COHRE Activity Report 2003 2005

CENTRE ON HOUSING RIGHTS AND EVICTIONS

International Secretariat 83 rue de Montbrillant 1202 Geneva Switzerland

Duluth 8 N. 2nd Avenue East, Suite 208 Duluth, MN 55802 USA

Porto Alegre Rua Demetrio Ribeiro 990/conj.202 90010-313 Porto Alegre - RS Brazil

Colombo 106 1/1 Horton Place Colombo 7 Sri Lanka

Melbourne PO Box 1160 Collingwood, Victoria 3066 Australia

Accra PMB CT 402 Cantonments Accra Ghana

COHRE is registered as a Non-Profit Foundation (Stichting No 41186752) in the Netherlands, and is also registered in Australia, Brazil, Ghana, Sri Lanka and USA. COHRE is an NGO in Special Consultative Status with the Economic and Social Council of the United Nations (ECOSOC). COHRE has Participatory Status with the Council of Europe, Consultative Status with the Organisation of American States and Observer Status with the African Commission on Human and Peoples’ Rights.

2003-2005 www.cohre.org

ACTIVITY REPORT WWW.COHRE.ORG

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Contents

Chairperson’s Message

2

Executive Director’s Message

3

The Human Right to Housing – Two steps forward, three steps back

4

Examples of COHRE’s work around the World

6

Forced Evictions

8

Zimbabwe and Operation Murambatsvina

Housing and Property Restitution

9

10

The Pinheiro Principles

11

Women and Housing Rights

12

Inheritance Rights are Human Rights

13

Litigating Housing Rights

14

The Chixoy Dam case

15

The Right to Water

17

Indicators for monitoring the Right to Water

19

United Nations and other advocacy

21

Forced Evictions condemned by the Human Rights Committee

23

Focus on Africa

24

Focus on the Americas

26

The Right to the City

27

Focus on Asia-Pacific

28

Focus on Europe

30

The ERRC v Greece – Legal victories on Roma Housing Rights

31

Media and Communications

32

COHRE Publications 2003-2005

33

COHRE Boards

34

Financial statements

35

Donors and supporters

36

Help COHRE achieve real change

36

Acknowledgements

37

Chairperson’s Message

I am delighted to be able to write my first message in my capacity as COHRE’s Chairperson, a position I am

Housing rights issues have never been higher on the global agenda than today. International law has

honoured to hold. Since its establishment over a decade ago, COHRE’s standing and reach have grown

never taken these rights as seriously as today, and violators are finding it harder and harder to act with

steadily. This expansion – achieved through its highly competent and dedicated worldwide staff – has enabled

impunity – or at least without attention. And yet, COHRE’s work remains as vital as ever, as the global

COHRE to make increasingly important contributions to the effective realisation of housing rights in more and

housing crisis persists and contributes to the perpetuation of under-development, and insecurity and

more parts of the world. COHRE is achieving measurable results while reminding policy- and law-makers,

poverty. COHRE is well-placed to confront the challenges. With its established expertise, accumulated

together with administrators at varying levels, that the human rights dimensions of where people live must be

experience, widening networks and growing resources, COHRE aims to do more. To enhance its

taken into account and are integral to good governance and sustainable development.

impact, COHRE has recently reviewed and improved its methodologies and systems, and embarked on a vigorous fundraising drive for the period 2006-2010.

When I joined COHRE’s Board of Directors at its first incorporation in 1994, COHRE was a small organisation with a staff of two and an annual budget well under USD 100,000. Today with a staff of nearly 60, operating

In my capacity as Chairperson of the COHRE Board of Directors, I would like to encourage all State and

from 12 locations and a budget of over USD 2,500,000 COHRE is better equipped than ever to tackle housing

inter-governmental institutions, private foundations and philanthropists to assist COHRE in reaching its

rights abuses and address challenges in most parts of the world and in fairly short order.

financial goals which, in turn, will ensure that COHRE’s efforts on behalf of the world’s one billion slum dwellers can be more effective and generate the reforms of policy, law and practice which can bring

For those not working directly in the human rights field, it is often difficult to imagine how a small group of

meaningful changes in their lives.

determined people can actually change things for the better – especially when working against seemingly overwhelming powers of globalisation and daunting levels of poverty. To be sure, the global housing crisis is

Finally, I would like to take this opportunity to thank those Board members who have stepped down

immense; and tackling it requires the combined efforts of many. But COHRE demonstrates that a relatively

during the past three years (Cees Flinterman, Aart Hendriks, Virginia Dandan and Virginia Leary), and

small, focused and dedicated group of people can make a real difference, far beyond what might be expected

to warmly welcome those who have joined during that time: Paulo Sergio Pinheiro and Antoine Buyse.

given it’s size and material resources. Ingenuity, collaboration, and plain hard work and persistence, have

I look forward to working with the other Board Members and the COHRE senior management to bring

become hallmarks of COHRE’s successful approach.

COHRE forward to new heights of effectiveness and reach.

Through 2003-2005, COHRE has continued to work in its inimitable ways, combining with poise both orthodox and innovative strategies; helping to build a housing rights movement by improving international standards and the mechanisms designed to implement them; filing cases at national and regional courts or bodies; training government officials in how best to protect housing rights; receiving significant and wide-spread media attention in its efforts to stop forced evictions; drawing attention to the forgotten victims of housing rights violations wherever they may be; and, not least, suggesting practical solutions and appropriate processes through which housing rights violations can be stopped or avoided in the first place.

Put simply, COHRE works.

2

WELCOME MESSAGES

John Packer COHRE Chairperson

Executive Director’s Message

As always in the world of human rights work, the last

land disputes, courtroom battles and others are merging

three years witnessed both unimaginable courage and hope,

together, integrally, with a common thread; the unifying thread of

as well as acute despair and chronic violations of human

housing rights.

rights which in some parts of the world are clearly getting worse. COHRE’s efforts during 2003-2005 brought us

Housing rights do, indeed, tie together war and peace,

face-to-face with both.

poverty and development, human rights abuses and justice, in a way few other themes can do. And though the world now

On the positive side of the spectrum, COHRE’s expanded

faces aglobal assault on housing rights – aptly described

team prevented planned forced evictions, breathed new

by one author as ‘domicide’ – COHRE will remain vigilant

life into a series of new or moribund global human rights

and committed to protecting the advances made in recent

standards and won several important judicial victories in

years, holding violators of housing rights to increasingly strict

support of communities struggling for their housing rights.

levels of accountability and arguing for a world order that is

Working from our offices throughout the world, in Africa,

arranged in such a way that no one, anywhere in the world,

Asia, Latin America and beyond, COHRE was able to work

will see their homes taken from them without recourse, be

simultaneously in post-conflict settings, urban slums, areas

forced to sleep on the street for lack of a home or live their

affected by natural disasters and anywhere housing rights

lives in squalor.

were under threat. Our ability to work as closely with urban poor communities as with Governments and the UN, remains

To COHRE this simple wish does not seem too much

one of our greatest strengths.

to expect.

But sadly, these strides forward must be seen against the larger backdrop of the global housing rights crisis which seems to worsen, just as it looks about to improve. COHRE engages in issues that affect where and in which conditions people live and bases its work firmly on existing human rights. And over the years – perhaps more than ever during the past three years – we have witnessed a strange convergence of events in areas which have traditionally been treated as distinct. Now issues as diverse as poverty, war, environment, gentrification, globalisation,

Scott Leckie

economics, natural diasters, housing prices and the increased

COHRE Executive Director

commodification of the world’s homes, the rights of women, WELCOME MESSAGES

3

The Human Right to Housing – Two steps forward, three steps back

It is difficult to envisage what future the drafters of the Universal Declaration on

human rights law – security of tenure, privacy, adequate space, affordable, access

Human Rights and those who prepared the subsequent Covenant on Economic,

to clean water and services, and others – it would not be an exaggeration to assert

Social and Cultural Rights might have imagined when they added the word ‘housing’

that well over half of the world’s people have still yet to enjoy a life where their

to both of these infinitely important global standards. Could they possibly have

housing rights are fully in place. And, of course, if these numbers are even close to

envisioned a world where everyone, everywhere – without exception – had a safe,

accurate, it goes without saying that no human rights are violated anywhere near

secure, affordable home in which to live, without fear of eviction or harassment? Is

the extent to which housing rights are abused, denied and neglected.

this the housing rights future they had in mind?

What then is to be done? How do we remedy this abhorrent situation where more Or were the drafters (as they can often be) far more prescient than that, and

children are born into families who do not enjoy their legitimate housing rights, than

conversely picture a future, some several decades later, where access to housing

those who are born into homes which comply with what human rights laws are meant

– rather than treated universally as a basic birthright of all humanity – instead

to promise everyone, everywhere? What can be done when powerful governments

became increasingly commodified; an ever more rare affordable good, with higher

such as the United States continue to oppose treating housing as a right; when

and higher value, capable of access or acquisition only to the highest bidder?

simplistic solutions to the global housing crisis such as granting title deeds alone are touted as a save-all despite so much evidence to the contrary; and when even well-

In which direction did the outlook of the drafters and the States who signed or ratified

intentioned documents such as the UN’s Millennium Development Goals speak of

international norms enshrining housing rights tend, all those years ago when their

improving the lives of 100 million slum dwellers by 2020, even as the UN predicts the

pens and their votes began building the most important legal framework of hope that

total number of slum dwellers will have grown by a further 500 million by that date?

humanity has ever witnessed? Which world did they forecast to emerge as a result of their efforts? Perhaps we will never know this answer for sure, but it is probably

Similarly, what can be done to confront what has become in the last several years,

safe to say that most surely hoped for the first prospect, just as they may have feared

nothing less than a global evictions epidemic; particularly in Africa and Asia where

the latter. And, indeed, the world we face today – the world seen through the lens of

leaders and Governments think nothing of evicting hundreds of thousands of people

housing rights – is sadly far more reminiscent of the world the drafters sought to prevent

in a matter of days or weeks in order to confiscate land for what they see as more

emerging, than the world they had hoped to create.

profitable purposes? And when Governments in nations decimated by disasters like tsunamis or earthquakes decide to prevent survivors from returning to their ancestral

4

Today more than 30 percent of humanity live in desperately poor housing conditions,

homes so that they can allocate the land to property developers (for a kickback, of

which threaten their lives, their health and their livelihoods. Millions of the world’s

course), what can be done? When Central Banks lower interest rates to such an extent

poor are violently evicted from their homes every year. More than two billion people

that house prices shoot skywards, encouraging just about everyone to become a

do not possess legal protection against arbitrary forced evictions. Were we to

buyer (read: mortgage holder), and then the inevitable decline in prices arrives, what

combine all of the attributes of ‘adequate housing’, as defined under international

can be done to stop this boom and bust cycle from occurring yet again in the future?

THE HUMAN RIGHT TO HOUSING

When housing budgets are decimated, when rent caps are lifted and tenant’s rights reduced, when there are no policies to ensure access to housing by the most vulnerable – the disabled, the elderly, victims of war and others – and when ‘faith-based initiatives’ alone are seen as the guarantors of the rights of the poor rather than the State, what then are we to do? Of course, the simple answer is that much can be done and much is being done by an increasingly consolidated movement, in which COHRE is proud to be a key player, intent on protecting and securing housing rights for every person in every country, nation or territory; rather than leaving people’s access to an adequate home solely up to the invisible hand of markets. And there is good housing rights news to report, with positive advances in law, policy and practice in many parts of the world. UN Habitat’s Campaign for Secure Tenure, for instance, has motivated the international community, governments and civil society to do more to protect the rights of the urban and rural poor. The Advisory Group on Forced Evictions, established by UN Habitat’s Executive Director, Mrs. Anna Tibaijuka, is another positive development. Tibaijuka’s mission to Zimbabwe to examine the eviction crimes sponsored by the Mugabe regime was another step forward in the recognition of forced evictions being a threat to peace and security. Though no action was ultimately taken (at least not thus far) against Zimbabwe, that these issues were raised at the UN Security Council and that charges of crimes against humanity were levelled by some States, is further evidence that in some instances, housing rights are being taken more seriously than before.

During the past three years, a range of new housing rights standards have been approved by the UN and national governments.

New rules governing housing and property restitution rights for refugees and displaced persons have emerged. The global outpouring of support for rebuilding the shattered homes of tsunami survivors throughout Asia was further testimony that the people of the world care about and support COHRE’s standard refrain of – Housing Rights for Everyone, Everywhere. It is perhaps most appropriate to conclude this brief overview of housing rights today on this very point, for this is the essence of any perspective that takes housing rights seriously. And this, of course, remains that basic and timeless truth that the world’s citizens, by a huge measure, support the assertion that everyone must have access to an adequate home and expect their housing rights to be protected. It will be up to governments and those economic institutions that so often control them, to embrace the view of the global majority that housing must never become a privilege, it must always remain a basic human right.

5

Examples of COHRE’s work around the World

Colombia

Zimbabwe

1

COHRE is working closely with local groups in Colombia to help resolve Latin

COHRE continues its longstanding efforts

America’s worst and most persistent

in Zimbabwe to end arbitrary evictions

displacement crisis.

and land confiscations and to hold public officials responsible for these abuses.

