COHRE Annual Progress Report 2008

2008 Annual Progress Report by the Centre on Housing Rights and Evictions

April 2009

CONTENTS

INTRODUCTION

1

EXECUTIVE SUMMARY

2

1. AFRICA PROGRAMME

1

1.2. Key challenges

1

1.3. Key focus countries 1.3.1. Ghana 1.3.2. Kenya 1.3.3. Nigeria 1.3.4. South Africa 1.3.5. Sudan

1 1 2 2 2 3

2. AMERICAS PROGRAMME (CAP)

4

2.1. Highlights

4

2.2. Key focus country activities 2.2.1. Argentina 2.2.2. Brazil 2.2.3. Colombia 2.2.4. Ecuador 2.2.5. Guatemala

5 5 7 8 10 11

2.3. Regional Latin America Activities

12

3. ASIA-PACIFIC PROGRAMME (CAPP)

14

3.1. Key focus country activities 3.1.1. Cambodia 3.1.2. The Philippines 3.1.3. Indonesia 3.1.4. Burma 3.1.5. Additional country activities 3.1.5.1. East Timor 3.1.5.2. Bhutan 3.1.5.3. Pacific region (Vanuatu)

14 14 18 19 20 21 21 22 23

3.2. Regional activities

23

3.3. Litigation and Advocacy

24

4. SRI LANKA

25

4.1. Return and Restitution of Internally Displaced Persons (IDPs)

25

4.2. Legal Services

26

4.3. Monitoring of Housing, Land and Property Rights

26

4.4. Law and Policy Reform

27

4.5. Right to Water and Sanitation

29

4.6. Trainings, workshops and seminars

29

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4.7. Research and Publications

33

5. GLOBAL FORCED EVICTIONS PROGRAMME

34

5.1. Monitoring, Research and Publications

34

5.2. Rapid Response Initiatives

36

5.2.1. Protest Letters

36

5.2.2. Fact-finding Missions

36

5.3. Capacity building, networking & training

38

5.4. UN Advocacy at the Human Rights Council 5.4.1. South Africa 5.4.2. Ghana 5.4.3. The Philippines 5.4.4. China 5.4.5. Nigeria 5.4.6. Side Events 5.4.7. Committee on Economic, Social and Cultural Rights (CESCR)

42 42 42 43 43 43 43 44

5.5. Advocacy with local government authorities

44

5.6. Media and Communications

44

6. LITIGATION PROGRAMME

47

6.1. Advocacy & Litigation

47

6.2. Amicus Curiae Litigation 6.2.1. South Africa: Right to Water Case 1 6.2.2. South African: Right to Water case 2 6.2.3. South Africa: Kwa-Zulu Natal Slums Act

48 49 49 50

6.3. Negotiations

50

6.4. Legal Advice

50

6.5. Fact-Finding Missions 6.5.1. Palestine/Israel: Right to Water 6.5.2. Palestine: Right to Adequate Housing 6.5.3. Papua, Indonesia

50 50 51 51

6.6. Monitoring, research and publications

51

6.7. Capacity Building, Networking & Training

52

6.8. Key Challenges

54

7. RIGHT TO WATER PROGRAMME (RWP)

55

7.1. Key focus country activities 7.1.1. Kenya 7.1.2. South Africa 7.1.3. Israel and the occupied Palestinian territories (oPt) 7.1.4. Argentina 7.1.5. Brazil 7.1.6. Ghana 7.1.7. Ecuador 7.1.8. Laos

55 55 56 56 57 57 58 58 59

7.2. International Activities

59

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7.2.1. Research and publications Manual on the Right to Water and Sanitation Sanitation: A human rights imperative Legal Resources for the Right to Water and Sanitation 7.2.2. Documentation of lessons learnt on implementation 7.2.3. Assistance to UN agencies

59 59 59 60 60 60

7.3. Capacity building, networking and training

60

7.4. International advocacy

61

7.5. Key Challenges

62

8. WOMEN AND HOUSING RIGHTS PROGRAMME (WHRP)

63

8.1. International Activities

63

8.2. Key Focus Country Activities 8.2.1. Philippines 8.2.2. Sri Lanka 8.2.3. Ghana 8.2.4. Kenya

67 67 68 68 69

8.3. Publications

69

8.4. Conclusions and Key Challenges

70

9. COHRE ADVOCACY 2008

72

9.1. Work with Relevant UN Human Rights Mechanisms United Nations Charter Body Advocacy United Nations Treaty Body Advocacy Special Procedures

72 72 73 75

9.2. Provide Direct Access to the UN to COHRE’s Partners in the Field Mobilising Partners for UN Advocacy Inclusion Hosting Experts, Fellows and Interns Obtain Remedies for Housing Rights Violations Olympic Games and Other Mega-Events and Housing Rights Housing, Property and Land Restitution Right to Water and Sanitation Other Advocacy

75 75 76 76 77 77 78 78

9.3. Keeping Housing Rights on the United Nations Agenda

79

10. RESEARCH AND PUBLICATIONS

81

11. HOUSING RIGHTS TRAINING

85

12. COHRE’S 2008 HOUSING RIGHTS AWARDS

88

The International Olympic Committee

90

The Government of Israel

91

The Government of Italy

93

The Constitutional Assembly of Ecuador

95

Ms Pia Ndayiragije

96

Mr Ken Fernandes

97

The Coalition to Protect Public Housing

98

iv

ABOUT THE CENTRE ON HOUSING RIGHTS AND EVICTIONS

99

ABOUT COHRE’S HOUSING RIGHTS AWARDS

100

END NOTES

101

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INTRODUCTION For many years, COHRE has produced a detailed annual activity report consisting of a compilation of reports by each of the COHRE regional and thematic programmes (Asia/Pacific, Americas, Africa, Litigation, Women and Housing Rights, Right to Water, and Global Forced Evictions) as well as activities carried out through the COHRE International Secretariat. These reports are intended as a detailed historical record of COHRE’s worldwide activity in any given year. The format of the recent annual reports has followed the structure of the COHRE 2007 – 2009 Donor Appeal. They highlight COHRE’s key areas of activity which are global monitoring and research; key focus country activities; and rapid response actions.

Such reporting has been considered useful to donors and other friends of COHRE by providing a detailed account of the considerable range of activities the organization carries out each year. It has also been helpful for COHRE management and staff as a means to share information among programmes that are widely dispersed. This type of reporting has, however, not proved to be the best vehicle for promoting learning within the organization and in collaboration with its partners (donors included). What has been missing is a sharper focus on the outputs, outcomes and impact of COHRE’s work over time. The organization, in dialogue with its partners, has recognized these lacunae and has developed a plan to transform its approach to progress reporting in 2009, as part of a larger process of organizational change.

As noted in the recent External Evaluation of the organization, COHRE provides detailed reports on the impressive range of activities it undertakes but has not instituted a system for regular monitoring and evaluation of the outcomes and impacts of its program activities.

COHRE staff are well aware of the need to address this shortcoming and accept management’s decision to make this a priority. The new Executive Director has introduced an internal Quarterly review process as one step toward improving the monitoring of the implementation of program activities, and introduced the use of logical frameworks to begin a new process of defining indicators to measure progress toward achieving program objectives.

COHRE is hopeful that its donor partners will accept that COHRE is an a “transition period” intended to achieve fundamental changes that are necessary to improve the organization’s performance, including its ability to better measure and report on the results of its work. The current 2008 annual progress report still relies on the previous “activity reporting” framework, as the new approach is still being developed. We appreciate our partner’s patience in this regard.

An Executive Summary is included in this report in an attempt to offer a succinct summary of this rather lengthy report and to begin to better describe the changes produced by COHRE’s work. The 2008 financial report is included at Annex 1. The audited accounts for 2008 will be available soon (the audit fieldwork was completed on 27 March 2009 and we are awaiting the final financial statements and the management letter).

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EXECUTIVE SUMMARY During COHRE’s rapid growth from 1994 until 2006 COHRE’s achieved significant results which include: contributions to international human rights standard-setting; the prevention of forced evictions worldwide; empowerment of poor communities; strengthening communities abilities to use human rights tools to prevent or gain compensation for evictions, or to achieve “slum upgrading”; the development of international jurisprudence on the right to adequate housing (including water and sanitation); and major contributions to the literature on ESC rights.

At the same time, the organization failed to develop the necessary organizational infrastructure and administrative systems to support the increasingly complex nature of the organization and the larger scale of its work. COHRE evolved from a mission driven organization into a resource driven organization with offices and programs emerging due to personal ties and preferences and people appointed due to personal relationships. COHRE’s institutional development was neglected resulting in weak management, lack of internal controls, diffuse leadership, limited feedback mechanisms, and a lack of clarity regarding the employer-employee relationship.

From mid-2006 to mid-2008 the organization experienced a period of uncertain direction, frayed governance, and a lack of integration within the organization in pursuit of a coherent vision.

Management was on an interim basis and staff attempted to mobilize to address some of the gaps in administrative structures and procedures. The organization undertook a genuine effort to assess it’s own strengths and weaknesses, which resulted in a well-intended internal report and a 3-year strategic plan. The plan informed the elaboration of a 3-year Donor Appeal.

2008 began with COHRE’s search for a new Executive Director (ED). Altogether, the year was a prelude to transition for the organization. While COHRE programme staff continued to implement their respective project activities, the organizational development of COHRE was still “on hold” in 2008.1 In July 2008, COHRE appointed a new Executive Director. The ED spent his first 7 months visiting all of the COHRE offices and meeting collectively and individually with all of the nearly 60 COHRE staff worldwide. The ED also visited all of COHRE’s largest donor partners.2 The ED also led COHRE’s participation in the External Evaluation conducted by consultants engaged by Sida, the Finland Ministry of Foreign Affairs, and The Ford Foundation. A major finding of the evaluation was that COHRE was successfully achieving its mission but lacked the necessary systems for measuring and reporting on the results of its work.

The ED’s own assessment of COHRE resulted in the initial changes noted below. These are followed by program highlights gleaned from the combined activities reports of COHRE’s programmes.

Reorganization of the Geneva Headquarters In the 2nd six months of 2008, the newly appointed ED made a number of changes to the International Secretariat (IS):  All of COHRE’s 3 apartments in Geneva were reclaimed to be used as offices  The staffing at the IS was restructured at the end of 2008 to enable the organization to recruit more senior professionals to fill the positions of Office Manager, Director of Programmes & International Advocacy, and Communications Officer.  A decision was taken to close the Melbourne office effective at the end of the first quarter of 2009.

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 Annual performance evaluations were implemented for all staff worldwide at the end of 2008.  A server was installed at the IS connecting all computers and providing an information security system that had been lacking.  The website architecture was upgraded Improvements to the Accounting and Financial reporting systems  The principal accountant was made Full-Time  A bookkeeper was hired to assist the accountant  The responsibility for supervising the accounting staff was assumed by the ED until such time as a Financial Controller could be engaged.  An urgent “Agreed Upon Procedurs” audit was conducted to properly establish COHRE’s accounts and make recommendations for an improved accounting system  A new grant filing system was initiated to ensure that all significant communications between COHRE and its donor partners were maintained in hard copy (originals) in Geneva, and electronic copies maintained at the IS as well as with the Fundraising Coordinator in New Zealand.

Governance  3 Board meetings were held at which the board agreed to recruit additional members to enlarge and diversify the board (with priority to be given to recruiting women, candidates from the Global South, and individuals with financial management skills).  New policies were adopted on Security and Safety, Conflict of Interests, “Whistleblower” procedures, Annual Leave, and a draft Salary Policy was developed and proposed by the ED to the Board.

Organizational Development Plan Beginning in August 2008, the ED had a series of meetings with experts from the Dutch organizational development company, IC Consult, to plan a process for 2009 aimed at strengthening COHRE’s capacity to fulfil its mission. In September 2008, the ED organized a meeting of all Programme Coordinators in Cambodia to initiate an internal assessment process that included a review of COHRE’s existing Strategic Plan, progress toward objectives, methodologies, organizational development, and planning for 2009. The elements of the plan to make 2009 a “Year of Change” include the following:  A week-long internal Organizational Assessment in March 2009 involving the management and programme coordination staff, and board  A week-long Strategic Planning process in June 2009 to establish a proper 3-year organizational Strategic Plan for 2010-2012.  A weeklong training for all senior staff on Planning, Budgeting, Monitoring and Evaluation, and management skills.

Significant Program Accomplishments in 2008 The following is a list of just a few of the highlights of significant events, changes that may result from COHRE’s work, and other results of COHRE’s activities elaborated upon in great detail in this report.  Africa Programme o The Africa Coordinator position at COHRE has been vacant since 2006, resulting in the underdevelopment of COHRE’s regional program for Africa. (Filling this position is a priority for 2009) 3

o COHRE, however, contributed significantly to partner NGO’s in key African countries through the work of thematic programmes and staff based in Ghana, Kenya and South Africa. o Anti-eviction work, Right to Water work, Women and Housing rights research and capacity building activities, and litigation (amicus curiae) in South Africa, all contributed by the thematic programs allowed COHRE to maintain an important level of engagement in Africa with positive results in specific countries (Kenya, Ghana, Nigeria, and South Africa).  Americas Programme o COHRE played a strategic role along with its partners in participating in the constitutional reform process in Ecuador resulting in three new articles in the new constitution that define (1) the Right to Adequate Housing, (2) the Right to the City and popular participation in Urban and Housing development, and (3) the Right to Water and Sanitation. o 884 participants from among community groups, student associations, NGOS, policy makers, judges and academics receiving training on housing rights and evictions in 11 workshops and seminars carried out in 5 countries (Argentina, Brazil, Colombia, Guatemala and Ecuador). o Seven judicial eviction orders were suspended and two evicted communities could return to their houses and lands as result of 14 protest letters presented to avoid evictions of 9,778 families in the above 5 countries. o COHRE now produces a bi-monthly newsletter on housing rights and the right to the city throughout Latin American in three languages that is geared toward a broader, more popular, audience than previous technical/legal publications. o COHRE helped strengthen networks in Latin America for regional advocacy through work with Habitat International Coalition (Latin America); Habitat for Humanity (Latin America) and the main national networks of Housing Rights in Brazil, Argentina, Colombia, Ecuador, Uruguay, El Salvador and Guatemala. Also strengthened networks specializing in Women’s Rights, such as CLADEM, and Environmental Rights, such as AIDA. o Submitted reports on the status of the right to housing and to land for the first Universal Periodical Review by the UN Human Rights Council on Argentina, Brazil, Guatemala and Colombia. o Produced publications on The Right to the City, and on indigenous rights to territory and natural resources in several Latin American countries. o Provided legal assistance to indigenous and Afro-descendant communities and slum dwellers of Argentina, Brazil, Colombia, Ecuador and Guatemala.  Asia Pacific Programme o Consolidated a successful move from Australia to Cambodia, increasing staff engagement with partners throughout the region, having greater impact and visibility in Cambodia (e.g. helping to stop forced evictions, and providing more training to partners on Housing Rights and Evictions) o Prevented a major eviction in Philippines by connecting partners’ activism on the ground with COHRE advocacy work in Geneva at the time of the Universal Periodic Reviews session on Philippines. o COHRE’s partners throughout the region have significantly improved the quality of their training of communities on housing rights following COHRE’s Training of 4

Trainers in 2008. In turn this has contributed to improved outcomes for communities facing threatened evictions. o In Cambodia civil society groups produced a strong set of recommendations to the Committee on Economic, Social and Cultural Rights (CESCR) at the time of the presessional review of Cambodia’s obligations under ICESCR. As a result, the CESCR asked a number of key questions on land and housing to the government which it would not otherwise have done. o COHRE contributed to the development of a regional human rights mechanism for Asia as the focal point on housing rights and ESC rights on the Solidarity Action for Peoples’ Advocacy (SAPA) Task Force on ASEAN and Human Rights. It is anticipated that a ASEAN Human Rights Mechanism will be adopted by member states in 2009.  Sri Lanka Programme o Gained government acknowledgement of the importance of having a resettlement policy and getting COHRE attached to the process along with major U.N. institutions and donor agencies. o COHRE entered into partnership with the Ministry of Resettlement and Disaster Relief, UNHCR, and UNOPS to conduct survey of 382 households on return and restitution patterns and issues in Trincomalee and Batticaloa, where over 300,000 IDPs are being returned and resettled. o Obtained an official written opinion from the Attorney General regarding gender equality within housing rights under Tsunami relief efforts. COHRE successfully opposed the “head of household” concept that discriminated against women’s rights to be co-signators to land and housing titles in the relief programme. o COHRE adressed the increasingly severe issue of displacement due to High Security Zones (HSZ). COHRE’s survey of IDPs also formed the basis of a report on HSZ and the right to adequate housing (due to be released in early 2009), that will be used to lobby for changes in current policies and for securing remedies for those evicted from their lands due to HSZs. o COHRE continued to pursue litigation in 2008, although the current climate of conflict makes it very difficult to achieve redress through the court systems. In early 2008, COHRE filed a case on behalf of local fishermen in Puttlam who have been forced off their traditional fishing grounds. o COHRE conducted 21 trainings and workshops to build local capacities for defending HLP rights and to raise international attention to the housing situation in Sri Lanka.  Global Forced Evictions Programme o COHRE issued 38 protest letters to relevant authorities in Argentina, Bolivia, Brazil, Bulgaria, Cambodia, Cameroon, China, Colombia, Ecuador, India, Indonesia, Israel, Kosovo, Nigeria, South Africa, Sri Lanka, Taiwan, Tanzania, and Venezuela. The letters call for a moratorium on forced evictions, adequate compensation to all those affected and, where relevant, the development of resettlement plans and compensation packages in consultation with affected communities. o COHRE was able to halt evictions in Ciudad Oculta and El Nogalito (Argentina), Manaus and Curitiba (Brazil), Barrancabermeja (Colombia), Abuja (Nigeria) and Mahawatha/Ratmalana (Sri Lanka). According to our estimates, the protest letters along with active advocacy by regional programmes and local partners have 5

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contributed to the suspension of the eviction of more than 6000 families globally in 2008.

COHRE’s fact-finding report ‘One World Whose Dream: Housing Rights Violations and the Beijing Olympic Games’, was released in July 2008 in advance of the games and attracted significant media coverage. The report also presented recommendations to the IOC aimed at preventing housing rights violations in the future. COHRE organized a training on forced evictions in China during the WUF. Continued to build the leading database on evictions worldwide to be launched for public use on the COHRE website in 2009.

Worked with local partners to gather and analyse information on forced evictions resulting from preparations for the 2010 FIFA World Cup in in South Africa. In May/June 2008 COHRE released a statement on 2010 World Cup related evictions which has been distributed as part of civil society’s advocacy efforts to promote an evictions free World Cup in 2010.

COHRE has closely monitored the forced evictions situation in Nigeria, one of its key focus countries. In May 2008, COHRE published a report entitled The Myth of the Abuja Master Plan: Forced evictions as urban planning in Abuja, Nigeria.

 Litigation Programme o COHRE filed an Amicus Curiae brief in a landmark case in which the High Court of South Africa ruled that the City of Johannesburg’s practice of forced installation of pre-paid water meters in Phiri, Soweto, was unconstitutional. In addition, the Court required the provision of 50 litres of free water per person per day. o COHRE submitted a Petition to the Inter-American Commission on Human Rights challenging forced evictions in Guatemala. The case calls for the demarcation of indigenous lands, the right to return and restitution of land, the protection of the right to use the natural resources present in traditional lands and the development of policies and programmes to improve the economic and social conditions of indigenous communities. o COHRE assisted local partner Rights Action (Guatemalan NGO) with the draft of a petition requesting the Inter-American Commission on Human Rights to adopt precautionary measures to to protect families threatened with forced eviction in the context of extraction industries operating in communal indigenous territories in Guatemala. o COHRE filed two “1503” Petitions before the UN Human Rights Council in an attempt to prevent the imminent forced eviction of three Roma communities (two in Bourgas and one in Plovic). The Petitions have helped prevent the forced evictions. o In 2008, COHRE submitted a Communication to International Labour Organisation (ILO) regarding violations of indigenous land rights in the context of forced eviction and displacement of Quiolombo communities in Brazil.  Right to Water Programme o Shares responsibility for the landmark South African high court decision on the Right to Water o Released the Manual on the Right to Water and Sanitation, a 212-page publication which provides practical information, in a manner accessible to non-lawyers, on how governments can implement the various components of the right to water and sanitation in their laws and policies. o RWP prepared together with WaterAid, UN-HABITAT and the Swiss Agency for Development and Cooperation, the first document that provides a detailed analysis of 6

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the legal basis and content of the right to sanitation and priorities for its implementation. The final publication was launched at the Stockholm World Water Week in August and was also translated into French and Spanish. The document, together with the Manual on the Right to Water and Sanitation has helped shape international discussions on this issue. Most major international meetings on this topic use the term ‘right to water and sanitation’ and not just ‘right to water’.

Successful work on the resolution at the Human Rights Council that created the position of Independent Expert on the Right to Water and Sanitation.

In Kenya, the RWP conducted 3 community training workshops for 142 community representatives in the Kibera slums; 2 training workshops for 46 community representatives of the Nairobi Peoples’ Settlement Network; and 3 training workshops on monitoring and identifying violations of the right to water and sanitation for 53 community representatives. As a result of these training workshops, community groups have increased monitoring of water and sanitation service delivery within Nairobi’s informal settlements, and use of formal water sector complaint mechanisms, including filing reports on irregular billing and corruption.

RWP released in January 2008 a report entitled: ‘Hostage to politics: The impact of sanctions and the blockade on the human right to water and sanitation in Gaza’. The report was widely disseminated and used for sustained advocacy on this issue.

In Argentina, COHRE and its partner ACIJ prepared a report evaluating the new institutional framework and policies for water and sanitation in the metropolitan area of Buenos Aires from a human rights perspective. This report was broadly distributed and several consultations have taken place with different government representatives.

In Brazil, RWP published and disseminated a report on the extent to which the country has implemented the right to water and sanitation, suggesting priority actions for government and other stakeholders. In December, RWP carried out a national training seminar for 55 members of NGOs and social movements that are representatives in the Sanitation Technical Committee of the Council of the Cities (a national participative decision-making body).

In Ghana, RWP researched and produced a rights-based review of the legal and policy framework of the Ghanaian water and sanitation sector.

 Women & Housing Rights Programme o Produced an important publication on “Women, Slums and Urbanization” as the first ‘Global’ project of the programme. o Initiated advocacy work on additional issues which today threaten the housing security of literally millions of women around the world. These issues have included the impact of urbanisation on the realisation of women’s housing rights; the link between women’s housing rights and the HIV/AIDS pandemic; the experiences which women face when threatened or victimised by forced eviction; and the relationship between women’s housing rights and the pervasive problem of domestic violence. o WHRP has worked with WLLA partners to conduct national surveys on the real impact of land reform initiatives on women, through a process of women-led evaluations, in order to generate data to be used as an advocacy tool to improve upon existing and future land reform programmes as well as engender land related policies. o WHRP participated in the Sixth African Development Forum (ADF), a joint initiative of United Nations Economic Commission for Africa (UNECA), the African Union (AU) and the African Development Bank (ADB), including an expert consultation on the draft African Union Land Policy.

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o WHRP co-sponsored the first ever Grassroots Women’s International Land Academy which took place in Entebbe, Uganda. Over forty participants from across Africa participated in the Academy. o WHRP assisted with the preparation of a Shadow Report to CEDAW on the situation of women’s human rights in Slovakia. o Coordinated a high-level side event during the 2008 Commission on the Status of Women (CSW) to highlight the connections between women’s housing, land and property rights and the HIV/AIDS pandemic. o Presented a report on Ghana’s housing rights situation to the newly instituted Universal Periodic Review process at the UN Human Rights Council. The report specifically highlighted the situation of women’s housing rights in Ghana, including gender discrimination in inheritance matters. o Under the auspices of the WLLA project, the WHRP prepared a ‘Handbook on Effective Tools to Promote Women’s Housing, Land and Inheritance Rights.’  International Advocacy o COHRE became an early leader among NGOs making use of the new Universal Periodic Review procedure of the UN Human Rights Council by making a large number of submissions during each round of the country reviews. o In the first rounds of the Universal Periodic Review, COHRE presented housing rights materials on countries including Argentina, Brazil, Colombia, China, Czech Republic, Ghana, Guatemala, Israel, Nigeria, Philippines, Romania, Slovakia, South Africa, Sri Lanka and Switzerland. o Helped gain the adoption of the Optional Protocol to the CESCR by the HRC. o As a result of COHRE and partner efforts, the 7th Council approved the creation of a Special Procedure on the right to water and sanitation, one of the major achievements of COHRE’s right to water and sanitation efforts to date. o Joined statements with partners on general outcomes of the first Universal Periodic Review, as well as assessing the work of the outgoing High Commissioner for Human Rights. o Provided materials on housing rights violations in a large number of countries to the UN treaty bodies, specifically the Committee on Economic, Social and Cultural Rights; the Committee on the Elimination of Racial Discrimination (CERD); and the Committee on the Elimination of Discrimination Against Women (CEDAW). o Following the appointment of Raquel Rolnik to the position of UN Special Rapporteur on the right to adequate housing, COHRE worked to assist the mandate holder in the creation of a viable programme of work for the next three years, among other things by providing Ms. Rolnik with extensive materials on the right to adequate housing, as well as on particular country situations worthy of attention; meeting with Ms. Rolnik on a number of occasions to discuss appropriate strategies and actions; organising, jointly with the German government, a meeting on June 18 for governments, NGOs and relevant UN officials to discuss appropriate strategies, actions and themes for the first three years of the mandate. COHRE representatives from COHRE Asia, COHRE Americas and the COHRE Global Forced Evictions Programme also attended the meeting. COHRE has subsequently followed to provide input into the work of the Special Rapporteur as she moves to implement her work plan. o Brought NGO partners to Geneva and provided training on how to engage the UN bodies concerned with Housing Rights, including civil society partners from Italy, Czech Republic, Colombia, Slovakia, Philippines and Kenya.

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 Housing Rights Awards In 2008, following a public nominations process, COHRE award the following housing rights awards: o Violators: (1) Italy, (2) Israel, (3) the International Olympic Committee. These three entities were awarded the Violator award for 2008 for recent gross acts and/or omissions giving rise to systemic housing rights violations. o Protector: The Constitutional Assembly of Ecuador was presented with 2008’s Housing Rights Protector Award for its role in making Ecuador the first country in the world to explicitly recognise in its Constitution a range of key housing and habitat-related rights. o Defenders: Ms Pia Ndayiragije of Burundi, Mr Ken Fernandes of Australia and the Chicago, USA-based Coalition to Protect Public Housing each received a 2008 Housing Rights Defender Award in recognition of their outstanding commitments to the defence of housing rights.

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1. AFRICA PROGRAMME In 2008 COHRE was committed to addressing the growing problem of forced evictions in Africa. In particular, COHRE increased its collaboration with local NGOs and CBOs, in Kenya, Ghana, South Africa and Nigeria, intervening in specific cases through rapid-response actions including protest letters to offending governments; providing direct legal advocacy; distributing media releases to call violating governments to account and to alert the public; making submissions to UN human rights mechanisms and other follow-up activities.

Regionally, COHRE continued to monitor evictions and commenced preparations for the establishment of an African coalition against forced evictions.

In particular, in 2008 COHRE has had the following results:  Providing legal advice, jointly with local partners, resulting in a landmark judgment by South Africa’s Constitutional Court for 67,000 low-income residents facing eviction in Johannesburg  Assisting local partners with slum upgrading projects in Kenya to improve the living conditions of over 60,000 people living in the slums  Capacity building through developing strategies with local groups prevent forced evictions in Ghana, Kenya, Nigeria and South Africa  Production of several key publications that have been successfully used as advocacy tools in eviction cases brought before the courts in South Africa and Kenya  Issuing protest letters to governments of Angola, Egypt, Ethiopia, Ghana, Nigeria, South Africa, Sudan, Tanzania and Zimbabwe  Assisting partners in Kenya to access UN mechanisms  Collaborative work on policy development with governments to ensure concerns of the poor and marginalised land users are taken into account in land and other relevant laws affecting the poor in Ghana, Kenya, Nigeria and South Africa.

1.2. Key challenges Despite the practice of forced eviction being increasingly recognised as an abuse of human rights, African governments continue to violate these rights as a tool of development or social control, often forcibly evicting citizens on a massive scale. In Kenya, the political unrest posed a serious challenge to COHRE’s work in Kibera and other areas. With the likelihood that a political settlement will be maintained, COHRE will continue its Kenya-based work.

In Sudan, while COHRE has intervened before the African Commission on Human and Peoples’ Rights with respect to the forced evictions and other human rights violations in Darfur, those human rights violations continue and the African Commission is still considering the case.

1.3. Key focus countries COHRE Africa intensifies its activities in the following key focus countries in the region: 1.3.1. Ghana To date, COHRE has been instrumental in reforming Ghana’s housing policy to bring it in line with international human rights law. Ghana is currently undergoing an overhaul of its land 1

administration process which is one of the main causes of protracted land disputes and tenure insecurity in the country. COHRE and 15 other civil society organisations have set up a coalition known as the Civil Society Coalition on Land (CICOL), to work towards ensuring the land administration system will include concerns of the poor and marginalised land owners.

Monitoring threatened evictions is a priority of COHRE’s work in Ghana. From its office based in Accra, COHRE has provided assistance for several years to the Agbogbloshie community, a settlement of some 20,000 to 30,000 persons in Accra who are threatened with forced eviction.

1.3.2. Kenya COHRE’s work in Kenya, in conjunction with its local partner Hakijamii Trust, focuses on advocacy against forced evictions in forest areas and capacity building for the Kibera informal settlement.

COHRE, Amnesty International and local partners produced a report which found that the eviction of 50,000 persons in the Mau Forest had violated human rights, failing to provide adequate resettlement as promised. The Government responded to the report by announcing it would compensate over 10,500 people who had been evicted. COHRE has also intervened as amicus curiae before the African Commission seeking restitution of indigenous lands.

COHRE provided training programmes for more than 1,000 community leaders and residents as well as representatives of community based organisations, local NGOs and other stakeholders in slum upgrading in Kenya to formulate national improvements and strategies, providing training in housing and water rights advocacy.

COHRE is currently a member of a task force involved in a campaign for the adoption of national guidelines on forced evictions and is working directly with the Ministry of Housing on a National Policy on Slum Upgrading.

