Impact of the work of Special Procedures: Policy reform

Special Procedures intervention in controversial forced evictions by the Nooksack Tribal Council leads Washington State to audit implementation of housing policy in the United States

‘It’s just amazing they could look at such a small group and put their mind to help us’

Through communications sent on 7 February 2022 and on 31 March 2023 to the United States, as well as on 31 March 2023 to the Nooksack Tribe, the United Nations Special Rapporteurs on right to housing and the rights of Indigenous Peoples, and the Independent Expert on rights of older persons intervened to defend the rights of the members of seven families, who self-identify as Indigenous Nooksack, but had been disenrolled from Nooksack tribal membership.

The communications centred around allegations of an imminent risk of forced eviction without due process, access to effective legal remedies or provision for compensation, which would have an adverse effect on the long-time tenants, particularly older persons and persons with disabilities or with chronic illness. In the words of Gabe Galanda, an attorney for the families facing eviction, “My folks had to go all the way to Geneva to obtain justice, because the doors of justice were closed in Deming, Olympia and Washington, D.C.”

The families claimed to have accrued rights towards home ownership under the federal Low-Income Housing Tax Credit (LIHTC) programme, hence the UN experts asked questions regarding the administration of this programme for all projects benefiting Indigenous Peoples across Washington State, including the Nooksack Indian Tribe. The responses of the United States Government and the Nooksack Tribe did not challenge the factual basis of the allegations.

The Special Procedures’ intervention helped garner media and public attention to the administration of the LIHTC. This led two legislators of the Washington State House of Representatives to request performance and compliance audits of the Washington State, Housing Finance Commission’s (WSHFC) “Rent to Own” programmes. The beneficiaries of these programmes are primarily black, indigenous, and other people of colour households, especially Native American households.

The Washington State Legislature also passed a budget appropriation of $500,000 for a performance audit of the WSHFC’s oversight of housing developers that offer a rent-to-own option for projects funded through LIHTC, including whether it has followed applicable state and federal laws.

In addition, the WSHFC referred the Nooksack state limited partnerships to the Internal Revenue Service for regulatory enforcement with regard to 85 LIHTC eventual tenant ownership units - the entire set of housing units supported by the Nooksack LIHTC projects.

The mandate-holders’ interventions have been described in the media by those advocating for the seven families facing eviction as a source of hope. “They’re asking for something tangible, [and] this is big for us.”

Special Rapporteur’s visit to the Netherlands brings hope to a social housing neighbourhood previously at risk of demolition

When many municipalities and housing associations are demolishing social housing as part of urban renewal projects, the visit of the Special Rapporteur on the right to adequate housing to the Netherlands brought hope to a social housing neighbourhood in the Hague, Netherlands – by raising awareness of their plight.

Weigeliaplein neighbourhood was built over 100 years ago to provide vital housing and community support for working people on a low income. Many residents have lived there for over a decade, some for more than 30 years, where they formed a vibrant and cohesive community.  

In December 2020, in the midst of the Covid-19 pandemic, Haag Wonen, one of the largest housing corporations in the Hague, informed Weigeliaplein residents of its decision to demolish the neighbourhood by a video message and gave the residents no opportunity to voice their views.  Residents would not have the right to return to the newly rebuilt neighbourhood, but instead, were to be given priority in the allocation of other social housing in other locations. Without approval from The Hague city council, Haag Wonen started relocating residents, leaving homes empty or renting them out via temporary contracts with reduced renters’ rights. Those residents, including older persons, who agreed to move ended up in locations much further from the city centre where they had no community links.

The homes in Weigeliaplein have been subject to neglect, and many were in poor condition due to the lack of maintenance and poor insulation. However, the foundations and bearing walls are structurally sound, and with the correct intervention can last for at least another 40 years. 

The Special Rapporteur saw the plight of the neighbourhood and its residents first-hand during his visit to the Netherlands in December 2023, which put a spotlight on the trend of social housing falling into neglect and being targeted for demolitions for the purpose of urban renewal across the Netherlands. His visit and report to the Human Rights Council helped raise awareness of the potential harm to the neighbourhood and its residents. He encouraged municipalities and social associations to step up early communication and consultations and ensure full accountability and transparency vis-à-vis inhabitants. He also encouraged local and central government institutions to engage transparently in good faith dialogue with social movements concerned with housing, listen to their concerns and design new effective policies jointly that fully take into account their concerns and aspirations.

In July 2024, following years of difficult discussions, the city council of The Hague decided against the demolition of Weigeliaplein, and asked for a renovation plan to be developed in consultation with the residents.

Slovenia recognizes minority language

The Special Rapporteur on Minority Issues, Fernand de Varennes, in his 2018 report of his country visit to the Republic of Slovenia, had recommended that the Slovene sign language be recognised officially. The SR attended a special event in Ljubljana on 28 May 2021 organized to mark and celebrate the amendment of the Constitution of the Republic of Slovenia to officially recognise the Slovene sign language. The event was attended by high political representatives, including the representatives of the Slovene Parliament and Government, line ministries and the Ombudsman as well as a delegation of the Deaf and Hard of Hearing Clubs Association of Slovenia. The Slovene sign language used by the deaf and hard of hearing population would benefit tremendously from such recognition by gaining greater access to services in the language.