Brazil Brazil’s most marginalised groups

South Africa

– the Quilombos, indigenous groups

Working with local partners, COHRE

in Amazonas, and favela dwellers – are

continues to put pressure on the

working with COHRE to strengthen

Government of South Africa to implement

housing and land rights.

the pro-housing rights and anti-evictions provisions of the 1996 Constitution.

Guatemala COHRE is supporting the restitution

Ghana

and reparation rights of the Rio Negro

COHRE actively campaigns for an

community, filing several cases before

improved national housing policy in

national and regional human rights tribunals.

Ghana and to prevent a series of planned forced evictions.

Argentina

Kenya

Together with several urban poor associations, COHRE is engaged in efforts

In conjunction with Kenyan housing rights

COHRE Offices

NGOs, COHRE has campaigned to stop

1

Duluth, USA

planned evictions in some of Nairobi’s

2

Porto Allegre, Brazil

to secure the right to water for Argentina’s poorest communities.

6

EXAMPLES OF COHRE’S WORK AROUND THE WORLD

3

Accra, Ghana

4

Geneva, Switzerland

5

Colombo, Sri Lanka

6

Melbourne, Australia

2

largest slums, including Kibera.

Sri Lanka Working from its Colombo office, COHRE continues to advocate on behalf of

4

those displaced by the conflict and the 2004 tsunami for the right to return to their original homes.

Cambodia Through training public officials and grassroots groups, COHRE is striving to reduce both the severity and the scale of forced evictions in the Cambodian capital Phnom Penh.

3

Pakistan

5

COHRE has publicised the often violent and massive forced evictions carried out in connection with the Lyari Expressway project in Karachi.

Burma COHRE is seeking to build a greater understanding within Burma of the human rights implications of the housing and land rights crisis facing the citizens of this modern-day dictatorship.

6

THE HUMAN RIGHT TO HOUSING - TWO STEPS FORWARD, THREE STEPS BACK

7

Forced Evictions

Every year many millions of people around the world are forcibly evicted, leaving them homeless and, in the process, entrenching patterns of poverty, discrimination and social exclusion. Evictions take place in virtually all countries and are usually directed at poor and vulnerable communities living on the edge of legality under informal tenure arrangements. Most communities are evicted against their will and without consultation, compensation or alternative housing being provided.

The consequences of forced eviction for families and communities, and particularly for the poor, are severe and traumatic. Property

Although forced evictions are often justified in the name of ‘development’, they

is often damaged or destroyed, productive assets are lost or rendered useless, social networks are broken up, livelihoods are lost,

directly contradict Millennium Development Goal 7, which aims to achieve ‘significant

access to essential facilities and services is denied, and violence is often used to force people to comply. The prospect of being

improvement in the lives of at least 100 million slum dwellers by the year 2020’. Evictions

forcibly evicted can be so terrifying that it is not uncommon for people to risk their lives in an attempt to resist or, in extreme cases, to

continue despite the fact that international law explicitly recognises the human right to

take their own lives when it becomes clear eviction cannot be stopped.

adequate housing and has repeatedly condemned the practice of forced eviction as a gross and systematic violation of human rights.

While the outcome of the practice of forced eviction is always the same – the removal of a person or family from their home against their will – the causes of displacement and the powerful forces responsible for these abuses are often more difficult to pinpoint.

COHRE’s attention to the practice of forced evictions has been a core element of its

In many cases, forced evictions may occur in connection with seemingly unstoppable economic development processes, with

work since its inception. The severity and scale of forced evictions in recent years

clearly identifiable individuals or institutions publicly supporting the removal of people from their homes. Conflicts, both domestic and

has been such that COHRE was prompted to establish a Global Forced Evictions

international, generate millions of evictions every year, while urban ‘beautification’ projects, gentrification and modernisation lead to

Programme in January 2003, with a mandate to monitor, prevent and remedy forced

further millions losing their homes. In other cases however, the factors leading to eviction may be more subtle and smaller in scale;

evictions throughout the world. Since its inception, the programme has made significant

a poor landlord in a slum may decide arbitrarily to evict even poorer tenants or a large landowner may falsely claim that work is no

progress in carrying out its mission. COHRE has forged alliances and partnerships with

longer available for those working his farm and may use this as a false pretext for removing them from his land. But while the causes

a growing network of communities and support organisations around the world. This

vary, the human rights implications for those evicted are the same, and the rights they are meant to enjoy need to be taken seriously,

integrated approach has enhanced COHRE’s effectiveness in fighting against forced

no matter where or what the justification for their eviction from their place of residence.

evictions. Together with its partners, COHRE has sought to prevent forced evictions using the following tools:

8

FORCED EVICTIONS

Zimbabwe and Operation Murambatsvina In May 2005, the Government of Zimbabwe launched Operation Murambatsvina (literally “drive out rubbish”), a violent and systematic attempt to destroy Zimbabwe’s slum areas

Global networking

Kenya; Agbogbloshie / Old Fadama,

be to further develop the momentum of

and force residents out of the inner city areas in which they lived and worked. Operation

COHRE has developed and played a

Accra, Ghana; Pommahakan, Bangkok,

resistance to forced evictions globally;

Murambatsvina left at least 700,000 people homeless or without a livelihood, and indirectly

central role within a global network of

Thailand; Quilombos communities in

to engage governments in dialogue to

affected a further 2.4 million people. On 23 June 2005, a coalition of more than 200

organisations and community groups

Alcantara, Brazil; Johannesburg Inner

highlight their human rights obligations

African and international NGOs coordinated by Zimbabwe Lawyers for Human Rights,

resisting forced evictions, covering more

City, South Africa; various locations

with the aim of preventing evictions

Amnesty International and COHRE held simultaneous media conferences in Harare,

than 50 countries.

in Zimbabwe; Roma evictions in a

and developing viable alternatives;

Johannesburg, Windhoek, Lagos and Cairo, declaring “There can be no justification for

number of countries in Europe; and

and to find ways to tackle and change

the Government of Zimbabwe’s action which has been carried out without prior notice,

Chixoy Dam, Guatemala.

the policies and practices of the worst

due process of the law or assurance of adequate alternative accommodation.”

Eviction monitoring

violators of the right to adequate

COHRE has established standardised information gathering and recording

Advocacy

housing and protection against forced

In the wake of Operation Murambatsvina and Zimbabwe’s economic crisis – which has

procedures and systems, and compiles

In partnership with its allies, COHRE

evictions, such as China, whose

seen inflation of almost 1000 percent and severe food and fuel shortages – millions of

up-to-date information sheets on key

has directly or indirectly assisted in the

example is being followed by many

Zimbabweans continue to face poverty, malnutrition, starvation and disease.

eviction cases around the world.

prevention of planned forced evictions

weaker emerging economies.

of tens of thousands of families through

The Zimbabwe Government responded to international pressure with Operation Garikai

Media and publicity

issuing letters of protest and media

In order to meet these challenges,

(“rebuilding and reconstruction”), although without funds to address needs in any

COHRE has brought increased media

releases, organising local and international

COHRE will seek to expand the existing

meaningful way. The Government continues to shun international offers of assistance and

attention to the issue of forced eviction,

campaigns, and engaging in other

global forced evictions information

has withheld international aid from distribution. It continues to forcibly evict residents and

and has exposed the perpetrators of

creative eviction prevention initiatives.

network; collect, record and analyse

informal traders who attempt to resettle in areas cleared by Operation Murambatsvina.

comprehensive,

forced evictions at local, national, regional and international levels.

Case work Through

intensive

quality

information

In spite of such successes by COHRE

on evictions around the world; finalise

On 16 November 2005, COHRE, Amnesty International, and Zimbabwe Lawyers for

and the many other organisations and

and roll out a comprehensive global

Human Rights coordinated a second joint action with over 250 organisations, who called

groups who are working to prevent

forced evictions database, accessible

on the Zimbabwe Government to provide emergency relief and restitution, compensation

fact-finding,

and remedy forced evictions, the

to a broad range of partners; continue

and access to justice to all those affected. They also urged African leaders to end their

preventative and remedial work on a

problem of forced evictions persists

to build and consolidate emerging

silence and pressure the Government to halt and remedy the evictions.

growing number of eviction cases,

on a massive scale. In the past three

alliances and partnerships against

COHRE is increasingly successful in

years a renewed spate of mass forced

forced evictions; undertake effective

COHRE also supplied a dossier of information to the UN Special Envoy, Mrs. Anna

halting planned forced evictions before

evictions, in Asia and Africa particularly,

joint actions to prevent forced evictions

Tibaijuka, during her visit to Zimbabwe in June 2005. In November, during the 38th African

they can be carried out. Major efforts

has

crucial

in at least twenty key focus countries;

Commission on Human Rights Session in Banjul, Gambia, COHRE and its partners

in this regards were undertaken from

importance of intensified efforts to turn

and develop, promote and publicise

lobbied for a resolution on Zimbabwe. COHRE is currently researching the possibility

2003-2005

Expressway,

the tide. It is clear that COHRE’s key

viable alternatives to forced eviction.

of having perpetrators of the Operation Murambatsvina evictions charged with crimes

Karachi, Pakistan; Kibera, Nairobi,

challenges for the next three years will

in:

Lyari

demonstrated

the

against humanity.

FORCED EVICTIONS

9

Housing and Property Restitution Finding effective and just ways to secure housing,

persons to return to and reclaim their original homes and

Colombia

This report, and COHRE’s work towards a just and stable

land and property restitution rights for refugees and

lands. Since 1998 COHRE has worked closely with

COHRE has carried out several missions to Colombia

peace between Israel and the Palestinians, makes the

internally displaced persons wishing to return to their

governments, UN bodies, NGOs, community-based

to examine restitution issues, one result of which was

case for the housing and property restitution rights of

places of habitual residence are emerging as some of

groups and refugees and internally displaced persons

the 2005 release of Defending the Housing Rights

Palestinians dispossessed of their former homes and

the key challenges facing policy- and law-makers and

(IDPs) to systematically address the immense housing,

of Internally Displaced Persons, which addresses

lands. COHRE’s media team carried out ten days of

the United Nations in post-conflict countries. Resolving

land and property restitution challenges facing refugees

housing and property restitution rights for those

filming in both Palestine and Israel in May 2005 for a film

restitution claims successfully is now increasingly seen

and internally displaced persons in numerous post-

displaced by the ongoing civil war. Cyprus

on the restitution rights of Palestinian refugees which will

as a fundamental element in peace-building efforts

conflict and post-disaster settings. COHRE has worked

designed to bring stability and development to countries

directly on housing and property restitution issues in

More than 170,000 Greek Cypriots from the northern

decimated by war. The new UN Peacebuilding

many post-conflict and post-disaster trouble spots

part of the island remain unable to access their original

Maldives

Commission will surely need to institutionalise support

including Albania, Bhutan (for refugees in eastern Nepal),

homes. Vocal demands for the restitution of housing and

COHRE worked in the Maldives in the immediate

for housing and property restitution in countries where it

Cyprus, East Timor, Georgia (and South Ossetia), Iraq,

property have ensured that this remains a major political

aftermath of the 2004 Asian tsunami to explore whether

becomes actively involved.

Kosovo, Maldives, Palestine/Israel, Sri Lanka, and

issue in the country. In late 2005, COHRE undertook a

the proposed relocation of some tsunami survivors to

elsewhere. COHRE is regularly called on by UNHCR,

mission to Cyprus to examine the restitution question

island’s other than their own was consistent with the

The removal of people from their homes and the

UN-Habitat, UNDP, OCHA and other UN agencies for

first-hand, and to determine how the agency might best

human rights of the displaced.

confiscation of their land on the basis of race or ethnicity

policy and legal advice on restitution issues.

assist in resolving outstanding restitution claiMs

community. Therefore, ensuring the restitution of

During 2003-2005, COHRE worked on restitution

Guatemala

Since 2003, COHRE has regularly worked in Sri Lanka

homes, lands and property (usually lost through

issues in a growing number of countries:

COHRE has worked intensively with the Chixoy Dam

on housing and property restitution questions. In 2003,

be released in early 2006.

Sri Lanka

is now widely condemned by the international

arbitrary

10

Reparations Campaign in Guatemala, in an effort to

it prepared a detailed proposal for the establishment of a

uncompensated expropriation and discriminatory

displacement,

Burma (Myanmar)

achieve restitution and compensation for the displaced

Sri Lankan Housing, Land and Property Commission at

confiscation) has become a prominent component of

COHRE continued its efforts to promote the rights

families of more than 400 people who were murdered in

the request of UNHCR-Colombo. The proposal is now

efforts in support of housing rights within the context of

of all the displaced within and outside of Burma to

the early 1980s resisting the construction of the massive

under consideration by both the Government and the

post-conflict reconstruction and reconciliation. Securing

return home and reclaim their original homes and

Chixoy dam.

LTTE. In 2005, following the tsunami, COHRE provided

the equal rights of women in post-conflict settings is

lands when they choose to do so. COHRE has also

often most concretely carried out in terms of protecting

worked to raise the profile of housing, land and property

Israel/Palestine

combine efforts to simultaneously resolve both conflict-

women’s equal rights to property ownership, including

rights within Burma, and continues to encourage the

In 2005, COHRE released the report Ruling

induced displacement and the displacement caused

their right to housing, land and property inheritance.

people of Burma to consider how these issues might

Palestine: A History of the Legally Sanctioned Jewish-

by the tsunami. Given the extent of work on restitution

best be addressed in a future democratic Burma.