1.3.3. Nigeria Nigeria is one of the worst violators of housing rights in Africa. COHRE works with local partners continually monitoring the housing and land rights situation in the country. Between 2003 and 2007, more than 800,000 residents were forcibly evicted from informal settlements in the federal capital, Abuja, by order of the Minister of the Federal Capital Territory. Government officials created a myth about the ‘Abuja Master Plan’ to convince people that the Plan was justified, so Abuja would not become like ‘another Lagos’. This justification was used for systematic violations of housing rights of these residents. COHRE carried out a fact-finding mission with its local partner, SERAC, resulting in the production of a report in 2008, The Myth of the Abuja Master Plan: forced evictions as urban planning in Abuja, Nigeria. COHRE had the opportunity to initiate dialogue on the findings of this report during a training workshop presented to members of Nigeria’s House of Representatives on forced evictions and the right to adequate housing 1.3.4. South Africa Millions of South Africans live in conditions of insecure tenure, and hundreds of thousands of people have been forcibly evicted without legal recourse over the past 10 years. COHRE’s work in South Africa, with the Community Law Centre, has focused on providing advocacy support to the important Johannesburg Inner City Court case; and on behalf of the Joe Slovo informal settlement that is currently threatening thousands of persons with forced eviction to make way for the N2 Gateway Project near Cape Town. COHRE is also collaborating with partners on 2

challenging regressive legislation, the KZN Elimination and Prevention of Re-emergence of Slums Bill, 2006, which will effectively reduce the security of tenure for millions of South African citizens.

COHRE’s report “Business as usual?: housing rights and ‘slum eradication’ in Durban, South Africa”, released in 2008, has been used to expose the development of inadequate shack settlements for re-settlement, as an awareness raising tool of housing rights and routine forced evictions that are currently taking place in Durban.

Furthermore, COHRE appeared as amicus curiae in a landmark right to water case involving the forced installation of pre-paid water meters that resulted cut off of access to water to persons in Soweto. The High Court, relying heavily on COHRE’s intervention, found that the use of prepaid meters was discriminatory and in violation of the Constitutional right to water.

1.3.5. Sudan COHRE continues with its case, filed in 2005, against the Republic of Sudan before the African Commission on Human and Peoples’ Rights. The case seeks to have an African human rights mechanism and an African human rights instrument, the African Charter on Human and Peoples’ Rights, to hold Sudan accountable for forced eviction, forced displacement and other human rights violations in Darfur.

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2. AMERICAS PROGRAMME (CAP) The Americas is the most highly urbanized region of the world, with 75% of its population living in cities. Cities are potentially territories with vast economic, environmental, political and cultural wealth and diversity. However, the urban development models implemented in the majority of impoverished countries of the region are characterized by the tendency to concentrate income, power and land poverty. Public urban policies and legislation implemented in Latin America have contributed to deepen territorial segregation and social exclusion as they do not tackle democratization of access to land, housing, public services and urban management.

The lack of adequate housing cannot be separated from the systemic and endemic lack of access to land of poor communities, indigenous, peasants and Afro-descendents peoples. Although the great majority of the constitutions in the countries of the region recognize the right to housing, Latin America has a serious housing deficit, which reveals a tremendous gap between the constitutional norms and general legislation, and their implementation. National legislations frequently fail to establish minimum requirements for adequate housing, while criminal and civil procedure codes don’t include international standards of due process in face of forced eviction.

The difficulties of vulnerable groups in gaining access to justice and the lack of administrative procedures to defend their housing and land rights only leads to increasesd discrimination against African-descendants, indigenous peoples, slum dweller, peasants and women. In the case of indigenous populations, tribal peoples and Afro-descendants, the legal recognition of their property rights by many Latin American countries often leads to internal management by the such communities along traditional collective lines rather than adherence to individual ownership systems common in the wider national community creating certain legal ambiguities with regard to housing rights. The need for legal clarity – given this reality of multiple systems – is critical in cases where land rights granted to indigenous communities and tribal peoples overlap with mineral and environmental rights awarded to third parties.

2.1. Highlights Americas Programme with 12 staff located in Porto Alegre, Brasilia, Bogota, and Argentina, worked jointly COHRE thematic programmes and in partnerships with regional and national networks and NGOs. In 2008 the Americas Programme consolidated its staff team, strengthened alliances with international and regional networks, and attracted the highest level of funding in its history (approximately Euros 450.000) which helps guarantee the sustainability of the program in 2009.

The main achievement of 2008 were:  Legal Changes: new articles about Right to the City, Housing Rights and Right to Water and Sanitation were proposed by COHRE and partners were included in the new Constitution of Ecuador. Also following the advocacy of COHRE and its partners, the Brazilian Ministry of Cities approved a new resolution to establish a new system to prevent forced evictions,  884 participants from among community groups, student associations, NGOS, policy makers, judges and academics receiving training on housing rights, evictions, The Right to the City, Indigenous and Afro-descendents rights and the Pinheiro’s principles (on the Housing, 4

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Property and Land restitution rights of Internally Displaced Persons) in 11 workshops and seminars carried out in 5 countries (Argentina, Brazil, Colombia, Guatemala and Ecuador).

Seven judicial eviction orders were suspended and two evicted communities could return to their houses and lands as result of 14 protest letters presented to avoid evictions of 9,778 families in these countries.

Reinforced the networks in Latin Americas for regional advocacy with Habitat International Coalition (Latin America); Habitat for Humanity (Latin America) and the main national networks of Housing Rights in Brazil, Argentina, Colombia, Ecuador, Uruguay, El Salvador and Guatemala. Also strengthened networks specializing in Women’s Rights, such as CLADEM, and Environmental Rights, such as AIDA. Submitted reports on the status of the right to housing and to land for the first Universal Periodical Review by the UN Human Rights Council on Argentina, Brazil, Guatemala and Colombia.

Produced 5 publications on The Right to the City, and on indigenous rights to territory and natural resources in several Latin American countries.

Provided legal assistance to indigenous and Afro-descendant communities and slum dwellers of Argentina, Brazil, Colombia, Ecuador and Guatemala.

Produced and distributed more than 8,000 copies of a 5 new Bi-monthly Bulletin of Housing Rights and Right to the City.

2.2. Key focus country activities 2.2.1. Argentina Training and Seminars (organized and co-organized by COHRE)  Buenos Aires Slums: In June, CAP organized and participated in workshop “The fight for the right to Villa 31 – 31 urban regularization” (“La Lucha por el derecho a la radiccion definitva de nuestro barrio, La Villa 31 – 31 Bis”), in “La Banderita” College, for 40 young students living in Villa 31-31bis. This provided an understanding for the students of their rights, changing attitudes and resulted in a plan to fight for these rights.  Indigenous Land and Natural Resources Rigths: In April and May, two workshops were held on Land and territorial rights and regularization of communal land in the Puna (n`orthern region of Argentina). The first seminar focused on the recognition of indigenous rights for regularization of their lands and the importance of their participation at the process of decision-making concerning their territories. It was attended by 80 leaders. The second seminar, for 100 indigenous community leaders, was carried with an expert environmental organization, FARN (Environment and Natural Resource Foundation). Its focus was to raise awareness of indigenous communities’ rights and give them skills on how they can participate in decision-making processes regarding planned mining projects and the exploitation of and environmental rights in their territory. Participants used the information that they learnt to make new claims on their environmental rights against mining projects.

Advocacy and Litigation  Legal assistance and advocacy actions at Slum Villa La Cava : From April to November, COHRE, together with APAC, CELS (Centro de Estudios Legales y Sociales) and other local partners organisations, worked together to produce a report on housing rights violations affecting those living in this slum if the current design and development of a Federal Housing Plan implemented by the local government goes ahead. In September, 5

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COHRE presented a formal Petition before the Argentinean National Housing Office for the revision of the Federal Housing Plan mentioned above. The petition included the description of the defects in urbanisation that are affecting the living conditions of the slumdwellers and violating their human rights.

Legal assistance and advocacy actions at Slums Villa 31 and 31 Bis: In November, COHRE and a group of slum-dwellers presented a lawsuit against the City Hall and the National Government condemning their authorization for the demolition of the houses in this informal settlement and asking for the implementation of the Urbanization Plan.

Buenos Aires Housing Policies Advocacy: During the months of March and April, COHRE participated in meetings organized by the local legislature of the City of Buenos Aires to discuss the new housing policies, slum upgrading and regularization programmes designed by new authorities. A critical legal reform is being debated in local legislature on housing policies for the entire city. CAP attended meetings with representatives of the Legislature to express its opinion on legal reforms affecting housing rights in Buenos Aires City and prepared a report with a legal opinion on housing policies. This was at the request from the Housing Commission of the Legislature. As a result of COHRE’s recommendations, the Legislative Commission voted against the Government project.

Civil Society of Mercosur: - Cumbre de los Pueblos (People’s Summit): In June, CAP participated in the development of an NGO Committee for Land, Housing and Habitat Rights Policies, promoted by the MERCOSUR + Venezuela governments. The Committee, with CAP participation, prepared draft recommendations for the governments to meet human rights standards on housing and habitat public policies. This draft was discussed with NGOs from throughout the country during the Cumbre de Organizaciones Populares por la Integración Soberana del MERCOSUR (Popular Organizations Summit for the Sovereign Integration on Mercosur). A final version of the recommendations was presented to the President, Cristina Fernández, during the Cumbre de Presidentes del MERCOSUR + Venezuela, in Tucumán, Argentina, 30 June.

Federal Law Bill of Land Usage and Territorial Planning Congress: COHRE organised a roundtable with the National Chamber of Representatives, the National Urban Reform Movement and the National University of General Sarmiento (UNGS) on the Federal Law Bill of Land Usage and Territorial Planning. Fifty people attended the discussion, including government official representatives, experts from NGOs and university students As a result of this meeting, the National Deputy, Silvia Augsburguer, prepared an amendment to this law, for presentation in 2009. It will incorporate all the observations made by the experts at this roundtable.

Publications and Research  Booklet on Indigenous Land and Natural Resources Rights: COHRE published two editions of 3000 copies of the booklet “Derechos sobre el territorio y los recursos naturales de los pueblos indígenas ¡Para hacer cumplir!” (Rights on Territory and Natural Resources of Indigenous Peoples – To be enforced!). This booklet focuses manly on land and territory ownership, and respect for the rights of indigenous peoples over natural resource development in the areas where they live.

Fact Finding Missions  COHRE carried out a fact finding mission in Argentina in the extreme south state of Tierra del Fuego where the local governments implemented measures that violate the fundamental rights of the people living in the settlements. They call this kind of intervention ´´desarmes`` 6

and its purpose is to prevent new families from taking up residence in the settlements.

COHRE interviewed government’s agencies and slum dwellers of the Ushuaia and Rio Grande. As a result of CAP’ s legal advice to Tierra del Fuego’s legislators, the Law 746 related to the “Housing Emergency” ,was finally approved last August. This specific Law suspended forced evictions for a year on settlements of public lands, and created a fund to improve housing and land policies. The report of the Fact-finding mission will be published in 2009.

2.2.2. Brazil  Training and Seminars (organized and co-organized by COHRE)  Quilombos Territories Rights: In May, July and December COHRE carried out 3 training for Quilombos (Afro-descedents) communities in Piaui, Alcântara and Marambaia about Afrodescents Land Rights, the ILO Covenant 169 procedure and urban regularizations and minotiry rights. 100 leaders of these communities attended it.  Urban Land Conflicts and Public Policy : In November COHRE participated in a training on Urban Land conflicts and Public Policy in Manaus (Amazonas – Brazil). 100 policy makers of local governments of Amazonas, NGOs and Social movements attended it. The participants learned about how to link housing, sanitation, planning and environmental to find common solutions of the Amazonia’s urban conflicts.

Advocacy and Litigation  Litigation on Alcântara Case: In August and September, COHRE provided legal support to the Trade Union of the Rural Workers of Alcântara, the Trade Union of the Workers of Family Agriculture and the Quilombo Association of the Community of Mamuna from Afrodescendants communities of Alcântara. As a result, a Petition has been presented against Brazil under the International Labour Organization Indigenous Rights Mechanism for Systemic Violations of Land Rights of remaining Afro-descendent communities. This Petition detailed violations by the Brazilian State of Convention 169 on Indigenous and Tribal Peoples.  Advocacy in Quilombos Land Titling Law: In April, COHRE participated in two meetings to discuss changes in the legislation on land titling of quilombos communities with 250 quilombos leaders and 12 non-governmental organizations. As a result of this strategic action, CAP’s advice was used to assist the National Coordination on Quilombos to draft a new by-law regulating the land demarcation and titling.  Legal Advise for Quilombos Communities: COHRE, together with other NGOs (Comissâo Quilombola, Associaçâo Linharinho, CDDH and FASE –ES) set up a Task Group specifically to work on strategies to support and advocate on behalf of Sapè do Norte: quilombos communities and land conflicts affected for threatened of displacement by Eucalypt monoculture plantations. In the Marambaia Case COHRE followed up on pending judicial cases, contributing with information for a Petition that Justica Global will submit before the IACHR. COHRE maintained regular contact with the affected communities’ leaders updating them with relevant developments.  National Policy to prevent Forced Eviction: In February, COHRE participated in the Working Group on Eviction Prevention, drafting a plan of action to prevent forced evictions in Brazil. The plan reaffirms the need for evictions to be prevented and emphasizes that ultimate legal responsibility for preventing this practice rests on governments. The key and central aim of the plan of action is to give support to threatened groups and communities; 7

and informing international networks, local and national governments, NGOs, national forums and research programmes. As result in December, the Ministry of Cities approved a Resolution putting administrative procedures in place for a peaceful solution to urban land conflicts. COHRE continues to work jointly with the Ministry of Justice on the development of a reform of the Code on Civil Procedure.  Proposal to Reform at the Brazilian Code of Civil Process: In June, COHRE participated in a meeting with representatives of the Ministry for Justice. This meeting was to discuss and promote the approval process for the reform of the Brazilian Code of Civil Procedure. CAP participated in two meetings at the Ministry of Justice. The first addressed a defence of the proposal presented to the Ministry by the Urban Reform network. The second one, attended by jurists and experts on civil procedures in Brazil, addressed the feasibility of carrying out the reforms. The result of this meeting was the presentation of a legal proposal to reform the Code of Civil Process to the Brazilian National Congress. It is hoped to have the new Brazilian Code of Civil Process approved.

Publication, Researches and Campaigns  Research on Urban land conflicts and Judicial role: COHRE produced policy papers on Prevent Forced Eviction in the Code on Civil Procedure (Brazil), and the Contribution to the new Resolution on Quilombos titling procedure (Brazil).  Campaigns: In 2008, COHRE produced 300 caps and 300 bags to disseminate under the campaign “"Social Justice is the Regularization of Land Ownership of Quilombo’s Territories in Brazil”. COHRE distributed the materials in the 5 regions of Brazil as an awareness raising campaign.  Quilombola Bulletin, Brazil: During the first quarter of 2008, CAP focused one of its bimonthly electronic bulletins on the current situation of housing and land rights of Quilombo communities in Brazil, specifically on land conflict and the violation of ESC rights. The bulletin was distributed to over 1,000 local and international contacts comprising NGOs, human rights organizations, community based organizations, Brazilian governmental institutions and other advocates for housing rights in Portuguese, Spanish and English.

Fact Finding Missions  Finding Missions to Curitiba (Paraná): COHRE conducted a mission to Curitiba to monitor and investigate the situation forced evictions in this city. The local NGO Terra de Direitos and representatives of the Land Conflicts Group (National Forum of Urban Reform) have also participated. As a result, COHRE prepared a Report containing an overview of forced eviction situation & land conflicts in this region; a deep analysis of the local legislation and recommendations to the local government in order to undertake measures to prevent evictions.

2.2.3. Colombia Training and Seminars (organized and co-organized by COHRE)  Regional Meeting on New Trends Regarding Property Protection and Rights to Reparation for Victims of Violence (Pereira, 27-29 March 2008). This regional meeting served as a forum for displaced persons organisations to discuss the administrative process for regulating the reparation decree. The meeting was attended by 40 women representatives 8

from displaced people’s organisations. They were given training on housing, land and property restitution rights as applied to the reparation decree. Skills acquired in this meeting will further enhance these organisations work on issues relating to internal displacement.  Training Workshop for Civil Servants: (in conjunction with the Comisión Nacional de Reparación y Reconciliación [National Commission of Reparation and Reconciliation, CNRR], 10-11 July 2008). COHRE held a workshop for civil servant representatives responsible for the implementation of the national property restitution plan. A high level consultant group, including the CNRR Commissioner, worked on the development of a national restitution plan for Colombia. A workshop was held entitled ‘Land Restitution of Displaced People and Refugees in Colombia: International Experiences and Internal Challenges’. An expert on international law and transitional justice, lead the workshop with discussion on his experiences working on housing restitution during the BosnianHerzegovinian conflict. As a result of this meeting, participants agreed on a plan to bring together national and international experts to attend an international monitoring group meeting on development of a restitution plan in Colombia.  International Seminar on Victims and Reparation: On 22 October 2008, COHRE assisted the International Center for Transitional Justice and the Norwegian Refugee Council in organizing an international seminar entitled ‘Victims and Reparation: Integral Reparation from a rights-based approach’. Experts in restitution issues attended from Peru, Guatemala, Chile, Colombia, France and Spain. Participants provided specialist international observations of the land restitution process in Colombia.  Right to the City and Urban Land Regularization: On November COHRE carried out a workshop with 60 women and children of Altos de Cazuca (Colombia). As result COHRE joint FEDEVIVIENDA, FEDES and the communities’ leaders will propose a project for urban land regularization in 2009.

Advocacy and Litigation  National Repair and Reconciliation Comission (CNRR): COHRE has participated in some meetings of the Specialized Technical Committee of the National Repair and Reconciliation Commission (CNRR), which is responsible to formulate a Property Restitution National Plan. COHRE exposed the Pinheiro’s Principles and made proposals to its own implementation in Colombia. As a result an alliance between COHRE and CNRR was created to invite foreigner expertises to Colombia in restitution policies.  Alternative Spoliation Register: COHRE has participated in the formulation and creation of an “Alternative Spoliation Register” (ASR). The ASC consists on a Geographical Information System to inform on the abandoned and cleared lands conditions to the internal displacement people. A pilot experience of ASC has been implemented in San Onofre small town, in the north of Colombia and it will be evaluated in 2009.  UN Advocacy: COHRE carried out a parallel event in Colombia (Geneva, 12-19 March, 2008) and preparation of a NGO report for the UN High Commissioner for Human Rights and the United Nations Human Rights Council, for presentation at the Universal Periodic Review (UPR) on Colombia (2008). In May COHRE presented its report on Colombia to this round table discussion. In addition, COHRE contributed to the preparation of a document coordinated by the International Office for Human Rights - Action on Colombia (OIDHACO) to the UPR on Colombia, entitled: “Report of the Network of Member Organisations OIDHACO and other International Organisations for the Universal Periodical Review.” This report has been signed by 75 national and international organisations. Some 9

recommendation about Indigenous Rights and Restitution for displaced people were included in the HRC’s recommendations.

Litigation  Judicial Cases: COHRE assisted local lawyers to present two judicial claims. A protection claim to guarantee rights to land possession and community autonomy for indigenous people (Kogui, Wuiwa, Kuakamo, Arhuako) that had been violated when the national government authorized a port construction on the those communities lands to guarantee the previous consultation and the restitution of the lands to these indigenous people. This legal action was interposed on the 2nd of July 2008 and a protection process to guarantee the possession right and the restitution to displaced persons that are threatened by government constructions and taxes. Both claims are awaiting a final judgement.  Legal Assistance: At the Department of Antioquia and Dosquebradas City (Antioquia), COHRE - together with local partners - provided legal assistance to displaced families (most of them composed by Afro-descendant peoples and women) seeking the restitution of their houses and land. Although the government of Antioquia had not provided protection and shelter to these families from being displaced, it nevertheless obliged them to pay building taxes even after being evicted.

Publications and Campaigns  Campaign on the Pinheiro’s Principles: COHRE carried out a campaign to promote the Pinheiro Principles in Colombia as a means to achieve internationally recognized standards which guarantee the property restitution, land and housing rights among of the victims of forced displacement. The campaign’s materials includes: 7 radio announcements, 3000 posters and 3000 stickers and a 25 minutes film was created to analyse forced displacement as a violation of Human Rights, its socio-economical causes; and strategies to implement the Pinheiro´s Principles. Through this campaign the aim is to contribute in the formulation and implementation of public laws and policies to support the victims of internal displacement.

2.2.4. Ecuador Training and Seminars (organized and co-organized by COHRE)  National Seminar on Housing rights Habitat and Right to the City: In October COHRE assisted Urban Forum and Terranova carrying out the Workshop to discussing an Ecuatorian Agenda of Advocacy to implement New Constitution articles about right to the City. It was attended by 50 participants (social movements and NGO’s representatives) formed partnerships and built a network; the group also proposed a national agenda including the three issues discussed.  Tools for Urban Land Regularisation: In December COHRE assisted Ecuador Urban Forum to carry out a workshop about legal tools for urban land regularisation. 60 leaders of grassroots’ communities attended it. As result the participants decided submit a proposal of new legislation about Slum regularization to the City Hall of Quito.

Advocacy and Litigation  New Constitution: COHRE and local Ecuator’s networks prepared proposals for new Constitutional articles on the right to the city, housing rights and right to water; among 10

others. The proposal of the new text, agreed by the Constitutional Assembly, has been submitted to a national referendum on 28 September where the Ecuadorians have ratified it.

As a result, Ecuador now has the first Constitution in the world to recognise a) the right to the city; b) the right to adequate and dignified housing, c) a secure and healthy habitat, and d) the right to water and sanitation. By incorporating the Right to the City, the new Ecuadorian Constitution is a pioneer in terms of constitutional recognition of this specific right, which is related to democratic management of the urban area, to the full exercise of citizenship and to the social and environmental functions of both Property and the City itself (article 31).

2.2.5. Guatemala Training and Seminars (organized and co-organized by COHRE)  Workshop on Dam construction and Housing Rights: In October, COHRE, Rights Action and Front Against Dam held a workshop entitled "Dam and its impact on the Communities and Water" for 300 leaders from the Front Guatemalan threatened by displacement from construction of dams and protection of water for their communities. The communities were from the following regions of Guatemala: Petén, Ixcán, Zona Reina, Area Ixill, Lankin, Rabinal, Avocado, San Marcos, Area Chortí, Fray Bartolom attend this meeting.

The participants gained knowledge on how international human rights law can protect their land rights in cases of displacement caused by development projects.

Advocacy and Litigation  UN Advocacy: In April, COHRE presented a report on housing rights violations in Guatemala to the Office of the UN High Commissioner for Human Rights for use in documentation for the UN Human Rights Council First Universal Periodical Review. The HRC included two recommendations made by COHRE about human rights for members of indigenous communities and ensuring the protection of indigenous peoples’ rights and ensure the right of indigenous peoples to be consulted before traditional indigenous land is exploited (point 7b and 12 of Final Declaration).  Inter American Commission of Human Rights: In May, COHRE presented a Petition to the Inter-American Commission on Human Rights for the violation on human rights and forced eviction of 654 Maya-Achi indigenous families in Guatemala. The main purpose of this advocacy action is to bring this violation to the attention of regional organisms. This will build pressure upon the governments of Guatemala, Honduras and Mexico to give redress to victims and potential victims of development projects.

Publications and Research  Booklet on Housing Rights and Dam Project: In October, COHRE and Rights Action, a local partner, produced 2,000 copies of a booklet on “Cases and Strategies on juridical defence for affected communities by dam projects”. This publication raises awareness of land and housing rights to the local indigenous communities to provide them with legal techniques for the protection of their lands.  Booklet on Finca Buena Vista Case: COHRE produced 1000 booklets about the Case Finca Buena Vista. The booklet aims to provide information and raise awareness on the right to land and natural resources of indigenous communities, as well as to denounce violations of such rights and the strategies being adopted to remedy and prevent them. It focuses on the case of Buena Vista farm, municipality of Rabinal, Baja Verapaz, home of 654 Maya-Achí 11

families. The booklet will primarily be distributed to the Maya indigenous communities affected by the conflict at Buena Vista farm and will be used as a tool for legal advocacy and lobby envisaging a amicable or judicial solution for the case.

2.3. Regional Latin America Activities Training and Seminars (organized and co-organized by COHRE)  Forum on “The Right to the City for Latin-America”: In September COHRE, together with the Centro Cooperativo Sueco, Habitat International Coalition, Habitat for Humanity and Fundación Salvadoreña de Desarrollo y Vivienda Mínima (FUNDASAL), organized a Forum on “The Right to the City of Latin-America’s People” at the Universidad Centroamericana José Simeón Cañas, (El Salvador). Forty seven delegations made up of 222 people from Brazil, México, Argentina, Guatemala, Nicaragua, Honduras and El Salvador participated at the Forum. The representatives were from academic institutions, housing cooperatives, international cooperation organisations, grassroots movements, NGOs and universities.  Workshop at the Americas Social Forum: In October, CAP together with HIC-AL, Habitat for Humanity and the Brazilian National Forum for Urban Reform, organized a regional workshop on the Right to The City within the Americas Social Forum, in Guatemala.

The Forum was attended by 50 participants from diverse regional organizations and the general public. During the workshop issues were presented and analyzed on the Right to the City, including the recently new Constitution ratified by Ecuador. A regional agenda was devised setting priorities for the implementation of public policies and law reforms including the right to the city.

Advocacy and Litigation  Charter Agenda of the Human Right to the City: COHRE participated in the International Meeting of Expert Group held in France to promote the World Charter Agenda of Human Rights. As a result, the expert group discussed the first systematization of the Charter and strategies to submit before the International Network of Local Governments in 2010.  Regional Summit of Housing Ministries City of San Salvador (El Salvador): In September 2008 COHRE and HIC-LA, presented a joint statement and proposal for general guidelines on how to conceive and approach the right to the city in an integrated manner during the MINURVI Summit of 2008.It has been signed by more than 90 organizations and civil networks from 15 countries. The Declaration includes measures that should be adopted by the governments aiming at promoting and ensuring the Right to the City for all LatinAmerican inhabitants. The full version has received broad local media coverage in El Salvador, calling upon Latin-American authorities to acknowledge the lack of civil society participation in the decision making process evolving citizens matters.  Eviction Prevention and Protest Letters : During 2008, COHRE has produced and sent out 14 protest letters together with local partners to prevent the eviction of 9,778 families in the following countries: Argentina: (10 indigenous families in Jujuy, north of the country; ii) 60 families in Buenos Aires and San Juan. In this case, CAP provided juridical support and, as a result, the evictions have been suspended and the families received governmental subsidy (credit) to move; iii) the eviction of 15 Afro-descendent families in Buenos Aires to build a Cultural Centre, as a result, the eviction-order was suspended; iv) 80 families in Buenos Aires City, the evictions were suspended and in the meantime, the government is looking for a 12

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housing option for these families; v) 18 families of the community El Nogalito. In this particular case, the Judicial order was suspended and the Land’s Communities have been registered at the National Base of Native Communities. Brazil: i) 2,200 families in Piaui, north of the country; ii) 5,000 families in Manuas, Amazonia; iii) 1,000 families in Curitiba; iv) 100 families in Curitiba. In this case, the eviction has been suspended pending a new audience. Colombia: 9 families in Barrancabermeja: the decision to evict these families was suspended and the families received governmental subsidy for rental housing, food and sanitary services; ii) 8 families in Pereira: the protest letter referred to an implemented eviction for which we are still waiting for an official answer. Ecuador: i) 60 families in Quito: the protest letter referred to an implemented eviction. Venezuela: i) 1,000 families in Caracas, still waiting for a decision. Bolivia: i) 220 Families in Santa Cruz de la Sierra.

As a result, seven judicial eviction orders were suspended and two evicted communities could return to their houses and lands.

Universal Periodic Review: COHRE presented a report on the status of the right to housing and to land in Argentina, Brazil, Guatemala and Colombia to the Office of the UN High Commissioner for Human Rights for use in the preparation of documentation for the UN Human Rights Council First Universal Periodical Review. Some recommendations about indigenous land rights and restitution rights of displaced people were included in the Final recommendations of Human Right Council ILO – Covenant 169. In July, COHRE organised a workshop on the Preparation of the Petition presented to the International Labour Organization, detailing violations of Convention 169 on Indigenous and Tribal Peoples committed by the Brazilian State in Alcantara. COHRE organised a workshop for 37 participants to discuss the Petition to raise awareness to quilombos communities about their rights.

Right to Water Advocacy (Jointly with RWP): In March, CAP jointly the Right to Water Programme has carried out advocacy for the approval of a Resolution in the UN Human Rights Council for the designation of a Special Rapporteur on the right to water and sanitation. CAP has sent letters to Foreign Ministries of Mexico, Bolivia, Uruguay Equator and Brazil, in this last case jointly a group of NGO’s and social movements. CAP has also sent model letters to NGO`s in the mentioned countries so that they could also lobby governments.

Publications and Research  Publication on the World Charter of the Right to the City: In December COHRE published 1,000 Booklets on the World Charter of the Right to the City in Spanish and Portuguese promoting awareness of the Right to the City for policy- makers, grassroots groups, social movements and academics. The booklets have been widely distributed at the World Social Forum held in Belem do Pará, Brazil and will be available in other regional meetings like the “Regional Workshop on the Right to the City” in October, 2009.  Newsletter on “Housing Rights and the Right to the City in Latin America”: CAP produces a bi-monthly newsletter “Housing Rights and Right to the City in Latin America”.

Five editions of this regional electronic newsletter have been produced in Spanish, Portuguese and English. All versions have been disseminated through CAP’s mailing list of more than 8000 regional and international contacts. The Bulletin includes articles from COHRE staff and other experts in the field of housing rights.

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3. ASIA-PACIFIC PROGRAMME (CAPP) In 2008, COHRE worked successfully across eight countries in the Asia-Pacific region, as well as a range of regional activities. The impact of COHRE’s work in 2008 included: halting forced evictions in Sri Lanka and Philippines; significantly improving outcomes for communities threatened with eviction in Cambodia; improving law and policy in Cambodia and Sri Lanka; assisting local organisations to access UN Mechanisms in Cambodia, Sri Lanka and the Philippines; and building the capacity of our partners in every country focus country through training. COHRE now maintains offices in Phnom Penh, Cambodia, and Colombo, Sri Lanka.

Challenges faced by CAPP in 2008 included: Weak legal systems and adherence to the rule of law, and poor implementation of human rights obligations domestically making legal advocacy for housing rights difficult in many Asian countries, notably Cambodia, Indonesia, East Timor.

Decreasing political space in a number of countries where COHRE is working have made community mobilisation and advocacy more difficult, including in Cambodia, Burma and Sri Lanka. The key challenge for CAPP in 2008 was the continuing uncertainty regarding financial support from the Finland Ministry of Foreign Affairs, historically the most significant donor to the program -- constituting, on average, 50% of program’s the annual budget. Turnover among staff over the past 3 years in CAPP has also presented a challenge, since so much of COHRE’s work relies on relationships with partners. The 2007 move to Cambodia unfortunately resulted in more staff turnover. The funding situation at the end of 2008 will unfortunately result in a significant reduction in staff.

3.1. Key focus country activities 3.1.1. Cambodia Evictions and forcible confiscation of land continue to rank as one of Cambodia's most pervasive human rights problems, with more than 150,000 Cambodians currently living under threat of forced eviction, including approximately 70,000 in Phnom Penh. In 2008, COHRE’s work in Cambodia focused on securing tenure for communities living in Phnom Penh, notably through halting forced evictions, and on improving the national legislative and policy framework on housing rights. In this work, COHRE has collaborated closely with the secretariat and membership of the Housing Rights Taskforce, a coalition of local and international NGOs in Cambodia, and other local partners.