Other impact: Contribution to governmental and/ or judicial processes

New Zealand welcomed the country visit report of the Special Rapporteur on housing and its recommendations

New Zealand welcomed the report of country visit by Leilani Farah, the special rapporteur on housing and its recommendations and stressed that they are considering carefully the report’s specific recommendations in the context of the actions that we already have underway, many of which are already aligned with the report.” The New Zealand Government is currently consulting with New Zealanders on a Government Policy Statement on Housing and Urban Development.  This will be centred on a vision that “Everyone in Aotearoa lives in a healthy, secure and affordable home that meets their needs, within a thriving, inclusive and sustainable community”. Alongside this, they are developing a new Māori Housing Strategy that will review and reset the long-term systemic changes needed to address the causes of poor and inadequate housing for Māori.

Other impact: Contribution to governmental and/ or judicial processes

Fiji welcomes the country visit report by the Special Rapporteur on health

Fiji welcomed the country visit report by Dainius Puras the SR on health and confirmed that there are specific areas that the report has highlighted, that Fiji is progressively addressing, through national processes, and in partnership with development partners including the WHO amongst others. Fiji has embarked on various initiatives to improve the quality of health care services provided to all Fijians and remains committed to ensuring the progressive realisation of the right to health for all people in Fiji.  Fiji is continuing the reform of the health financing systems as part of our commitment to Universal Health Coverage for all Fijians.

Other impact: Contribution to governmental and/ or judicial processes

The Vatican reforms its policies

In February 2019 the Special Rapporteur on sale of children engaged with the Holy See concerning the allegations of ongoing clerical sexual abuse of children. Due to the ongoing global pressure for greater accountability, on 17 December 2019, the Vatican announced that it would abolish the high level of secrecy it has applied to sexual-abuse accusations against clerics, ending a policy that critics said had often shielded priests from criminal punishment by the secular authorities. The Pope also made the canon law against child pornography more stringent.

Other Impact: contribution to government and or judicial process; prevention and/or cessation of human rights violation

Armenia changes policy on creating segregated communities for poor and children with disabilities

On 11 November 2019, Special Rapporteur on Disabilities together with Special Rapporteur on Education sent a communication (OL ARM 4/2019) to Armenia raising concerns at a policy decision by the Government to support (by providing land and financially) the construction of so-called “Caritas City” or “Children’s City”. The experts raised concerns that this program would, if implemented, violate provisions of the Convention on the rights of persons with disabilities as well as the Convention on the rights of the child, since it would lead to segregated communities for children and their families based on their financial status and on the grounds of disabilities. In its response of 10 February 2020, the Government informed the mandate holders that on 26 December 2019, the Government had reversed its decision and stopped the implementation of the project.

Other Impact: contribution to government and or judicial process; prevention and/or cessation of human rights violation

Canada adopts national housing strategy based on human rights standards

As a result of the Special Rapporteur on the right to adequate housing's advocacy and communications and collaborative work with civil society in the country, Canada has adopted a new National Housing Strategy based on human rights standards. In March 2019, the Special Rapporteur presented a thematic report to the 40th session of Human Rights Council with a checklist for Governments to ensure that national housing strategies comply fully with human rights obligations (A/HRC/40/61), which informed as well discussions on the development of a National Housing Strategy in Canada. The Special Rapporteur also sent a communication on 22 June 2018 to the Canadian Government expressing concern that the proposed legislation for implementing the National Housing Strategy may not recognize the right to housing and could fail to set clear goals and timelines for the elimination of homelessness and establishing an effective monitoring and accountability mechanism (CAN 2/2018).

After the housing strategy was adopted by Parliament in June 2019, the Special Rapporteur issued a press release underlining that the new housing legislation, "has set a global example with a new housing policy that embraces human rights as the most effective framework to address homelessness and inadequate housing." The Special Rapporteur pointed out that the new legislation is ground-breaking as it not only includes an explicit reference to the right to housing in domestic law, but it also establishes a creative mechanism to monitor the Government and to ensure access to remedies for systemic barriers to the enjoyment of adequate housing. The new legislation establishes, among others, a Federal Housing Advocate who will monitor government performance and can receive submissions on systemic barriers to adequate housing. The important role of the Special Rapporteur has been acknowledged by the Government, which noted that "[t]his important piece of legislation would not have been possible without [the Special Rapporteur's] contribution and those of members of civil society." In addition, as a positive spill-over effect of Canada's National Housing Strategy, Toronto recently announced that their new 10-year housing plan will adopt a human rights-based approach, while the city of Ottawa has also indicated its new homelessness plan will also adopt such an approach.

Other Impact: Contribution to Governmental and/or Judicial Processes and Legislative Reform

Ireland adopts a new agreement to improve the working conditions of migrant workers in its fishing industry

After a joint communication was issued by the Special Rapporteurs on trafficking in persons, the rights of migrants, slavery, and racism on 12 February 2019 concerning the working conditions of migrants workers in the Irish fishing industry (IRL 1/2019), a new agreement between the Irish government and the International Transport Workers' Federation (ITF) was enacted to bring new immigration rights to non-European Economic Area (EEA) workers in April 2019. The agreement, aiming at addressing cases of severe of exploitation and trafficking in persons in fishing vessels, eliminates employer tied visas along with the implementation of other measures to improve working conditions.

Other Impact: Prevention and/or Cessation of Human Rights Violations and Raising Human Rights Awareness