Israeli Seizure of Land and Housing in Palestine in

to be done in the country, COHRE established an office

COHRE’s work on housing and property restitution

collaboration with the Palestine-based BADIL Resource

in Colombo in mid-2005, which has greatly enhanced

works to protect the rights of refugee and displaced

Center for Palestinian Residency & Refugee Rights.

COHRE’s efforts in the country.

HOUSING AND PROPERTY RESTITUTION

ethnic

cleansing,

advice on how the international community might best

The Pinheiro Principles The UN endorsed the Principles on Housing and Property

Expanding awareness

The Principles have already become tools for future training

Restitution for Refugees and Displaced Persons (‘The

To expand global awareness of these issues, COHRE has produced

programmes in Afghanistan, Burundi, Colombia and Sri Lanka, and

Pinheiro Principles’) on 11 August 2005. The Pinheiro

more than ten publications on housing, land and property restitution

have been utilised to inform human rights litigation pending before

Principles are the most comprehensive global standard

issues. Most significantly, in 2003 the edited volume Returning

the European Court of Human Rights.

ever adopted on the question of housing, land and property restitution rights for

Home: Housing and Property Restitution Rights of Refugees and

the world’s 35 million displaced persons. They are designed to provide practical

Displaced Persons was published by Transnational Publishers. A

guidance to States, UN agencies and the broader international community on how

second volume of Returning Home was completed in late 2005

Embracing Housing Rights within every UN Peace Operation

best to address the complex legal and technical issues surrounding housing, land

and will also be published by Transnational Publishers.

COHRE has worked within several UN Peace Operations – including Kosovo and East Timor – and in a much wider range

and property restitution. For the first time, the Principles provide a consolidated and universal approach to dealing effectively with outstanding housing and property

Improving restitution standards

of post-conflict nations, assisting local and international authorities

restitution claiMs They augment the international normative framework in the area

COHRE has long been active in promoting the adoption of new

to address housing, land and property concerns that arise within

of housing and property restitution rights, and are grounded firmly within existing

international standards on housing and property restitution. In

all post-conflict settings. Beyond the question of restitution, land

international human rights and humanitarian law. Sections II-IV of The Principles

August 2005, the most significant standard to date was endorsed

disputes, structural discrimination against women, forced evictions,

(Principles 2-10) re-affirm existing human rights and apply them to the specific

by the UN. The UN Principles on Housing and Property Restitution

the destruction of homes, housing reconstruction, repairing

question of housing and property restitution.

for Refugees and Displaced Persons (‘The Pinheiro Principles’) are

housing and property registration systems and many other issues

a major achievement in the area of standard-setting with respect

are common challenges facing countries in the aftermath of war or

National policy-makers, UN and NGO officials and others involved in the practical

to restitution, and are the culmination of a four year process

during the transition to democracy.

transformation of restitution rights from paper to deed, will find Sections V-VI

which COHRE initiated in 2001. In the run-up to the adoption of

(Principles 11-22) of particular relevance. In these sections, the Principles elaborate

the Principles, COHRE organised two expert panel discussions

In 2004, COHRE completed a comprehensive policy paper for

what States should do in terms of developing national housing and property

in Geneva, as well as a 2-day Expert Consultation from 21-22

UNHCR entitled United Nations Peace Operations and Housing,

restitution procedures and institutions, and ensuring access to these by all displaced

April 2005 which explored the draft Principles, held at Brown

Land and Property Rights in Post-Conflict Societies: A Proposed U.N.

persons. They stress the importance of consultation and participation in decision-

University (Providence, USA). The Expert Consultation allowed

Integral Policy Framework. The paper was used as the background

making by displaced persons, and then outline approaches to technical issues of

discussion of the development of the Principles in partnership with

paper for an Expert Group meeting (10-11 November 2004, in

housing, land and property records, the rights of tenants and other non-owners

a broad range of international experts. The Expert Consultation

Geneva) designed to garner support within the UN system for just

and the question of secondary occupants. Legislative measures, the prohibition

was coordinated jointly by COHRE and the Watson Institute

such a policy. COHRE is in the process of sponsoring research

of arbitrary and discriminatory laws, the enforcement of restitution decisions and

for International Studies at Brown University, with the generous

towards a comparative survey of past UN peace operations and

judgments and the issue of compensation are then explored. Finally, Principle 22

support of the United Nations Office of the High Commissioner for

their involvement in the housing, land and property rights issues

discusses the responsibility of the international community to protect housing and

Refugees (UNHCR) and the Norwegian Refugee Council (NRC).

which will be published in 2007.

property restitution rights.

Now that the Principles have been adopted by the SubCommission, COHRE is drafting a plan of action on followup activities and the implementation of the Principles.

HOUSING AND PROPERTY RESTITUTION

11

Women and Housing Rights

Despite the many significant human rights advances

rights perspective: lack of information and training on

organisations working on broader issues of violence

how such rights intersect with housing and land

during the past half century and a clear recognition that

the right to housing; lack of collective action focused on

against women and women’s rights more generally.

rights for women.

human rights belong equally to both genders, women

women’s housing rights; a belief that housing, especially

Despite initial reluctance to embrace housing and land

continue to be structurally deprived of equal treatment,

for women, should be left to the private sector; and an

rights issues, innumerable women’s organisations

Information collection and dissemination

opportunities for economic advancement and personal

overall disregard for the importance that the right to

have over time realised the centrality of these issues,

The issue of inheritance rights for women, particularly

autonomy in all corners of the world. The increasing

housing plays, especially for women. Though these

and how fundamental they are to the problems their

focused on sub-Saharan Africa and the Middle

feminisation of poverty throughout the world is testimony

problems are widely known and some important steps

clients face, in both the North and the Global South.

East and North Africa (MENA) region, has been the

to the fact that the mere recognition of women’s human

have been taken to address them, the specific impacts

rights is not enough; rights must be protected and

they have upon the deprivation of housing and land

COHRE has been actively coordinating the

rights. Inheritance is a fundamental issue with regard

fulfilled, not simply accorded recognition.

rights for women is rarely acknowledged, let alone

emergence of the Women’s Land Link Africa, a

to how wealth is transferred within a society, and is

positively addressed.

collaborative effort with the Huiarou Commission,

closely related to the protection of women’s housing,

UN-FAO Southern Africa and UN-HABITAT. The

land and property rights. In 2003-2004, legal

slums, shantytowns, transit centres, refugee camps

COHRE has been actively engaged in efforts to support

project has developed an information database

systems relating to civil and customary inheritance

or the streets, often for no reason other than their

women’s housing, land and property rights since 1998.

on legal and practical matters relevant to women’s

rights in ten sub-Saharan countries were analysed

gender. In dozens of countries, women are legally

The last three years have been critical in addressing

housing and land rights in Africa, and linked

within a human rights framework, and the realities of

barred from inheriting housing, land and property on an

these issues and seeking change. Our work during

organisations throughout the region to share

women’s inheritance were investigated. This research

equal basis with men. Women disproportionately face

2003-2005 focused on three main areas of activity:

strategies and experiences on the issue.

continued in the MENA region in 2004-2005.

the brunt of forced evictions. Women perform two-

international coalition building, information collection

thirds of the world’s total working hours, yet they own

and dissemination, and effecting policy change:

COHRE remains actively involved on women’s

Fact-finding missions exploring these issues were

issues at the UN Commission on Human Rights,

carried out in Zambia, South Africa, Turkey and

As a result, millions of women have been relegated to

less than 1 percent of the world’s property. Women

12

cornerstone of COHRE’s efforts to protect women’s

and girl children make up 80 percent of the world’s

International coalition building

and during 2003-2005 participated in the work of

Kuwait. Throughout these countries, COHRE found

refugees and internally displaced persons. Women’s

Working at all levels, from the UN to the grassroots,

the UN Commission on the Status of Women, the

that the international and national protection of

economic disadvantage and income disparities place

COHRE devoted considerable time to building a

World Urban Forum and the International Experts

inheritance rights is largely inadequate. Inheritance

considerable economic strain on the mothers, sisters,

strong base and support network. Informed by

Group Meeting on Housing and Land Rights.

is a multi-faceted issue, ranging from the complex

wives and daughters of the world.

the women’s global political movement, COHRE

At each conference, COHRE organised side events

world of customary law, to the intense burdens of

concentrated on raising awareness of the causes

on the issues of housing rights and women, inviting

poverty and the harsh impact of HIV/AIDS. Women

Gender inequity gives rise to many barriers which

behind the denial of housing and land rights for

those organisations traditionally involved in issues

in both regions are blatantly denied their rights to

COHRE believes can be addressed from a human

women, and has consistently sought to involve

such as health, education and political rights to see

equal inheritance.

WOMEN AND HOUSING RIGHTS

Inheritance Rights are Human Rights

In an effort to address the problems identified in 2004-2005, workshops of activists from

Inheritance rights play a fundamental role in the transfer of wealth in society, and directly

the focus countries in sub-Saharan Africa and the MENA region highlighted similarities

impact on the degree to which women’s rights to adequate housing and land are

surrounding inheritance rights violations in the two regions. Both workshops resulted

protected. Ensuring equal inheritance rights will help to redress the high levels of poverty

in the emergence of regional networks focused on the issue of inheritance rights. This,

and housing insecurity facing women throughout the world today.

in turn, led to the convening of the Inheritance Rights are Human Rights Summit, a two day conference held in Geneva during the 2005 UN Commission on Human Rights.

Every society has predetermined formal laws and informal rules governing rights of

The Summit drafted the Declaration on Inheritance Rights, which is intended to act as

succession. In principle, laws of succession and inheritance are designed to counteract the

the impetus for stronger policy and protection for inheritance rights, at both the local

disruptive effect of death on the integrity of the family unit. In reality, however, if the law and

and international levels.

practice of inheritance is not based upon human rights standards, it often has the opposite effect, effectively robbing widows and girls of their lands and homes and forcing them into

Effecting policy change

homelessness, destitution and social isolation.

Effecting policy change has been another key focus of COHRE work on women’s rights in recent years. The publication in 2004 of Bringing Equality Home: Promoting

In many countries, even those with statutory systems that purportedly protect women,

and Protecting the Inheritance Rights of Women – A Survey of Law and Practice in

inheritance is in practice determined by systems of custom and tradition. These often

Sub-Saharan Africa included a set of detailed recommendations to ten countries, the

discriminate against women through measures ranging from quiet persuasion to violent

international and regional community, civil society and donors. The recommendations

coercion. For example, in sub-Saharan Africa, this often leaves widows homeless after in-

focused on effecting change based on human rights law and respect for women’s

laws claim the husband’s property as their own, inappropriately citing customary law. The

equality, participation and autonomy, and have been well received.

denial of inheritance rights has devastating consequences: it has for example been linked to an increase in the HIV/AIDS rate for women. Denied inheritance rights, evicted from housing

Information on women’s housing rights was disseminated throughout COHRE’s global

and land, women are often forced to seek shelter in urban sluMs COHRE continues to

network through publications and fact sheets, email alerts and network information

lead efforts to ensure that women and men enjoy equal inheritance rights in all countries of

exchanges, and through training and sensitisation programmes. In 2003 and 2004,

the world.

COHRE carried out training programmes on these issues in the Philippines, Morocco, Kenya and Indonesia. COHRE is also seeking to influence policy through use of the Declaration on Inheritance Rights. It has worked at the international level with interested States to develop housing and land rights resolutions at the Commission on Human Rights and the Commission on the Status of Women.

WOMEN AND HOUSING RIGHTS

13

Litigating Housing Rights COHRE’s litigation work promotes and protects economic, social and

Direct litigation

Amicus Curiae litigation

cultural (ESC) rights through capacity building and training, and assisting

COHRE v. Sudan (Darfur): Complaint to the African Commission on Human and Peoples’ Rights

Dominican Republic

litigation efforts at the domestic, national and international levels. From 2003-2005, COHRE undertook or assisted in litigation or quasi-litigation in

COHRE prepared and submitted a Communication to the African

Dominican Republic before the Inter-American Court of Human Rights in

or against the US, Guatemala, Nigeria, Kenya, India, Israel, Greece, Ireland,

Commission on Human and Peoples’ Rights with respect to past

support of Movimiento de Mujeres Dominico-Haitianas (MUDHA), Centro

the Dominican Republic, the Philippines, Sudan, Cambodia, Croatia, Israel,

and ongoing human rights violations in the Darfur region of Sudan.

por la Justicia y el Derecho Internacional (CEJIL) and the International

Zimbabwe and South Africa. Training workshops and seminars were held in

COHRE intervened in the case of Dilcia Yean and Violeta Bosica v.

Human Rights Law Clinic of the University of California Berkeley Law

Cambodia, Ghana, Finland, the Gambia, Kenya, the Philippines and the US.