Training Programme: The Community Guide on Resisting Forced Displacement COHRE, working with Bridges Across Borders South East Asia (BABSEA) and the International Accountability Project (IAP), developed and implemented a comprehensive training programme for NGOs and on the rights, risks and resistance strategies related to development-induced displacement. The programme included the development of training curriculum and the production of a training manual, training of local trainers on how to use the manual and facilitate interactive community training sessions, and the training of several at-risk communities by the local trainers with support from COHRE and partners. Topics covered in the first volume of the training manual include relevant international human rights law, national laws, document collection and legal, political and media advocacy.

COHRE and partners conducted the following training sessions as part of this programme:  21-24 July 2008: A four-day Training of Trainers session (ToT) for approximately 20 members of key Cambodian NGOs working on housing rights, predominantly in Phnom 14

Penh. The training focused on use of the curriculum and practical training skills in relation to international law on housing rights, local land law, and strategies for protecting your rights.  25-28 August 2008: A four-day ToT for 20 members of key Cambodian NGOs, and some key community leaders (with approximately half of the participants in common with the first ToT). The training focused on using a human rights approach to negotiation with governments about eviction, compensation and resettlement.  10-12 September: A three-day community training on international and domestic law on housing and land rights, and claiming your rights. There were more than 20 participants from nine communities threatened with eviction around Boeung Kak lake, in Phnom Penh. The training was conducted by COHRE, BABSEA and selected participants from the first ToT.  22-24 September: A three-day community training on international and domestic law on housing and land rights, and claiming your rights. There were 29 participants from 11 communities threatened with eviction or already evicted in Sihanoukville.

This training programme has already had the effect of dramatically increasing the capacity of local partners to provide participatory, effective training to communities. COHRE has observed and has received feedback about this improvement. Other COHRE partners have already been able to use the curriculum and the skills learnt in the ToTs to conduct additional community training sessions with threatened communities.

The impact of training of this kind of communities will generally be medium to long term.

However, COHRE has some anecdotal evidence of an immediate impact on affected communities around Boeung Kak lake.

“Bopha” is a resident of Boeung Kok lake, Phnom Penh. The lake is being filled and developed by a private company, which will lead to the displacement of almost 4000 families. In November 2009, after several months of filling of the lake, Bopha’s house began to collapse. She was originally offered USD 7000 compensation to move from the house.

She refused, asking for $50,000. After several negotiation sessions with local officials, the offer of compensation was increased to $30,000. When asked why she thought she was able to get on offer several times greater than originally offered, Bopha pointed to the fact that she had been trained in her rights under domestic law by COHRE and partners, and was able to refer to them in meeting with government officials; as well as to ongoing support from NGOs like COHRE. At time of writing, negotiations were continuing, and Bopha and family remained in situ.

Research and advocacy on individual evictions cases In 2008, COHRE continued to work with communities and local partners in support of coordinated advocacy strategies on a number of key eviction cases, mostly in Phnom Penh. These cases included the threatened eviction of the Boeung Kok, Group 78 and Dey Krahorm,]. This research and advocacy complements COHRE’s training and capacity building work.

On Boeung Kak, COHRE has worked with partner organizations to: • Assist with the development of an Environmental Impact Assessment of the project by finding an Australian engineer to advise on this matter pro bono (including a visit to Phnom Penh); • Support the mapping and surveying of the villagers fearing eviction which will contribute to a Social Impact Assessment and assist the community in its advocacy and negotiations; 15

• • •

Support the hiring of a private lawyer by the community to bring legal action against the company, both at first instance and appellate level; Provide an independent expert legal opinion on the legality of the lease signed between the government and company for the development of the lake; Be one of the leading public voices against the eviction, particularly through the local and international media.

On other cases, COHRE’s activities include the following:  In February, COHRE released a joint statement with Amnesty International, Human Rights Watch and FIDH on forced evictions in Cambodia. The groups conducted a media conference at the Andoung relocation site, outside Phnom Penh.  COHRE has sent protest letters in more than five cases to government officials.  COHRE has released a number of media statements about threatened evictions with partner organisations.  In March, COHRE participated in a day of site visits to Tonle Bassac communities threatened with eviction for a number of key bilateral aid agency personnel and provided information about each of the cases.  In April and June 2008, COHRE and HRTF carried out community assessment visits to Sihanoukville, Kampot and Koh Kong and develop strategies for resistance and advocacy together with threatened communities there.  COHRE released a legal analysis of the Dey Krahorm threatened eviction.  In December, COHRE organised a community event with the Dey Krahorm community, recognising the contribution made by community leader Chan Vichet, who was nominated for a COHRE Defender Award in 2008.

COHRE also plays a major role in meetings of the Housing Rights Taskforce, focusing on eviction advocacy and organising strategy.

Given the difficult environment in Cambodia, where prevention of evictions is difficult, impact can on occasions be difficult to measure. However, COHRE has observed that communities threatened with eviction in Phnom Penh are achieving much better outcomes because of intervention by COHRE and partners. Group 78, one threatened community, not only remains in place more than two years after a neighbouring community was evicted, but is now being offered ten times as much compensation as they were before NGO intervention. Dey Krahom community has recently resisted another eviction notice, and are negotiating successfully to get better compensation.

Research and advocacy on national policy The Committee on Economic, Social and Cultural Rights (CESCR) will review the State of Cambodia on its implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in May 2009. As part of an existing joint effort by Cambodian civil society to develop a comprehensive shadow report for CESCR, COHRE has been working to coordinate the NGOs working on housing and land issues. In September 2008, COHRE delivered a successful training workshop to more than 75 local NGOs, activists and community leaders in Phnom Penh working across all economic, social and cultural rights.

As a result the group made a detailed submission to the Committee for the pre-sessional Working Group in November, which provided the Committee with a detailed account of the problems of housing and land and other economic, social and cultural rights and proposed questions to put to 16

the State. COHRE staff representatives presented at the pre-sessional Working Group held in Geneva in November 2008.

After the submission to the CESCR, the Committee included a number of pertinent housing rights questions in its list of issues presented to the government, which will make the review of the government more productive in 2009. COHRE will continue to work with partners on a full shadow report submission to the CESCR, which will hold its session on Cambodia in May 2009.

Forced Evictions Monitoring and Reporting Project COHRE trained and worked with local NGOs to compile a comprehensive database of actual and threatened forced evictions in Phnom Penh in 2008. Once the verification process is completed a 2008 Evictions Report, including the database information and a brief social and legal analysis of the situation, will be produced and distributed widely. This work will improve the quality of advocacy efforts of housing rights groups by providing quantitative and qualitative data, as well as a baseline for measuring changes and patterns in the number and circumstances of forced evictions over time.

Advocacy in relation to the Land Management and Administration Project (LMAP) COHRE and partners initiated an advocacy campaign in relation to the failure of the World Bank and bilateral donor funded Management and Administration Project (LMAP) project - a major titling and registration system – to achieve its stated aim of improving security of tenure of poor and vulnerable communities. Following several meetings with World Bank officials, in late 2008, COHRE contributed to a significant report entitled: The Land Management and Administration Project: Failing Cambodia’s Poor which contains concrete concerns and recommendations to donors and government. The report will be presented to donors at the biannual supervision meeting of LMAP in January 2009.

While it is too early to assess concrete impacts of these advocacy efforts, donor staff, including key World Bank personnel have welcomed the information which they intend to use to influence the relevant government Ministries implementing the project.

Legal analysis and related advocacy on resettlement sub decree COHRE continues to work with local partners to lobby for the revision of the Draft Sub Decree on Addressing Socio-Economic Impacts caused by State Development Projects. The sub-decree was drafted with the assistance of the Asia Development Bank (ADB), and has in its original and subsequent drafts failed to meet international law and best practice standards.

In late 2007 and early 2008 COHRE supported a significant consultation process with communities throughout Cambodia, which fed into national workshops and proposed changes to the sub decree. COHRE contributed significantly to the NGO submission to the government on the second draft sub-decree. In January 2008, COHRE gave presentations jointly with a key Cambodian NGO, as representatives of civil society, on the major problems with the draft subdecree at public meetings, as well as in meeting with the government and ADB. In March, COHRE also directly lobbied the ADB through strategic meetings at its headquarters in Manila.

COHRE met with the ADB country office in October and November 2008 to request information on the progress of the sub-decree.

As a result of the comprehensive consultations and submissions by COHRE and its local partners, the sub-decree was not promulgated in its inadequate draft form. COHRE will continue 17

to monitor the progress of the sub-decree and advocate for its promulgation in a revised form that adequately protects people who face resettlement.

Publication and Film In November 2008 COHRE released a publication entitled “Title Through Possession or Title through Position?: Respect for Housing, Land and Property Rights in Cambodia.” The report provides an overview of the current situation with regard to housing and land rights in Cambodia including current legal and political parameters for implementing these rights, and provides recommendations to international and domestic actors for furthering respect for housing and land rights. It has been distributed to local partners and donors in Cambodia.

COHRE produced a 45 minute documentary film, “Cambodia for Sale: Stop Evictions!” focusing on evictions in Phnom Penh. The film will be launched in early 2009 and distributed nationally and internationally.

3.1.2. The Philippines Shadow reporting to CESCR COHRE’s work in the Philippines for 2008 focused primarily on United Nations treaty body advocacy. COHRE supported the NGO Network on the ESC Alternative Report and particularly the Right to Housing Cluster in the coordination, preparation and delivery of a comprehensive shadow report to the United Nations Committee on Economic, Social and Cultural Rights in October 2008. This process involved detailed expert research, review by a working group of NGOs (including COHRE) and public regional consultations. COHRE also provided a separate written comment to the Committee.

In November 2008, COHRE facilitated the attendance of a housing rights activist from Manila to the 41st session of the Committee on Economic, Social and Cultural Rights (CESCCR) in Geneva. COHRE and the partner delegate attended the State Party review of the Philippines by the Committee on 11 and 12 November 2008, and briefed committee members in a number of other forums.

The result of the two year long process was a very positive and fruitful one. The Committee’s Concluding Observations, released in December 2008, made extensive reference to the shadow report – including in relation to the continued prevalence of slums; the low budgetary allocations to housing programmes; and the incidence of forced evictions. The Committee made specific recommendations similar to those made by the NGO groups.

With the release of the Concluding Observations by the Committee, COHRE and members of civil society have made plans for domestic lobbying through forums and dialogue with the various government agencies, the legislature and judiciary for the implementation of these recommendations in the short and long-term periods. The process used in Philippines is being used as a model for CESCR intervention by NGOs elsewhere in the region.

Advocacy on forced evictions COHRE continues to intervene in specific eviction cases in conjunction with partners. In 2008, COHRE and partners halted indefinitely an eviction at the Baclaran Mosque in Manila.

COHRE’s particular role was to raise the case at the Human Rights Council UPR session of the Philippines in Geneva on the day that the eviction was scheduled to take place, a fact which was publicised in Manila as part of local partners’ campaign.

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3.1.3. Indonesia In Indonesia, COHRE has focused on urban eviction in Jakarta, on providing key training to institutions such as the National Human Rights Commission, and on the continuing plight of those displaced and at risk from the mudflow disaster in Sidoarjo, East Java (see the GFEP section of this report).

Training on ESC Rights Indicators for Komnas HAM. In April and May 2008, COHRE conducted four training session for the Indonesian Human Rights Commission (Komnas HAM), in conjunction with the Norwegian Centre for Human Rights. The sessions were designed to assist Komnas Ham in their project to develop human rights indicators for Indonesia, as a key aspect of Komnas Ham’s role in monitoring Indonesia’s compliance with its human rights obligations.

The details of the four training sessions were as follows: • Bokor (near Jakarta), 21-22 April: 20 participants from key national institutions based in Jakarta, including Komnas Ham, University of Indonesia, Centre for Human Rights Study, National Statistics Departments, and some NGOs. • Padang (23-25 April): 20 participants from Western Indonesia, including Sumatra, Aceh, and Java. Participants included regional Komnas HAM members, University Lecturers, other government officials and some NGOs. • Makassar (12-14 May): 20 participants from Eastern Indonesia, including Makassar, Maluku and Papua. Participants included regional Komnas HAM members, University Lecturers, other government officials and some NGOs. • Jakarta (16 May): 5 participants from the monitoring section of Komnas Ham, which will have responsibility for carrying the indicators project forward.

In all sessions, women were approximately 50% of participants, and participation from women was very high. Each session included detailed training on ESC Rights (and the right to adequate housing in particular); an introduction to human rights indicators and methods to develop them; and means of collecting data for indicators. As a result of the training, Komnas HAM is now drafting indicators for the right to adequate housing and to food, as a first step in the development of comprehensive human rights indicators for Indonesia.

Urban evictions in Jakarta In August 2008 COHRE organized a Training and Planning Meeting on Urban Evictions with partners the Indonesian Legal Aid Foundation (YLBHI) and Jakarta Legal Aid Institute (LBH) and Urban Poor Consortium (UPC). The training focused on international housing rights standards and evictions and international practices, domestic standards as upheld in legislation and practices, advocacy approaches at regional, national and international level. The training was attended by 24 participants (18 men and six women), representing 14 NGOs from Jakarta and four communities. Of the total participants there were six women and eighteen men.

Participants identified the key issues on evictions in Jakarta and developed an advocacy brief and a media release to present to government representatives and the media. There were also sessions on advocacy planning, participants discussed ways forward including agreeing to set up a housing rights network in Jakarta to improve coordination and strategising on evictions and housing rights issues.

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The Meeting with the Government representatives was held on August 26th in Jakarta.

Government representatives came from Provincial Government of Jakarta and Municipal offices across Jakarta. Participants presented the advocacy paper, and government representatives were also allocated time to present their perspectives. There were heated discussions, but the outcome was positive as the government requested that there be future dialogue and expressed interest in being involved in some similar kind of workshop/ training on housing rights issues.

3.1.4. Burma In 2008, COHRE continued to focus on the rights of the more than one million displaced Burmese, in particular their rights to housing, land and property restitution. COHRE is working to develop and strengthen a network of Burmese organisations working along the Thai/Burma border area and inside Burma, and with relevant international stakeholders.

Seminar on ‘Housing, Land and Property Rights in a Democratic Burma’ In January 2008, COHRE, in conjunction with local partner the Network for Environmental and Economic Development (NEED), organized a seminar entitled ‘Housing, Land and Property Rights in a Democratic Burma’. This three-day meeting, held in Chiang Mai, Thailand, was attended by over forty members of key Burmese NGOs, Ethnic Nationalities Groups, youth, student and women’s groups, as well as a small number of key international experts on Burma and HLP restitution. The seminar led to the development of concrete plans regarding documentation and mapping of HLP Rights violations, community mobilisation, legal and policy development, and advocacy.

The result of the meeting was the formation of the Burma Housing Land and Property Rights Initiative (Burma HLPRI), which provides an important focal point for Burmese groups working on land and housing rights in Thailand and across the Thai-Burma border. The HLPRI is directed by a steering committee made up of entirely of Burmese organisations. Since its formation, with COHRE’s support, the HLPRI has organised trainings sessions for local NGOs on HLP Rights, distributed simple documents on HLP Rights in three languages, and lobbied stakeholders to raise the profile of HLP Rights.

Training of Trainers Workshop In October 2008, COHRE, together with the Burma HLPRI and NEED, organized a 4-day Training of Trainers Workshop in Chiang Mai, Thailand. Representatives from 12 Burmese organisations participated in the workshop. The workshop deepened the participants’ knowledge of HLP rights, equipped them with training techniques, and ways to ensure these rights. The workshop also enabled participants to train their respective organizations, local communities and other activists on HLP Rights.

Production and translation of key housing rights documents In May 2008, COHRE produced a leaflet entitled ‘Everyone has the right to return home’. This pamphlet explains in simple terms the right to return, and the right to housing, land and property restitution in Burma – taking into account displacement caused by conflict and development, as well as natural disasters such as Cyclone Nargis. The leaflet has been translated into Burmese and Karen through the Burma HLPRI. The leaflet has been distributed widely through the HLPRI network, including in Karen areas affected by the cyclone Nargis. It is available at www.cohre.org/burma.

Response to Cyclone Nargis 20

In response to the cyclone Nargis COHRE issued a statement and an opinion piece, which was printed in the influential online newspaper the Irrawaddy. COHRE has provided local partners who are undertaking assessments in the affected areas of the Irrawaddy Delta with key questions to ask in assessing to HLP rights impacts of the cyclone. These questions significantly improved the housing rights aspects of an alternative assessment of the cyclone, released by COHRE’s partners. These publications are available at www.cohre.org/burma.

3.1.5. Additional country activities 3.1.5.1. East Timor Nearly ten years after their historic vote for independence from Indonesia, the people of TimorLeste continue to face a number of significant housing rights challenges, including displacement because of political conflict, chronic lack of security of tenure, and weak legal regulation of land.

In order to address these concerns, COHRE hosted a workshop and training on housing rights; supported the formal establishment of the Housing Rights Network; and provided human rights analyses of draft land laws and policies and of actions and proposed actions of the government with regard to development projects with potential displacement impacts. COHRE directly lobbied the government on a number of these issues and supported advocacy efforts of NGO partners.

Housing Rights Workshop and the Housing Rights Network of East Timor In May 2008, COHRE with its local partner Forum Tau Matan (FTM) held a two day workshop in Maubara, East Timor. The workshop brought together twenty members of local and international NGOs, including members of the housing rights network. The workshop sessions included interactive training on the right to adequate housing and forced evictions including relevant national laws; presentations by government representatives on the National Recovery Strategy for IDPs and on the land titling and registration programme; group strategy development to address priority housing rights issues; and a discussion on the new housing rights network including its activities, structure and formalisation.

As a result of the workshop, in August 2008, the Housing Rights Network (RDU-TL) was formally established by the signing by key organisations of the Statute of the RDU-TL. The role of the Secretariat is to organise monthly meetings, organise training workshops and seminars on housing rights, call for meetings of the membership as required, lobby the government for access to information concerning the housing program and policies, circulate relevant information to all members and manage funding from donors and reporting to members. This important network has emerged as a direct result of COHRE’s intervention. It will, however, require substantial support to strengthen its capacity in coming years.

Human Rights and Legal Analysis and Advocacy COHRE conducted human rights and legal analyses and advocacy on the following: • The Policy Framework for a Transitional Land Law for East Timor; • The Strengthening Property Rights Programme (for land registration and titling); • The Memorandum of Understanding for a large economic land concession between the Government of Timor-Leste and GTLeste Biotech (a private company) for sugarcane plantations; and • The potential displacement impacts of the construction of a gas pipeline and related infrastructure (a gas liquefaction and LNG shipping facility) on the southern shore of Timor-Leste.

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These analyses assisted local partners in lobbying government for policy reforms consistent with human rights principles, as well as providing assistance to government and consultants directly about the human rights impacts of their work.

3.1.5.2. Bhutan COHRE renewed its work in Bhutan in 2008 with special focus on strengthening housing, land and property (HLP) restitution rights for the Bhutanese refugees and displaced persons.

Through missions, publications and high-level meetings, COHRE has put the question of restitution for displaced persons back on the international agenda – which is particularly important as third-country resettlement of refugees begins.

Fact-finding Missions COHRE undertook two fact-finding missions to Bhutan in 2008. The first mission was conducted from 24 December 2007 to 16 January 2008, to Kathmandu and the refugee camps in Jhapa District of eastern Nepal. The objective of the mission was to gain in-depth understanding of the refugee’s perspectives on housing, land and property restitution in Bhutan; and to identify partners and relevant stakeholders on promoting the right to HLP restitution for Bhutanese refugees. COHRE met with refugees, refugee human rights and political groups, UNHCR, IOM and other international NGOs. COHRE undertook a second fact-finding mission between 17 and 29 February 2008. The objectives of the second mission were to identify tangible steps towards the realisation of the Housing Land Property (HLP) Restitution; and to build awareness among the refugee communities and the international community on the “Pinheiro Principles”.

COHRE visited Kathmandu, the Bhutanese refugee camps in Jhapa District in Eastern Nepal, the Duars region in West Bengal, India (including the Indo-Bhutan border towns of Jaigaon and Phuentsholing), and villages in Samchi district of Southern Bhutan. COHRE also meet Core Group States’ representatives in Nepal, including Australia, Canada, Denmark, New Zealand, Norway and the United States, as well as officials from the Ministry of Home, National Coordination Unit for Refugees Affairs (NUCRA). COHRE carried out several training sessions on HLP restitution and the Pinheiro Principles for the refugees in the camps and local community based organizations in eastern Nepal.

COHRE produced four publications on the right to housing, land and property restitution for the Bhutanese refugees and displaced persons and distributed them to the refugees, refugee human rights and political groups, UNHCR, core working group representatives, government officials, national and international NGOs, and the general public.

A report entitled Hoping to Return Home: Housing Land and Property Restitution Rights for the Bhutanese Refugees and Displaced Persons. The report comprehensively outlines the problems and challenges associated with housing, land and property restitution for Bhutanese refugees and displaced persons and sets out concrete recommendations to work towards housing, land and property restitution. Of particular importance is the collection and storage of documentation of land use and land ownership of the refugees in Bhutan before their displacement.

A booklet containing the UN Principles on Housing and Property Restitution for Refugees and Displaced Persons (‘Pinheiro Principles’), published in English and Nepali.

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1. A booklet entitled Hoping to Return Home: Applying the Pinheiro Principles for Bhutanese Refugees and Displaced Persons, published in English and Nepali. This booklet explains the Pinheiro Principles in the context of the Bhutanese situation in a detailed and sophisticated manner.

2. A leaflet entitled Everyone Has The Right to Return To Their Homes in Bhutan, published in Nepali (limited number of copies in English). This is an easy-to-use leaflet explaining the right to return and housing, land and property restitution in clear and simple language.

The publications have been distributed among the refugees residing in the camps, as well as with UN key agencies and governments in Geneva.

Following COHRE’s missions and publications, COHRE held a number of high-level meetings to promote HLP restitution and development concrete plans for the future. In June 2008, COHRE met with UNHCR, UN Office of the High Commissioner for Human Rights. In September 2008, COHRE met with the core group countries in Geneva. The result of these meetings has been to put restitution rights to Bhutanese refugees on the international agenda, and to discuss ways in which this can be realized, including the documentation of land and housing claims of displaced peoples in the camps, and after resettlement. COHRE hopes to continue this work in 2009.

3.1.5.3. Pacific region (Vanuatu) In January 2008, COHRE conducted an assessment mission to Port Vila, Vanuatu. COHRE held consultations with NGOs and government representatives, visited communities in and around Port Vila. COHRE observed that the major housing and land rights issues in Vanuatu relate to the incompatibility of customary laws with introduced Western land systems and non-inclusive economic development, leading to poor housing conditions in crowded urban settlements, unplanned growth in peri-urban settlements and insecure tenure.

COHRE had intended to conduct a training session later in 2009 with local partners identified on this mission. However, due to the unavailability of the key consultant due to ill-health, and the difficulty in otherwise organising the activity from Cambodia, the training was cancelled. Due to these ongoing difficulties, COHRE has decided to suspend work on Vanuatu and the Pacific region for the foreseeable future.

3.2. Regional activities Monitoring and research COHRE continues to monitor the housing rights situation regionally. COHRE issues protest letters, urgent action appeals and media releases in close cooperation with GFEP. These urgent action appeals are used by partner organisations in varying ways to strengthen their advocacy efforts. For more details, see the GFEP section of this report.

Capacity building, networking and training COHRE continues to work regionally to raise the profile of housing rights, and to collaborate with other regional and international organisations. A particular focus of COHRE’s work in 2008 was on the ASEAN regional human rights mechanism drafting process.

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ASEAN Human Rights Mechanism In November 2007, the ten member States of the Association of South East Asian Nations (ASEAN) signed the ASEAN Charter, which for the first time gives ASEAN a legal framework, and which obliges the setting up of an ASEAN Human Rights Body for the promotion and protection of human rights in the region, to operate under terms of reference (TOR) to be determined by the ASEAN Foreign Ministers Meeting. In July 2008, ASEAN Governments appointed a High Level Panel tasked with drafting the TOR for the Human Rights Body. The drafting process is expected to be completed in December 2009.

Since the nomination of the Panel, civil society organisations from across the ASEAN region have come together under the umbrella of a joint task force in order to advocate for the inclusion of international human rights standards in the TOR. The joint task force has been accepted as one of the main stakeholders for regular consultation by the High Level Panel and regularly attends meetings with Panel members to discuss the development of the TOR and to raise concerns of civil society organisations.

Since August 2008, COHRE has been actively involved in the joint task force, as the thematic focal point for housing and ESC rights. COHRE attended the 2nd regional consultation of the task force in August 2008 in Jakarta. At this meeting, attended by about 45 national and regional civil society organisations from across the region, task force members agreed on a joint plan of action and drafted a submission to the High Level Panel on the TOR for the ASEAN Human Rights Body. COHRE has since participated in the drafting a second submission to the High Level Panel on the TOR. COHRE’s intervention has improved the standard of submissions made to the High Level Panel, reflecting our global expertise in the use of regional and international human rights mechanism.

3.3. Litigation and Advocacy Asia Development Bank Draft Safeguard Policy Statement analysis and advocacy In early 2008 the ADB invited COHRE to the consultation meeting on the draft of the ADB Safeguard Policy Statement held in Hanoi in March. COHRE carried out a thorough human rights analysis of the Draft Safeguard Policy Statement. Based on this analysis, COHRE concluded that the weakening of ADB safeguards in terms of involuntary displacement and resettlement of households as a result of ADB sponsored projects would be so severe if the draft were adopted that it required substantial revision before any constructive consultation could take place.

In a letter of 22 February, COHRE provided the ADB with the human rights analysis and encouraged the ADB to postpone the consultation meeting until a revised version was prepared.

In doing so COHRE joined over 70 NGOs and other organizations in declining the invitation to attend the consultation meeting.

These combined advocacy efforts led to the substantial redrafting of the policy, and to a significant alternation of the consultation process. This process is ongoing.

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4. SRI LANKA In 2008 COHRE achieved a number of notable successes, including the prevention of forced evictions and successful policy advocacy, and has developed a number of new initiatives and partnerships. While the resurgence in conflict has made building links with organisations and communities in the affected parts of the country more difficult, COHRE has made special efforts to work in the East of the country, which has recently come under full government control.

COHRE continued to pursue a multi-front strategy combining policy development, legal reform, and increasing awareness through legal services. This work is vital to not only increasing access to justice for those who have suffered housing, land and property violations, but also integrating international housing, land and property (HLP) rights standards into domestic policy.

4.1. Return and Restitution of Internally Displaced Persons (IDPs) Since early 2007, the increasing violence in the North and East of Sri Lanka has resulted in a large number of people being displaced and some re-displaced. With over 300,000 people in various stages of displacement, return and resettlement, there have been increasing concerns that efforts to ‘resettle’ the displaced have violated international standards. COHRE partnered with UNHCR and other agencies to advocate for the right to return voluntarily, in safety, dignity, and security.

COHRE is also a member of the IDP Protection Working Group hosted by UNHCR and has used this position to advocate for the adoption of the Pinheiro Principles by other organizations, as well as protection advocacy strategies and the incorporation of a human rights based approach to humanitarian response.

COHRE has focused most of its work in 2008 on advocating for the development of a National Restitution Policy, using information gathered in 2007 through a series of consultation workshops and a pilot survey of restitution issues in Mannar. The Ministry of Resettlement and Disaster Relief is now in the process of formulation a national policy on resettlement. COHRE entered into partnership with the Ministry of Resettlement and Disaster Relief, UNHCR, and UNOPS to conduct survey of 382 households on return and restitution patterns and issues in Trincomalee and Batticaloa, where over 300,000 IDPs are being returned and resettled. The survey was a qualitative study, using a mix of quantitative and qualitative questions and indicators to assess the current return assistance given to IDPs in Trincomalee and Batticaloa against a rights-based approach to HLP restitution for IDPs in Sri Lanka.

The information gathered was used to produce a detailed report (due to be released in early 2009) on restitution challenges and recommendations for the National Restitution Policy. COHRE will also use the report to advocate for current and future returns in the East to be in line with human rights obligations and to help set good precedents that can be followed in other areas of the country, particularly the Northern District.

COHRE has also taken up the increasingly severe issue of displacement due to High Security Zones (HSZ). COHRE’s survey of IDPs also formed the basis of a report on HSZ and the right to adequate housing (due to be released in early 2009), that will be used to lobby for changes in current policies and for securing remedies for those evicted from their lands due to HSZs.

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4.2. Legal Services COHRE’s legal services work has focused on training and development on the right to adequate housing with local NGOs as well as providing legal advice to victims of housing rights violations and other organisations working with grassroots communities. These trainings (outlined in more detail in the Trainings, Workshops and Seminars section) provided a trusted link to grassroots communities through which COHRE is able to identify victims of housing rights violations and offer legal assistance.

COHRE continued to provide select legal services both to individuals and organisations in Sri Lanka. In March, COHRE supplied deed and titling assistance to the Belgium Red Cross in order to help preserve the security of tenure of residents in a Kalutura tsunami relocation sight. The advice has resulted in a stronger understanding of the need for proper deeds and titles in all Red Cross housing sites and has fostered a growing relationship between COHRE and the Red Cross.

COHRE continued to pursue litigation in 2008, although the current climate of conflict makes it very difficult to achieve redress through the court systems. In early 2008, COHRE filed a case on behalf of local fishermen in Puttlam who have been forced off their traditional fishing grounds.

COHRE hopes the case, which will be heard later this year, will shed light and help reform the way in which the government allocates state lands. COHRE also supported litigation to prevent the forced eviction of an informal settlement in Colombo 14 and residents of 11 tsunami camps in Moratuwa and Ratmalana.

Through partnership with the People’s Planning Commission (PPC) and other partners, COHRE has: consulted with clients from tsunami camps in Colombo; tsunami victims in Moratuwa, Kalutura and Ratmalana who were denied assistance because they were tenants and not land owners; consulted with tsunami affected persons in Panadura who have been denied new houses; advised a group of persons in Kerawalapitiya in relation to government interference with their lands; and advised tsunami affected groups in Negombo on overcoming opposition of a host community to their resettlement on state lands in the area.

In early 2008, COHRE made submissions in a Supreme Court case. The President of Sri Lanka referred a question to the Supreme Court regarding whether Sri Lanka’s legal framework protected rights under the International Covenant on Civil and Political Rights (ICCPR).

COHRE’s submissions focused on gaps in compliance with the ICCPR and put forward recommendations to meet compliance. While the court decision found that the government was in full compliance, the reasons addressed COHRE’s submissions and will be used in future cases to address advocacy points.

4.3. Monitoring of Housing, Land and Property Rights COHRE systematically monitors HLP rights issues in Sri Lanka and is using this information to advocate for HLP rights and to build the capacity and knowledge base of other organisations.

