – Addressing spatial segregation and its consequences is an important facet in the current debate on racial justice and equality, and critical to advancing equitable, sustainable development and ensuring community resiliency, the UN Special Rapporteur on housing, Balakrishnan Rajagopal, said today.

Spatial segregation is understood as the imposed or preferred separation of groups of people in a particular territory by lines of race, caste, ethnicity, language, religion, or income status. Historically attention to segregation went hand in hand with the international outcry and condemnation of apartheid in South Africa.

“Segregation becomes a human rights issue when States fail to prevent such enclaves that deny to all groups in society, equal access to housing, land, water, sanitation, education, health care or other services, or to jobs and economic and social advancement,” the UN expert said in a report to the Human Rights Council.

The report underscores that segregation is almost always characterised by economic and social exclusion and inequality in accessing infrastructure, services, and livelihood opportunities, and is an increasingly visible phenomenon in cities.

“Regrettably we continue to witness in too many countries laws and policies that cement or entrench segregation along racial, ethnic, religious, or other lines,” Rajagopal said.

“Walls that fence off the rich from the poor, housing policies that hide the elderly and people with disabilities in institutions away from their own communities, and forced evictions that lead to segregated ghettos, result in worsening living conditions and poverty.” In some cases, these policies intentionally exclude certain groups from the equal enjoyment of rights, the expert said.

The UN expert said that millions across the world live in informal settlements with deprived access to public services, or in polluted areas, subject to environmental risks and in permanent fear of forced eviction. All too often migrant workers, refugees and internally displaced persons end up in camps, hostels or shelters separating them from the general population, the report said.

“Generally, there is nothing wrong if people from a similar background want to live together. Under international human rights law, everyone has the right to choose his or her place of residency. However, often enclaves of voluntary aggregation become ghettos of involuntary and often unequal living and segregation,” Rajagopal said. 

The expert said that often spatial segregation is also the result of State failure to regulate private actors, such as land developers or real estate investors.

“I believe that spatial segregation is a structural problem that can be prevented and reduced in conformity with human rights, if there is political will to do so,” Rajagopal said.

The report makes several recommendations that would address the issue and calls on governments to adopt laws and regulations that require inclusive and participatory urban planning and zoning. It recommends the construction of social housing in every corner of a city, including its most privileged areas, and not merely in the form of segregated and poorly maintained blocks at its periphery. The report further recommends requiring developers to include sufficient housing units that are affordable to lower income groups and accessible to older persons and people with disabilities in all housing projects.

“Through participatory upgrading programmes, cities can turn informal settlements and deprived urban areas into flourishing neighbourhoods where everyone would like to live,” Rajagopal said.

ENDS

Mr. Balakrishnan Rajagopal is the UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context. Rajagopal took up his mandate in May 2020. He is a Professor of Law and Development at the Department of Urban Studies and Planning at the Massachusetts Institute of Technology (MIT). A lawyer by training, Rajagopal is an expert on many areas of human rights, including economic, social and cultural rights, the UN system, and the human rights challenges posed by development activities. His two latest reports cover the issue of housing discriminations and spatial segregation. Follow the Special Rapporteur’s work on Twitter: @adequatehousing
Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.