COHRE v. Guatemala et al (Chixoy Dam Case): Inter-American Commission on Human Rights

ESC Rights training, workshops and seminars

In September 2004, COHRE filed a case to the Inter-American

In partnership with the Institute for Human Rights at Åbo Akademi in Turku/

Commission on Human Rights on behalf of the victims of the Chixoy Dam

The Philippines

Åbo, Finland, COHRE presented an Intensive Course on Justiciability of

in Guatemala. This case was filed against the Government of Guatemala,

COHRE has an amicus curiae brief before the Regional Trial Court of

Economic, Social and Cultural Rights in 2004 and again in 2005.

the US Government, the World Bank and the Inter-American Development

the National Capital Judicial Region, a domestic court in the Philippines,

Bank. This is one of the first ever cases designed to hold Member States

in the case of José R. Morales, et al. v. Metro Manila Development

In May 2004, COHRE carried out a two-day intensive workshop for judges

and International Financial Institutions (IFI) accountable for human rights

Authority, et al. This case is an attempt to prevent the forced eviction of

and lawyers entitled Seminar on Litigating ESC Rights for the Bench and

violations carried out in the context of IFI projects.

several persons by the municipal authorities in Manila.

Zimbabwe

and regional law, both substantive and procedural, binding on the

Heather Mundy v. Democratic Socialist Republic of Sri Lanka: UN Human Rights Committee

Government of Ghana with respect to housing rights and the prohibition

COHRE was co-petitioner in the above case, brought before the Human

cases in 2005. The first, Dare Remusha Cooperative v. The Minister

on forced eviction.

Rights Committee, challenging the eviction of several persons in Sri Lanka

of Local Government and Urban Development, the Chairperson of the

to make way for an expressway from Colombo to Matawa.

Harare Commission, the Minister of Home Affairs, the Commissioner

School (Boalt Hall). This case involves the denial of primary education to two girls of Haitian descent and those similarly situated.

Bar. Participants included members of the judiciary from Ghana, Nigeria and the Gambia. The workshop involved an examination of international

COHRE assisted the Zimbabwe Lawyers for Human Rights in two

In 2005, at the invitation of the Chief Justice of the Gambia, COHRE held a

of Police and the Harare City Council, sought injunctive relief from the

two-day seminar on the justiciability of ESC rights, with a particular focus on

Supreme Court of Zimbabwe for the massive forced evictions taking

housing rights, including the prohibition on forced eviction.

place as a result of the so-called Operation Murambatsvina, which left over 300,000 homeless by early June.

In March 2005, COHRE also took part in a two-day training on housing as a human right, with a particular focus of the prohibition on forced evictions

The second was a case before the African Commission on Human and

and the justiciability of housing rights. The training was attended by lawyers

Peoples’ Rights in the case of Zimbabwe Lawyers for Human Rights v.

and other human rights advocates.

Zimbabwe. COHRE provided an amicus curiae brief which analysed the forced evictions at issue in this case through the lens of the Government of Zimbabwe’s international human rights obligations.

14

LITIGATING HOUSING RIGHTS

The Chixoy Dam case In the early 1980s the Government of Guatemala was widely known as one of

Strategic litigation in the United States

CERD: Ireland

the world’s worst human rights abusers. During this time, the World Bank and the

Alvarez-Machain v. Sosa et al.

COHRE submitted a Shadow Report to the Committee on the

Inter-American Development Bank (IDB) negotiated a multi-million dollar deal with

COHRE joined other human rights organisations in an amicus

Elimination of Racial Discrimination regarding discriminatory

the military Government of Guatemala. Both Banks partnered with the Government

curiae brief to the US Supreme Court in this case involving a

legislation and practices, including forced eviction, of and by the

of Guatemala in order to fund the construction of the Chixoy Hydroelectric Dam,

challenge by the US Government to the application of the Alien

Government of Ireland with respect to housing and Travellers.

a project that would greatly benefit many of the military leaders who owned vast

Tort Claims Act to human rights violations.

Legal advice

tracts of land in the area to be serviced by the dam. The first phases of the dam project involved displacing the rural Mayan peasants from the reservoir basin in

Khulumani et al. v. Barclays Nat’l Bank et al.

which they had lived for generations.

COHRE joined other human rights organisations in an amicus

Hearing before the Inter-American Commission on Human Rights

curiae brief to the US Federal Court in the case of Khulumani et

COHRE worked with several US-based organisations in

The residents of Río Negro, one of the communities to be displaced, were offered

al v. Barclays Nat’l Bank et al. The brief argued that internationally

order to arrange for a hearing before the Inter-American

grossly unfair compensation for the homes and lands, and sought to negotiate

recognised “gross violations of human rights” fall under the

Commission on Human Rights on housing rights in

further with Guatemalan authorities. The Guatemalan authorities responsible for

scope of the Alien Tort Claims Act.

the Americas with a particular focus on Brazil, Canada and the US.

the construction of the Chixoy Dam, a project funded by and under the supervision of the World Bank and IDB, decided on a different solution. In 1982 the Guatemalan

Israel v. Ascherman et al.

authorities carried out a series of brutal massacres as a means to forcibly evict the

COHRE submitted an amicus curiae brief to the Jerusalem

Legal memorandum to PILAP, Phnom Penh, Cambodia

village of Río Negro. These massacres left over half the village’s population dead,

District Court in support of Rabbi Arik Ascherman.

COHRE submitted a Legal Memorandum on the threatened forced eviction of families living near Preah Monivong Hospital

as the survivors went into hiding.

Working on behalf of the Río Negro survivors, COHRE filed a case with the Inter-

Quasi-litigation: Treaty-Monitoring Bodies’ periodic reporting procedure

American Commission on Human Rights in 2004. The Petition is one of the first

Human Rights Committee: Kenya

cases to attempt to hold the governments that make up the Banks accountable

COHRE submitted a Shadow Report to the Human Rights

Uganda: Forced eviction prevention advocacy

when they use the Banks to violate their respective human rights obligations.

Committee addressing violations of the International Covenant

COHRE intervened to prevent a threatened forced eviction of the

States cannot abrogate their respective human rights obligations simply by acting

on Civil and Political Rights in the context of forced evictions

Naguru and Nakawa estates in Kampala, Uganda. Some 1,500

collectively through inter-governmental organisations, including inter-governmental

from informal settlements in Kenya. COHRE also assisted in

persons were threatened by the forced eviction. The evictions

development banks. Human rights advocates and indeed human rights mechanisms

bringing three Kenyan human rights advocates to the session

were prevented.

such as those of the United Nations, Organisation of American States, African

of the Human Rights Committee at which the report on

Union and Council of Europe, must hold such entities and their Member States

Kenya was considered.

in Phnom Penh for the Public Interest Legal Advocacy Project (PILAP).

accountable for human rights violations. To do otherwise will simply create and maintain impunity for some of the gravest violations of international law. With the Chixoy Dam case, COHRE has set an example as to how to finally hold such organisations as the World Bank accountable for human rights violations.

LITIGATING HOUSING RIGHTS

15

THE RIGHT TO WATER IS ONE OF THE MOST WIDELY DENIED HUMAN RIGHTS, WITH OVER 1.1 BILLION INDIVIDUALS LACKING ACCESS TO AN AFFORDABLE SUPPLY OF CLEAN WATER FOR THEIR BASIC NEEDS. OVER 2.4 BILLION PEOPLE LACK ACCESS TO BASIC SANITATION.

16

The Right to Water

The right to water is one of the most widely denied human rights, with over 1.1 billion

COHRE’s response to the water challenge

individuals lacking access to an affordable supply of clean water for their basic needs.

COHRE began working on water issues in 2002, and achieved its first success when, at the initiative of COHRE and with its legal

Over 2.4 billion people lack access to basic sanitation. The poor, often living in

assistance, the UN Committee on Economic, Social and Cultural Rights adopted General Comment No. 15 on the Right to Water in

deprived urban and rural areas, are frequently neglected in infrastructure development

November 2002. The standard is now widely quoted in current debates on water issues, and several countries have taken steps to

and maintenance. They frequently pay exorbitant prices for drinking water or have

integrate the right into their Constitutions or water laws. COHRE’s aim since 2003 has been to promote and assist in the implementation

no alternative but to use contaminated water from rivers or wells. The laws and policies

of the General Comment at the international and national levels. As a small programme, COHRE’s strategy is to build expertise in key

of many countries provide scant protection for vulnerable and marginalised groups.

areas and to act as a catalyst to enable greater use of rights-based actions by development organisations working on water issues.

Furthermore, they are rarely enforced. Water services can be disconnected without notice and without provision of an alternative water supply, despite the dire threats to life

There have been political challenges preventing progress. A small number of States have opposed the right to water, thereby holding back

and health. Water prices can be arbitrarily increased even where water costs constitute

international progress on its implementation. A greater number of countries accept the right, but have not yet acted to implement the General

a major part of an individual or family budget.

Comment, on the basis that although it is an interpretation of the International Covenant on Economic, Social and Cultural Rights, it is not legally binding. COHRE has therefore sought to ensure clear acceptance of the right to water by States, including through the adoption of

Inadequate access to water cannot be explained as being purely due to lack of

stronger legal standards.

resources. For many people, inadequate access is due to discrimination, failure to prioritise the needs of the poor, failure to involve communities in decision-making,

Building capacity for advocacy and implementation

and the absence of adequate structures to monitor the actions of public officers and

COHRE has sought to build the capacity of those who could implement the right to water (government officials, service providers and

service providers. The access of marginalised communities to water would be

development agencies) and advocates of the right to water. These groups were reached through publications designed specifically for

immensely strengthened by human rights-based actions at the international, national

their use, which are made available free of charge on COHRE’s web-site (see www.cohre.org/water) and extensively publicised through

and local levels.

international networks.

THE RIGHT TO WATER

17

Key publications have included Legal Resources for the Right to Water: International and

The resulting draft UN Guidelines on the Implementation of the Right to Water set out

National Standards, the most comprehensive compilation of treaty provisions, national

urgent priorities for all levels of government with regard to implementing the right through

legislation, international declarations and national case-law on the right to water. COHRE

feasible steps in the short term.

has also helped to disseminate the concept of the right to water to an international audience; for example, through a booklet on the right to water produced in collaboration

As a long-term objective, COHRE is working toward an international treaty that would

with the World Health Organization and the Office of the UN High Commissioner for

codify the key components of the right to water and State obligations to implement them.

Human Rights, as well as articles on the right to water in journals and magazines such as

In 2004, COHRE, together with 19 international and national civil society organisations

Water Resources Development and Green Cross Optimist.

based in developed and developing countries, formed a coalition called Friends of the Right to Water to promote the right and a international treaty on its implementation.

In 2004-05, COHRE drafted a Manual on the Right to Water primarily addressed at

COHRE prepared a draft treaty and has participated in efforts to promote the treaty and

development practitioners, some of whom asked COHRE to show how the right to

to solicit feedback internationally.

water can be implemented in the context of limited public resources and capacity, and to demonstrate cases where this has been achieved. The Manual, to be published

Empowering communities to advocate for their Right to Water

with the World Health Organization, the American Association for the Advancement of

Since 2003, COHRE has worked in Conet and La Cava, two low-income communities

Science and UN-HABITAT, is under review by an external Advisory Committee and will be

on the outskirts of Buenos Aires, Argentina in close cooperation with the Buenos

released during 2007.

Aires-based Centre for Legal and Social Studies (CELS). The project provided information to community members on their rights under international and Argentine law,

Promoting stronger International Standards on the Right to Water

on the regulatory framework for water services and on the mechanisms by which they

COHRE has advocated clear acceptance of the right to water by States in a resolution

could influence decision-making and hold the State to account for service provision.

of the Commission on Human Rights. It participated in successive sessions of the

The project team has assisted the community members in preparing petitions and

Commission of Human Rights and in 2005, together with the Governments of

requesting access to information, and accompanied them to meetings with public

Germany and Mexico, hosted a parallel event to increase awareness of the right

officials. The project has improved the capacity of the communities to secure their

to water. COHRE also engaged in dialogue with the Governments of Canada and

rights. Immediate access to water has not been secured, but there have been concrete

the UK and provided extensive legal and policy advice to national NGOs in these

improvements: the Conet community was formally recognized by the State and given

countries advocating the right to water.

priority for the extension of piped water access, and in La Cava, a tender was issued for the construction of low-cost housing (including water services), in spite of opposition

To support progress towards practical implementation of the right to water, COHRE provided legal and policy advice to the member of the UN Sub-Commission on the Promotion and Protection of Human Rights responsible for drinking water and sanitation.

18

THE RIGHT TO WATER

from the local mayor.