The results of the monitoring programme from 2007 were compiled a final report called “The Status of HLP Rights in Sri Lanka 2007.” This report is a seminal work on housing rights violations in Sri Lanka and will be distributed domestically and internationally to supply accurate and up to date information for use in advocacy, policy reform, and future development programming. Monitoring for the 2009 publication was carried out in partnership with groups throughout.

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COHRE Newsletter In 2008, COHRE published four newsletters on housing rights issues in Sri Lanka and around the Asia-Pacific regions (available at www.cohre.org/srilanka). The newsletters are designed to give updates on the issues that COHRE is working on, as well as to raise awareness more generally on housing, land and property issues in Sri Lanka and around the Asia-Pacific. COHRE produces 500 hardcopies of each newsletter and broadly disseminates them nationally to government and UN agencies, local and international NGOs, universities, grassroots organizations, and to anyone with interest through print as well as the internet.

Resource Centre COHRE has further expanded our substantial Resource Centre which provides a broad range of publications on International and Domestic Housing, Land and Property laws and policies. The Resource Centre is open to the public and COHRE has been actively encouraging various international and national agencies to take advantage of it. The Resource Centre houses over 600 publications, is equipped with an internet connected computer for online searches. A searchable database of housing rights violations in Sri Lanka is in the final development phase.

4.4. Law and Policy Reform Women and Housing Rights COHRE’s Women and Housing Rights Programme is active in not only incorporating gender sensitivity into all of COHRE projects but also in pursuing other policy reform initiatives specific to gender discrimination in Sri Lanka, as well as conducting trainings, advocacy campaigns and fact finding missions.

COHRE is in the final stages of a long-term lobbying campaign to allow joint ownership of state dispensed land. Currently, the policy is that land is conferred to only one person. Having successfully lobbied the Attorney General on the issue, COHRE is now using the Attorney General’s opinion to help the Land Commissioner’s Office develop new policies that will allow joint ownership of state lands. This is a significant and very concrete victory for policy reform that has the potential to reach thousands of families COHRE initiated a sociological study on the Head of the Household concept to complement its current campaign to abolish the concept. The report on the origins and use of the concept will be used to advocate for more gender sensitive policies. COHRE visited the Georgetown University Law Centre and the Brookings Institution in Washington DC to discuss collaboration on the Head of the Household research. Plans are being developed for these institutions to send researchers to Sri Lanka to complement COHRE’s work and to engage with the government.

In October COHRE met with the Minister for Disaster Management and Human Rights, Mr. Mahinda Samarasinghe, to discuss how the Ministry could assist in abolishing the usage of the Head of the Household concept in public administration and also how it could help promote the joint ownership of state land. The Minister was very attentive to the ideas proposed and requested a briefing paper prepared by COHRE to be presented at the next Inter Ministerial Committee on Human Rights (IMCHR) chaired by the Hon. Minister on 4 November 2008. The briefing paper was tabled is currently being discussed.

The Ministry of Justice also requested a meeting between COHRE and the Secretary to the Ministry to explore ways the Ministry can assist in pushing for joint ownership. As a result of the meeting the Secretary expressed his support for COHRE’s work and called for a meeting with the 27

Land Commissioner and other relevant Ministries as well as COHRE on 11 December during which the Commissioner expressed support and for the initiatives and asked COHRE to follow up in 2009.

The UN-Habitat initiative to map out a national housing policy entered into a new phase in 2008 as the consultant hired finished his work and an advisory group on national housing policy, consisting of government officials, UN agencies, and civil society has was formed. COHRE held a number of high level meetings with UN-Habitat which resulted in the incorporation of relevant information relating to disaster and conflict restitution and women’s housing into the housing policy document. COHRE secured a position on the advisory group to advocate for gender sensitive language and procedures in the national housing policy document.

However, as the advisory group meetings have been delayed, COHRE decided to utilize this time to gather needed background information to support COHRE’s advocacy goals. On 13 August 2008 COHRE held a workshop entitled “Consultation on Engendering a National Housing Policy” in Colombo attended by over 30 participants. The workshop brought together civil society from all over the country working on women’s rights in different sectors including the plantation sector, informal settlements, urban dwellings and internally displaced persons due to conflict and natural disasters. Conrad de Tissera, head of UNHABITAT in Sri Lanka, presented the initial draft recommendations and then received specific comments and suggestions from the participants. Sector experts were also given time to present specific challenges that women face in accessing equal housing rights and to feed their concerns into the final draft housing policy framework. The workshop ensured that a larger portion of civil society could provide input before the draft is finalized and sent to the Government.

Law reform In 2007 COHRE developed draft amendments to three laws, namely the Land Development Ordinance, the Prescription Ordinance and the State Lands Ordinance. These three laws are vital to the successful protection of IDP rights and their access to adequate housing, land and property. In 2008 COHRE revised these amendments and incorporated the ideas and concerns of various NGOs and civil society groups into a draft. Based on the revised policy reform report COHRE developed a questionnaire for government officials to gather their views and concerns and has used the report as a basis for meetings with: the Land Commissioner General, the Consultant to the Ministry of Human Rights and Disaster Management, Secretary to the Ministry of Justice, Legal Draftsman, and the Director of Education at the Human Rights Commission amongst others. The results of these interviews were collated into a report.

On 27 November COHRE brought together both government and civil society to review the various reports, come to a common understanding and develop action plans for implementation and reform. The consultation was attended by 31 participants who were a part of the first civil society consultation and government officials who were interviewed. As result of the seminar the Law Commission of Sri Lanka informed COHRE that they were set to begin discussions with the Peace Secretariat on proposing new laws for IDPs and amending existing laws to provide relief from violations. The Secretary of the Law Commission has requested that COHRE forward our proposals for amendments of the LDO, SLO and Prescription Ordinance to them immediately for use in the discussions. COHRE will continue to engage in this process and incorporate the ideas of civil society present.

Further, other unintended but positive impacts involved the Ministry of Nation Building who approached COHRE after the workshop and asked for assistance in developing a housing policy 28

for the estate sector. This is a very important opportunity to help develop government policies in a traditionally underserved sector of society that is subjected to gross violations of housing rights.

The Ministry of Justice has also contacted COHRE to supply various COHRE publications on international and domestic HLP rights that will used with the Legal Aid commission for trainings in 2009.

Universal Periodic Review In early 2008 COHRE filed a submission on Sri Lanka through the new Universal Periodic Review mechanism of the UN Human Rights Council. The purpose of COHRE’s submission was to seek international recognition of and commitment to reforming current housing, land and property laws and policies. COHRE followed up its submission with a lobbying campaign in the Human Rights Council in Geneva, Switzerland. The end result was positive and the Sri Lankan government agreed to accept most of the four key recommendations that COHRE supported regarding IDPs and their rights to return and restitution.

4.5. Right to Water and Sanitation COHRE Sri Lanka contributed to publications of COHRE's global Right to Water Programme.

A study on “rights based approaches to urban water and sanitation in Sri Lanka” initiated in 2007 was finalized early this year. The report forms a part of a comparative analysis of rights based approaches in four developing countries, funded by UN HABITAT. The COHRE Sri Lanka office is a member of the watsan coordination group convened by the Ministry of Water Supply and Drainage, and contributes to the deliberations of this group on a regular basis. A holistic study of policies impacting the right to water and sanitation in Sri Lanka was initiated in 2008, and will be ongoing in 2009. COHRE organized an initial workshop to bring together grass roots organizations working in the water and sanitation sector, both from the urban and rural sectors. The aim of the workshop was to create a better awareness of the rights to water and sanitation among non – governmental entities, and to initiate a network of organizations that can work together to influence the better implementation of these rights, both at the policy and field levels. The discussions and findings of the workshop will contribute to the study on water and sanitation policy outlined above.

COHRE also made several submissions to the delegation of the Sri Lanka Government who attended the South Asia Regional Conference on Sanitation (SACOSAN) in Delhi, India, to raise awareness of the right to sanitation, and to ensure that a commitment to promoting and protecting the right to sanitation is supported by Sri Lanka and incorporated into the declaration of the conference. The above commitment was endorsed in the SACOSAN declaration.

4.6. Trainings, workshops and seminars COHRE conducted 21 trainings and workshops to build local capacities for defending HLP rights and to raise international attention to the housing situation in Sri Lanka. To address the knowledge gap on HLP rights between Colombo and the districts, COHRE has continued to support grassroots organisations, local NGOs and communities through trainings and public seminars.

In April, COHRE ran a workshop on Housing and Security at the University of Essex, England.

The two-day seminar focused on Sri Lanka and the intersection between conflict resolution and 29

human rights. Participants left the workshop with a greater understanding of return and restitution issues in Sri Lanka and how a human rights based approach to solving these problems can contribute to a long term sustainable peace.

District Level Capacity Building COHRE supported three locally organized trainings for NGOs in the districts. The first training was organized for members of the Sri Vimukthi Women’s Organisation (SVWO) in Negombo and was attended by over 40 people. The participants comprised fisher folk communities in Negombo and the main objectives of the workshop were for members to be trained on housing rights in general and women’s and children’s housing rights and other relevant laws that govern the citizens of Sri Lanka.

On the 25th and 26th of October COHRE conducted two trainings with the People’s Planning Commission in Hambantota. Each training was attended by 35 participants comprising mainly Samurdhi Niyamakas and the general public. Most participants were either tsunami victims or are affected by the construction of the new harbour in Hambantota. The aim of the workshops was to educate the participants on housing, land and property rights and the remedies available to them in cases of violations.

All participants gained an understanding of their rights guaranteed under the Constitution, of the Courts system in Sri Lanka and of housing rights in general and laws relating to housing, land and property. COHRE’s legal team provided specific legal advice during the discussion period and participants are now better prepared to protect their housing rights.

Grassroots Public Seminars COHRE conducted four public seminars for grassroots communities. The first was held in March in Kirinda, Thissamaharama (near Yala) for victims of the tsunami and was attended by over 50 persons. The second was held in May in Nuwaraeliya for plantation workers and was attended by over 50 participants. The third seminar was held in September in Naiduwa. Over 400 participants attended the seminar which was focused on housing, land and property issues in international law and Sri Lankan law as well as legal mechanisms available to protect the right to adequate housing in Sri Lanka. COHRE provided a time for open discussion and for participants to seek advice on housing issues. One of the issues which came to light was that thee are about 250 families in the areas who have been living for more than 17 years without any documentation to sure their tenure. As a result of the training the families learned the proper procedure for ensuring their security of tenure. COHRE will continue to monitor their progress and provide support when needed.

The fourth seminar was held on in November in Talawakelle as a follow up seminar to cover a larger portion of people affected by the Upper Kotmale Hydro Power Plant. Over 125 people attended the seminar and helped the participants understand their domestic and international rights. COHRE has been active in helping support the community including planned meetings with the government officials in the area.

Each seminar focused on raising awareness for the right to adequate housing and allowed the communities to seek advice on common HLP problems they face. Through these seminars vulnerable communities became aware of their HLP rights and are better equipped to ensure their protection in the future. They also became aware of how to take action when HLP rights have been violated and the various mechanisms and remedies available to them and how they are accessed.

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HLP rights Trainings In March and August, COHRE conducted four trainings, in partnership with the International Organization for Migration (IOM), with communities still living in tsunami camps in Moratuwa four years after the tsunami. COHRE identified these groups during a survey of tsunami IDPs conducted in 2007 with UNHABITAT and UNOPS, in which it was discovered that those living in the camps were unaware of how to access their HLP rights and purchase private land to receive their compensation. The trainings were aimed at assisting people in moving away from the transition camps and helping them to secure tenure in new lands through proper titling of their new lands. Over 200 people attended the workshops and follow-up visits confirmed that most attendees used the training to claim compensation and resettle on new lands.

On 8 October, COHRE conducted its fifth HLP training with tsunami victims still living in tsunami camps in Moratuwa and Ratmalana. During a follow-up visit COHRE learned that 11 tsunami camps were facing forced eviction which would have rendered over 1,000 people homeless (500 families). Most of them had received no or only inadequate assistance from the Government and therefore had no place to stay other than the shelter sites. Families first received an eviction notice ordering them to leave the shelters on 25 September, two weeks after the notice was posted. This date was later postponed to 10 October. After the first notice was served, basic services including electricity, water and sanitation were discontinued.

Over 300 people attended the workshop which was intended to prepare them for a demonstration the following day. The aim of the training was to educate the participants on their rights as victims of the tsunami, their entitlements under the Tsunami Housing Policy, the obligation of the government to provide them with housing, to educate them on preventing forced evictions, and their rights prior to and during evictions.

COHRE also conducted an urgent action campaign which included a protest letter to the Government of Sri Lanka, a joint statement and media release together with nine Sri Lankan and international partner NGOs, as well as a training in negotiation for community representatives to prepare them for a meeting with Government authorities.

On the 9 October, the participants of the workshop and other residents of tsunami camps in Moratuwa and Ratmalana carried out a protest in front of the GA’s office. COHRE supported the protest by providing t-shirts and banners in all three languages and by drafting a letter to be presented to the GA after the protest. Both the media release and subsequent community protests were widely covered in the Sri Lankan media. The protest ended with a successful result as the GA withdrew the eviction notice in writing.

District Level Training for Government Officials In August COHRE conducted two workshops for government officials working in the education sector in Kandy attended by more than 60 participants in total. The workshops focused on providing the participants with an overview of human rights, fundamental rights and housing rights. The main objective of the workshop was to provide awareness of these rights so that the officials could incorporate them into their day to day work. All the participants were very receptive and participated freely in the discussions. They requested further training programmes in the future and COHRE is looking into the possibility.

On 8 August, COHRE conducted a training for government officials in Badulla. Over 60 participants attended including the Divisional Secretary of Badulla, staff of the Divisional Secretariat, Gramasevakas and Samurdhi Officers (responsible for deciding who receives state 31

welfare). The main objective of the workshop was to educate government officials responsible for working with housing rights victims on the importance of human rights and in particular the right to adequate housing. To help the officials better serve the public’s needs the training course also included Fundamental Rights under the Sri Lankan Constitution, property rights and domestic laws relating to land.

Participants left the workshops with a better understanding of domestic housing, land and property law and the connection to international human rights.

Women and Housing Rights In March, COHRE conducted a series of five short plays for International Women’s Day to highlight the challenges women face in gaining equal access to land and property in Sri Lanka.

The five short plays were directed by award winning director and actress Kaushalya Fernando and over forty people attended from various international and local agencies. The objective of the play was to bring women’s issues to the forefront of development and humanitarian missions in Sri Lanka and to highlight issues that international organizations may not be aware of. The plays dealt with specific advocacy issues that COHRE has been focusing on including, the head of the household concept, joint ownership of property, domestic violence and discrimination against women.

COHRE conducted four Women and Housing Rights workshops. The workshops aimed to raise awareness of gender and housing issues and to provide a set of tools staff from NGOs, community based organizations and the Human Rights Commission can utilize at the district and community level. The first two workshops were held in Colombo and were attend by over 50 participants from all over the country. The workshops organized in partnership with the Consortium of Humanitarian Agencies (CHA) which has member organizations working at the district level.

The third workshop was conducted in Galle on 24 October. Its purpose was to raise awareness on gender and housing issues and to provide a set of tools to Grama Niladharis that they can utilize at the district and community level. A total of 25 Grama Niladharis attended, selected with the help of the Government Agent’s office, and all felt the concept of joint ownership was welcomed by the Grama Niladharis as a useful method to ensure gender equality in relation to land ownership.

The fourth workshop was conducted in Batticaloa in November for NGO and civil society workers. Twenty people participated in the training from various NGOs such as NRC, Oxfam, ZOA, and CHA amongst others.

All of the workshops provided an overview of international housing rights law and the domestic legal framework, the issue of joint ownership, gender sensitive guidelines for the Tsunami Housing Policy, and the current situation faced by women in the post tsunami period.

Participants gained valuable information on housing rights and the specific needs of women that they will be able to use in their own work. The workshops also provided a space for those interested in gender issues to meet and share ideas and experiences from all over Sri Lanka.

COHRE will maintain contact with all participants and will include them in advocacy strategies for policy and law reform.

COHRE conducted two Training of Trainers (ToT) sessions on Women’s Housing and Disaster Management for government officials in the second half of 2008. The first ToT was held in Galle district with local Grama Niladharis in October. Over 40 Grama Niladharis participated in the 32

workshop which aimed to highlight women’s issues during disaster management. The second ToT was held in Batticaloa in November in collaboration with Suriya Women Development Centre. The training target Grama Niladharis and over 22 participated from 14 different GN divisions in Batticaloa. The Ministry of Disaster Management and the GA of Batticaloa assisted COHRE in inviting and encouraging the Grama Niladharis to attend.

The gender aspects of disaster management were discussed through group work and open discussion. The Grama Niladharis came out strongly in favour of integrating gender sensitivity into future disaster management plans and recognized that many women’s issues had been ignored during relief operations in the post tsunami context. The participants left the workshops with practical tools that can be integrated into future disaster management plans that will provide better protection to women during and after the next disaster in area, and the ability to pass this knowledge on to other government officials and community leaders. They were willing to amend many of their practices as long as they were given the authority to do so by the central government. COHRE will continue will follow up with this group and keep them informed of any policy changes achieved at the central government level.

4.7. Research and Publications COHRE continues to conduct research and to produce a wide range of reports on housing, land and property rights in Sri Lanka that are distributed to government officials, national and international NGOs, UN agencies, grassroots communities, victims of housing rights violations, and the general public. These include: 1. Introduction to Housing and Land Laws in Sri Lanka: A comprehensive study of relevant laws, policies and jurisprudence regarding the land and housing laws in Sri Lanka; 2. Inheritance Rights of Children in Sri Lanka; 3. Providing Housing Security for Sri Lankan Children After the Tsunami; 4. Introduction to Property Rights in Sri Lanka: A brief guide for IDPs on the various land and property titling schemes in Sri Lanka and the rights and restrictions attached them; 5. The Status of HLP Rights in Sri Lanka 2007; 6. Sociological Study on the Head of the Household Concept in Sri Lanka (internal review); 7. Translation of the Briefing Note on the Head of the Household from English into Sinhala and Tamil; 8. Briefing papers on State Lands Ordinance and Land Development Ordinance from a gender perspective; 9. Women and Urbanization: In coordination with COHRE’s global Women’s Housing Rights Programme a study was conducted on women and urbanization in Colombo. The results for Sri Lanka were finalized in early 2008 and published in a global study.

10. Return and Restitution in Batticaloa and Trincomalee (under internal review); 11. High Security Zones in Sri Lanka and the Right to Adequate Housing (under internal review).

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5. GLOBAL FORCED EVICTIONS PROGRAMME In 2008, the Global Forced Evictions Programme (GFEP) continued to work closely with COHRE’s other thematic and regional programmes as well as partners to halt, avert and remedy forced evictions globally and particularly in its focus countries in Asia, Africa and the Americas region. Through collaborative effort COHRE was able to halt forced evictions in Sri Lanka, Nigeria and South Africa, conduct research and fact-finding missions on forced evictions in Abuja, Beijing and Cape Town, and build capacities of local organisations as well as partners in several countries including, Ghana, Indonesia, and Nigeria.

5.1. Monitoring, Research and Publications In 2008 GFEP in collaboration with COHRE’s regional and thematic programmes and local partners continued to closely monitor planned and implemented forced evictions in a variety of countries with specific focus on COHRE’s key focus countries including Burma, Brazil, Cambodia, Ghana, Indonesia, Israel, Kenya, Nigeria and South Africa.

Evictions Database Through 2008 researchers continued to use numerous sources including information received from partner organisations, news portals and the print media to monitor and document cases of forced evictions on a daily basis. The information collated is being recorded in COHRE’s online eviction database, which will be accessible to the public by February 2009. The database will be available to the public to search for specific information on all cases of evictions that COHRE has recorded in the past 10 years. The evictions database when publicly available will serve as an important resource for both activists and academics working on housing rights and forced evictions.

FIFA related research In 2008, COHRE worked with local partners to gather and analyse information on forced evictions resulting from preparations for the 2010 FIFA World Cup in in South Africa. In May/June 2008 COHRE researched and drafted a statement on 2010 World Cup related evictions in South Africa entitled For the Game. For the World? Some concerns for FIFA on pre-World Cup 2010 evictions and housing rights abuses in South Africa. The research provides a useful basis for COHRE as well as COHRE’s partners for advocacy initiatives to ensure an evictions free World Cup in 2010.

Updating the Burma Report - ‘Displacement and Dispossession’ In 2007 COHRE published a comprehensive country report on Burma titled ‘Displacement and Dispossession: Forced Migration and Land Rights in Burma’. GFEP and COHRE’s Asia Pacific Programme collaborated in late 2008 to update this report by mapping out the housing, land and property rights violations and forced evictions that have occurred in Burma in late 2007 and 2008. The research started in November 2008 and the final report will be complete in March 2009. This research and documentation exercise will contribute to strengthening the struggle of Burmese organisations within and outside Burma, to fight for their right to adequate housing and freedom from forced evictions.

Gender-based research and analysis of forced evictions GFEP in collaboration with the Women and Housing Rights Programme (WHRP) undertook research to document the impacts of forced evictions on women and to analyse and critique international human rights instruments related to forced evictions from a gender perspective.

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Research included fact-finding missions in Cambodia and Sri Lanka to record affected women’s experiences and views of forced evictions as well as a literature survey of the issue. In 2009 GFEP and WHRP will collaborate to produce document that will present findings of the research as well as gender-sensitive guidelines to be followed by implementing authorities in eviction cases. This document will be a useful resource for future advocacy to provide effective protection to women from forced evictions and its gendered impacts.

Publications The Myth of the Abuja Master Plan: Forced evictions as urban planning in Abuja, Nigeria.

COHRE has closely monitored the forced evictions situation in Nigeria, one of its key focus countries. In May 2008, COHRE published a report of a fact-finding mission carried out in Nigeria entitled The Myth of the Abuja Master Plan: Forced evictions as urban planning in Abuja, Nigeria.

The report is a result of sustained research and monitoring of forced evictions in Abuja.

Following the COHRE-SERAC fact-finding mission to Abuja in 2006 and 2007.

The Myth of the Abuja Master Plan documents the massive forced evictions in the Nigerian capital of Abuja undertaken by the Federal Capital Development Agency (FCDA) between 2003 –2007.

According to estimates 800,000 people were affected as the FCDA demolished homes in informal settlements, as well as schools, clinics, businesses, mosques and churches under the pretext of implementing the 1979 Master Plan for Abuja.

The report has been used by COHRE to highlight the grave situation of housing rights in Abuja with Nigerian authorities as well as with UN bodies. COHRE’s partners in Nigeria have also used the report in their struggles to realise the right to adequate housing for all.

Successes and Strategies: Responses to forced evictions In late 2008 GFEP is currently produced a report documenting successful strategies of communities and governments globally in finding alternatives to forced evictions and securing tenure for those living in informal settlements. The publication documents nine case studies from Brazil, Botswana, Cambodia, South Africa, Sri Lanka, Thailand, The Philippines and Uruguay The Successes and Strategies report documents and analyses strategies that communities, organisations and governments have used to halt and remedy forced evictions. The documentation of these case studies aims to provide communities and groups resisting evictions with examples of successful strategies that could be adapted locally, to halt, prevent and remedy forced evictions. Case studies documented in this report will also be used during trainings that COHRE conducts for communities and NGO partners. COHRE will also use these case studies in its advocacy efforts with governments in order to present alternatives to forced evictions.

Other Publications In June 2008 GFEP assisted in the final editing of the upcoming COHRE report on Durban entitled Business as Usual? Housing rights and slum eradication in Durban, South Africa. GFEP Staff collaborated with the Women and Housing Rights Programme to write an article entitled Fair Play for Children’s Rights to be published in the upcoming volume of Child Rights Information Network’s periodical The article discusses children’s rights to adequate housing in the context of the Beijing Olympics and its impact on housing rights.

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5.2. Rapid Response Initiatives GFEP supports communities faced with forced evictions by issuing protest letters to relevant governments, national human rights institutions, and UN Special Procedures especially the UN Special Rapporteur on Adequate Housing. While we recognise that the protest letters in themselves may not be enough to stop an eviction or to provide adequate compensation; they contribute significantly to raising the profile of the particular housing rights violation, strengthening advocacy initiatives by local groups and pressurising local authorities to act in the interest of affected communities.

5.2.1. Protest Letters In 2008 COHRE issued 38 protest letters to relevant authorities in Argentina, Bolivia, Brazil, Bulgaria, Cambodia, Cameroon, China, Colombia, Ecuador, India, Indonesia, Israel, Kosovo, Nigeria, South Africa, Sri Lanka, Taiwan, Tanzania, and Venezuela. The letters call for a moratorium on forced evictions, adequate compensation to all those affected and, where relevant, the development of resettlement plans and compensation packages in consultation with affected communities.

In 2008, COHRE, through its protest letters combined with advocacy at the local and international level was able to halt evictions in Ciudad Oculta and El Nogalito (Argentina), Manaus and Curitiba (Brazil), Barrancabermeja (Colombia), Abuja (Nigeria) and Mahawatha/Ratmalana (Sri Lanka). According to our estimates, the protest letters along with active advocacy by regional programmes and local partners have contributed to the suspension of the eviction of more than 6000 families globally in 2008. It is important to note that in most of these cases eviction orders were suspended and therefore there is need for continued monitoring and follow-up in each case.

COHRE’s protest letters also helped in achieving increased compensation for evicted families.

For instance, in Setu Antap in Indonesia compensation was doubled following a protest letter from COHRE and its use for further advocacy by local groups. Contacts in Tanzania also informed COHRE that following COHRE’s protest letter, the Lands Ministry has begun to conduct fresh valuations and have started to pay additional compensation in the range of 100 to 700 percent of what was previously offered. In Jujuy Argentina, COHRE’s protest letter contributed to the return of ten families belonging to an indigenous community to their native land.

5.2.2. Fact-finding Missions Every year COHRE undertakes fact-finding missions to conduct in-depth research into cases of threatened or implemented forced evictions. In most cases, the fact-finding missions are at the behest of local partners and are aimed at filling a gap in research and documentation and at other times to ascertain concerns raised about housing rights violations by NGOs as well as news sources.

Fact-finding mission to Beijing COHRE’s report released in June 2007, Fair Play for Housing Rights: Mega-Events, Olympic Games and Housing Rights, systematically documented housing rights violations in cities hosting the Olympic Games. In Beijing, in particular, Fair Play for Housing Rights reveals that preparations for the 36

Games led to the displacement of over 1.25 million people, as of June 2007, with a total of up to 1.5 million people expected to be displaced by August 2008.

In May 2008, COHRE undertook a fact-finding mission to verify estimates and document recent evictions taking place in Beijing. The aim of this report was to provide a specific resource on the Beijing Games with recommendations to the Chinese government and the International Olympic Committee (IOC) for remedying implemented evictions and ensuring that those threatened with evictions in the future are adequately protected.

Over a two week period, GFEP staff visited neighbourhoods in Beijing threatened with evictions to gather information on the impacts of construction carried out for the Olympic Games including transport, infrastructure and tourism projects aimed at city beautification. The findings from the mission confirmed reports of the rapid pace of evictions and demolitions in Beijing and also that the Beijing Municipality had failed to provide adequate alternative housing to those affected. Importantly, the report held the IOC responsible for failing to consider China’s poor human rights record and the lack of independent mechanisms to provide the necessary protections from human rights violations when accepting Beijing’s bid to host the 2008 Olympics.

COHRE’s fact-finding report ‘One World Whose Dream: Housing Rights Violations and the Beijing Olympic Games’. released in July 2008 offers recommendations to the government of China on housing rights. The report also presents recommendations to the IOC aimed at creating positive housing legacies and preventing housing rights violations in the future. COHRE has also produced a Mandarin version of the report which will be available by end January 2009 to the public via COHRE’s website.

Fact-finding mission to Sidoarjo, Indonesia In August 2008 COHRE undertook a fact-finding mission to the mudflow-affected areas in Sidoarjo, Indonesia, in response to requests from the Australian Sidoarjo Assistance Project (ASAP) and COHRE’s partner in Indonesia, Urban Poor Consortium (UPC). The fact-finding mission was aimed at ascertaining facts for COHRE’s active involvement in the issue and to support local partners in their advocacy efforts.

Residents of Sidoarjo and its surrounding areas in East Java, Indonesia have been suffering from the impacts of a gas eruption followed by volcanic mudflow that began on the night of 28th May 2006 and continues even today. The disaster which began with the eruption of Hydrogen Sulphide gas at an exploration site operated by PT Lapindo Brantas was followed by spewing of hot volcanic mud.

Since the initial disaster this mudflow, known as ‘Lusi’, has drowned an estimated 15,000 land holdings as well as schools, factories, paddy fields and fishing ponds. Residents of these areas have been dispersed and are living in temporary shelters close to their original villages. A large number has also occupied a newly constructed market area where families are living in small rooms meant for shops. More than two years later, as the volcanic mud continues to flow and engulf an increasing number of villages in the area, PT Lapindo Brantas has refused to accept responsibility for the disaster. While arguments and counter arguments abound, and legal cases filed by human rights and environmental groups are still pending, thousands of mudflow affected persons are trapped in a life of uncertainty, deprivation and destitution.

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COHRE’s report (not published) while noting the grave failure of the Government of Indonesia and PT Lapindo Brantas in taking responsibility for the mass involuntary displacement of thousands of people recognises the need for systematic and detailed documentation of impacts of the mudflow for more targeted and effective advocacy.

Fact-finding mission to Cape Town, South Africa In late 2008 GFEP undertook a fact-finding mission focussing on the N2 Gateway Project in Cape Town, South Africa. Since July 2007 there has been deep tension and resistance to the South African National Department of Housing’s implementation of its second phase of the N2 Gateway pilot project at Joe Slovo informal settlement in Langa and at Delft on the Cape Flats. If allowed to proceed the project will result in the eviction of 20,000 people from their present homes in the informal settlement of Joe Slovo to distant temporary relocation areas at Delft.

Land occupied by the Joe Slovo residents is to be used for Phase 2 and Phase 3 of the project involving construction of homes for middle income South Africans, along the highway that links the airport to the city centre. At the same time tension erupted at Delft as houses constructed for Joe Slovo evictees were occupied by the backyard dwellers of Delft as they had been waiting for subsidised houses for several years with no end in sight. The occupiers were forcibly evicted and are presently living in shacks on Symphony Way, a major transport route in Delft.

COHRE’s fact-finding mission report, due to be released by March 2009 is aimed at distilling existing information on the highly contentious N2 Gateway project with a view to making it accessible to affected people and community organizations. The report will also highlight some of the key areas of concern in the existing housing delivery mechanism in South Africa with a view to contribute to the ongoing discourse and pave the way for more detailed research and analysis on the issue.