Indicators for monitoring the Right to Water Human rights indicators hold the promise of making advocacy and implementation of the right to water more focused and concrete. They assist in: monitoring the

In 2005, COHRE with local partners in Kenya, developed strong links with a range of community

actions of States and other actors, providing clarity on what States should (and

associations in informal settlements in Nairobi and Kisumu and began the initial stages of

should not) do in regard to water governance, identifying gaps in implementation

consultation and training to empower communities to secure the right to water. As COHRE

and helping to prioritise the use of scarce resources.

can only work in a small number of communities, the results and lessons of the community projects are being documented and disseminated in order to assist other advocates to carry out

In October 2004, COHRE co-organised, together with the Heinrich Böll Foundation

successful rights-based advocacy.

and Bread for the World, a workshop that brought together the leading UN agencies responsible for monitoring access to water, government officials from South Africa

Monitoring and promoting national implementation of the Right to Water

and Germany, a representative of the UN Committee on Economic, Social and

COHRE has been at the forefront in taking initial steps to monitor implementation of the right to

Cultural Rights, and advocates from developed and developing countries. COHRE

water. COHRE was contracted to re-design the World Health Organization’s Water Standards

prepared a subsequent study, Monitoring the Right to Water: A Framework for

Database (a public document on the internet), in order to ensure that the database questions

Developing Indicators to examine potential indicators to measure implementation

reflect the substantive aspects of the right to water. It is working to develop international indicators

of right to water. The study sets out a methodology for developing indicators and a

on the right to water (see text box).

set of draft indicators. The study was published and an electronic version released on the Internet. The draft indicators are currently being used by European NGOs

In 2005, COHRE commenced work to review the laws and policies in its focus countries,

monitoring the right to water. Further work is planned over the next two years with

linked to its community empowerment projects. In Argentina, it prepared an assessment of the

the American Association for the Advancement of Science (AAAS) to develop a

institutional framework for provision of water and sanitation in the Buenos Aires Province, and the

final and coherent set of indicators for the right to water which would be used by

concession arrangements with water providers. In Kenya, it is assessing the ongoing water-sector

States, civil society and international human rights monitoring bodies.

reforms, and their impact, with particular focus on their compatibility with the right to water. These assessments will form the basis for multi-stakeholder discussions and collaborative processes intended to lead to reforms in water laws and policies in these countries.

COHRE has also made submissions to the UN Committee on Economic, Social and Cultural Rights regarding violations of the right to water in a number of countries, and sent formal letters of protest to the Government of India concerning a number of rural communities being deprived of access to water.

19

FOR THE FIRST TIME, STATES ARE COMING TOGETHER AT THE INTERNATIONAL LEVEL TO DISCUSS THE POSSIBILITY OF ESTABLISHING AN INDIVIDUAL COMPLAINT MECHANISM FOR ESC RIGHTS . COHRE HAS PRIORITISED THIS ISSUE IN ITS INTERNATIONAL ADVOCACY WORK BECAUSE OF THE IMPLICATIONS SUCH AN INSTRUMENT WOULD HAVE FOR GREATER ACCESS TO JUSTICE FOR VICTIMS OF ESC RIGHTS VIOLATIONS, IN STRENGTHENING MONITORING OF DOMESTIC IMPLEMENTATION AND TO ALLOW FOR PARITY BETWEEN ESC RIGHTS AND IMPLEMENTATION MECHANISMS UNDER THE COVENANT ON CIVIL AND POLITICAL RIGHTS.

20

United Nations and other advocacy work

The housing impacts of international events such as the Olympic Games

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

UN Principles on Housing and Property Restitution for refugees and internally displaced persons

COHRE, in partnership with the Graduate Institute of International Studies,

For the ďŹ rst time, States are coming together at the international level to

COHRE has been working in close cooperation with the UN Sub-

the Geneva School of Architecture, UN-Habitat, the Special Adviser of the

discuss the possibility of establishing an individual complaint mechanism for

Commission’s Special Rapporteur on Housing and Property Restitution,

UN Secretary General on Sport for Development and Peace, the University

ESC rights. COHRE has prioritised this issue in its international advocacy

Mr. Paulo Sergio Pinheiro for the last four years on the development of the

of Toronto, the New York University Law School and the University of

work because of the implications such an instrument would have for

UN Principles on Housing and Property Restitution for Refugees and

Wisconsin, is carrying out an international research project focusing on the

greater access to justice for victims of ESC rights violations, in strengthening

Displaced Persons. The Principles were adopted by consensus by the

housing impacts of hosting the Olympic Games. The project is funded by the

monitoring of domestic implementation and to allow for parity between ESC

Sub-Commission on 11 August 2005, during its 57th session. The Principles

Geneva International Academic Network (GIAN/RUIG). National researchers

rights and implementation mechanisms under the Covenant on Civil and

aim to develop a set of international standards providing a universal approach

are also undertaking research in Athens, Atlanta, Barcelona, Beijing, Seoul

Political Rights. COHRE is working for the adoption of such an instrument,

to housing, land and property restitution policy at both the national and

and Sydney; cities that have hosted or will host the Games. The researchers

in partnership with other NGOs, and is playing a prominent role in this

international levels, by drawing upon existing international human rights

hope to examine how the hosting of the Games impacted the housing

process. COHRE is a member of the Steering Committee of the NGO

and humanitarian law. The Principles incorporate some of the most useful

situation in the host city and also to identify best practices in this regard.

Coalition for the adoption of an Optional Protocol to the International Covenant

provisions from various pre-existing national restitution policies and programs,

Through this research COHRE hopes to propose concrete and collaborative

on Economic, Social and Cultural Rights (OP-ICESCR). Within the framework

including those developed for Bosnia and Herzegovina, Cambodia, Cyprus,

mechanisms, within the International Committee and the United Nations, that

of the coalition, COHRE has initiated a whole range of awareness raising

Guatemala, Kosovo, South Africa and Rwanda.

could prevent the practice of forced evictions in the lead up to international

and advocacy initiatives with local partners in 2004 and 2005, as well as

events such as future Olympic Games.

at the international level with governments, United Nations mechanisms and other international NGOs. The discussions at the last working group were more positive than those that had occurred in the past and more governments and regional groups have expressed their support for such an instrument. However, the next working group and Commission sessions (in 2006) are crucial and strong lobbying and advocacy by NGOs is needed at the national level to ensure that Governments support the drafting of the OP to ICESCR. If the working group and the Commission do not authorise the drafting of an OP to ICESCR, this window of opportunity and the momentum built up through the efforts of many NGOs across the last few years, could be lost.

UNITED NATIONS AND OTHER ADVOCACY

21

Submissions to UN Human Rights bodies COHRE continues to submit information on housing rights and forced evictions to various UN Human Rights

to enforce laws and regulations prohibiting forced evictions and ensure that persons evicted from their homes

Bodies to use this advocacy process to highlight and support the efforts of local NGOs and communities to

be provided with adequate compensation or offered alternative accommodation, in accordance with the

address these issues. COHRE also increasingly facilitates and supports the participation of local NGOs at

guidelines adopted by the Committee in its General Comment No.7 on forced evictions.

UN Human Rights Bodies. In 2005, COHRE sponsored organisations from Zambia, Nigeria and Kenya to participate in the review of their country’s reports by the Committee on Economic, Cultural and Social Rights,

The Committee also recommends that, prior to implementing development projects, China should undertake

Committee on the Elimination of Racial Discrimination and Human Rights Committee respectively. COHRE

open, effective and meaningful consultations with affected residents.

has itself also made submissions on Kenya, Ireland, Australia, Zambia and Brazil so far in 2005.

Brazil Kenya

COHRE presented preliminary information on forced evictions and violence linked to land and housing rights

COHRE worked with a coalition of Kenyan NGOs on cases of evictions in Nairobi and also in certain rural areas,

violations in Brazil to the Human Rights Committee in July 2005. In the list of issues sent to the Government

particularly forest reserves of Kenya, to prevent evictions and promote alternatives, leading to the presentation

of Brazil, in preparation for its review in October 2005, the Committee included specific questions on forced

of a detailed submission to the UN Human Rights Committee in New York in February 2005. As a result of

evictions of indigenous populations and on violent deaths of rural workers. COHRE will submit a more detailed

these and other efforts the threatened eviction of hundreds of thousands of Nairobi shack dwellers remains

parallel report on Brazil to the Committee and will try and facilitate participation of Quilombos community

on hold. COHRE submitted a parallel report to the Human Rights Committee and facilitated the participation of

representatives at the October session.

Hakijamii, a partner organisation at the session. The report and joint lobbying by COHRE and Hakijamii were effective in getting the Committee to examine the practice of forced evictions in Kenya. Indeed, it resulted in the

Nigeria

first ever Concluding Observation by the Committee that forced evictions may amount to a violation of Article

COHRE facilitated and supported the participation of a representative from the Movement for the Survival

17 of the International Covenant on Civil and Political Rights, which protects people from arbitrary or unlawful

of Ogoni People (MOSOP) at the Committee on the Elimination of Racial Discrimination. MOSOP raised

interference with the home.

important issues about discrimination that exists in Nigeria on land and housing issues, including forced evictions. MOSOP also highlighted the existence of discrimination in other areas, such as education.

China

22

COHRE, jointly with the Habitat International Coalition-Housing and Land Rights Network, submitted a parallel

Greece

report on China to the Committee on Economic, Social and Cultural Rights. The report highlighted the evictions

COHRE drafted a protest letter concerning Roma communities living in different parts of Patras, which have

of Tibetans and the demolition of historic homes, structures and Tibetan culture in Lhasa, forced evictions and

repeatedly been subjected to forced evictions and demolitions of their homes or threatened with evictions

housing demolitions in China, including those occurring as a result of preparations for the 2008 Beijing Olympics

since August 2001. Seven organisations signed the letter, which was circulated in June 2005 to Greek

and as a result of development projects such as the Three Gorges Dam, and homelessness. The report also

authorities, as well as regional and international human rights monitoring bodies. COHRE was subsequently

highlighted the violent repression of peaceful public protests against forced evictions and the targeting and

informed by the OHCHR that the communication on these forced evictions would be taken up under the

harassment of housing rights defenders. The Committee recommended that China take immediate measures

confidential 1503 procedure of the Commission on Human Rights. COHRE joined a protest letter issued by

UNITED NATIONS AND OTHER ADVOCACY

Forced Evictions condemned by the Human Rights Committee

Greek Helsinki Monitor along with seven other human rights organisations about the planned forced evictions

For the first time in history, on the basis of a COHRE submission, the HRC examined, in its February

of 70 Albanian Roma families, with legal resident permits, in the area of Votanikos, where the City of Athens has

2005 session, the practice of forced evictions in Kenya. In its concluding observations, the HRC

announced the construction of a football stadium as part of Greece’s official bid for the 2012 European Football

recognised that forced evictions may amount to a violation of Article 17 of the International Covenant on

Championship. COHRE also issued a press statement on these evictions, highlighting the situation and calling

Civil and Political Rights, which protects people from arbitrary or unlawful interference with the home. In

on Greece to immediately halt the planned evictions and meet with the affected Roma communities to develop

this respect, the HRC recommended that Kenya “should develop transparent policies and procedures

relocation plans in consultation with them and with their consent.

for dealing with evictions and ensure that evictions from settlements do not occur unless those affected have been consulted and appropriate resettlement arrangements have been made”.

Czech Republic COHRE supported a joint protest letter by the European Roma Rights Centre (ERRC) highlighting developments

The HRC ruling has been of crucial importance for COHRE’s NGO partners working in Kenya against

in the town of Bohumin, where a large number of Roma and others are threatened with forced eviction from

forced evictions. As a result of this and other efforts, the threatened eviction of hundreds of thousands

their housing, or have already been pressured into moving into racially segregated or otherwise substandard

of Nairobi shack dwellers remains on hold. On a broader level, such a ruling opens new avenues for

housing arrangements.

NGOs and activists fighting against forced evictions. It also recognises that this practice violates a wide range of rights, including civil and political rights.

Romania COHRE’s UN Liaison Coordinator participated as a resource person in a training working on housing rights for Roma activists in Romania in July 2005. The training workshop was organised by Romani CRISS and ERRC. In 2004, COHRE, ERRC and the Milan Šime�ka Foundation had developed a training manual on Defending Roma Housing Rights in Slovakia, using COHRE’s general training manual as a model. The Slovakian manual was adapted for Romania and translated into Romanian in 2005 by Romani CRISS and ERRC.

Zambia COHRE facilitated the participation of two women’s organisations, Justice for Widows and Orphans Project and Women and Law in Southern Africa Trust, from Zambia at the Committee on Economic, Social and Cultural Rights session in April 2005. The organisations highlighted the situation of women’s housing and inheritance rights in Zambia as well as the threat of evictions on the settlement in the Zambia copper belt.

23

Focus on Africa

In the last three years, COHRE’s work in Africa has focused on Ghana, the Gambia, Kenya, Nigeria, Senegal, Sierra Leone, South Africa and Zimbabwe.

Africa is the fastest urbanising region in the world. Slum-dwellers account for an

Fact-finding missions

estimated 72 percent of sub-Saharan Africa’s urban population. Extreme poverty

In response to threatened forced evictions, COHRE carried out fact-finding missions in Ghana, Kenya and South Africa.

caused by corruption, natural disasters and conflict has severely impacted on the lives of Africa’s urban poor. Regional leaders have proven unable to translate their ratification

COHRE’s Kenya mission investigated large-scale demolitions and eviction threats and the availability of alternatives to eviction. After

of international and regional human rights treaties into effective policies addressing

consultations with communities in many informal settlements, governments and other stakeholders, a report, Listening to the Poor:

violations of economic, social and cultural rights.

Housing Rights in Nairobi, Kenya, concluded that the demolitions violated the Convention Against Torture and that planned evictions were inconsistent with international and domestic law. After a series of consultations with stakeholders, the report was publicly

In spite of these challenges, African countries have made some progress in

released in March 2005. Kenya’s National Commission on Human Rights and residents from informal settlements spoke at the

acknowledging ESC rights, including the right to adequate housing and protection from

report’s launch. COHRE is now engaged in an intensive follow-up exercise.

forced evictions. During the 2nd African Union (AU) Summit, member States included urbanisation and related problems in their policy framework. In February 2005, the first

Working with governments

ever African Ministerial Conference on Housing and Urban Development was held in

COHRE has gained the confidence of some of the African governments with which it has been working. This is evident in the many

South Africa. The AU’s decision to send an envoy to investigate the 2005 evictions in

joint events held by COHRE in collaboration with departments, national human rights institutions and the judiciary. In Ghana, COHRE

Zimbabwe was a tentatively positive sign.

was one of the leading agencies working with the Ministry of Works and Housing to draft a housing policy for Ghana. This policy was presented to the Parliament of Ghana in September 2005.

Despite these developments, a lack of resources and political will continues to hamper realisation of the right to housing and violations continue. Throughout Africa, millions of

Two of COHRE’s training sessions – in Ghana and the Gambia - were co-hosted with local authorities and the judiciary. National and

people are forcibly evicted every year, protection from abusive tenancy practices is rare,

local government officials as well as judges and parliamentarians have also attended COHRE’s training workshops in Kenya.

vulnerable groups are exploited and severe housing shortages continue. The forced

24

eviction of over 700,000 urban residents in Zimbabwe is just one graphic example.

COHRE’s good working relationships with governments reflect its ability to highlight problems while at the same time proposing

While the Zimbabwean Government rightly attracted international condemnation, many

realistic solutions. In a continent where NGOs are often regarded as antagonists of governments, these relationships are significant.

countries, including Kenya, Botswana, Nigeria and Ethiopia, continue to carry out large-

At the same time, relationships with some governments remain difficult, particularly where criticism has been made on forced

scale evictions with little international concern.

evictions or other housing rights violations.

FOCUS ON AFRICA

Monitoring housing rights violations with partners

Training

COHRE continues to work and strengthen relationships with its local and national partners. Cooperation has ranged from capacity building

From 2003-2005, COHRE trained over 200 people in Africa on the right to

and training to active partnership on advocacy projects. Local knowledge and organisational strength of individual partners, coupled

adequate housing, the prohibition on forced evictions, women and inheritance

with COHRE’s expertise, have made an impact on monitoring evictions and promoting and protecting the right to adequate housing in Africa.

rights and the right to water. Training sessions usually combined international and regional human rights law and case studies with discussions on strategies to

In Senegal, Sierra Leone, the Gambia, South Africa, Kenya, Ghana and Nigeria, COHRE has built a large and active network of

combat housing violations at the local and national level.

partners from local community groups, local and national NGOs and academic institutions. In addition to work carried out in these countries, COHRE developed many strong contacts in countries where it intervened in strategic cases of forced evictions.

Regional and international interventions COHRE worked closely with UN-Habitat on the production of the first report of the

COHRE provided much-needed support for partners on the ground battling forced evictions and other housing rights violations

Advisory Group on Forced Evictions. In March 2005, COHRE presented a report

through protest letters, media releases, training workshops, legal and strategic advice, litigation and fact-finding missions. In the case

to the UN Human Rights Committee entitled ‘Civil and Political Rights in Kenyan

of Zimbabwe, COHRE worked with Amnesty International and Zimbabwe Lawyers for Human Rights to form a coalition of over 250

Informal Settlements’. COHRE sponsored Opiata Odindo from Hakijamii Trust to

international and African NGOs which signed a petition on the 2005 evictions.

attend the Committee session to represent the views of Kenyan NGOs working on housing rights. COHRE also submitted a petition on Sudan to the African

COHRE also focused on women’s inheritance rights. COHRE partners used a concise version of COHRE’s women’s inheritance

Commission on Human and Peoples’ Rights. The petition alleged that violations

rights report as an advocacy and lobbying tool. COHRE continued to use information gathered at the international level to influence

were carried out by the Sudanese Government in the Darfur region in the form of

the UN and regional bodies, increasing the pressure on African States to make their inheritance laws compatible with international

mass forced evictions accompanied by human rights abuses.

laws protecting the rights of women.

At the regional level, COHRE developed a working relationship with the African Commission on Human and Peoples Rights (ACHPR), after acquiring Observer Status in 2003. COHRE’s report on women’s inheritance rights in ten sub-Saharan countries formed the basis for discussions and collaboration with the ACHPR’s Special Rapporteur on Women’s Rights, Dr. Angela Melo. COHRE also held discussions with the Social Affairs Department of the African Union on outcomes of the first African Ministerial Conference on Housing and Urban Development.

FOCUS ON AFRICA

25

Focus on the Americas COHRE has been particularly active throughout the Americas, with more than one quarter of COHRE’s staff working in the region. Because political support for housing rights is – with the notable exception of the United States – comparatively so strong throughout the region, and the practice of forced evictions is also so limited in scale in comparison to other regions, COHRE’s work throughout South America, Central America, the Caribbean and North America focuses particularly on the most vulnerable and disadvantaged communities. During 2003-2005 COHRE was particularly active in Colombia, Nicaragua, Guatemala, US, Brazil and Argentina: Colombia

in Nicaragua. For this purpose, a joint team undertook a fact-finding

US

The 40-year ongoing conflict between the Colombian armed forces,

mission, interviewing housing rights advocates, community leaders,

In 2003, COHRE and the National Law Center on Homelessness &

left-wing guerrilla groups and right-wing paramilitary organisations has

community-based organisations (CBOs) and NGOs working on housing

Poverty (NLCHP) held a workshop on the Right to Adequate Housing

generated what has been referred to as “the largest humanitarian crisis

issues, current and former Government officials, politicians, political

and its potential application in the United States, resulting in the creation

in the Western Hemisphere.” Between two and three million Colombians

analysts and indigenous leaders. In 2004, COHRE released the final

of a network of advocates around the country utilising a human rights

have become displaced as a result of the war, most of them losing their

report of this mission, entitled Housing Rights in Nicaragua: Historical

framework in their work to protect people from homelessness, inadequate

homes and lands in the process. In 2003 COHRE conducted an intensive

Complexities and Current Challenges.

housing conditions, forced evictions and housing discrimination. Building

fact-finding mission to Colombia and in 2004 COHRE participated in

26

on these successes, in 2005 COHRE and the NLCHP initiated a two-

a two-day national conference in Bogotá on restitution of housing and

Guatemala

year project to provide training to increase the capacity of state, local and

property to Colombia’s internally displaced people (IDPs). In 2005,

Since 2003, COHRE has been working as part of a broader Chixoy Dam

allied national groups to advocate successfully for housing by adding

COHRE released a report highlighting the housing rights dimensions

Reparations Campaign. In 2004, COHRE released a report Continuing the

human rights tools to existing strategies.

of the ongoing crisis in Colombia. The report analyses the housing

Struggle for Justice and Accountability in Guatemala: Making Reparations a

situation of Colombia’s IDPs in terms of their rights to adequate housing,

Reality in the Chixoy Dam Case. This report, prepared in collaboration with

Brazil

to be protected from forced eviction, and to restitution of housing and

Rights Action, addresses the issue of reparations for the forced eviction and

Since 2002 COHRE has carried out an extensive training programme on

property, and has been used as an advocacy tool by COHRE in its

displacement of Maya-Achi communities in Guatemala, in the context of the

Economic, Social and Cultural Rights targeting low-income communities

follow-through activities on Colombia. The report was subsequently

construction of the Chixoy Dam. Between 1980 and 1982, an estimated

and NGOs, in partnership with the Legal Assistance Service from the

translated into Spanish and distributed widely in Colombia. Colombia

440 people in the Río Negro community were brutally murdered in a series

Federal University of Rio Grande do Sul. The group has produced

was designated a COHRE priority country in 2005.

of massacres, the principal means used to forcibly evict the community in

innovative training tools such as the games “Access to Justice” and

order to make way for the Chixoy Dam Reservoir. Prior to the massacres, a

“The Housing Rights Board Game”. From 2003 to 2005 more than 200

Nicaragua

large number of residents had peacefully resisted displacement from their

community leaders benefited from this training programme.

COHRE joined forces with the Wisconsin Co-ordinating Council

village. COHRE has carried out various activities, including meetings with

on Nicaragua (WCCN) and the Nicaraguan Human Rights Center

representatives of the World Bank and the Inter-American Development

In collaboration with the National Rapporteur on the Right to Adequate

(CENIDH), based in Managua, to produce a report on housing rights

Bank, to seek justice in this case.

Housing, COHRE undertook fact-finding missions within Brazil to identify

FOCUS ON THE AMERICAS

The Right to the City The new millennium dawned with half of the world’s

housing rights violations and propose solutions for land conflicts and human

urban land and adequate housing. It was concluded that Argentina does not

population living in cities. The Americas is the most highly

rights abuses affecting low-income populations living in informal areas and

have laws or legal instruments to compel private proprietors to realise the social

urbanised region of the world, with 75 percent of its population

vulnerable groups such as African-descent communities (Quilombos) and

function of their property, even on land which is vacant or partially utilised.

living in cities. Cities are potentially territories with vast economic,

indigenous peoples.

environmental, political and cultural wealth and diversity.

International advocacy

However, the urban development models implemented in the

Since 2003 COHRE has been working with the Quilombo communities and

As a member of the UN-Habitat Advisory Group on Forced Evictions since

majority of impoverished countries are characterised by the

launched a joint National Campaign entitled ‘A Matter of Social Justice: Land

2004, COHRE has been monitoring acts of forced eviction in the Americas

tendency to concentrate income, power and land property.

Ownership Regularization of Quilombo Territories’. As part of this campaign,

region. It has also provided advisory services to governmental bodies and

These processes favour proliferation of vast urban areas marked

COHRE carried out training sessions, fact-finding missions, advocacy before

NGOs, alerted the international community on potential and current forced

by poverty, precarious conditions and vulnerability to natural

UN monitoring bodies and litigation. Further information about Quilombo

evictions and its effects, facilitated the provision of legal assistance to the

disasters. The majority of the urban population is deprived or

communities can be found at www.cohre.org/quilombos.

victims, and documented selected cases.

limited in the satisfaction of their most elemental needs and rights. Public urban policies and legislation implemented by

COHRE is a coordinating member of the National Forum of Urban Reform,

Since 2003 COHRE has presented a range of shadow country reports to

national and local governments have contributed to deepen

which has been playing a role in drafting housing public polices and legislation,

relevant UN monitoring bodies. COHRE has also been leading an international

territorial segregation and social exclusion as they do not tackle

participatory master plans, policies to prevent forced evictions and the

initiative to raise awareness and develop the concept of the right to the city,

democratisation of access to land, housing, public services

implementation of the City Statute and human rights instruments. As a result

by drafting a World Charter on the Right to the City. The Charter is intended to

and urban management.

of these efforts, the national law creating a Social Housing National Fund was

contribute to the success of urban struggle and to the process of recognition

approved after a 12 year delay in the National Chamber of Congressmen.

of human rights in the international human rights system. The Right to the City

In order to produce changes in current urban development

is defined as the equitable enjoyment of the city by all its inhabitants while

trends, social movements have been struggling to build a

Argentina

respecting the need for sustainability and social justice, so that the primary

sustainable model of society and urban life, based on the

In 2004 COHRE carried out an extensive fact-finding mission in Argentina on

object of achieving an adequate standard of living for all is attained.

principles of solidarity, freedom, equity, dignity, and social justice.

urban land and housing in the Metropolitan area of Buenos Aires and the right

Since the first World Social Forum, these social movements

to land of the indigenous communities of the provinces of Salta and Jujuy.

International research

have worked to implement the Right to the City by the adoption

During the mission it was found that the Argentinean housing deficit had

In 2004-05 COHRE worked with UN-Habitat to coordinate extensive

of a World Charter for the Right to the City. The Right to the

reached alarming levels. The number of poor families being evicted is alarming

research on land and law reform in Latin America. The focus of the research

City broadens the traditional focus on improvement of people’s

and the State is not assuming the obligation to facilitate access to adequate

was to give an updated overview of legislation and policies, both national

quality of life based on housing and the neighbourhood, to

alternative accommodation.

and local, regarding land, housing, inheritance and marital property. In

encompass quality of life at the scale of the city and its rural

addition, the research sought to identify innovative tenure types that work

surroundings, as a mechanism to protect the population living

In 2005, as a follow-up activity, COHRE carried out a workshop in the province

best for the urban poor, particularly women, and examine land management

in cities or regions with rapid urbanisation processes. The

of Jujuy, targeting indigenous leaders. COHRE and a range of local partners

structures. The research findings and recommendations will form the basis

Right to the City is defined as the equitable usufruct of cities

also carried out an international seminar in Buenos Aires to discuss public

for further action under the UN Global Campaign for Secure Tenure and for

within the principles of sustainability, democracy, equity, and

policies and national legislation applying to the promotion and protection of

the provision of technical advice.

social justice. It is a collective right that is interdependent with all internationally recognised human rights.