5.3. Capacity building, networking & training Capacity building, networking and training are central to GFEP ’s work. These activities help in sharpening skills for resisting evictions and providing opportunities for sharing of strategies and coalition building. GFEP carried out the following activities in 2008: Mega-events and their implications on housing and homelessness In January, COHRE was invited as keynote speaker at the Annual Events Management Research Symposium, Leeds Metropolitan University, UK. COHRE gave a presentation entitled Fair play for housing rights: mega-events, Olympic Games and housing rights which focussed on the implications of mega events like the Olympic Games on housing and homelessness.

The audience at the Symposium consisted of approximately 70 practitioners and academics working on the management of large events thus providing COHRE with the unique opportunity to initiate dialogue on housing rights with a group of people specifically engaged in organising mega-events.

Persons affected by leprosy and the right to adequate housing and protection against forced evictions In February 2008, IDEA International invited COHRE to speak at the 17th International Leprosy Congress held in Hyderabad, India. This was the first time that the human rights of persons affected by leprosy and, specifically, their housing rights would be discussed at an International Leprosy Congress. Over a hundred doctors, scientists, psychologists and persons affected by 38

leprosy attended COHRE’s presentation at the plenary entitled “Human Rights of the Last Leprosy Communities”.

COHRE’s presentation focussed on the right to adequate housing and protection against forced evictions of leprosy communities. COHRE also conducted a capacity building session on housing rights and forced evictions. Participants at the capacity building session included persons affected by leprosy from Asia, Africa and Latin America.

NGO Experiences with Special Procedures In March, COHRE led a session on Special Procedures in the UN Human Rights system as a part of a three-week Advanced Geneva Training Course organised by the International Service for Human Rights. The 31 participants in the seminar represented NGOs from developed and developing countries around the world.

COHRE’s presentation entitled ‘An NGO's experience with Special Procedures’ received positive feedback from the participants with requests for further input on strategic use of the Special Procedures mechanism. COHRE distributed a sample protest letter as well as a brochure on special procedures communications guidelines produced by the Office of the High Commissioner for Human Rights. COHRE will continue to share its experience and expertise in advocacy with UN Special Procedures with a view to building the capacity of NGOs and communities in their fight against forced evictions.

World Class Cities: Myth and Reality In March, COHRE was invited to participate in a two day seminar titled ‘World Class Cities: Myth and Reality’ by the Institute for Democracy and Sustainability in New Delhi, India. Approximately 50 activists (working on housing, livelihood and transport issues), academics, lawyers, community representatives, architects and planners participated in the two-day seminar. COHRE plans to follow developments in New Delhi through contacts made at the seminar and respond positively to calls for solidarity and support in this context.

Poverty and Human Rights in the field of international development cooperation In April 2008, COHRE participated in an international conference organised by Friedrich-EbertStiftung in Berlin entitled ‘Poverty and human rights in the field of international development cooperation’.

COHRE was a member of the Housing Panel along with the then UN Special Rapporteur on adequate housing and representatives of the Habitat International Coalition, Housing and Land Rights Network and Amnesty International.

COHRE’s presentation focused on non-state actors and their human rights obligations in the context of mega-events like the Olympic Games and also discussed the findings of the report on forced evictions in Abuja, Nigeria. With 100-150 participants, representing NGOs, UN bodies and donor agencies, the workshop provided an opportunity for COHRE to network and strategise on ways to link human rights with poverty reduction.

Panel Discussion on the N2 Gateway Project In April 2008, COHRE participated in a panel discussion held at the University of the Western Cape on housing, evictions and social justice, relating specifically to the N2 Gateway project.

Panelists included the Deputy Director General, Department of Housing and representatives from, the Joe Slovo Task Team and Legal Resources Centre.

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COHRE along with the Community Law Centre has intervened as amici curae in a legal challenge to the project. GFEP has been involved in data collection in this case and undertook a factfinding mission to collect testimonies and raise awareness of the housing rights violations in this case.

Workshops on the Right to Adequate Housing: Nigeria In May 2008, COHRE conducted a two-day training programme on Forced evictions and the right to adequate housing for eleven members of Nigeria’s House of Representatives Committee on Housing and Habitat held in Geneva, Switzerland. The workshop opened with a statement from Hon. Dr. Abubakar Garba Shehu Matazu, Chairman of the Committee on Housing & Habitat of the Nigerian House of Representatives. Speakers at the training workshop included the former UN Special Rapporteur on the right to adequate housing and the Secretary to the Committee on Housing and Land Management, UNECE Environment, Housing and Land Management Division. The workshop also addressed the rights to adequate water and sanitation and international best practice on secure tenure and low-income housing and legislation and jurisprudence. The training programme provided an opportunity to discuss the findings of the Abuja fact-finding report and also the general housing rights scenario in Nigeria thus opening the way for detailed dialogue with Nigeria’s law-makers.

In December 2008 COHRE along with Women Environmental Programme, Abuja, conducted three community level training programmes on the right to adequate housing and forced evictions. The workshops were conducted in Lugbe, Idu Karmo and Durumi settlements in Abuja. In total, an estimated 150 women and men attended these workshops where international and domestic laws concerning the right to adequate housing and forced evictions, COHRE’s report on the Abuja Master Plan and strategies to avert evictions were discussed. The workshops highlighted the need for sustained community capacity building and engagement in order to effectively resist forced evictions in the future. GFEP intends to undertake similar training programmes at the community level in 2009.

Human Rights, Housing, and the State: Cases of Forced Eviction in Tajikistan The Regional Office of the High Commissioner for Human Rights, OSCE Center in Dushanbe and the Human Rights Bureau organised a Round Table entitled Human Rights, Housing and the State: Cases of Forced Evictions in Tajikistan in June 2008. COHRE was invited to share its experiences in working on housing rights and evictions globally. COHRE’s presentation at the Round Table focussed on the global experiences in implementing international standards on housing rights and protection against forced evictions. The presentation also discussed case studies on best practices in urban planning e.g. Naga City, the Philippines, and the repercussions of bad urban planning that leads to forced evictins as seen in Abuja.

Training workshop and meeting in Indonesia In August 2008 COHRE’s Asia Pacific Programme and GFEP organized a four-day training and planning meeting on Urban Evictions with partners the Indonesian Legal Aid Foundation (YLBHI) and Jakarta Legal Aid Institute (LBH) and Urban Poor Consortium (UPC). The training focused on international housing rights standards and evictions and international practices, domestic standards as upheld in legislation and practices, advocacy approaches at regional, national and international level.

The training was attended by 24 participants representing 14 NGOs from Jakarta and four communities. The training and planning meeting included sessions on international and domestic human rights law pertaining to housing rights and forced evictions, methodologies for 40

documenting housing rights violations, effective use of UN human rights mechanisms and special procedures and advocacy strategies. Participants agreed to set up a housing rights network in Jakarta to improve coordination and strategising on evictions and housing rights issues.

COHRE representatives along with local partners also met government representatives in Jakarta in public meeting and press conference on urban evictions in Jakarta. Government representatives came from Provincial Government of Jakarta and Municipal offices across Jakarta participated. Participants presented the advocacy paper, and government representatives were also allocated time to present their perspectives. The meeting ended on a positive note as the government requested that there be future dialogue and expressed interest in being involved in some similar kind of workshop/ training on housing rights issues.

Olympic Stakeholders Meeting: ‘ The Balance: China, the Olympics and Human Rights’ In October 2008 COHRE was invited by Amnesty International, Dutch Section to participate as keynote speaker in a meeting entitled ‘Olympic Stakeholders Meeting: ‘ The Balance: China, the Olympics and Human Rights’. The purpose of the meeting was to examine lessons to learned from Beijing 2008 and discuss possible strategies to ensure that human rights will be respected in future Olympics and other large world events.

COHRE’s presentation focussed on housing rights violation in the context of Beijing 2008 and steps to be taken to ensure that housing rights are protected while preparing for mega events globally. COHRE’s recommendations included the need to begin evaluating candidate cities based on their compliance with the right to adequate housing.

Workshop and strategy meeting on forced evictions in Digya National Park (Ghana) In October 2008 GFEP conducted a two-day training workshop and strategy meeting for 16 residents of Digya National Park in Ghana. The workshop discussed in detail local and international human rights law concerning forced evictions and culminated with production of the draft Digya People’s Manifesto. The draft manifesto was discussed at a community meeting in the Digya National Park area and adopted to be presented to presidential and parliamentary candidates ahead of the December 2008 elections.

Digya community members reported that the workshop and the manifesto empowered them to engage in an informed dialogue with election candidates regarding their impending eviction.

World Urban Forum, Nanjing, China In November 2008 COHRE co-organised a training event with IHS and UN HABITAT entitled ‘Alternatives to Forced Evictions: Sustainable Settlement Strategies’ at the World Urban Forum in Nanjing, China. An estimated 50 people participated in the event. Apart from COHRE, resource persons at the training included representatives of UN-HABITAT, Estrategia & Huairou Commission, Advisory Group on Forced Evictions and the UN Special Rapporteur on adequate housing.

COHRE’s presentation at the training focussed on the Abuja (Nigeria) and Naga City (The Philippines) case studies highlighting ways in which urban planning is used to carry out forced evictions as in the Abuja case and also innovative strategies adopted by local authorities to stop the practice of forced evictions as in the case of Naga City.

COHRE also participated in a seminar at the Forum entitled ‘Managing Urban Informal Economies: 21st Century Innovations’ jointly organised by the International Labour Association 41

and UN HABITAT. COHRE’s presentation focussed on forced evictions and informal settlements highlighting strategies used by the urban poor to resist and avert evictions.

5.4. UN Advocacy at the Human Rights Council Advocacy at various levels remains at the core of COHRE’s response to planned and implemented evictions. In 2008 COHRE continued to raise concerns regarding housing rights violations including forced evictions at various fora at the UN and also with UN Special Procedures. In 2008 COHRE was able to liase with the UN Special Rapporteur on Adequate Housing and was able to influence the sending of two confidential communications from the UN Special Rapporteur to the governments of Sri Lanka and Indonesia.

COHRE was able to make strategic use of the Universal Periodic Review at the Human Rights Council to highlight housing rights violations and critique developments in housing in the countries under review. COHRE’s statements were targeted to build pressure on countries to remedy situations of housing rights violations and comply with their human rights obligations.

GFEP collaborated with COHRE to prepare and present statements on China, Ghana, Nigeria, South Africa, and The Philippines.

5.4.1. South Africa In March and June, GFEP assisted COHRE’s Advocacy Programme to update information on evictions and housing rights violations in South Africa for the follow-up sessions at the Human Rights Council’s Universal Periodic Review (UPR) mechanism. COHRE’s statement noted the failure of the working group to include housing rights issues brought up during the interactive dialogue in the outcome report on South Africa.

COHRE’s statement highlighted the 2007 evictions undertaken by the Durban Municipality where more than 6,000 people were forcibly evicted often without obtaining court orders. The Municipality has also failed to provide adequate services to hundreds of thousands of people living in informal settlements in Durban. COHRE pointed out that throughout South Africa, 942,303 people were forcibly evicted from farms from the period of 1994 to 2004. Only 1 percent of the evictions involved any legal process. Of those evicted, reportedly 77% were women and children. COHRE also raised concerns about plans by the South African Parliament involving amendments to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (PIE Act).

5.4.2. Ghana In its oral statement presented at the Universal Periodic Review of Ghana, COHRE noted that critical issues on the right to adequate housing and forced evictions was not commented on by the Ghana government and were not raised during the interactive dialogue. COHRE’s statement therefore highlighted, among other issues, that hundreds of residents, who suffered eviction in Digya National Park in the Tapa-Abotoase area of Lake Volta in 2006, were yet to be compensated or granted any remedy by the government and thousands more were at risk of eviction. The statement also pointed out that Ghana’s urban poor continued to struggle with issues of poor sanitation and infrastructure, and inadequate housing conditions that increased their vulnerability to fire outbreaks and flooding.

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COHRE, however, commended Ghana’s Ministry of Water Resources, Works and Housing for initiating a consultative process to enable stakeholders’ inputs into the national housing policy.

5.4.3. The Philippines In June 2008 COHRE responded to a request for advocacy support from its partner Urban Poor Associates in the Philippines to avert the proposed eviction of 300 residents living around the Grand Mosque on the reclamation site in Baclaran, Pasay City. COHRE raised concerns regarding the imminent eviction in its statement during the Universal Periodic Review (UPR) report adoption proceedings at the Human Rights Council in Geneva on June 2008 urging the authorities to halt the eviction and carry out genuine consultation with affected people to find an amicable solution.

The eviction of people around the Grand Mosque has been temporarily halted as a result of the combined advocacy efforts of the community on the ground, NGO partners in the Philippines and COHRE’s efforts at the Human Rights Council.

5.4.4. China In September 2008 COHRE sent in its submission on China for the Human Rights Council’s upcoming Universal Periodic Review of China. COHRE’s submission focussed on the housing rights violations that took place in preparation for the Beijing Olympics. COHRE presented its estimates of 1.5 million people being displaced as a result of the preparation including infrastructure development and city beautification plans in the submission.

COHRE’s submission also highlighted the intimidation and harassment that human rights activists as well as anyone questioning the relocation plans faced in Beijing. Further, COHRE’s submission emphasised the fact that several areas were slated for cultural preservation and beautification even after the Olympics and therefore several thousand more residents would be displaced.

5.4.5. Nigeria In November 2008 COHRE sent its Abuja report entitled The Myth of the Abuja Master Plan to be considered as a submission for Nigeria’s upcoming Universal Periodic Review. As mentioned earlier, the report highlighted that an estimated 800,000 people were affected by demolitions and forced evictions between 2003-2006 in the Federal Capital Territory of Abuja under the guise of implementing the 1979 Abuja Master Plan.

5.4.6. Side Events GFEP was an active participant in the various side events organised by COHRE’s advocacy unit around the Universal Periodic Review and other UN human rights monitoring mechanisms. In March 2008 GFEP made a presentation on housing rights violations in South Africa in a side event at the Human Rights Council titled “Voices from the field - Contexts from the Housing Rights Rapporteur's report: South Africa, Spain, Switzerland”. The Rhino Collective and Desc Observatory presented on Switzerland and Spain respectively. Representatives of the governments of South Africa, Spain and Switzerland participated in the side event and engaged in discussions on COHRE’s presentations. The side events thus provided an opportunity for further dialogue with the relevant governments on remedying housing rights violations in their countries.

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5.4.7. Committee on Economic, Social and Cultural Rights (CESCR) COHRE through GFEP participated at the Cambodia’s pre-sessional Working Group meeting in November 2008. CESCR is to review Cambodia on its implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in May 2009. COHRE in a joint effort by Cambodian civil society prepared a comprehensive shadow report for CESCR. COHRE’s presentation at the pre-sessional focussed on land and housing issues – additional information and supplementary questions and provided information on four communities threatened with evictions - the Dey Krahom community, Boeung Kak Lake community, Group 78, and the Kong Yu and Kong Thom community and answered questions put forth by CESCR members.

5.5. Advocacy with local government authorities On 17 and 18 December 2008, the Centre on Housing Rights and Evictions (COHRE) carried out a mission to Curitiba, State of Paraná, Brazil, to follow up on the situation of forced evictions being implemented against urban slum dwellers and homeless people. The visit has been requested by the NGO Terra de Direitos, with the support of the Instituto de Defesa dos Direitos Humanos (IDDEHA), o Centro de Formação Urbano Rural Irmã Araújo (CEFURIA), o Movimento Nacional de Luta pela Moradia (MNLM), a Central dos Movimentos Populares (CMP), a Coordenação dos Movimentos Sociais (CMS), a União Nacional por Moradia Popular (UNMP), among others.

During the mission, COHRE met with affected communities, local NGOs and social movements, the State Housing Company (COHAPAR); the State Secretariat of Urban Development (SDU); the Vice-President of the Tribunal of Justice of Paraná; members of the press; and the families camping at Theodoro Locker and João Dembinski.

As a follow-up to this mission COHRE will continue to dialogue with local authorities to arrive at a sustainable solution and present a proposal to the Tribunal of Justice of Parana for the regulation of the implementation of forced evictions which are determined by state courts and by the Tribunal, so that they abide by international human rights instruments ratified by Brazil.

5.6. Media and Communications In 2008 COHRE with the active participation from GFEP issued 8 media and public statements.

These statements were disseminated widely through COHRE’s website and its listserve as well as to COHRE’s media and other contacts.

Lo Sheng Sanatorium, Taipei, Taiwan On 12 May 2008 COHRE and The International Association for Integration, Dignity and Economic Advancement (IDEA) issued a media release on calling on the Taiwanese government to suspend implementation of the planned relocation of persons affected by leprosy in the LoSheng Sanatorium until such time as appropriate alternatives have been agreed on by the affected parties. Since 2003 Lo Sheng residents have been repeatedly threatened with eviction to make way for the Taipei Mass Rapid Transit System.

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IDEA Taiwan informed COHRE that the media release served as an important advocacy tool in the recent passing of the “Hansen’s disease Patients Human Rights Protection and Compensation Act” by the Legislative Yuan or the legislative body of Taiwan. Although the threat of eviction remains, COHRE welcomes the new law and will continue to monitor developments in Lo Sheng Sanatorium.

Abuja Evictions, Nigeria In May 2008 COHRE also issued a media release highlighting some of the key findings of the fact-finding mission report on evictions in Abuja. The media release highlighted the massive evictions that had taken place in Nigeria, which so far had not received the international and local attention they warranted. A number of major international and national newspapers including the International Herald Tribune, The Mail & Guardian, the Los Angeles Times, San Francisco Chronicle, Chicago Tribune ,TIME magazine, BBC Africa, BBC World News, Reuters, Associated Press, IRIN News, AllAfrica.com carried stories based on the findings of the report.

This wide press coverage has increased pressure on the Nigerian authorities and COHRE is looking forward to meaningful dialogue with the Nigerian government on adequate protection against forced evictions including slum upgrading.

Beijing Evictions, China In July 2008, COHRE issued a media statement announcing the release of its fact-finding report entitled ‘One World Whose Dream: Housing Rights Violations and the Beijing Olympic Games’. The statement noted that the Chinese Government and the International Olympic Committee had continuously failed to take responsibility for the displacement of 1.5 million Chinese people in preparation for the Beijing Olympic Games.

The statement highlighted COHRE’s findings that the average annual displacements were approximately 2.3 times higher in China during the period of Olympic Games preparations. It also pointed out that the Beijing Municipality and the Beijing Organising Committee for the Olympic Games were responsible for destroying affordable rental housing stock and authorities had used tactics of harassment, repression, imprisonment, and even violence against residents and activists.

COHRE’s media statement received wide international press coverage in most major newspapers and news portals. It succeeded in highlighting grave housing rights violations in China and drawing wide international public attention to the acts of commission and omission of both the Chinese Government and the International Olympics Committee.

Statements on demolitions in Israel and Occupied Palestinian Territories In July 2008, COHRE issued a public statement condemning the demolition of homes as a mode of punishment meted out to perpetrators of a violent bulldozer attack in East Jerusalem. The statement highlighted that the house demolitions constituted collective punishment and hence were in contravention of several international human rights instruments including the Fourth Geneva Convention relative to the Protection of Civilian Persons in a Time of War. In September 2008, COHRE issued a public statement against the demolition of a mosque in Israel’s Negev region. COHRE has been monitoring the demolition of homes in the so-called 45

unrecognised villages, which are home to several indigenous Bedouin communities. This was the first time a mosque was being demolished.

In both the cases, COHRE decided to issue statements in order to draw maximum attention to the issues at hand.

Statements on forced evictions in Sri Lanka COHRE issued a statement against forced evictions in Glennie Passage and Mahawatha in Sri Lanka in July 2008 in order to increase pressure on relevant authorities and draw widespread public attention. Residents of Glennie Passage were being threatened with forced evictions under the guise of security concerns in preparation for the SAARC summit. In Mahawatha, settlements along the railway line were being threatened with forced eviction. The Mahawatha case also involved intimidation of local activists and residents who were demanding a better compensation package. Although COHRE had sent protest letters on both issues, after consulting local partners, COHRE felt that a public statement would not only draw greater attention to the evictions but also provide some protection to those who were being intimidated.

In October 2008 COHRE issued a joint statement with partners in region on the threatened demolition of temporary tsunami shelters in Moratuwa and Ratmalana. The statement was issued on World Habiat Day and highlighted that the forced closure of 11 temporary shelters which would affect close to 500 families was not only contrary to Sri Lanka’s international human rights obligations but also the Constitution of Sri Lanka and the Tsunami Housing Policy.

The statement along with a protest and other advocacy efforts including negotiations resulted in halting the threatened closure of the 11 tsunami shelters.

Statement on World Habitat Day GFEP along with the active involvement of all COHRE programmes drafted a COHRE statement on World Habitat Day. The statement called upon governments world wide to end forced evictions and take all necessary steps to protect and fulfill the right to adequate housing for all. COHRE’s statement noted the link between the unmet demand for housing and the global financial crisis as well as large-scale housing rights violations in China, Nigeria and Burma among other countries. The statement, while noting positive steps for the realisation of the right to adequate housing in Naga City and Johannesburg urged governments worldwide to promote development processes that minimise displacement address the problem of homelessness and take steps to mitigate the impacts of inadequate housing on marginalised groups, including women, racial and ethnic minorities, and children.

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6. LITIGATION PROGRAMME In 2008, the COHRE ESC Rights Litigation Programme undertook or assisted in litigation or quasi-litigation in or against Bulgaria, Ghana, Guatemala, Ireland, Israel, Slovakia, Sudan, South Africa and the United States. The Programme also provided advice to New York University School of Law’s Human Rights Clinic and the RFK Memorial Center for Human Rights for a right to water project in Haiti and the legal responsibilities of the Inter-American Development Bank for human rights violations. Additionally, the COHRE Litigation Programme conducted training workshops in Indonesia, Israel, Kenya, the occupied Palestinian territory (West Bank) and the United States. The Litigation Programme also undertook fact-finding missions to Indonesia, Israel and the occupied Palestinian territory (West Bank).

6.1. Advocacy & Litigation COHRE v. Sudan (Darfur): Complaint to African Commission on Human and Peoples’ Rights In 2005, the COHRE Litigation Programme, on an emergency basis, prepared and submitted a Communication to the African Commission on Human and Peoples’ Rights with respect to the past and ongoing human rights violations in the Darfur region of Sudan. COHRE continued to push this case forward in 2008, including participation at the Commission’s May session, and awaits any pending decision by the Commission. For more information see: www.cohre.org/sudan Forced Evictions in Ghana: World Bank Inspection Panel COHRE intervened on behalf of the Agyemankata Community, over 200 families, to prevent their forced eviction from the Kwabenya Landfill site in Accra, Ghana by filing a case before the World Bank Inspection Panel in August 2007. The Litigation Programme maintained communication with the World Bank Inspection Panel in 2008 and accompanied the Panel on a follow up mission to the Kwabenya Landfill site. COHRE continues to work with the community as the case is being considered by the Inspection Panel on the full merits as of the end of 2008.

Specific accomplishments to date include:  Effective injunction against forced eviction; and  Mandated meaningful participation of the community in any resettlement and relocaton plans.

Guatemala: Forced Evictions of Indigenous Peoples In early 2008, COHRE submitted a Petition to the Inter-American Commission on Human Rights challenging the forced eviction of five Maya-Achi villages. The case calls for the demarcation of indigenous lands, the right to return and restitution of land, the protection of their right to use the natural resources present in their traditional lands and the development of policies and programmes to improve their economic and social conditions.

Guatemala: Precautionary Measure In July 2008, COHRE assisted local partner Rights Action (Guatemalan NGO) with the draft of a petition requesting the Inter-American Commission on Human Rights to adopt precautionary measures to prevent irreparable harm and to protect the security of families and the communal indigenous territory threatened by the Goldcorp owned Marlin gold and silver mine, which operates in municipalities of San Miguel Ixtahaucan and Sipakapa in the department of San Marcos, Guatemala.

The families are threatened with forced eviction in the context of extraction industries.

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In 2008, COHRE and its local partner, Equal Opportunities Association (EOA), continued to work on several domestic court cases challenging housing rights violations in Bulgaria. Several of these cases have resulted in at least temporary injunction from eviction and other cases seek remedies for past evictions.

Additionally, in May 2008 COHRE filed two “1503” Petitions before the UN Human Rights Council in an attempt to prevent the imminent forced eviction of three Roma communities (two in Bourgas and one in Plovic). To date, the Petitions have helped prevent the forced evictions. Through these Petitions, COHRE seeks security of tenure for the resident as well as to advance the argument that the remedy for enforcing property rights should not and indeed can not lawfully be implemented by carrying out a gross violation of human rights.

Specific accomplishments to date included:  Effective injunction against forced eviction of three Roma communities;  Facilitation of dialogue between Roma communities, COHRE and Federal and municipal authorities;  Leverage by bringing international human rights law and mechanisms to bear in order to bring Federal authorities into the situation.

Brazil: Quilombo advocacy and ILO Complaint The case of Alcantara is one of the landmark cases involving conflicts over Quilombo lands, which is reaching a level where the actions and omissions of the Government are resulting in violations of their right to participate meaningfully and be consulted about development projects which will impact on their homes, lands, lives, economy and culture.

In 2008, COHRE submitted a Communication to International Labour Organisation (ILO) regarding violations of provisions of ILO Convention No. 169 affecting the Quilombo communities of Alcantara, Brazil. The Communication addresses violations of indigenous land rights in the context of forced eviction and displacement of Quiolombo communities in Brazil. Quilomobos communities participated in the drafting of the complaint and a subsequent workshop was held to present the final complaint to the communities and discuss next steps.

For more information see: http://www.cohre.org/quilombos 6.2. Amicus Curiae Litigation South Africa: Berea Eviction Cases, Johannesburg COHRE has been collaborating with the Centre for Applied Legal Studies (CALS) at the University of the Witwatersrand, on a selection of cases in Johannesburg, including the Berea case in which COHRE initially intervened as amicus curiae in 2006.

While an agreement was reached between the parties in late 2007 which provided a victory for the residents of the two buildings, several policy issues were referred back to the Court for consideration and decisions in 2008. In early 2008, COHRE continued to intervene before the Court to provide legal arguments on these policy issues.

On 19 February 2008, South Africa's Constitutional Court ruled in favour of the occupants, noting that the SCA “should not have granted the order of ejectment ... in the absence of meaningful engagement.” The Court further held that section 12(6) of the National Building Regulations and Standards Act is unconstitutional. The ruling is a landmark victory for the more than 67,000 low48

income residents of Johannesburg facing eviction threats due to the City's Inner City Regeneration Strategy. For more information see: www.cohre.org/southafrica Specific accomplishments to date included:  Prevention of forced eviction and relocation to the periphery of the city; Upgrading of existing housing;  Upgrading of alternative housing in the central city;   Jurisprudence requiring meaningful participation of residents in decisions affecting their economic and social rights.

6.2.1. South Africa: Right to Water Case 1 COHRE intervened as amicus curiae before the High Court of South Africa (Witwatersrand Local Division) in the case of Mazibuko et al. v. City of Johannesburg and Johannesburg Water (Pty) Ltd. et al.

The case involved a legal challenge to prepaid water meters in the township of Soweto, arguing that they violated the right to sufficient water enshrined in the Constitution as informed by international human rights laws, standards and norms on the right to water. In a groundbreaking decision, the Court ruled in 2008 that the City of Johannesburg’s practice of forced installation of prepayment water meters in Phiri, Soweto is unconstitutional and unlawful. The Court also ordered the City Authority to provide residents of Phiri with 50 litres of free basic water per person per day setting aside the City’s decision to limit basic water to 25 litres per person per day.

The City Authority was also directed to provide residents of Phiri with the option of a credit metred water supply.

This ruling marks a key turning point in the struggle of South Africa’s historically marginalised groups for their right to water. For the first time, a court has affirmed their right to sufficient water for their basic daily requirements. The judgment not only incorporates both a heightened awareness of the social and economic context of poor communities in South Africa, but also incorporates the best of South African jurisprudence, international law and comparative jurisprudence. It creates a useful precedent for litigation globally. For more information see: http://www.cohre.org/watersa Specific accomplishments to date include:  A halt to the discriminatory use of pre-paid water meters;  Increase in free water supply from 25 to 50 liters per person per day.

6.2.2. South African: Right to Water case 2 In early 2008, COHRE provided an amicus curiae brief in support of Ward 84 residents of Umlazi, a case involving decisions regarding the supply to and use of water in the community and the disconnection of water supply by the municipal authority of Ethekwini. The brief argues that the actions of the Ethekwini Municipality are in breach of aspects of the right to water guaranteed under international human rights as well as domestic law including as informed by international law.

Furthermore, comparative law is included to demonstrate how the right to water has been adjudicated in other jurisdictions. Finally, the brief argues that there should be a right to electricity as a component of the right to adequate housing and consequently cut off of electricity is a human rights violation.

The case is pending.

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6.2.3. South Africa: Kwa-Zulu Natal Slums Act In June 2008, COHRE has prepared an amicus curiae brief challenging the Kwa-Zulu Natal Slums Act, which mandates the forced eviction of the poorest segments of society. The challenge argues that the Act contravenes the Republic of South Africa’s obligations under international human rights law as well as its own constitutional framework. The case is pending.

6.3. Negotiations Bulgaria, housing rights and non-discrimination In 2008, COHRE and its local partner EOA have launched a series of Roundtable Meetings between Roma leaders and municipal authorities. Thus far, these Roundtable Meetings have facilitated meaningful participation of Roma communities in decisions affecting housing, including through the formation of permanent working groups designed to draft plans of action for improving housing conditions of Roma communities. COHRE hopes to replicate this model in other focus countries.

Concrete accomplishments to date include:  Creating a dialogue between Roma residents and municipal authorities;  Creating a Task Force of Roma residents and municipal authorities that meets monthly.

6.4. Legal Advice Advice to Local Activists and Organizations working on post-Hurricane Katrina housing rights issues Throughout 2008, COHRE continued to provide advice on the issues of the right to return and the right to restitution of adequate housing to activists and organizations working on post-Hurricane Katrina housing rights issues. The advice addresses standards and strategies to ensure a holistic and comprehensive housing rights advocacy campaign in New Orleans including how the utilise the UN Principles on Housing and Property Restitution for Refugees and Other Displaced Persons (Pinheiro Principles) to complement the UN Guiding Principles on Internally Displaced Persons.

6.5. Fact-Finding Missions 6.5.1. Palestine/Israel: Right to Water In February 2008, the COHRE Litigation Programme assisted the COHRE Right to Water Programme with a fact-finding mission to Palestine and Israel. The mission looked into violations of the right to water including inequitable distribution of water in the West Bank, use of water as a means of displacement in the West Bank and the Unrecognised Villages of the Negev in Israel, the effect of sanctions in Gaza and the racially discriminatory distribution of water in the Unrecognised Villages of the Negev.

The Litigation Programme discussed litigation strategies with several locally-based NGOs in both the occupied Palestinian territories and Israel. Discussions included the possibility of COHRE contributing to domestic litigation and of a Shadow Report to the UN Committee against Torture dealing with violations of the right to water that rise to cruel, inhuman or degrading treatment or punishment or even torture.