27

Focus on Asia-Pacific COHRE has long been active throughout Australia the Asia and Pacific regions opposing Through the efforts of COHRE and partner groups in Australia, awareness of housing rights has greatly increased. COHRE planned forced evictions, working with initiated a variety of training workshops on the right to housing community-based organisations to promote and has sought to raise the profile of economic and social rights housing rights in the massive urban slums more generally, through a series of joint projects with other NGOs that dominate many cities in the region and community-based groups. and drawing attention to the housing rights Bangladesh challenges facing countries in the region Pressure on the Government to develop vacant ‘khas’ land (land which are engaged in conflict or which have for special purposes) has led to increased forced evictions in been affected by natural disasters. COHRE Bangladesh. More than 200,000 people have faced forced eviction since 2000. COHRE has discussed the prospects of carried out major activities in eleven countries assisting local groups in developing campaigns against forced in the Asia-Pacific region in 2003-2005, and evictions and has supported their eviction monitoring and supported campaigns in a range of other community organising work. countries when requested.

Burma

Cambodia Land and housing issues continue to be a problem in Cambodia, with poor people often forcibly evicted. With the support of UN-Habitat and in collaboration with the Municipality of Phnom Penh, COHRE organised a training workshop on housing rights for local government officials in July 2005. This was followed by a two-day workshop on Master Plans and the Urban Poor which drew attention to the human rights ramifications of master planning processes.

East Timor Legal security of tenure remains a key issue for East Timor, where customary, colonial Portuguese, Indonesian and post-independence property titles vie for priority. To strengthen the work of local NGOs with grassroots communities, in 2003 COHRE organised a Housing Rights Conference in partnership with the local group KSI. Community leaders from districts affected by land, housing and eviction issues attended alongside Government officials and local groups.

India Resistance against forced evictions is spearheaded by India’s National Forum on

Forced relocation, displacement and military confiscation of land

Housing Rights. COHRE supported the publication of the Forum’s Eviction Watch

continue unabated in both ceasefire and conflict areas in Burma.

Report, which documented forced evictions and examined national laws in the context

Despite the difficult political situation, COHRE developed a project

of international human rights. In September 2003, COHRE responded to the brutal

to investigate land ownership, abandonment, confiscation and

eviction of 1400 families from Tolly Nala in Kolkata and attended the National Workshop

losses of land of Burmese ethnic groups in collaboration with

on Housing Rights there in November 2003.

local NGOs. The project has conducted a significant survey of internally displaced Karens and Mons in Thailand, and will result

In late 2004, over 200,000 people were forcibly evicted in Mumbai. COHRE visited

in the first of its kind book on these vital issues.

Mumbai in January 2005 and was on the panel of the Indian People’s Tribunal on Environmental and Human Rights which investigated the evictions. Through the efforts of local organisations and their campaigns against forced evictions, which COHRE supported, the evictions were stopped. Millions of urban poor continue to live in precarious and uncertain circumstances in Mumbai.

28

FOCUS ON ASIA-PACIFIC

Indonesia

Philippines

COHRE monitored the housing rights situation in Aceh, where – prior to the eventual

Forced evictions and housing rights advocacy remain major concerns for NGOs in

peace agreement - an Indonesia military offensive displaced over 100,000 civilians,

the Philippines. COHRE supported the Grassroots Women’s Empowerment Centre

many of them forcibly relocated. COHRE is also monitoring the housing rights situation

(GWEC) in its efforts to develop alternative, rights-based solutions to evictions. GWEC

in West Papua where villages were reportedly burnt down and over 1,000 people

and other NGOs successfully lobbied for an Inter-Agency Committee of government

displaced by a military operation in the Highland Regions in 2004. COHRE encouraged

agencies to consider resettlement for thousands of families living along the Caloocan

the development of links and collaboration among NGOs and academic institutions for

railway facing impending eviction. A COHRE fact-finding mission in July 2003 received

more effective promotion of housing rights in Indonesia.

extensive media coverage in the Philippines. The mission concluded that the Metro Manila Development Authority had breached both domestic and international law.

Malaysia COHRE invited members of the judiciary and human rights lawyers in Malaysia to

Sri Lanka

a regional workshop on the justiciability of economic, social and cultural (ESC) rights

The Institute for Social Development (ISD) conducted training programmes and held

in the Philippines. Great interest was shown in amicus curiae briefs on ESC rights

forums on housing rights in their work with plantation workers, trade union leaders and

litigation in domestic courts.

political activists. ISD has translated COHRE material into the local language and plans to monitor evictions. ISD’s awareness raising campaign has resulted in negotiations

Pakistan

with government to build adequate houses for plantation workers with full housing

Thousands of families have been evicted to make way for Karachi’s Lyari Expressway and

rights. To address these and other displacement issues, COHRE established

other infrastructure development projects. Many more live under the constant threat of

an office in Colombo.

eviction. COHRE supported the campaign against urban forced evictions and inappropriate development projects coordinated by the Urban Resource Centre. Significant international

Tsunami

support persuaded the Government of Pakistan to suspend the evictions.

On 26 December 2004, a devastating tsunami hit Aceh, Indonesia, Thailand, Burma, India, Sri Lanka, the Maldives and Somalia. COHRE has been working with several

In March 2004, COHRE and three Indonesian activists attended a people’s tribunal

groups investigating the situation and sharing information. COHRE was involved in

organised by the People’s Rights Movement. An irrigation project supported by the

organising a People-Centered Recovery and Reconstruction Process and facilitated

Asian Development Bank caused flooding, destroyed the livelihood of thousands and

the Tsunami-Affected Community-to-Community Exchange in March 2005.

rendered many homeless.

FOCUS ON ASIA PACIFIC

29

Focus on Europe COHRE’s trans-European advocacy and research is helping to

eviction and that anti-discrimination laws be enacted. In France, the

COHRE also organised a session for NGOs to present their concerns to

catalyse a growing regional housing rights movement. With a focus

denial of water, sanitation and electricity to Roma families in 25 French

the Committee. An alternative report on violations of the right to respect

on marginalised groups such as Roma, Travellers, the homeless and

towns was condemned in a protest letter sent to local authorities. In

for the home of Roma in Greece was presented to both the Human

refugees and internally displaced people (IDPs), COHRE has carried

Greece, COHRE has repeatedly intervened in cases of forced evictions

Rights Committee and Committee on Economic, Social and Cultural

out fact-finding missions, worked to halt forced evictions, initiated

of Roma in Patras, Votanikos, Marousi and Crete and called for reform of

Rights (CESCR). CESCR made extensive recommendations which

litigation, trained stakeholders and developed new partnerships.

Greek laws on evictions and more effective implementation of housing

urged Greece to abide by international human rights law with respect to

Projects have been carried out in Western, Central, Eastern and South-

programs targeting Roma. A law permitting summary eviction of Roma

evictions, provide adequate compensation for the loss of any property,

eastern Europe, Central Asia and Russia, as well as with transnational

has since been amended. COHRE has called on the Government of

provide adequate alternative housing and provide detailed information

institutions such as the Council of Europe, the EU and UN. Successes

Ireland to repeal discriminatory trespass legislation and provide adequate

in the next report about the number of Roma evicted from their homes,

have been achieved with reforms of national and regional laws and

Traveller-specific accommodation. In 2004, the Russian Federation

especially in the context of the 2004 Olympic Games.

increased awareness among marginalised groups and decision-makers

received one of COHRE’s Housing Rights Violator Awards. While Russia

about housing rights.

has been a long-term supporter of the human right to adequate housing

Legal advice and litigation

and has specific housing rights provisions embedded in its Constitution,

COHRE regularly provides legal advice to locally based individuals and

Advocacy

its treatment of those displaced by the conflict in Chechnya, along with

organisations in Europe, and participated in the first housing rights case

Fact-finding missions have been undertaken in a number of European

the ongoing demolition of houses there, constitute serious violations

before the European Committee on Social Rights, helping to represent

countries. In Ireland, investigations focused on forced evictions of

of the right to housing. The Award highlighted the lack of action on

the ERRC in their case against Greece. In its decision, the Committee

Travellers (an ethnic minority) carried out using trespass and other laws,

homelessness, discrimination against minority groups and forced

ruled Greece had violated the rights of Roma by failing to provide sufficient

and the resultant failure of the Government to provide traveller-specific

evictions of many Roma communities. Follow-up projects on housing

accommodation and ensuring its laws did not permit forced evictions.

accommodation in accordance with national legislation. The mission

rights in Russia are now being planned. In Slovakia, COHRE and others

After the initiation of the complaint, Greece reformed one particularly

resulted in a series of advocacy actions. In the United Kingdom, COHRE

called on the Government to reform Slovakia’s housing legislation.

obnoxious law that specifically targeted Roma for eviction. COHRE also

investigated and reported on cases of forced evictions of Gypsies and

In Turkey, COHRE condemned the demolition of 35 homes in Istanbul

filed a collective complaint against Ireland before the Committee alleging

Travellers. The draft report was presented and discussed at a national

and called for compensation. In the United Kingdom, COHRE intervened

that violations of Traveller’s right to housing. The case should be heard

conference on Gypsies and Travellers in early 2005.

in a series of evictions of Gypsies/Travellers.

in 2006. COHRE is planning future litigation with respect to Russia,

COHRE has raised housing rights violations with European governments

COHRE has made regular use of international and regional mechanisMs

by issuing protest letters and media advisories, submitting petitions to

An alternative report on Roma and housing rights in Bulgaria, Turkey, Italy,

Standard-setting

the Council of Europe, United Nations and European Union (EU), and

Greece, Romania and Hungary was submitted by COHRE in conjunction

COHRE also contributed to standard-setting and research work of

undertaking follow-up advocacy and research. In the last three years, this

with the European Roma Rights Centre to the European Committee

the Council of Europe, the EU, and the Organisation for Security and

has included advocacy in the following cases. In the Czech Republic,

on Social Rights. A report was submitted to the UN Committee on

Cooperation in Europe (OSCE). COHRE has participated in expert

COHRE and the European Roma Rights Centre urged that alternative

the Elimination of Racial Discrimination alleging discrimination in the

consultations on housing policy, Roma and Travellers and women’s rights.

accommodation be provided to low-income and Roma residents facing

realisation of the right to adequate housing of Travellers in Ireland.

One series of consultations led to the adoption of two groundbreaking

Bulgaria, Greece and Slovakia.

30

FOCUS ON EUROPE

The ERRC v Greece – Legal victories on Roma Housing Rights recommendations by the Committee of Ministers of the Council of

In May 2005, the European Committee on Social Rights issued it’s first decision on

Europe. Recommendation 2004(14) on Movement and Encampment

housing rights. The Committee ruled that Greece had violated the rights of Roma

of Travellers in Europe and Recommendation 2005(4) on Improving the

by failing to respect their right to adequate housing, which was protected under

Housing Conditions of Roma and Travellers in Europe set out human

the right to family life in the European Social Charter. They found that insufficient

rights-based approaches to overcoming forced evictions, segregation

accommodation has been made available for Roma and that Greek legislation

and ghettoisation of Roma and Travellers in Europe. COHRE made

provided inadequate protection from forced evictions. COHRE staff were part of

significant contributions to both texts in a series of expert consultations.

the legal team representing the European Roma Rights Centre (ERRC), who had lodged the case with the Strasbourg-based Committee.

Training Staff from COHRE have organised or led housing rights training

After the initiation of the complaint, Greece reformed one particularly obnoxious

workshops in Slovakia, Uzbekistan, United Kingdom, Romania and

law that specifically targeted Roma for eviction. COHRE is now also working with

Serbia. Romani activists in Kosicˇe , Slovakia were trained on combating

the Greek Helsinki Monitor and ERRC to ensure that Greece implements the

discrimination and forced eviction. In Uzbekistan, COHRE provided

decision. However, recent evictions of Roma by local authorities indicate that there

training on housing rights to Uzbek human rights NGOs, activists,

is a long way to go until Greek national authorities are willing to make all levels of

journalists and community leaders at a training organised by the Legal

Government accountable for human rights violations against Roma.

Aid Society (LAS) and OMCT Europe. In Serbia, human rights NGOs were trained in the use of international mechanisms and the right to

In a parallel development, COHRE staff were heavily involved in consultations

property and housing.

that led to the adoption by the Ministers at the Council of Europe of specific and comprehensive recommendations on the housing rights of Roma and Travellers (Recommendations (2004)14 and (2005)4). These two standards will provide a critical basis for the development of future advocacy and litigation to protect Roma and Traveller housing rights in Europe.

For copies of standards, see www.cohre.org/europe

FOCUS ON EUROPE

31

Media and Communications COHRE’s Media and Communications Unit seeks to raise awareness of housing rights and related issues among activists, communities at risk of housing rights violations, governments and other actors and the public at large, by developing a broad range of media products, disseminating these products to the widest possible audiences and carrying out media liaison activities to ensure housing rights issues are dealt with in a substantive and informed way by as many media outlets as possible.