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6.5.2. Palestine: Right to Adequate Housing Based in parts from requests from local partners, in November 2008, the COHRE Litigation Programme carried out a joint fact-finding mission with the COHRE Right to Water Programme and COHRE Woman and Housing Rights Programme to ascertain the housing rights situation in the West Bank and East Jerusalem. The nearly two-week mission including examining issues such as forced evictions and home demolitions in East Jerusalem, discriminatory housing policies in East Jerusalem and Hebron, force eviction and home demolitions of villages in the South Hebron Hills and forced eviction and home demolitions of Bedouin communities in the Jordan Valley. COHRE subsequently began to prepare a plan of action for more tailored advocacy on these issues in 2009.

6.5.3. Papua, Indonesia The Litigation Programme participated in a two-week fact-finding mission with the CAPP to Papua, Indonesia to examine the impact of forced evictions in the context of mining and logging enterprises.

The fact-finding team met with indigenous persons, activists and advocates working to prevent the wide-spread practice of forced eviction in Papua. The objectives of the mission included: contributing to COHRE’s network with Papuan civil society groups and individuals concerned with housing and land rights; gaining a more in-depth understanding of Papuan perspectives on what constitutes adequate housing and indigenous land rights in Papua; facilitating a common understanding of housing and land evictions in Papua in relation to the activities of logging, palm oil and forest industries; providing relevant inputs to human rights and community-based groups on the role of UN human rights mechanisms and networks, the work of COHRE; developing a plan of action in collaboration with participants, outlining some concrete steps for linking and coordinating campaigning at the different sites (Papua, Indonesia and the international community) and levels (grassroots, provincial, national, and international) in accordance with organisational capacities and resources present; and identifying initial small scale, concrete steps for COHRE to support initiatives of local people and groups.

A key accomplishment of the mission was the formulations of a Plan of Action by the Papuan participants on how increasingly to utilise international human rights law and mechanism in their housing and land rights advocacy. Presently, the COHRE Asia and Pacific Programme is working to prepare written materials on grassroots use of international human rights norms and follow up capacity-building workshops have been requested.

6.6. Monitoring, research and publications The Litigation Programme continues to monitor global developments with the aim of identifying situations that lend themselves to legal advocacy. In particular, the Programme works closes with other COHRE Programmes and partners to identify such situations. In the first half of 2008, the Litigation Programme has been monitoring and developing or assisting with legal advocacy strategies dealing with forced evictions in Brazil, Guatemala, Italy, Nigeria, South Africa and Sri Lanka as well as challenging reactionary legislation in Indonesia and South Africa.

With respect to publications, the COHRE Litigation Programme continued to publish the Housing and ESC Rights Law Quarterly, with Vol. 5, No. 1 coming out in March 2008; Vol. 5, No. 2 coming out in June 2008; Vol. 5, No. 3 coming out in September 2008 and Vol. 5, No. 4 coming out in December 2008.

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The Litigation Programme also updated the Leading ESC Rights Cases working paper available online at www.cohre.org/litigation. This working paper is contains summaries of key ESC rights jurisprudence and is updated frequently by COHRE. COHRE contributed to the ESCR-Net Case Law Database. The Database is an initiative of COHRE and three partners that brings together a dynamic and searchable database of key cases, jurisprudence, legal pleadings, strategy documents and other information related to the justiciability of economic, social and cultural rights. See www.escr-net.org/caselaw.

6.7. Capacity Building, Networking & Training Strategy Meeting: Holding International Financial Institutions Accountable for Human Rights Violations In July 2008, COHRE joined a discussion with Amnesty International, FIAN, Bretton Woods Project and the Bank Information Center in London, UK regarding the human rights obligations of international financial institutions such as the World Bank and the International Monetary Fund and to craft campaigning strategies to hold such actors accountable for human rights violations. In addition, COHRE presented on the Chixoy Dam case before the Inter-American Commission on Human Rights, which implicates the States on the decision-making bodies of the World Bank and the Inter-American Development Bank for human rights violations in Guatemala, and the World Bank Inspection Case in Ghana.

Legal Strategies for Enforcing Indigenous Land Rights and the Prohibition on Forced Eviction in Papua, Indonesia In February 2008, COHRE carried out a one-day workshop for local activists in Papua, Indonesia.

The workshop covered the international human rights framework, how that framework empowered local, grassroots advocacy, and how to enforce right before international mechanisms and use such mechanisms for local impact. Particular focus was on the prohibition of forced eviction, the prohibition on racial discrimination, and the right of indigenous peoples. Comparative examples were given and links with similar activists were facilitated to create solidarity at the national and international levels.

At the end of the workshop, participants drafted their own Plan of Action on to use the human rights framework in their advocacy and how they feel COHRE can contribute to their struggle.

Housing is a Human Right Workshop: Chicago, Illinois, U.S.A. In April 2008, the COHRE Litigation Programme helped organized a Housing is a Human Right Workshop during the U.S. Human Rights Network biannual conference. The Workshop was designed to provide participants with an understanding of how international human rights norms and standards can be used to advocate on behalf of housing rights at the local level. This approach recognises the legal duties of government authorities to respect, protect and fulfil the right to adequate housing for every member of society without discrimination. The Workshop provided an important opportunity to bring a new perspective, namely that of international human rights, to the familiar policy debates surrounding domestic housing issues in the U.S. The Workshop was also designed to raise awareness about housing as a human right amongst the local housing advocacy community in Chicago. One of the key focuses of the Workshop was to bring in and rely on partner organizations that have participated in previous COHRE workshops, and thus have a peer-to-peer exchange of how people have successfully applied international human rights norms, standards and strategies at the local level in other parts of the U.S. Additionally, it discussed 52

COHRE’s groundbreaking research on housing rights in the context of the Olympic Games and how to devise a strategy to ensure that if the Games come to Chicago, they are implemented using a human rights-based approach.

Right to Water workshops in Israel The Litigation Programme took part in a two-day workshop in February 2008 near Jerusalem on the right to water and sanitation under international human rights law. The LP contributed content on State obligations to respect, protect and fulfill the right to water and sanitation as well as on enforcement mechanisms and strategies.

A one-day workshop was held in November 2008 for Bedouin communities near Be’er Sheva. This workshop, aimed at the grassroots level, contained both information on human rights standards and mechanisms related to water and sanitation as well as practical information on the link between water and health.

Right to Water workshop in West Bank, Palestine The Litigation Programme took part in a one-day workshop in February 2008 in Ramallah, West Bank, Palestine on the right to water and sanitation under international human rights law. The LP contributed content on State obligations to respect, protect and fulfill the right to water and sanitation as well as on enforcement mechanisms and strategies.

Right to Water workshop in West Bank, Palestine In November 2008, COHRE conducted a two-day workshop in Ramallah on the right to adequate housing under international human rights law and humanitarian law. The 24 workshop participants included Palestinian non-governmental organisations, members of the Ministry of Housing of the Palestinian Authority, advisors to the peace process final settlement Negotiating Unit, and UN agencies. Participants examined relevant human rights and humanitarian law applicable to the occupied Palestinian territory, including the prohibition on forced eviction and housing demolition.

Participants came up with plans of action on how to apply this information in a practical manner in their respective capacities.

Brazil: ILO Complaint Dialogue and Capacity-Building Workshop In order to ensure full and meaningful participation of the affected Quilombo community, in early 2008, COHRE organized a workshop in Alcantara, Brazil at which it discussed the drafting of a Complaint to the International Labor Organization regarding violations of ILO Convention No. 169 with the affected communities.

Consortium on Extra-Territorial Obligations At the request of the Consortium on Extra-Territorial Obligations, of which COHRE is a partner, the Litigation Programme prepared a case study on its ground-breaking Chixoy Dam case against Guatemala, the World Bank and the Inter-American Development Bank. The case study examines the legal arguments used by COHRE to address the extra-territorial obligations of the states that were involved in the World Bank and Inter-American Development Bank at the time of the Chixoy Dam massacres. The case study is designed to inform other advocates and contribute to the discussion of legal strategies to hold states accountable for human rights violations outside their national borders.

ESCR-Net International Strategy Meeting and General Assembly The Litigation Programme participated in the ESCR-Net International Strategy Meeting and General Assembly in Nairobi, Kenya in early December 2008. COHRE participated in several Working Groups including the Working Group on Adjudication of ESC Rights where it presented papers on 53

holding international financial institutions accountable for human rights violations and on using civil and political rights to enforce economic and social rights.

University of Minnesota Law School COHRE conducted a three hour discussion and mock exercise on economic, social and cultural rights at the University of Minnesota Law School human rights course and College of Liberal Arts human rights course. Participants included 25 law students and 35 undergraduate students. Participants learned the content of economic, social and cultural rights; strategies for the legal enforcement of such rights; and strategies on how to attain ratification of the International Covenant on Economic, Social and Cultural Rights by the United States.

6.8. Key Challenges The very nature of the legal enforcement of economic, social and cultural rights confronts several challenges. For instance, many States have yet to provide for the justiciability of economic, social and cultural rights through constitutional or legislation means. Inroads have been made in this respect, however, and COHRE continues to use strategic litigation to challenge this particular obstacle. The judiciary and legal profession around the world often lack a detailed understanding of economic, social and cultural rights as legally enforceable human rights, and this lack of understanding creates both a challenge and an opportunity for the COHRE ESC Rights Litigation Programme. The movement for the justiciability of economic, social and cultural rights continues to grow and COHRE has been instrumental in facilitating peer-to-peer exchanges of information as well as bring comparative examples of judicial enforcement to bear in several circumstances.

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7. RIGHT TO WATER PROGRAMME (RWP) 7.1. Key focus country activities 7.1.1. Kenya In response to the political violence following the disputed December 2007 election, the RWP worked with civil society organisations and community leaders to form the Civil Societies Peace Initiative for Nairobi Settlements. RWP contribution to this initiative was to prepare, in consultation with volunteer community representatives, a rapid assessment report of the impact of the violence on the water and sanitation situation in Nairobi’s informal settlements. The report, one of the first human rights reports to be prepared following the post election violence in Nairobi, was shared with relevant government agencies and civil society (document available at www.cohre.org/kenyawater).

The RWP conducted 3 community training workshops in September, October and November of 2008 in Kibera that brought together residents, individual water vendors and community based groups. A total of 142 community representatives were trained. The RWP also held 2 training workshops in October 2008 for the Nairobi Peoples’ Settlement Network (a network of community groups), including a joint meeting with the Nairobi Water Company. A total of 46 community representatives were trained. Between February and April 2008 the RWP held 3 training workshops on monitoring and identifying violations of the right to water and sanitation for 53 community representatives. As a result of these information sharing and training workshops, community groups have increased monitoring of water and sanitation service delivery within Nairobi’s informal settlements particularly in Kibera. Community groups have begun utilising formal water sector complaint mechanisms, including filing reports on irregular billing and corruption. Community groups have also begun articulating their concerns and recommendations based on the human right to water and sanitation to water sector institutions.

The Nairobi Water Company agreed to seriously consider certain recommendations, such as subsidising connections costs in informal settlements.

The RWP, together with local partners and UN-HABITAT, held two multi-stakeholder dialogues in April and November focusing on implementation of the water sector reforms. They were attended by 27 representatives of NGOs, communities and government water sector institutions.

This was the first time representatives of water sector institutions actively participated in such discussions and responded to questions from civil society on their progress in the water sector.

The forums also offered opportunities to both water sector institutions and civil society to engage and develop common positions on the right to water and sanitation.

RWP’s continued support for the development of a strong civil society has enhanced coordination and peer review between civil society organisations including community based organisations (CBOs). In November 2008 the RWP held national civil society workshop attended by representatives from NGOs and CBOs based in Nairobi, Mombasa, Narok and Kisumu. The meeting provided an opportunity to develop joint advocacy strategies to be undertaken in 2009 demonstrating increased institutional attention by civil society to the right to water and sanitation.

In November, the RWP was requested by the Director of Water Services of the Ministry of Water and Irrigation, to provide comments and input on the draft Water Sector Sanitation and Implementation Plan, 2008.

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7.1.2. South Africa Between September 2007 and April 2008, RWP, together with the Centre for Applied Legal Studies (CALS) and the Norwegian Centre for Human Rights carried out research and visits to 15 sample municipalities to review the extent to which they had adopted policies and regulations to implement the right to water and sanitation, for example on issues such as tariffs and extent of provision of free basic water. The research was followed by a workshop in May 2008 made up of 30 representatives of NGOs and community based organisations across South Africa that focus on water and sanitation. The workshop reviewed the findings of the mapping study and discussed future needs and potential joint advocacy by civil society. The findings of the municipality study were also shared with Department of Water and Forestry (DWAF) who pledged to consider them, in view of their new responsibility to carry out regulation at the national level. The report was published in November 2008 and widely disseminated to key civil society organisations and governments in South Africa and on the internet. The report received coverage in several media outlets. In April, RWP also updated a study that it had prepared in 2007 reviewing South Africa’s water and sanitation framework from a human rights perspective and proposing reforms.

In 2007, COHRE’s Litigation Programme and the RWP had intervened as amicus curiae (friend of the court) before the High Court of South Africa (Witwatersrand Local Division) in a legal challenge to prepaid water meters and the design of water pricing for low-income households in the township of Phiri, Soweto, arguing that they violated the right to sufficient water enshrined in the Constitution as informed by international human rights laws, standards and norms on the right to water. In a landmark judgment delivered in April 2008, the court declared the installation of prepayment water meters in Phiri unlawful and unconstitutional and ordered the City of Johannesburg to provide residents of Phiri with 50 litres of free basic water per person. RWP prepared several op-ed pieces on this judgement, which were published in the South African print media and on websites (see www.cohre.org/watersa). The City of Johannesburg has already filed appeal papers and COHRE will intervene next phase of the litigation process.

7.1.3. Israel and the occupied Palestinian territories (oPt) RWP released in January 2008 a report entitled: ‘Hostage to politics: The impact of sanctions and the blockade on the human right to water and sanitation in Gaza’. The report was widely disseminated and used for sustained advocacy on this issue. Due to the continuing deterioration of the humanitarian situation, the report was updated and re-released in June (see www.cohre.org/opt).

Following a request from the civil society Water Coalition in Israel, RWP prepared a submission to the Public Commission for the Bedouin Settlements in the Negev (Goldberg Commission), a government inquiry established to examine the lack of access to water and sanitation in the ‘unrecognized villages’. This submission, which focused on international legal requirements and the prohibition of denial of access to water based on land status, was submitted in February 2008 (See www.cohre.org/israel). In March, RWP and the Litigation Programme carried out a two-day training on advocacy for the right to water to water and sanitation in partnership with Shatil and the Water Coalition in Israel. This workshop was attended by 20 individuals from NGOs working in water and sanitation or human rights issues in Israel and the oPt. A similar one day training was also held in Ramallah, West Bank in partnership with Palestinian Hydrology Group, attended by 15 representatives from government ministries and UN agencies.

In November, at the request of the Coalition of Organizations for the Right to Water, RWP held a one day community training for members of the Bedouin community in the Negev/Naqab, attended by 19 members of the Bedouin community, 9 of whom were women. RWP also facilitated a session on the right to water and sanitation in a two day COHRE housing rights 56

workshop held in Ramallah in November, attended by 24 representatives of UN agencies, local NGOs and local government.

In June 2008, COHRE with nineteen other leading human rights, humanitarian and development organisations from Europe, Israel and oPt wrote to the European Union institutions and member States asking to make continuation of the EU-Israel Association Agreement conditional upon Israel's compliance with its international human rights obligations including those relating to the right to water and sanitation. A resource pack to assist others to lobby the EU and OECD was produced (see www.cohre.org/watsannews). RWP drafted a similar joint civil society letter to member states of the OECD in September 2008 calling for Israel's accession to be conditional upon its human rights performance. RWP also prepared the water and sanitation component of COHRE’s submission to the Human Rights Council for Israel's Universal Periodic Review (UPR) and contacted various States on its contents. In the UPR process, Canada posed questions to Israel regarding the issue of the right to water and sanitation for Bedouin communities in Israel and made recommendations for improved respect of human rights.

In November 2008, COHRE produced a fact sheet on the right to water in Israel aimed at providing information to local NGOs and communities. This will be translated into local languages next year. In December, a report Policies of Denial: Lack of access to water in the West Bank was released and widely disseminated via internet listserves.

7.1.4. Argentina In 2008, COHRE and its partner ACIJ prepared a report evaluating the new institutional framework and policies for water and sanitation in the metropolitan area of Buenos Aires from a human rights perspective. This report was broadly distributed and several consultations have taken place with different government representatives. A formal meeting to discuss the report took place in May 2008 with 6 government officials and 3 academics. National legislators received copies of the report and the Head of the Human Rights Commission at the Chamber of Deputies (the national legislature) requested more information about the situation described in the report.

RWP has also prepared a preliminary draft of a report assessing the water and sanitation frameworks for a number of provinces in Argentina. This report will be finalised in 2009 and form the basis for a campaign for a national policy to secure the right to water and sanitation.

RWP has continued providing support to the low-income community of Conet in the outskirts of Buenos Aires whose population (45,000) relies on water from contaminated wells. RWP’s previous community training and advocacy had resulted in official recognition that the water supply network should be extended to Conet as a matter of priority and assisted the community to formally create an advocacy organisation. In 2008, RWP continued to assist community members to monitor the implementation of the extension of water supply networks and to lobby for the provision of sanitation services. RWP also began participating in ‘espacio agua’ (water space), a coalition of local groups working on water resources problems, and it is assisting this coalition to plan common strategies to address the issue of highly polluted river basins.

7.1.5. Brazil In November 2008, RWP published and disseminated a report on the extent to which the country has implemented the right to water and sanitation, suggesting priority actions for government and other stakeholders. In December, RWP carried out a national training seminar for 55 members of NGOs and social movements that are representatives in the Sanitation Technical Committee of the Council of the Cities (a national participative decision-making body).

The training helped prepare individuals to participate in the process of development of the 57

national water and sanitation policy, which will commence in 2009, and also empowering them to use the right to water and sanitation and tools contained in the 2007 Water and Sanitation Law. RWP has also prepared a simplified booklet for popular education on international human rights obligations and the 2007 national Water and Sanitation Law to be used in 2009.

RWP has strengthened partnerships with NGOs, social movements and coalitions working on the right to water and sanitation in Brazil. Together with these partners, especially the National Coalition for Environmental Sanitation and the National Urban Reform Forum, RWP has carried out advocacy to the government to promote better standards on the right to water and sanitation in the country. RWP gave inputs to the draft Presidential Decree regulating the Water and Sanitation Law and has participated in a national consultative meeting prompted by Federal Government on the subject. The current working version of the Decree includes some of RWP’s inputs, such as the explicit recognition that universal access to water and sanitation does not depend on the land or housing status. RWP also prepared the water and sanitation section of the COHRE submission in April to the UN Committee on Economic, Social and Cultural Rights in advance of the Committee’s review of Brazil.

RWP, together with residents of the Vila Ipê São Borja, an informal settlement in Porto Alegre, presented a petition to the local Department of Water and Sewerage (DMAE). The petition requested that DMAE cease several violations of the right to water and sanitation, including disconnections of water (carried out without consideration of ability to pay), use of water meters programmed to stop after a set amount of water is distributed to the whole informal settlement, charging of illegal tariffs and lack of information on water quality in the informal settlement. As DMAE did not respond to the petition, RWP presented a claim to the ‘Human Rights Defender’ at the State’s Attorney General office. A hearing is scheduled for January 2009. As a result, DMAE has refrained, for the moment, from implementing its planned disconnection of water services and use of automatic shut-off water meters to residents of Vila Ipê São Borja. However, the Department has already started to use those devices in several other informal settlements in Porto Alegre. This policy is being challenged by RWP in the claim to the Attorney General office.

7.1.6. Ghana In 2008, RWP researched and produced a rights-based review of the legal and policy framework of the Ghanaian water and sanitation sector. The review examined the extent to which the framework guarantees the right to water and sanitation in accordance with Ghana’s international human rights obligations and made specific recommendations for improvement. A draft was shared with key government and civil society institutions for comment. In October, RWP organised and facilitated a workshop for representatives of 12 national NGOs working on water and sanitation issues. The workshop considered the ‘rights-based review’ document and the potential opportunities to use human rights standards to promote necessary reforms in the water and sanitation sector. The finalised review will be disseminated in January 2009. In April, RWP contributed information on government’s performance in the water and sanitation sector to COHRE’s submission to the Human Rights Council’s Universal Periodic Review of Ghana.

7.1.7. Ecuador Ecuador carried out a constitutional reform process, in which civil society actively participated. In May, RWP prepared a position paper to the organisations Mi Cometa and Observatorio Ciudadano de Servicios Públicos de Guayaquil, on their request, on potential content to propose on right to water and sanitation standards to the Constitutional Assembly. The position paper was also sent to organisations being assisted by the COHRE Americas Programme in the 58

constitutional review process: Foro Urbano Ecuador, Fundación Tierranueva and Contrato Social por la Vivienda. In June, during the Assembly’s deliberation, RWP prepared a one page document at the request of Foro Urbano Ecuador, giving reasons for the constitutional recognition of the right to water and sanitation. Ecuador’s Constitution, approved by a national referendum, recognises the right to water, raises standards for public services, protects traditional uses of water and releases users from past debts for water and sanitation services.

7.1.8. Laos UN-HABITAT requested COHRE to assist in promoting rights-based approaches in Laos, which is currently developing a draft law on water supply. In July, RWP carried out a mission to Laos to review the water and sanitation framework in Laos. It interviewed and consulted with government officials, international agencies and other actors involved in the water and sanitation sector. RWP prepared a report, with recommendations of potential reforms to strengthen the draft water law, with regard to the right to water and sanitation. The report was discussed at a multi-stakeholder dialogue in September attended by 17 participants from Government of Lao, IGOs and international NGOs. The report was subsequently officially approved by the government. The government reacted very favourably to RWP’s proposed amendments to the draft Law on Water Supply and requested RWP to draft an article enshrining the right to water and sanitation into the draft law, which RWP submitted in November. (Laos falls into the ‘legal advice to non-focus countries’, in which only short-term activities are carried out).

7.2. International Activities 7.2.1. Research and publications Manual on the Right to Water and Sanitation In January, RWP released the Manual on the Right to Water and Sanitation, a 212-page publication which provides practical information, in a manner accessible to non-lawyers, on how governments can implement the various components of the right to water and sanitation in their laws and policies. The Manual was widely disseminated through water and sanitation and human rights listserves. Feedback from a range of users, international NGOs, governments and academics has indicated the Manual has been a key contribution to the field. RWP also arranged for translations of the Manual into French and Spanish, which will be published and released in January 2009 (see www.cohre.org/manualrtws).

Sanitation: A human rights imperative In 2008, RWP prepared together with WaterAid, UN-HABITAT and the Swiss Agency for Development and Cooperation, the first document that provides a detailed analysis of the legal basis and content of the right to sanitation and priorities for its implementation. RWP and partners organised a side event at the 2008 session of the UN Commission on Sustainable Development in New York in May to present a four page summary brochure and a draft of this publication, and to promote discussion of this document. The final publication was launched at the Stockholm World Water Week in August and disseminated through water and sanitation and human rights listserves (see www.cohre.org/sanitation). The publication was also translated into French and Spanish. The document, together with the Manual on the Right to Water and Sanitation has helped shape international discussions on this issue. Most major international meetings on this topic use the term ‘right to water and sanitation’ and not just ‘right to water’.

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Legal Resources for the Right to Water and Sanitation In 2008, RWP continued work on a second edition of Legal Resources for the Right to Water: International and National Standards (first published in 2004) updating and broadening it with new international sources and on the right to water and sanitation and ‘best practice’ laws, policies and jurisprudence from over 50 countries. The new edition is now structured according to the thematic components of the right to water and sanitation (e.g. affordability, participation and access to information) in order to make it more easily accessible and useful for activists, lawyers and lawmakers alike. A first draft document was placed on the internet for comments in April.

The document is currently at the layout stage and is expected to be finalised in February 2009.

7.2.2. Documentation of lessons learnt on implementation In April, RWP finalised a set of case studies documenting and analysing attempts to implement rights based approaches to water and sanitation in Brazil, South Africa, Sri Lanka and Kenya. The case studies are available on-line (www.cohre.org/resources).

7.2.3. Assistance to UN agencies As part of its Cooperation Agreement with UN-HABITAT, RWP prepared a document entitled Operational Guidelines for Implementing Rights Based Approaches to Water and Sanitation Programming, available at www.cohre.org/resources. RWP also prepared a report for UN-HABITAT on entry points through which it can promote the right to water and sanitation throughout its programmes. RWP was also commissioned by the Office of the UN High Commissioner for Human Rights to produce a paper examining the extent to which human rights relevant to the MDG target on water and sanitation had been reflected into country MDG and sector policies in several African and Asian countries. The paper was presented at African and Asian Regional Dialogues on Human Rights and the Millennium Development Goals organised by the OHCHR. Introductory booklet and web-site on the right to water RWP joined partner organisations in two projects to provide a user-friendly overview of the right to water and sanitation for a non-specialised audience, and address frequently asked questions.

RWP, the Office of the UN High Commissioner for Human Rights, Water Aid and World Health Organization are updating a short booklet they produced in 2003 entitled ‘The Right to Water’. RWP provided input to this publication and prepared ‘frequently asked questions’. RWP also carried out a comprehensive revision of the ‘Right to Water’ web-site (established by Water Aid, Freshwater Action Network and Rights and Humanity).

Book chapters RWP staff contributed chapters to two books on the right to water. The first was ‘The Human Right to Water and Sanitation – Benefits and Limitations’ in a forthcoming UNESCO Extea publication, The Human Right to Water - Current Situation and Future Challenges and a chapter (in Spanish) on ‘The Right to Water in Argentina. Experiences in claiming access to water in Argentina in cases of deprivation’ in a publication by two Spanish NGOs, PROSALUS and Ingenieros sin Fronteras.

7.3. Capacity building, networking and training Staff in the RWP programme served as resource persons at a variety of international meetings in order to encourage and assist other actors to implement the right to water and sanitation in 60

development cooperation and in international policy making. The locations and audience of these presentations included:        

 

Amnesty International’s International Secretariat in London (to staff).

The German Mission to the UN in New York.

A conference organised by Friedrich-Ebert-Stiftung, Misereor, AI among others, in Berlin.

Two workshops on the Right to Water and Sanitation organised by the German Federal Foreign Office in Berlin.

A workshop on the Right to Sanitation organised by the Dutch Ministry of Foreign Affairs in The Hague. RWP assisted the Ministry in the preparation of the workshop.

A session on the right to water and sanitation at the Stockholm Water Week 2008 (involving presentations by the legal officers from Kenya and Argentina).

Three presentations in the ‘Right to Water and Sanitation Week’ at the citizens’ pavilion at the EXPO 2008 in Zaragoza.

An academic conference on the right to water and sanitation organised by the Norwegian Centre for Human Rights, UNDP and Oxford University in Oslo (involving presentations by 4 RWP staff).

A meeting of ‘Parliamentarians for water’ involving Parliamentarians from over 15 countries organised as a preparatory meeting for the World Water Forum.

A ‘political café’ hosted by the World Bank in Washington DC, organised by Both Ends and COHRE, to open a dialogue with the World Bank of incorporating the principles of the right to water and sanitation into policy and practice at the World Bank

RWP has also been appointed the topic coordinator for the four sessions at the 2009 World Water Forum on the right to water and sanitation. Working together with a number of other stakeholders, RWP developed a session plan to address the topics of best practices of implementation, community advocacy, the implications of the right to sanitation and emergency situations. The World Water Forum is the largest meeting of stakeholders in the area of water and sanitation.

7.4. International advocacy In January, RWP and Advocacy Unit organised a meeting with governments of Germany and Spain and a several key governments on the feasibility of a resolution establishing a Special Procedure on the Right to Water and Sanitation at the Human Rights Council. RWP sent lobbying letters to 13 key States, as well as position papers addressing the need for a Special Rapporteur on the right to water and sanitation and explaining the legal basis and rationale for a right to water and sanitation.

At the March session of the Council, the governments of Germany and Spain tabled a draft resolution establishing a new UN Special Procedure on human rights obligations related to safe drinking water and sanitation. RWP and the Advocacy Unit accompanied the entire negotiation process in the Council, repeatedly spoke at the informal meetings on this resolution and lobbied approximately 20 to 25 governments. COHRE drafted a statement on the title of the resolution, which, after being distributed to key partners, was quoted by several governments in the final informal meeting. COHRE was thanked by the sponsors Germany and Spain in public for its support to this initiative. RWP, COHRE Americas Programme and many partner organisations prepared a formal letters to the governments of Argentina, Bolivia, Brazil, Canada, Ecuador, 61

Mexico, Sweden, United Kingdom and Uruguay to encourage them to co-sponsor and to actively support the resolution tabled by Germany and Spain.

On 28 March 2008, the Human Rights Council adopted by consensus a resolution which recognises that international human rights law instruments such as the ICESCR include obligations with regard to access to safe drinking water and sanitation and establishes a new Independent Expert with a 3-year mandate on the issue. RWP then disseminated the news about this resolution widely (see www.cohre.org/watsannews, March 2008).

The March 2008 resolution did not specifically use the term ‘right to water and sanitation’ due to opposition led by Canada and the United States. However, it is expected that a thematic resolution to formally confirm that the right to water and sanitation is part of international human rights law will be presented at the Council by 2010. RWP began preparing a campaign to secure the successful adoption of such a thematic resolution by the Human Rights Council. It established a listserve for NGOs actively lobbying on this issue, currently compromising 25 NGOs. RWP prepared a rebuttal of the positions taken by Canada against the right to water. In June, RWP, in cooperation with African partners, RWP sent advocacy letters to a large number of member States of the African Union, encouraging them to emphasise the importance of the right to water and sanitation.

To gather support for the right to water and sanitation among strategic countries that had been critical or ambiguous about the right in the Council so far, RWP carried out an advocacy campaign at the 3rd South Asian Conference on Sanitation (SACOSAN) in Delhi in November 2008. After sustained lobbying by RWP and several partner organisations from the South Asian region, the eight participating States – India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, Maldives and Afghanistan – stated in the Delhi Declaration resulting from the conference that they: “Recognise that access to sanitation and safe drinking water is a basic right, and according national priority to sanitation is imperative.”

7.5. Key Challenges  Political violence in Kenya set back the work by RWP and partners to mobilise communities to lobby for improved basic services by at least a year. Political violence with ethnic overtones has also harmed community mobilisation.  In Brazil, delays in the procedure of the Attorney General’s are an obstacle to RWP’s strategy to prevent Porto Alegre’s Water and Sewerage Department from implementing policies that violate the right to water of residents of the Vila Ipê São Borja informal settlement.  At the international level, Canada, the United States, and Russia put up significant opposition to any text that formally refers to the term ‘right to water and sanitation’. The therefore sponsors of the March resolution presented a weaker resolution in order to gain consensus.  Although policy makers and members of civil society are increasingly interested in the right to water and sanitation, they are often unaware of its content and how it can be practically implemented.