On the Map

Website

© 2005, COHRE; 8 mins; PAL VCD

COHRE’s website at www.cohre.org is the principal internet location

In the Indian city of Indore, over half the two million

focusing on the right to housing, providing a wide range of information

residents live in slum conditions. With no security of tenure, slum

and resources on all aspects of housing rights, forced evictions and

dwellers fall prey to land speculation and forced evictions – violations

related issues. Visitors to the site can download COHRE’s published

of their basic human rights. Now a local organisation, Deenbandhu,

reports free of charge, research an extensive array of legal resources,

is developing innovative ways to work with the urban poor to resist

and find out how to get involved in campaigns against forced

evictions and claim their rightful place in the city – ensuring slum

evictions. COHRE plans to revamp

communities are for the first time “on the map”.

its website in 2006 to ensure it is even more up-to-date and user-

Pommahakan – People of the Fort

friendly, with regular features and new

© 2004, COHRE; 12 mins; PAL, VHS or VCD

stories and a host of new housing

For more than six generations, the people of

rights resources and tools.

Pommahakan have lived a traditional lifestyle in the bustling heart of Bangkok, preserving its sacred trees and old houses. Now they face

COHRE’s Housing Rights Awards

Focusing media attention on housing rights

eviction at the hands of the city authorities, who want to turn their land

Since 2002, COHRE has announced its annual Housing Rights Awards

COHRE liaises with an extensive network of media contacts

into a park. The community has proposed a cheaper alternative, but

designed to both ‘name and shame’ those responsible for serious and

worldwide, distributing regular media releases and other information

the authorities refuse to listen.

ongoing violations of the human right to housing (three Violator Awards), and – on a more positive note – to commend governments, institutions

to assist journalists and other media professionals covering news and issues in the housing rights field. COHRE has achieved a significant

Vuka Vrcevica – A Violation of Housing Rights

and individuals for their efforts to respect, promote and fulfil housing

degree of media coverage for an NGO of its size, particularly for its

© 2003, COHRE; 6 mins; PAL, VHS or VCD

rights (the Protector Award to a government or institution, and the

The right to adequate housing is a fundamental human right

Defender Award to an individual).

annual Housing Rights Awards.

protected by international law, and applying equally to all people,

Documentary films

everywhere. But for the Roma community of Vuka Vrcevica in

Award winners may be nominated by any member of the public or

Moving images are an extraordinarily powerful way to convey the

Belgrade, grossly inadequate living conditions amount to a violation

by institutions, NGOs and community-based organisations, using

stark realities of housing rights violations such as inadequate housing,

of their human rights.

the nomination form available from COHRE. Award winners are announced in early December each year. Please visit our website at

forced evictions and displacement to the general public. COHRE has to date developed and distributed several short documentary films on

More information on COHRE’s documentary film projects can be

www.cohre.org for further information on COHRE’s Housing Rights

housing rights themes:

found on our website, and copies of completed films can be ordered

Awards. Award winners during 2003-2005 were:

from documentary@cohre.org

32

MDMEDIA AND COMMUNICATIONS

COHRE Publications 2003-2005 2003 Housing Rights Awards

2003

2005

Housing Rights Violators Indonesia Guatemala Serbia and Montenegro

Forced Evictions: Violations of Human Rights (Global Survey 9) (100pp.)

Defending the Housing Rights of Displaced Persons in Colombia (95pp.)

Housing Rights Protector Scottish Executive

Housing Rights in Brazil: Gross Inequalities and Inconsistencies (73pp.)

Housing Rights in Argentina: Challenges for Promoting the Right to Adequate Housing (114pp.)

Litigating Economic, Social and Cultural Rights: Achievements, Strategies and Challenges (184pp.)

A Place to Live: Women’s Inheritance Rights in Africa (31pp.)

Housing Rights Defender Ms Rachel Corrie (posthumous award)

2004 Housing Rights Awards Housing Rights Violators Russia Sudan United States Housing Rights Protector Municipality of Sao Paulo Housing Rights Defender Mr Rajeev John George

2005 Housing Rights Awards Housing Rights Violators China Maharashtra State, India Zimbabwe

2004

Achieving Housing for All (24pp.)

Sources 8: Legal Resources for the Right to Water: International and National Standards (136pp.)

The Pinheiro Principles (28pp.)

Continuing the Struggle for Justice and Accountability in Guatemala: Making Reparations a Reality in the Chixoy Dam Case (88 pp.)

Ruling Palestine: A History of the Legally Sanctioned Jewish-Israeli Seizure of Land and Housing in Palestine (242pp.)

Bringing Equality Home - Promoting and Protecting the Inheritance Rights of Women: A Survey of Land and Practice in Sub-Saharan Africa (227pp.)

Any Room for the Poor?

Forced Evictions in Johannesburg, South Africa (102pp.)

Housing Rights in Nicaragua: Historical Complexities and Current Challenges (108 pp.)

Listening to the Poor: Housing Rights in Nairobi, Kenya (128pp.)

Housing Rights Protector Mr Tasneem Siddiqui, Sindh Katchi Abadi Authority

Housing Rights in West Africa: Report of Four Fact-finding Missions (118pp.)

Housing Rights Defender Ms Wardah Hafidz

A Precarious Future: The Informal Settlement of Agbogbloshie, Accra, Ghana (73pp.)

COHRE PUBLICATIONS

33

COHRE Boards COHRE Board of Directors (at December 2005) Mr. John Packer, Chairperson

Prof. Sandy Liebenberg, Treasurer

Independent Human Rights Advocate

University of Stellenbosch

Canada

South Africa

Drs. Antoine Buyse, Secretary

Prof. Paulo Sergio Pinheiro

Leiden University

University of Sao Paulo

Netherlands

Brazil

COHRE Advisory Board

Prof. Virginia Dandan

Prof. Aart Hendriks

Mr. Felix Morka

(at December 2005)

University of the Philippines

Equal Treatment Commission/

Philippines

Leiden University

Social and Economic Rights Action Centre Nigeria

Netherlands Prof. Philip Alston

Prof. Cees Flinterman

New York University Law School

Netherlands Institute for Human Rights

Prof. Virginia Leary

United States

Netherlands

Universities of Buffalo and California United States

Mr. Enrique Ortiz Habitat International Coalition Mexico

Mr. Geoff Budlender

Prof. Savaitri Goonesekere

Legal Resource Centre

University of Colombo

Fr. Joe Maier

Dame Anita Roddick DBE

South Africa

Sri Lanka

Human Development Centre

Founder, The Body Shop

Thailand

United Kingdom

COHRE’s Staff Team (at December 2005)

Americas

Asia-Pacific

Women and Housing Rights

Forced Evictions

Scott Leckie Executive Director

Leticia Marques Osorio Coordinator

Fionn Skiotis Acting Coordinator

Birte Scholz Coordinator

Jean du Plessis Coordinator

Jean du Plessis Deputy Director

Emily Walsh Administrator

Ashley South Burma Researcher

Mawuse Agyemfra Women’s Housing Rights Officer

Daniel Bailey Research Officer

Nathalie Mivelaz International Secretariat Manager/ UN Coordinator

Sebastian Ernesto Tedeschi Research Officer

Celine Lim Administrative Assistant

Miriam Acquaah-Harrison Administrator

Deanna Fowler Research Coordinator

Carlos Arenas Researcher

Kees Wouters Colombo Office Manager

Sylvia Horname Noagbesenu Women’s Land Link Africa Information Officer

Litigation

Karla Moroso Project Officer

Nuwan Rupesinghe Legal Officer

Housing and Property Restitution

Cintia Beatriz Muller Women’s Housing Rights Officer

Kishali Pinto-Jayawardena Senior Legal Advisor

International Secretariat

Dinah Towle Development Officer Paula de Cardoso Accountant Jessica Marasovic Executive Assistant / Awards Officer Rob Stuart Publications Editor

Africa Jean du Plessis Acting Coordinator

Julian Bardelli Research Assistant

Jayantha de Almeida Guneratne Senior Legal Advisor

Anelise Froes da Silva Programme Assistant

Pubudini Wickramaratne Legal Officer

Sinara Sandri Journalist

Rasika Mendis Research Officer

Daniel Manrique Perez Research Consultant

34

COHRE BOARDS

Scott Leckie Coordinator Mayra Gomez Research and Policy Officer

Right to Water Ashfaq Khalfan Coordinator Carolina Fairstein Legal Officer Malcolm Langford Senior Legal Officer

Bret Thiele Coordinator Aoife Nolan Legal Officer Jeff King Legal Officer

Media and Communications Fionn Skiotis Coordinator Radhika Satkunanathan Media Officer

Financial statements Summary of COHRE Expenditure 2003 to 2005

Summary COHRE Income 1994 - 2005

Programme / Area

2003-05

2003

2004

2005

COHRE Global (includes Advocacy)

703,210

136,494

266,755

299,961

COHRE Asia/PaciďŹ c

546,058

128,323

216,276

201,459

COHRE Americas

384,060

112,477

137,700

133,883

COHRE Africa

404,541

87,855

158,885

157,801

Thematic Programmes

1,702,217

324,915

585,612

791,690

Publications/Website/Films

375,391

152,246

126,998

96,147

Overheads

461,855

111,797

177,491

172,567

Total USD

4,577,332

1,054,107

1,669,717

1,853,508

COHRE Expenditure per Programme 2003 - 2005 Overheads Publications/Website/Films Thematic Programmes

2003 -2005

COHRE Africa

2003

2004

2005

COHRE Americas COHRE Asia/Pacific COHRE Global (includes Advocacy)

FINANCIAL STATEMENTS

35

Donors and supporters

Help COHRE achieve real change

2003-2005 Donors

COHRE is unique: it is the only international human rights organisation systematically monitoring the practice

During the period 2003-2005, COHRE increased its donor base by one third. COHRE would like to thank the

of forced evictions and seeking to prevent them wherever they occur or are planned. COHRE stands alone

following generous supporters who made our activities possible during this period:

in focusing on the legal aspects of housing rights throughout the world, and is devoted to finding creative solutions to all housing-related problems, using international human rights law as a key tool. Though COHRE

American Association for the Advancement of Science (AAAS)

has had many victories, it faces enormous challenges and its work remains as necessary as ever.

Bread for the World Foundation Coordenadoria Ecumênica de Serviço (CESE)

We believe COHRE’s work is increasingly supported by donors because of the success of our efforts and our

Cordaid

growing reach and impact in the developing world.

Government of the United Kingdom (DFID) Government of Finland

While COHRE’s work has already protected the housing rights of hundreds of thousands of slum dwellers,

Ford Foundation

displaced persons and disadvantaged women, requests for assistance and advice from grassroots groups,

Friedrich Ebert Foundation

popular movements and victims of housing rights violations around the world still overwhelm our capacity to

Government of Germany

respond. This has resulted in dramatic growth in our programmes over the past few years.

Heinrich Böll Foundation ICCO

In order to continue meeting these demands and providing the assistance requested from us, COHRE requires

Mertz Gilmore Foundation

greater financial resources.

Misereor Government of Netherlands (Ministries of Foreign Affairs and Housing)

Please consider donating to COHRE – we accept all donations from individuals, organisations and institutional

Government of Norway

donors from around the world, no matter how small. Your contribution may make the difference in allowing

Norwegian Refugee Council

a new housing rights project, publication or documentary film to get underway, thus helping COHRE to

Oxfam

achieve real change.

Réseau universitaire international de Genève (RUIG) Servicio Latino Americano, Asiatico y Africano de Vivienda Popular (SELAVIP) Government of Sweden (SIDA) Swedish NGO Foundation Government of Switzerland United Nations Development Programme UN-Habitat UNICEF United Nations High Commission for Refugees World Health Organization

36

DONORS AND SUPPORTERS

Every donation makes a difference.

Acknowledgements

COHRE would like to thank the following service providers and others for their contributions during 2003-2005: Legal Services Robert Zoells of Peck, Warren et Zoells, Geneva Auditors KPMG Design and Publication Suggestie and Illusie, Utrecht, Netherlands www.illusie.nl RaynerBrown, Melbourne, Australia

www.raynerbrown.com

Documentary Film Volunteers Suze Houghton and Adis Hondo of Hand in Hand Productions All participants in COHRE’s Internship Programme and numerous other volunteers COHRE works in close collaboration with an extensive network of activists, researchers, local, national and regional NGOs, community-based organisations and communities around the world. We wish to thank all those who have worked with and assisted us in our efforts to prevent forced evictions and to protect and promote the human right to housing during 2003-2005.

AKNOWLEDGEMENTS

37

CENTRE ON HOUSING RIGHTS AND EVICTIONS

International Secretariat 83 rue de Montbrillant 1202 Geneva Switzerland

Duluth 8 N. 2nd Avenue East, Suite 208 Duluth, MN 55802 USA

Porto Alegre Rua Demetrio Ribeiro 990/conj.202 90010-313 Porto Alegre - RS Brazil

Colombo 106 1/1 Horton Place Colombo 7 Sri Lanka

Melbourne PO Box 1160 Collingwood, Victoria 3066 Australia

Accra PMB CT 402 Cantonments Accra Ghana

COHRE is registered as a Non-Profit Foundation (Stichting No 41186752) in the Netherlands, and is also registered in Australia, Brazil, Ghana, Sri Lanka and USA. COHRE is an NGO in Special Consultative Status with the Economic and Social Council of the United Nations (ECOSOC). COHRE has Participatory Status with the Council of Europe, Consultative Status with the Organisation of American States and Observer Status with the African Commission on Human and Peoples’ Rights.

2003-2005 www.cohre.org

ACTIVITY REPORT WWW.COHRE.ORG

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