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8. WOMEN AND HOUSING RIGHTS PROGRAMME (WHRP) COHRE aims to integrate a gender-sensitive approach into its housing rights advocacy. In order to secure women’s housing rights, we believe that it is critical to employ a methodology and an approach which recognises that gender neutral forms of advocacy are simply not enough to make a real change in the lives of women. Indeed, in order to address the housing rights violations which women and girls experience, it must also be understood that those violations are not only rooted in unjust systems of poverty and social neglect, they are also deeply rooted in systems of gender-based oppression which must themselves be challenged and put right.

COHRE’s commitment to women’s equality includes an emphasis on in-house women’s housing rights training and gender mainstreaming. This commitment was reinforced in the COHRE Strategic Plan (2007-2009). As a programme with key expertise in this area, the Women and Housing Rights Programme (WHRP) at COHRE has served as an important internal resource on these issues. In 2008, for example, the WHRP prepared a comprehensive draft Gender Mainstreaming Manual for COHRE, and coordinated a series of gender mainstreaming trainings with COHRE field staff based in Accra, Porto Alegre, Phnom Penh and Colombo.

While we strive to implement gender mainstreaming throughout COHRE’s programmatic work, we also know that this does not and should not replace specific work focusing exclusively on the advancement of women’s housing rights.

As such, the WHRP carries out a range of international, regional and national advocacy activities aimed at securing women’s housing and land rights and advancing new frontiers in the area of women’s housing rights. The WHRP seeks to enforce women’s housing rights at all levels so that more women and girls, in all corners of the globe, are able to fully enjoy their housing rights.

8.1. International Activities Advancing Critical Themes in the Area of Women’s Housing Rights In 2008, the WHRP significantly expanded its pallet of advocacy initiatives to include additional issues which today threaten the housing security of literally millions of women around the world.

These issues have included the impact of urbanisation on the realisation of women’s housing rights; the link between women’s housing rights and the HIV/AIDS pandemic; the experiences which women face when threatened or victimised by forced eviction; and the relationship between women’s housing rights and the pervasive problem of domestic violence. The issues have been addressed through the advancement of key projects which seek to combine intensive fact-finding, innovative reporting, and high-level advocacy.

Women, Slums and Urbanisation This year, the WHRP examined the worldwide phenomenon of urbanisation from the point of view of women’s housing rights. Through extensive global fact-finding, the WHRP documented the experiences of women and girls living in slum communities throughout the world, premised on the idea that both the causes and consequences of urbanisation for women are, in fact, unique and deeply related to issues of gender. Shining the light on these experiences has made this work truly distinctive.

Working across the Americas, Asia, and Africa, the WHRP interviewed women and girls living in six global cities, representing some twenty different (and indeed, diverse) slum communities. The stories shared by these women and girls elucidated the very personal struggles which women face in their day-to-day lives, as well as the broader connections that these struggles have to issues of 63

gender-based violence, gender discrimination, and women’s housing insecurity. In turn – as this report makes clear – for women, these issues are themselves intimately connected to the global trend towards urban growth.

The final report (please see ‘Publications’ below) presents important background information on the global realities of urbanisation, including trends and analysis and assesses some of the primary ‘drivers’ for women’s migration to the cities, including issues such as violence against women, forced eviction, and the feminisation of poverty. The report presents key findings and recommendations, which have served as a basis for further advocacy. For example, in Mumbai, the WHRP participated at a National Alliance of People’s Movements (NAPM) rally of over 5,000 slum dwellers on anti urban poor policies of women. A summary of the report’s section on Mumbai, as well as a summary of key recommendations, was prepared in the form of a two page pamphlet. The pamphlet was translated into Hindi and distributed to crowd, as well within the slum communities where COHRE’s original research was carried out. Other follow through advocacy activities have similarly been planned and carried out in other regions.

Women’s Housing Rights within the Context of the HIV/AIDS Pandemic Through previous research and advocacy, the WHRP has shown that when women’s housing rights are respected and protected – including when women and girls are able to inherit and control housing, land and property – women and girls are better able to cope with the detrimental effects of HIV/AIDS. Because housing security leads to better living conditions, access to livelihood and access to education, women and girls are often better able to mitigate the negative personal and financial impact of HIV/AIDS. Furthermore, a secure home and all that comes with it enhances personal autonomy and reduces many of the risk factors associated with HIV/AIDS. Critically, for women, the realisation of housing and land rights may actually prevent HIV/AIDS transmission in certain cases by reducing dependency and enhancing personal autonomy.

In order to build on its previous work in this area, this year the WHRP coordinated a series of fact-finding missions to reveal the interconnectedness of the issues, particularly focusing on the Sub-Saharan African countries of Ghana, Uganda and Kenya. The WHRP is currently interviewing women affected by, and living with, HIV/AIDS, with the intention of releasing a cutting edge report on these issues in 2009. While some notable work has been done to unearth the nature of the problems, the WHRP hopes to build upon existing knowledge and contribute its expertise in this area of women’s housing rights to the development of critical solutions. This project will form a platform for further advocacy in 2009, particularly in relation to WHRP’s activities in Africa.

Women’s Experiences of Forced Evictions Forced evictions represent a brutal violation of the right to adequate housing, and have particular ramifications for women. Through its previous research, the WHRP has documented that women are most often the primary targets during forced evictions because evictions most often take place during the day, when women (often perceived to be less likely to resist) are at home. In the midst of the violence and chaos which often accompanies forced evictions, private actors and State security forces, including the police, often perpetrate acts of physical and sexual abuse and harassment against women and girls. Indeed, the affects of forced evictions are very hard on women, as women are often charged often with taking care of the children and family before, during and after an eviction takes place, and for providing a sense of stability at home. In cases where a woman is the sole economic provider for her household, forced eviction can also result in utter destitution for herself and her children.

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In order to further address these issues and contribute to advancing gender-sensitive policy on forced evictions, the WHRP – in collaboration with the COHRE Global Forced Evictions Programme – conducted a series of fact-finding missions focusing on women’s experiences in the context of forced evictions. These fact-finding missions focused on women’s experiences in Cambodia, India, the Philippines, and Sri Lanka. The WHRP is currently using this information to produce an equality rights analysis of international human rights standards related to forced evictions, which will be used to inform future advocacy on women and forced evictions throughout the world.

Women’s Housing Rights and Domestic Violence Too often, victims of domestic violence face the stark ‘choice’ of either living on the street or being beaten by a partner. In many cases, victims of domestic violence have difficulty accessing alternative housing because of an abhorrent lack of domestic violence shelters, transitional housing programmes, and public or market rate housing which is affordable to poor women.

Victims of domestic violence are also routinely denied access to housing due to discrimination on the part of landlords and others. It is imperative that the housing security of these women is adequately ensured, so that access to housing does not become barrier for women seeking to leave abusive situations.

This year, the WHRP has engaged with its partners in the Americas region to coordinate a series of fact-finding missions – focusing on Argentina, Brazil and Colombia – with the ultimate aim of releasing a regional report on domestic violence and women’s housing rights in the Americas.

Armed with the key recommendations arising from the research, the WHRP aims to work with regional partners and the Inter-American Commission of Women to address the issue.

Women’s Land Link Africa (WLLA) Project The WLLA project is a collaboration of existing initiatives that support and strengthen women at various levels with particular focus on communities to enable them access to, and control over, housing and land. The WLLA uses a grassroots empowerment and rights-based approach to address the growing need to link women and share information on women’s housing and land rights throughout Africa.

This year, in addition to mapping and other traditional activities of the WLLA, the WHRP has been working with its WLLA partners to conduct national surveys on the real impact of land reform initiatives on women, through a process of women-led evaluations, in order to generate data to be used as an advocacy tool to improve upon existing and future land reform programmes as well as engender land related policies (please see ‘Kenya’ and ‘Ghana’ below for further details).

In support of this work, the WHRP also participated in the Sixth African Development Forum (ADF), a joint initiative of United Nations Economic Commission for Africa (UNECA), the African Union (AU) and the African Development Bank (ADB). Its purpose is to identify salient development challenges affecting the continent and bring them for debate with the aim of coming up with consensus on the plan of action to be taken by states to address the challenge.

This year’s theme was on ‘Gender Equality and Ending Violence Against Women in Africa.’

During the Forum, the WHRP participated in expert consultation meetings on the draft AU Land Policy (organised by UNIFEM, ActionAid, AWDF and others). The meeting examined the draft Policy and examined its gender gaps. The review was presented to the drafters for incorporation 65

in the final draft of the Land Policy, which is scheduled to be presented to States during the AU Summit in March 2009.

In collaboration with our partners Huairou Commission and the Uganda Community Based Association for Child Welfare (UCOBAC), the WHRP also co-sponsored the first ever Grassroots Women’s International Land Academy which took place in Entebbe, Uganda. Over forty participants from across Africa participated in the Academy. The Land Academy had a strong focus on experience-sharing and peer learning and provided a unique space for community-based grassroots leaders to celebrate and share the important knowledge and skills that grassroots women have been employing to fight for women’s rights to housing, land and other core productive assets.

In 2008, the WHRP also successfully launched the WLLA website (www.wllaweb.org). The website is a key component of our efforts to raise awareness about women’s housing and land rights in Africa, and its also serve as an important information hub for about 300 of its partners across and beyond Africa.

Advocating for Women’s Housing Rights within International Human Rights Mechanisms This year, the WHRP also engaged at an unprecedented with international human rights mechanisms to advance women’s housing rights, including before the UN Human Rights Council (HRC, please see ‘Ghana’ section below), UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), the UN Commission on the Status of Women (CSW), the UN Commission on Sustainable Development (CSD), and the African Commission on Human and People’s Rights.

UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) In 2008, in collaboration with COHRE Advocacy Unit, the WHRP assisted with the preparation of a Shadow Report to CEDAW on the situation of women’s human rights in Slovakia. The report noted the dire housing situation of an extremely marginalised segment of the Romani community in Slovakia and was prepared by a consortium of NGOs, including COHRE, the Alliance of Women in Slovakia, EsFem, the Center for Civil and Human Rights, Fenestra, Milan Šimečka Foundation, the Cultural Association of Roma in Slovakia, and Pro Choice Slovakia.

The WHRP also joined forces with these organisations to lobby Committee members and government officials during the Slovakia review process at CEDAW. The WHRP is currently working with partners and coalitions in Argentina and Israel/Palestine to highlight women’s housing rights issues when those countries are reviewed before CEDAW in 2009. The WHRP is also engaging with Committee members to advance women’s housing rights more generally, including perhaps through the eventual adoption of a General Recommendation by the Committee.

UN Commission on the Status of Women (CSW) In addition, this year, the WHRP coordinated a high-level side event during the 2008 Commission on the Status of Women (CSW) to highlight the connections between women’s housing, land and property rights and the HIV/AIDS pandemic. The panel ‘Shelter from the Storm: Securing Women’s Housing, Land and Property Rights in the Struggle Against HIV and AIDS,’ was held at UN Headquarters in New York and included presentations by Elizabeth Mataka, the UN Special Envoy for AIDS in Africa, and Joanne Sandler, acting Executive Director of UNIFEM, as well as four prominent women’s rights activists from around the world.

An impressive group of co-sponsoring organisations supported the CSW event, including Human 66

Rights Watch, UNIFEM, UNDP, FAO, ActionAid, the Global Coalition on Women and AIDS, the Huairou Commission, and the International Center for Research on Women.

Specific ideas for financing of housing and land rights programs for women in the context of HIV/AIDS were highlighted. Beyond raising the relevant issues, the event also served as an opportunity for allies to further concretise recommendations for action, and ideas for follow through advocacy dovetailed as a result of the panel discussion. One such advocacy initiative included joint coordination of a side event on women’s property rights which was later held at the International AIDS Conference in Mexico City with the support of the WHRP. UN Commission on Sustainable Development (CSD) The WHRP also hosted, together with the Global Land Tools Network, UN-Habitat, FIAN International, Hakijamii Trust, Huairou Commission and Slum Dwellers International, a side event during the UN Commission on Sustainable Development entitled ‘Grassroots and Legal Empowerment’ at UN Headquarters in New York. The panel event raised the issue of secure land rights for the poor and the importance of learning from grassroots driven processes, including those of grassroots women.

African Commission on Human and People’s Rights The WHRP coordinated and facilitated the active participation of WLLA partners from Sudan, Tanzania, Ghana and Nigeria at the 44th ordinary session of the Africa Commission on Human and People’s Rights in Abuja. In collaboration with the Special Rapporteur on the Rights of Women in Africa, the WHRP held a parallel event under the theme ‘Upholding women’s rights to a high standard of living; housing, health and wellbeing in Africa.’ This event brought together some 50 participants, including three prominent members of the Commission, namely the Special Rapporteur to the Rights of Women in Africa (who chaired the event), the Vice President to the Commission and the Special Rapporteur to the Rights of Refugees and Displaced Persons.

Participants and presenters discussed concrete policy recommendations aimed at advancing women’s rights within the African human rights system, and these recommendations were presented to the Commission for further considerations. The Special Rapporteur to the Rights of Women in Africa committed herself to continued engagement on these issues andagreed to work further with the WHRP. In addition to the above, as the Commission was set to review the country reports of Sudan and Tanzania, the WHRP also facilitated and coordinated the preparation of shadow reports from its partners from Sudan and Tanzania. These shadow report were also presented to the Special Rapporteur on the Rights of Women in Africa to guide her work during and after the Commission session. In each review session, the status of women’s housing and land rights were raised prominently as an area of concern.

8.2. Key Focus Country Activities 8.2.1. Philippines In collaboration with the COHRE Asia and Pacific Programme and the Grassroots Women’s Empowerment Centre (GWEC), the WHRP coordinated and released it report entitled ‘Women of the Railways: Forced Eviction and the Right to Adequate Housing for Women in the Philippines.’ The report addresses the situation of mass forced evictions in the Philippines, particularly as related to the displacement of thousands of families in Manila to make way for the development of the national railway line, a project sponsored by the government and supported 67

by foreign development banks. Many of these families have been forced to move to relocation sites north and south of Manila.

As a result of this project, the WHRP made important recommendations on concrete steps that can be taken in order for women victims of the North Rail – South Rail eviction to exercise and enjoy their right to adequate housing. These recommendations will also be of relevance for women facing similar threats of forced eviction in other parts of the world, and therefore help to support the WHRP’s work on the impact of forced evictions on women, more generally. The project has also provided the WHRP with a unique opportunity to provide a legal analysis of the relevant international human rights standards and how they apply specifically to women facing forced evictions.

8.2.2. Sri Lanka COHRE Sri Lanka and the WHRP this year undertook an innovative project to demonstrate how the application of the seemingly gender neutral concept ‘head of the household’ in administrative practice actually ends up resulting in and perpetuating violations of women’s housing rights in Sri Lanka. Based on original research, including fact finding missions in Sri Lanka with Tsunamidisplaced women, a briefing paper on the ‘head of the household’ concept was produced this year, as well as a more comprehensive study on the application and impact of the concept. This work has also been coupled with high-level advocacy, including lobbying of the Sri Lanka Attorney General and the Sri Lanka Deputy Land Commissioner, to advocate for joint ownership and retraction of the ‘head of the household’ concept.

As a unique awareness raising event, a dramatic play on women’s housing rights was also held at Galle Face Hotel to celebrate International Women’s Day. In 2008, several training events were also held in various parts of the country, addressing women’s housing rights in Sri Lanka, as well as gender-sensitive disaster management.

8.2.3. Ghana In 2008, in collaboration with COHRE Advocacy Unit, the WHRP presented a report on Ghana’s housing rights situation to the newly instituted Universal Periodic Review process at the UN Human Rights Council. The report specifically highlighted the situation of women’s housing rights in Ghana, including gender discrimination in inheritance matters. While women in Ghana represent a large part of the workforce, they are still unable to secure land and housing due to economic and gender-based inequalities. Women make up roughly 85 per cent of the wholesale and retail trading industries and about two-thirds of manufacturing in the informal sector, but do not make sufficient income to pay increasing rent costs and advance rent payments required by landlords. Without affordable options, women are often forced into inadequate living situations, often in slums and without access to water and proper sanitation facilities. Further, because gender inequality is still evident in government institutions, traditional leadership and within customary laws and practices, there are many structural barriers women continue to face in lifting themselves out of the cycle of poverty. For example, women’s inability to directly inherit land in both patrilineal and matrilineal systems excludes women from systems of ownership and secure tenure. Furthermore, barriers to education, employment and healthcare deny women of their fundamental rights and perpetuate women’s inability to access adequate and affordable housing for themselves and their families.

Various follow-through activities took place as a result. For example, the WHRP participated in a media conference coordinated by a coalition of human rights NGOs to highlight concerns raised by civil society organisations during the UPR on Ghana. The WHRP’s issues were captured in 68

print and electronic media in Ghana. Since then, the WHRP has received requests from journalists who want to know more about COHRE’s positions on issues of forced eviction. In particular, the WHRP was also invited by the Association of Ghana Journalists to train about twenty journalists from different media houses across Ghana in the right to adequate housing. In addition, the WHRP has also been involves in ongoing national lobbying activities related to Ghana’s Housing Policy, Intestate Succession Bill and Spousal Property Bill.

Activities in Association with the WLLA Project In collaboration with a partner organisation, Community Land Development Foundation (COLANDEF), Ghana, the WHRP this year conducted a gender sensitive land reform survey to measure the real impact of land reform initiatives on women through a women-led evaluations process. The survey is based on information regarding different aspects of land administration practices in Ghana. The aim of the survey is to broaden and deepen understanding on land reforms in Ghana and the impact these reforms have on women. The survey was also meant to establish underlying reasons for reforms, how they are carried out and the effects it has had on land administration practices in general, but women’s security of tenure in particular. The data generated is to serve as an advocacy tool to improve existing and future land reform programmes as well as engender land related policies in Ghana and elsewhere in Africa.

8.2.4. Kenya Through its WLLA project, the WHRP also facilitated a gender sensitive land reform survey, in collaboration with the Centre for Social and Environmental Justice (CSEJ), in Kenya. The areas covered by the survey include Makueni, Machakos, Nakuru, Kakamega and some parts of Nairobi. Women were interviewed, focus group discussions were held with organisations working in the area of women’s land rights. From the survey, it was clear that more of work needs to be done in the area of engendering land policies and giving women equal ownership to land in Kenya. The recommendations from this survey have been inputted in the draft Land Policy for Africa of the African Union.

8.3. Publications Women, Slums and Urbanisation: Examining the Causes and Consequences This year the WHRP successfully concluded implementation of its global project on women, slums and urbanisation, culminating in the release of a groundbreaking new report ‘Women, Slums and Urbanisation: Examining the Causes and Consequences.’ 1,500 copies of the report have been printed and are being disseminated to key partners and agencies.

Women of the Railways: Forced Eviction and the Right to Adequate Housing for Women in the Philippines The WHRP, in collaboration with the COHRE Asia and Pacific Programme and the Grassroots Women’s Empowerment Centre (GWEC), released its report ‘Women of the Railways: Forced Eviction and the Right to Adequate Housing for Women in the Philippines.’ The report is being used COHRE and partners within the Philippines to lobby nationally and internationally on behalf of women forcibly evicted by the North Rail -South Rail.

Women and Housing Rights Fact Sheet Series 69

The WHRP this year launched a series of ten fact sheets addressing various issues pertaining to women’s housing rights. The fact sheets are easily accessible to the layperson, professionally designed and have been widely distributed at international meetings and other events, and are also available on the COHRE web-site (www.cohre.org/women).

WLLA Handbook on Effective Tools to Promote Women’s Housing, Land and Inheritance Rights Under the auspices of the WLLA project, the WHRP prepared a ‘Handbook on Effective Tools to Promote Women’s Housing, Land and Inheritance Rights.’ This handbook is designed to be a simple introduction to some basic tools necessary for women to create and build linkages to effectively engage other women, groups and organisations to protect and promote women’s housing, land and inheritance rights.

The handbook is in line with many aspects of WLLA’s objectives: to strengthen grassroots local knowledge, share and analyze lessons learned across regional and global levels, build partnerships and create linkages with other organisations, and increase knowledge transfer. The handbook supports women by providing them with easy-to-follow steps, guidelines and suggestions that allow for effective networking, communication, planning and documentation as well as to provide information on human rights to land, housing and inheritance. The handbook was developed in cooperation with partner organisations and with the contribution of several grassroots women’s groups. 700 copies of the handbook have been printed and are being disseminated to partners across Africa.

WLLA Posters and Stickers The WHRP developed creative posters and stickers to create and increase awareness on women’s housing, land and inheritance rights in Africa, and to link these rights have with other important rights. The WHRP has distributed the poster and stickers to about 60 partners in Ghana and Nigeria and hope to distribute more in 2009.

Sources 5: Women and Housing Rights (Second Edition) The WHRP released its publication ‘Sources 5: Women and Housing Rights.’ In 2000, the WHRP first published its groundbreaking report ‘Sources 5: Women and Housing Rights.’ The Second Edition of Sources 5, the WHRP presents updated information on advancements in the area of women’s housing rights, focusing on critical issues which have emerged over the past decade. Like the original Sources 5, this Second Edition is meant to inform and support the work of women’s housing rights advocates around the world, and to illuminate standards and strategies which may be employed in local struggles to protect women’s housing rights. The publication has been distributed to international human rights organisations, grassroots women’s rights groups, national policy makers, UN agencies, legal advocates, and other interested stakeholders.

8.4. Conclusions and Key Challenges This year the WHRP continued to show leadership in the area of women’s housing rights and continued to expand its advocacy activities at local, national and international levels. The combined activities of the programme this year demonstrate our commitments to partnership, strategic direction and global scope. In the year ahead, the WHRP hopes to significantly build on the activities of this year, advancing new standards and new issues in relation to women’s housing 70

rights, while at the same time rooting ourselves in the lived experiences of women facing violations of their housing rights.

This year, the WHRP held its annual staff retreat in Phnom Penh. At this meeting, team members were able to discuss and reflect upon lessons learned over the past year, and to identify gaps which the Programme could be itself better addressing. A major gap, which was raised by WHRP staff members working in different regions of the world, was the lack of awareness that most women – and particularly poor women – have about their own housing, land and property rights. This is a gap which we routinely confront in our work. This recognition has led the programme to increasingly prioritise capacity building for women across the world, so that they may know more about their rights.

This year the programme has been challenged by some of the complexities of working in partnership with others, which often requires the investment of additional time, and a natural give and take. Nonetheless, it is an approach to our work to which we are fundamentally committed.

In terms of other challenges, at times the programme has also faced some financial challenges, which in some cases have limited various activities, for example printing of reports and other materials. While some reports have gone exclusively on the website, and have been distributed electronically, we believe that it is nonetheless important to our impact and visibility as a programme to have materials available in hard copy. These same limitations many times also preclude us from producing materials in languages other than English. To address these types of challenges, we intend to continue building and diversifying our donor base in support of our work into 2010 and beyond.

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9. COHRE ADVOCACY 2008 Major achievements of COHRE Advocacy during 2008 include the approval by the UN General Assembly, after close to two decades of work, of an Optional Protocol to the Economic, Social and Cultural Rights Covenant, creating, among other things, petition procedures under the Covenant. Other major COHRE Advocacy successes in 2008 include the creation by the Human Rights Council of a Special Procedure on the right to water and sanitation, as well as. COHRE demonstrated leadership in the Universal Periodic Review proceedings, at UN Treaty Body and other review mechanisms, as well as under non-UN procedures.

COHRE’s advocacy efforts also delivered significant impact in 2008 in the amelioration of housing rights abuses worldwide: the imminent, threatened evictions of communities in the Czech Republic, Sri Lanka, the Philippines, Serbia and elsewhere were stopped. COHRE work advanced and improved law in a number of the jurisdictions where we work. In a key development, as a direct result of COHRE’s 2007 Violator Award and related advocacy work, COHRE partners in Slovakia report that not a single forced eviction was reported in that country in 2008. Details of work undertaken during 2008 follow below.

9.1. Work with Relevant UN Human Rights Mechanisms United Nations Charter Body Advocacy COHRE has become an early leader in the new Universal Periodic Review (UPR) procedure before the UN Human Rights Council. COHRE was also a regular, active intervener at the 2008 Human Rights Councils, raising both country-specific issues and shaping the institutional work of Council as a whole.

Universal Periodic Review: United Nations General Assembly resolutions leading to system-wide human rights institutional reform have brought about major opportunities for the implementation of human rights in all UN Member States. One of the most important of these developments is the new institution of the Universal Periodic Review (UPR), which became operative in the first half of 2008. COHRE has become an early NGO leader in the UPR. COHRE has worked closely with the United Nations Office of the High Commissioner for Human Rights (OHCHR) and relevant civil society partners to ensure that the UPR is widely known, that adequate consultation takes place at national level, and that the new mechanism has the highest degree of credibility attainable. In addition, in the first rounds of the Universal Periodic Review, COHRE presented housing rights materials on countries including Argentina, Brazil, Colombia, China, Czech Republic, Ghana, Guatemala, Israel, Nigeria, Philippines, Romania, Slovakia, South Africa, Sri Lanka and Switzerland.

During the first interactive dialogues under the Universal Periodic Review, taking place in April and May 2008, COHRE actively lobbied Council governments to take up housing rights issues during the review. Very extensive efforts were expended on the Colombia, Israel and Sri Lanka reviews, including by bringing relevant COHRE staff to Geneva to brief the governments of Council on priority areas. These efforts resulted in housing rights issues being reflected throughout the UPR outcome documents.

At the 8th Human Rights Council session in June devoted to Universal Periodic Review matters, COHRE made eight interventions on particular countries during the slots allotted for NGO intervention, working closely with Geneva-based partners and others to coordinate responses to governments. COHRE also joined a general Geneva NGO statement assessing the first rounds of the Universal Periodic Review as a whole.

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Human Rights Council: COHRE participated actively at the 2008 regular sessions of the UN Human Rights Council, as well as at the Special Session on Gaza and the Occupied Palestinian Territories held in January. At the Special Session on Gaza, COHRE made oral interventions from the floor, launching a report on issues concerning the right to water and sanitation in the context of the Gaza blockade.

In the run-up to the 7th Human Rights Council, COHRE worked with NGO and government partners to prepare the groundwork for a resolution on the right to water and sanitation, planned since the September Council. In January, COHRE hosted pre-Council informal friends-group meetings to help build regional support, with the Spanish and German governments. COHRE then worked extensively during the 7th Human Rights Council to ensure that the adopted resolution met basic minimum requirements. As a result of COHRE and partner efforts, the 7th Council approved the creation of a Special Procedure on the right to water and sanitation, one of the major achievements of COHRE’s right to water and sanitation efforts to date. COHRE also worked closely with the Human Rights Council President, to ensure that a competent and appropriate persons was chosen to fill the mandate.

At the 8th Human Rights Council, COHRE: • Undertook statements on eight of the countries in the final stages of Universal Periodic Review rounds 1 and 2: Czech Republic, Brazil, South Africa, Ghana, Philippines, Guatemala, Argentina and Switzerland.

• Joined statements with partners on urgent Zimbabwe issues.

• Held, jointly with partners, side events on Israel and Zimbabwe issues.

• Joined statements with partners on general outcomes of the first Universal Periodic Review, as well as assessing the work of the outgoing High Commissioner for Human Rights.

• Joined a statement with the Coalition for an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on the adoption by Council of the Working Group’s Optional Protocol text.

COHRE also consulted with a number of special procedures, including the new Special Rapporteur for the Occupied Palestinian Territories. At the 9th Human Rights Council, COHRE worked actively on matters concerning the renewal of the mandate of the Special Rapporteur for Cambodia, a key focus country of COHRE’s work.

In addition, COHRE has continued to be involved in preparatory work for early follow-up activities related to the World Conference Against Racism; has provided extensive input during ongoing consultations on the Draft Guiding Principles “Extreme poverty and human rights: the rights of the poor”; and has participated actively in the first Minorities Forum, held in December 2008.

United Nations Treaty Body Advocacy During 2008, COHRE continued with programmatic Treaty Body submission work on particular countries, as well as to advance key thematic issues.

Committee on Economic, Social and Cultural Rights: COHRE provided the Committee with housing rights materials for its review in May 2008 of France. COHRE also provided written and oral briefings to the UN Committee on Economic, Social and Cultural Rights (CESCR) on Brazil and Kosovo issues during its May 2008 pre-sessional working group meeting. The Kosovo submission focused extensively on housing, land and property restitution issues. COHRE separately alerted the Committee to the problem that the new Kosovo Constitution excludes the 73

Covenant from a list of relevant applicable human rights treaties in Kosovo, and urged urgent follow-up on that matter. The Brazil briefing raised a number of concerns, in particular related to afro-descendent communities.

At the 41st Session in November, COHRE was active in a number of areas of work of the Committee:  Philippines: COHRE facilitated partner input and attendance, assisted in the preparation of major coalition submission, provided written and oral comments to the Committee at luncheon briefing, as well as at NGO open day;  Kenya: COHRE provided a written submission on women's rights in the context of slum housing, and assisted local partners testifying before the Committee;  UNMIK: COHRE followed up pre-sessional work by assisting local partners in presenting extreme housing rights issues in Mitrovica;  Afternoon of General Discussion on Draft General Comment 20, non-discrimination: COHRE provided written comments to draft and participated at day of general discussion; COHRE has continued to discuss issues concerning the draft General Comment 20 with various partners;  Cambodia: COHRE assisted in the preparation of general submission for the November 2008 review by the pre-sessional working group, including via training of partners and coordination in Phnom Penh; COHRE also worked with partners to provide a written Annex submission on Land and Housing issues; COHRE also made oral representations at the NGO pre-sessional open session.

COHRE has also assisted a number of Committee Members with legal and technical advice on housing rights issues, as well as on related issues in the COHRE mandate. With respect to the CESCR Committee, COHRE is currently involved in preparatory work toward submissions on Cambodia and Indonesia.

Committee on the Elimination of Racial Discrimination (CERD): COHRE continued its work with partners to respond to an emerging housing rights crisis in Italy, as the Italian government moved to collectively expel Romanian citizens, in particular Roma from Romania.

One central feature of those actions has been to target the CERD Committee review of Italy’s compliance with international law banning racial discrimination in February 2008. In the run-up to that review, COHRE and partners submitted written comments on Italy’s compliance with the ICERD Convention. With ICCO funding support, COHRE brought six Italian activists to Geneva for training and work with the Committee. In the run-up to the July-August 2008 CERD session, COHRE and partners submitted urgent comments to the Committee to urge the engagement of emergency measures to respond to the further development of extreme threats following the April 2008 general election and the formation of a government with extremist elements. COHRE has played a leading role in organizing disparate grassroots and national level activists to challenge the current forced evictions crisis in Italy.

In addition to the foregoing, COHRE tested for the first time the CERD early warning/urgent action procedure on a series of threatened forced eviction cases concerning Roma in the Czech Republic. In August 2008, the CERD Committee acted on those concerns by sending emergency communication to the Czech government in relation to a series of threatened forced evictions in the town of Novy Jicin. The evictions have for the time being been stopped.

As 2008 closed, COHRE was preparing for a number of actions at the February 2009 CERD session, including via bringing COHRE Bulgaria partners to Geneva for the review.

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Committee on the Elimination of Discrimination Against Women (CEDAW): COHRE worked with a coalition of civil society partners on a general report for the CEDAW Committee, timed for CEDAW’s review of Slovakia in July 2008. Together with local partner the Milan Simecka Foundation, COHRE wrote a specific chapter on women and housing rights in Slovakia, focusing in particular on extreme threats to the fundamental rights of Romani women to adequate housing in Slovakia.

Special Procedures In the first three months of the year, COHRE undertook intensive work to see the creation of a special procedure on the right to water and sanitation. These efforts were ultimately successful.

Details are provided in section 3.3 below.

In addition, in the wake of the appointment of Raquel Rolnik to the position of UN Special Rapporteur on the right to adequate housing, COHRE has worked to assist the mandate holder in the creation of a viable programme of work for the next three years, among other things by: 

Providing Ms. Rolnik with extensive materials on the right to adequate housing, as well as on particular country situations worthy of attention;



Meeting with Ms. Rolnik on a number of occasions to discuss appropriate strategies and actions;



Organising, jointly with the German government, a meeting on June 18 for governments, NGOs and relevant UN officials to discuss appropriate strategies, actions and themes for the first three years of the mandate. COHRE representatives from COHRE Asia, COHRE Americas and the COHRE Global Forced Evictions Programme also attended the meeting.

COHRE has subsequently followed to provide input into the work of the Special Rapporteur as she moves to implement her work plan.

9.2. Provide Direct Access to the UN to COHRE’s Partners in the Field Mobilising Partners for UN Advocacy Inclusion During 2008, COHRE advocacy staff mobilized partners to provide advocacy inputs, and facilitated access to UN institutions. Some actions in this regard follow:  In February, COHRE brought to Geneva and trained Roma and Sinte activists from Italy to the UN Committee on the Elimination of Racial Discrimination (CERD) review of Italy’s compliance with international racial discrimination law. Also in February, COHRE assisted Czech partners in bringing a comprehensive summary of housing rights concerns to the UN Special Rapporteur on the Right to Adequate Housing.  In March, COHRE worked with Colombian activists as part of a broad civil society visit to Geneva to provide international briefing on Colombia issues. The visit included a meeting with High Commissioner for Human Rights Louise Arbour. A similar visit took place in December in the context of the Universal Periodic Review of Colombia.  In May, COHRE assisted Slovak NGO partners in travelling to Italy to work with Italian activists in documenting housing rights abuses in Slovakia to prepare materials for input to the UN Committee on the Elimination of Racial Discrimination.  In May, COHRE joined Philippines activists in a range of Geneva briefings in the context of the Universal Periodic Review of Philippines. In November, COHRE brought Philippines partners to Geneva for review of that country by the UN Committee on Economic, Social and Cultural Rights.

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Also in November, COHRE assisted Kenyan partners in providing input at review of that country by the UN Committee on Economic, Social and Cultural Rights, and worked with Slovak partners to input the upcoming Universal Periodic Review of Slovakia.

COHRE is also in various stages of preparation for work to include local activist partners in a number of upcoming UN review processes. 

Hosting Experts, Fellows and Interns COHRE hosted a range of experts, fellows and interns during the period, including via a standing arrangement with Northeastern University, and individual placements from New York University Law School, the University of Essex Law Department, the University of Vienna Law Faculty, the University of Oxford and the Peacework Development Fund. In addition, in May, COHRE held a two-day training in Geneva for a group of Nigerian parliamentarians working on housing rights law and policy design. Themes covered during the training included the international law ban on forced evictions, right to water and sanitation issues, and global environmental law developments.

Obtain Remedies for Housing Rights Violations The adoption on December 10 of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) constitutes the culmination of many years of COHRE work with partners.

For at least the past two decades, governments, civil society, experts and UN human rights bodies have been working to remedy the long-term gap in human rights protection under the international system arising as a result of the fact that the International Covenant on Economic, Social and Cultural Rights (ICESCR) lacks a petition mechanism. The ICESCR has been, with the International Convention on the Rights of the Child (CRC), one of the only two major human rights treaty to lack a petition mechanism. An inter-governmental Working Group has deliberated since 2004 on the scope and content of a draft Optional Protocol including such a petition mechanism, as well as a range of other measures aimed at making the rights in the Covenant actionable at international level.

For a number of years, and in particular since the beginning of deliberations by the intergovernmental Working Group, the Centre on Housing Rights and Evictions (COHRE) has been among a core group of NGOs working to see the Optional Protocol realized. COHRE is a member of the Steering Committee of the NGO Coalition for an Optional Protocol,1 a framework in which it has worked to mobilize civil society input into the process of preparing the Optional Protocol, and consulted extensively with partners on strategy to see a strong Optional Protocol approved.

On June 18, the United Nations Human Rights Council took the momentous step of approving by consensus the text of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). After approval by the UN’s 3rd Committee, the Optional Protocol was approved on December 10, thus finally remedying one of the major imbalances in international human rights law. The Optional Protocol will open for signature in 2009, and will enter into force when ten states have ratified it. COHRE will work closely with partners in the coming years to ensure effective implementation of this important new mechanism.

1

http://www.opicescr-coalition.org/

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Olympic Games and Other Mega-Events and Housing Rights COHRE continued during the period to follow up on the 2007 launch of the report Fair Play for Housing Rights: Mega-Events, Olympic Games and Housing Rights, a comprehensive document of over 200 pages documenting housing rights issues in seven Olympic host cities and providing detailed recommendations to a range of stakeholders. During 2008, COHRE:  Met regularly with representatives of the International Olympic Committee (IOC), as part of continuing efforts to see housing rights protections incorporated into Olympic processes, including bid, implementation, and follow-up mechanisms; Facilitated a meeting between the IOC and the UN Committee on Economic, Social and  Cultural Rights;  Challenged abuses arising in the context of EURO 2008 football championship in Austria and Switzerland.

In July, COHRE published a report on the impact of the Beijing Olympics on housing rights. In December, aiming to keep up pressure on the IOC, COHRE awarded the International Olympic Committee with one of its three 2008 Housing Rights Violator awards.

Housing, Property and Land Restitution In August 2008, COHRE launched among its most significant advocacy actions concerning housing, property and land restitution to date, a collective complaint under the European Social Charter mechanism, alleging systemic failure to remedy housing rights abuses of ethnic Serbs displaced in Croatia.

The COHRE Collective Complaint focuses in particular on the inadequacy of restitution arrangements in Croatia for ethnic Serbs in socially-owned housing at the time of the conflict in the former Yugoslavia, persons who, at the time, enjoyed the status of “occupancy rights-holder”.

During and after the 1991-1995 civil war in Croatia, Croatian authorities engaged in massive, discriminatory cancellations of occupancy rights, mainly of ethnic Serbs, often in absentia.

The Croatian government has recently begun implementing programs to make housing available to some of the persons excluded from their housing during the conflict, via programs known by the shorthand “housing care”. These programs, however, lack a human rights basis and do not constitute adequate remedy for violations of Charter rights and/or of related international human rights law. Among other deficiencies, (i) the applicant must evince a desire to return to Croatia; (ii) the housing provided in the housing care framework is not necessarily in the place of origin of the person concerned, or indeed in any place in the social or economic mainstream of life in Croatia; (iii) persons may not choose the place of housing allocation; (iv) the housing allocated is not assured to include adequate security of tenure in conformity with international law, or even comparable to that assured persons similarly situated; (v) the statute of “protected lessee” granted under the housing programme is much less favourable as the one given to former occupancy rights holders who were not displaced; (vi) the conditions under which the given flat can be purchased are not as favourable as the ones existing at the time of privatisation of socially owned properties. The purpose and effect of these measures has been to deny justice to tens of thousands of ethnic Serbs – persons with genuine and effective links to Croatia -- displaced in Croatia or outside its borders.

COHRE turned to the European Committee of Social Rights – the body charged with interpreting the rights in the European Social Charter – because all efforts by the persons concerned and their representatives to receive justice in these matters has failed. The complaint seeks a finding of infringement of the relevant provisions of the European Social Charter, in particular the Charter’s Article 16 guarantee of economic, legal, and social protection of family 77

life, including its equality aspects. Such a finding would trigger systematic monitoring by the relevant organs of the Council of Europe.

Right to Water and Sanitation COHRE’s Human Rights Council work on the right to water and sanitation intensified during the first half of 2008.

At the end of 2006, the UN Human Rights Council requested the Office of the UN High Commissioner for Human Rights (OHCHR) to carry out a study by September 2007 on human rights obligations related to equitable access to safe drinking water and sanitation. The OHCHR study was released in September 2007.

In the wake of the release of the 2007 OHCHR study, the German and Spanish governments began a joint undertaking to press for a resolution by the UN Human Rights Council on the right to water and sanitation at the first half of the sixth 6th Human Rights Council in September 2007.

Because there was not sufficient time for states to review the OHCHR report in the run-up to the 6th Council, this effort was deferred to March 2008, to the 7th Human Rights Council.

Discussions on the resolution began very informally in January 2008, with a meeting organised by COHRE and partners. Work on the resolution was carried out primarily between March 10, when the first open informal meetings were held by the German and Spanish governments, and March 28, when the draft resolution tabled on March 20 was adopted by consensus by the Council, with a number of other governments joining as co-sponsor. The resolution for the first time creates, within the UN system, and Independent Expert on water and sanitation human rights issues. Following this watershed event in the development of the right to water and sanitation under international law, COHRE has worked closely with the UN Human Rights Council President to ensure selection of an appropriate candidate for the position and, following the appointment of Catarina de Albuquerque as the first Independent Expert, COHRE has met and consulted repeatedly with her, on ways forward and priorities during her first period.

Other Advocacy COHRE was heavily involved during the period in international advocacy work outside UN fora.

During the period, COHRE has been involved with a number of international organisations to improve remedy frameworks for housing rights violations globally, as well as in particular jurisdictions.

COHRE for the first time took action at the European Court of Human Rights, by providing an amicus curaie brief in a forced eviction case concerning Greece. COHRE’s brief focuses on international and comparative law requirements in the context of eviction from housing, as they relate to the requirements of the European Convention on Human Rights.

COHRE also for the first time joined legal action in a case in Switzerland, by providing an amicus curaie brief for a federal tribunal deliberating in the matter of the 2007 forced eviction of the Rhino Collective housing association. The challenge hinges on international law requirements to challenge decisions to evict.

Other actions during the period included: International Labour Organisation (ILO)  Filed a communication under ILO Convention 169, challenging a treaty between Brazil and Ukraine to develop a space station on indigenous lands.

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European Union • Wrote drafts of February 2008 European Parliament Roma resolution for MEP Viktoria Mohacsi; • Drafted a letter, sent by Green MEPs, responding to the Sulukule, Turkey forced eviction crisis; • Undertook, on commission from MEP Mohacsi, a memorandum on social and economic rights issues in Turkey, focussing in particular on forced evictions in Istanbul, April 2008; • Presented urgent housing rights issues in Italy at an emergency meeting of the European Parliament, June 2008; • Provided input into a draft resolution of the European Parliament responding to the Italy forced eviction crisis; • Worked regularly with Brussels-based partners to press for the development of housing rights policies at EU-level.

Organization for Security and Co-operation in Europe (OSCE)  Provided written input to the annual report of the OSCE on matters concerning housing rights in the OSCE space.  Participated in the preparation of a report by a coalition of 6 NGOs on the Italy crisis, presented at an OSCE Human Dimension Implementation Meeting in Vienna in July 2008.

Council of Europe  Maintained regular contact with the office of the Council of Europe Commissioner for Human Rights on issues related to forced evictions and housing rights in Europe.  Mobilized Slovak partners to press for adequate ratification of the Revised European Social Charter by that country, and sent a separate communication to the Slovak government and other relevant parties urging comprehensive of the Revised Charter.  Initiated discussion with Council of Europe and related stakeholders as to how to respond to the problem of non-ratification of the European Social Charter collective complaint mechanism.

Finally, COHRE worked in coalition with a grouping of predominantly Asian civil society organisations throughout the second half of 2008 to try to influence the development of the draft Association of Southeast Asian Nations (ASEAN) human rights mechanism. This work is slated to continue in 2009, with a series of crucial meetings taking place in the run-up to the ASEAN summit in March.

9.3. Keeping Housing Rights on the United Nations Agenda COHRE’s work to keep housing rights on the UN agenda was particularly fruitful during the first six months of 2008. In addition to the activities detailed above, COHRE increasingly took up a place as one of the major NGOs in the Geneva human rights network. For the first time, COHRE has been included in narrow consultancy mechanisms of human rights NGOs in Geneva. In a related developments, major NGOs traditionally focussed on civil and political rights have increasingly taken up housing rights concerns and discourse. A newly published Human Rights Watch report on South Africa for example includes a chapter on housing rights issues directly citing COHRE material as its basis. In addition, an ever-larger number of OHCHR desks now regularly consult COHRE on matters of key concern. COHRE’s activism has ensured that close to half of the cases included in the UN Special Rapporteur’s 2008 Annex of

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communications2 are cases which originated from COHRE documentation and/or on which COHRE has undertaken subsequent work.

2

http://daccessdds.un.org/doc/UNDOC/GEN/G08/113/38/PDF/G0811338.pdf?OpenElement

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10. RESEARCH AND PUBLICATIONS

Release Quantity Date Distr.

No of copies Name of Publication 1000 Sinhala 1000 Tamil Information Bulletin: return and restitution awaiting peace?

1000 English 1000 English 100 English 800 Nepali

1,500

Jan-08 300-400

An introduction to housing and land laws in Sri Lanka Feb-08 500 Hoping to Return Home: housing, land and property restitution 1-Mar-08 rights for Bhutanese refugees and displaced persons 30 Hoping to Return Home: the right to housing, land and property restitution -applying the Pinheiro Principles for Bhutanese refugees 1-Mar-08 and displaced persons (English and Nepali) 10 Women, Slums and Urbanisation: Examining the Causes and 1-Apr-08 Consequences

3000 Spanish Indigenous people's land and natural resources rights electronic

1500

15-Apr-08 180

Sources 5: Women and Housing Rights (2nd Edition)

1-May-08

600

The myth of the Abuja master plan, Nigeria

700 English 300 Sinhala

Providing Housing Security for Sri Lanka children after the Tsunami 81

listserve

May-08 450 200 English 100 May-08 Sinhala

Target audiences Policymakers, civil society, NGO workers, UN agencies NGO works in the field, international organisations, UN agencies , government officials UN agencies, government officials, INGOs

UN agencies, government officials, INGOs International human rights organiastions and UN bodies, local partner organisations, national policymakers and government authorities. indigenous leaders participating in two workshops carried out by COHRE onthis issue International human rights organisations and women's housing rights advocates partners for advocacy use, grassroots groups, African Commission meeting November, relevant government officials, various COHRE partners working in similar contexts

Policymakers, government officials, UN agencies, civil society

Hostage to Politics: the impact of sanctions and the blockade on the human right to water and sanitation in Gaza

electronic 550 English; mandarin on the website electronic 100 English 1750 Sinhala 1750 Tamil

One World, Whose Dream? Housing rights violations and the Beijing Olympic Games

1-Jul-08 500

Sources 8: legal resources for the right to water and sanitation (2nd edition)

Jul-08

Guide to types of property rights in Sri Lanka

all english, 1000 Jul-08 others

2000 English/French Manual on the right to water and sanitation

Aug-08

200 English Sanitation: a human rights imperative (full version) 1500 Sinhala 1500 Tamil Briefing Paper: revisiting the concept of the head of the household 1500 English 600 French 750 Spainsh Sanitation: a human rights imperative (short version)

electronic 700 English 300 Sinhala

Jun-08 30

Sep-08 1000 700 Sep-08 each

Aug-08

Business as Usual? Housing rights and 'slum eradication' in Durban, 1-Oct-08 South Africa

150

Inheritance rights of children in Sri Lanka Oct-08 Title through possession or title through position? Respect for 1-Nov-08 300 housing, land and property in Cambodia 100 82

NGOs and those working in the wter sector in Palestine; international community & donor community COHRE regional offices for local partners, WUF Nanjing Nov 08, IOC, Chinese government and other stakeholders, groups in India re Commonwealth Games 2010 [Mandarin will be sent to contacts in Hong Kong and China] law and policy-makers; advocates (advocacy groups and human rights lawyers), judges Field- based staff of local NGOs working on return, restittuion; grassroots communities, IDPs from tsunami and conflict World Urban Forum, Delhi; national policymakers, IFIs, international development organisations (bilaterals and INGOs), local NGOs implementing water and sanitation and HRs. International development agencies, national policymakers, conferences: HR specialists lacking knowledge in sanitation, Water & Sanitation specialists. of Field-based staff of local NGOs, government officials, policymakers and UN agencies CSD in New York, water confirernces, government officials, INGOs, NGOs. local, provincial and natonal government officials; local and national NGOs; media covering housing issues; dweller organisations Government and civil society; UNICEF for distribution Local partners, donors, local embassies in Cambodia

400

Water Services Fault Lines: An Assessment of South Arica's water 28-Nov-08 and sanitation provision across 15 municipalities

500 Spanish

A efetivacao do direito a agua e ao saneamento no Brasil

electronic

Implementation of the right to water and sanitation in Brazil

1-Dec-08 150

15-Dec-08 150

Policies of denial; lack of access to water in the West Bank 11-Dec-08 The status of the housing, land and property rights in Sri Lanka2007

Conferences - national NGOs and policymakers, advocates, international water and sanitation/housing rights community National Sanitation Secretary and other government officials; social organisations, NGOs and CBOs NGOs, community groups, academics and government officials including the National Secretariat on Water and Sanitation International community, advocacy NGOs in Israel and Palestine

Regular Bulletins: 200 Women and Housing Rights Fact Sheet Series 1-10

Sep-08 2000

500 ESC Rights Quarterly, Vol. 5 No. 1

Mar-08 500

500 ESC Rights Quarterly, Vol, 5 No. 2

Sep-08 500

500 ESC Rights Quarterly, Vol. 5 No. 3

Nov-08 500

500 ESC Rights Quarterly, Vol. 5 No. 4

Dec-08 500

500 English

COHRE Sri Lanka Newsletter No. 5

Jan-Mar 08 400

500 English

COHRE Sri Lanka Newsletter No. 6

Apr-Jun 08 400

500 English

COHRE Sri Lanka Newsletter No. 7

July-Sep 08 400 83

International human rights organisations and women's housing rights advocates Judges, lawyers and other human rights advocates as well as law school and NGO libraries Judges, lawyers and other human rights advocates as well as law school and NGO libraries Judges, lawyers and other human rights advocates as well as law school and NGO libraries Judges, lawyers and other human rights advocates as well as law school and NGO libraries NGOs, UN agencies, government officials, academics, civil society organisations NGOs, UN agencies, government officials, academics, civil society organisations NGOs, UN agencies, government officials, academics, civil society organisations

electronic

Housing Rights and the Right to the City in Latin America Bulletin Vol 1, No. 1

Jul-08 2000

electronic

Housing Rights and the Right to the City in Latin America Bulletin Vol 1, No. 2

Aug-08 2000

electronic

Housing Rights and the Right to the City in Latin America Bulletin Vol 1, No. 3

Sep-08 2000

electronic

Housing Rights and the Right to the City in Latin America Bulletin Vol 1, No. 4

Oct-08 2000

electronic

Housing Rights and the Right to the City in Latin America Bulletin Vol 1, No. 5

Jan-09 2000

100 Right to Water in Israel Fact Sheet No. 1

Nov-08 100

International development cooperation agencies; grassroots groups, national and regional government officials, local NGOs (Argentina, Brazil, Colombia, Ecuador, Mexico) International development cooperation agencies; grassroots groups, national and regional government officials, local NGOs (Argentina, Brazil, Colombia, Ecuador, Mexico) International development cooperation agencies; grassroots groups, national and regional government officials, local NGOs (Argentina, Brazil, Colombia, Ecuador, Mexico) International development cooperation agencies; grassroots groups, national and regional government officials, local NGOs (Argentina, Brazil, Colombia, Ecuador, Mexico) International development cooperation agencies; grassroots groups, national and regional government officials, local NGOs (Argentina, Brazil, Colombia, Ecuador, Mexico) Participants in training including NGOs, leaders of Bedouin communities facing forced eviction in Ber Sheva

Documentary Films:

1000 DVDs

Forced Displacement in Colombia: Restore to Repair

1000

200 DVDs

Cambodia for sale

200

84

NGOs, displaced persons organisations, government officials, academics, legal clinics, judges, cooperation and UN agencies throughout Colombia local partners, donors, local embassies in Cambodia, regional offices

11. HOUSING RIGHTS TRAINING 2008 COHRE Training Programmes Key Focus countries No. of trainings No. of attendees Americas

Audience

Tools provided

Argentina

3

Brazil

5

housing rights for slumdwellers and access to public services; land young students living in Villa 31 slum; and territorial rights; regularization of communal land; mining and its affect of indigenous land rights and natural resources 220 indigenous local communities use of national and international standards on the right to water and NGOs and social movements; quilombo sanitation; prohibition of forced evictions and afrodescendents land community members; human rights rights; ILO 169 procedure and Right to the City and afro255 advocates descendents

Colombia

1

Grasroot communities (women and the right to housing and titling and land registration towards land 60 children) regularization

Ecuador

1

Grasroot communities (women and housing rights for slumdwellers and access to public services; land 60 children) rights and natural resources

Guatemala

1

United States Asia-Pacific

2

Indigenous communities and social How to apply international standards to housing rights and 300 movements and NGOs development projects participants at US Human Rights Network bi-annual conference; use of international human rights laws to advocate for housing rights undergraduate and law students in locally; strategies for enforcement of economic, social and cultural rights 95 human rights course

85

Burma (in Thailand)

1

Cambodia

4

Indonesia

3

Sri Lanka Africa

21

Ghana

3

Kenya Nigeria Europe

12 1

Bulgaria

8

Burmese groups within Burma and 40 living outside the border in Thailand housing, land and property restitution rights training skills on international law on housing rights, local land law 89 NGOs and community leaders and strategies protecting these rights development of economic, social and cultural rights indicators for the Indonesian National Human Rights Commission; international housing rights standards and advocacy approaches to violations of Indonesian national institutions, these rights; how to monitor forced evictions; legal strategies for government officials, NGOs, academics enforcing indigenous land rights and the prevention of forced 119 ; local Papuan activists evictions in Papua academics; NGOs (housing rights return and restitution issues in Sri lanka; womens and childrens /womens), local government, tsunami housing rights; housing, land and property rights, security of tenure victims, members of the public, and titling of new lands, fundamental human rights under Sri Lanka grasssroots organisations working on constitution, property rights and domestic laws; implementation of 1,477 right to water and sanitation the right to water and sanitation NGOs working on the RTWS and residents of the Digya National Park; community members affected by gold promoting reforms in water and sanitation; national and international 68 mining human rights obligations regarding forced evictions community representatives,NGOs, CBOs, residents and small scale water monitoring and identifying violations on the RTWS; strategies using service providers; Africa Water Network civil and political rights and enforcement mechanisms to enforce and African Civil Society Network economic, social and cultural rights; case studies and strategies for representatives; social movements, holding international financial institutions such as the World Bank, 422 human rights advocates accountable for human rights violations 150 residents of Abuja settlement right to adequate housing and strategies to prevent forced evictions Roma community leaders and members, local authorities, service providers and 224 NGOs national and international housing rights 86

Roma community leaders and members, local authorities, service providers and 50 NGOs national and international housing rights

Slovakia Other training East Timor

3

Israel

2

20 local and international NGOSs housing rights and forced evictions, land titling and registration NGOs, members of unrecognised Bedouin villages; representatives from government ministries, NGOs and UN advocacy for RTWS; right to water for indigenous peoples; RTWS in 39 agencies international law and the situation in the oPT

2

NGOs, civil society, government and right to adequate housing and prohibition on forced eviction, 38 UN agencies international human rights law, international humanitarian law

occupied territory

1

Palestine

Nepal (for Bhutan)

1

Switzerland

2

In-house Total

4 81

Bhutanese refugees living in camps and the right to return and the right to housing, land and property 120 NGOs based in Eastern Nepal restitution NGOs from developed and developing countries from three week Advanced Geneva Training Course organised by the International Service for Human strategic use of the Specail Proceduers mechanism; housing rights law 31 Rights; parliamentarians from Nigeria and policy design COHRE Programme Coordinators and incorporating gender-sensitive approach into housing rights advocacy 40 Womens Housing Rights Officers carried out by COHRE programmes 3,688

87

12. COHRE’S 2008 HOUSING RIGHTS AWARDS

9 December 2008 MEDIA RELEASE COHRE announces its 2008 Housing Rights Awards: IOC, Israel and Italy censured; Ecuador’s Constitutional Assembly and housing rights activists commended The Centre on Housing Rights and Evictions (COHRE) today announced the winners of its annual Housing Rights Awards for 2008. The International Olympic Committee (IOC) and the Governments of Israel and Italy received Housing Rights Violator Awards for their demonstrated failure to protect and implement housing rights. The Constitutional Assembly of Ecuador was presented with 2008’s Housing Rights Protector Award for its role in making Ecuador the first country in the world to explicitly recognise in its Constitution a range of key housing and habitat-related rights. Ms Pia Ndayiragije of Burundi, Mr Ken Fernandes of Australia and the Chicago, USA-based Coalition to Protect Public Housing each received a 2008 Housing Rights Defender Award in recognition of their outstanding commitments to the defence of housing rights.

COHRE’s Executive Director, Salih Booker, said: “These Awards demonstrate that in 2008 many governments and other responsible bodies have yet to take seriously their housing rights obligations under international law. Israel’s very serious and persistent violations of housing rights, both of the Palestinian citizens of Israel and of Palestinians in the territories it continues to occupy, deserve the clearest possible condemnation from the international community. In making this Award we pay particular attention to the human rights abuses perpetrated against the Bedouin citizens of Israel, which typically receive little attention from the international media and civil society”.

“Similarly the Italian Government must be condemned for its ongoing abuses of the housing rights of Roma and Sinte people living within its borders – abuses that have worryingly escalated since the election of the current government in May 2008. For too long, Italian Governments have treated Roma and Sinte citizens and migrants appallingly, with systematic discrimination in laws and policies, racially segregated housing, extremely substandard infrastructure and tacit encouragement of a wave of violent acts carried out against their communities. We call on the Government to make the significant changes necessary to improve its housing rights record”, said Mr Booker.

He added “The International Olympic Committee, though not a government, nevertheless has responsibilities to respect and protect human rights, and has signally failed to live up to those obligations to date. This year’s Beijing Olympics resulted in the forced eviction of some 1.5 million people. In its role selecting Olympic host cities, the IOC has a unique opportunity to ensure that in future cities bidding to host the Games do not engage in housing rights violations, both during the bidding process and – for the successful bidding cities – during preparations for staging the Games. Sadly the IOC has failed to take the concrete steps within its power to make this happen”.

“The example of Ecuador’s Constitutional Assembly, in contrast, shows that it is possible for governments and public institutions to take real and very practical steps towards fulfilling their international human rights obligations. Ecuador can be proud of the fact that it is now a world leader in terms of recognition of international housing rights standards in its domestic law. The

fact that these international standards have been interpreted and expressed in uniquely Ecuadorian language and concepts is also commendable”, said Mr Booker.

“Finally it is important to acknowledge the enormous efforts of housing rights activists around the world, both individuals and groups, who continually strive to achieve greater understanding and protection of the human right to housing and related rights. Mr Ken Fernandes is recognised throughout the Asia-Pacific region as an outstanding grassroots housing rights activist. Ms Pia Ndayiragije, Burundi’s Minister for Families and Women’s Affairs from 1987 to 1991, has a well-deserved reputation as a tireless promoter of women’s economic empowerment and of the housing, land and property rights of women. The Coalition to Protect Public Housing, founded in Chicago in 1996, is internationally recognised for its successful campaigns against forced evictions and as a model for human rights advocacy across the USA” Mr Booker said.

Today, one day prior to International Human Rights Day, COHRE also released a new report, Policies of Denial: Lack of Access to Water in the West Bank. The report documents violations of the right to water and sanitation resulting from Israeli policy and practice in the occupied West Bank, particularly in relation to lack of Palestinian access to water resources and water and sanitation services and facilities. The report calls on Israel, as the occupying power, to assume responsibility for ensuring that the right to water and sanitation, and other internationally recognised human rights, are respected, protected and fulfilled for Palestinians in the West Bank. It also calls on Israel not to obstruct the Palestinian Authority from carrying out its duties and responsibilities in relation to the water and wastewater sectors. The report is available for download at: www.cohre.org/opt For interviews and additional information please contact: At COHRE: Mr Salih Booker – Executive Director – ph: +41.22.733.1126 Mr Fionn Skiotis – Communications Officer – mob: +61.400.833.314 / email: fionn@cohre.org 2008 Defender and Protector Award winners: Mr Ken Fernandes – ph: +61.3.9870.2206 / mob: +61.412.164.257 Ms Pia Ndayiragije (French preferred) – ph: +257.22.224.707 / mob: +257.77.733.033 Coalition to Protect Public Housing – ph: +1.312.280.2298 / email: sunset984@aol.com Constitutional Assembly of Ecuador: Sr Fernando Cordero (President of the Assembly), Sra Betty Tola (Spanish preferred) and Sr Norman Wray (English speaker) via: Sr Orlando Perez, Assembly Communications Officer – mob: +593.9877.8568 ##### ENDS #####

_______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 89 of 115

Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS 2008 HOUSING RIGHTS VIOLATOR AWARD WINNER: The International Olympic Committee

The International Olympic Committee (IOC) is an international organisation, based in Lausanne, Switzerland, with responsibility for promoting the ideals of the Olympic movement, overseeing implementation of the Olympic Games and, in particular, selecting host cities for the summer and winter Games from among the bidding cities.

The severe impact of so-called “mega-events” such as the Olympic Games on the housing rights of predominantly poor city dwellers has been well documented. COHRE’s 2007 report, ‘Fair Play for Housing Rights: Mega-Events, Olympic Games and Housing Rights’ noted housing rights violations in several host cities, including Seoul (720,000 evictions), Atlanta (approx. 30,000 displaced), Athens (hundreds of Roma residents evicted) and Barcelona. But it is without doubt in Beijing in 2008 that Olympics-related housing rights violations reached a terrible peak – COHRE’s research shows that approximately 1.5 million evictions were carried out as a direct result of Beijing’s Olympics bid, including in the period 2000-2001 during which China was bidding to host the 2008 Games.

As a prominent international organisation, the IOC has a clear responsibility both to respect human rights in its own activities and to promote respect for human rights by others, particularly host cities and states and Organising Committees of the Olympic Games. For example, it is well within the IOC’s powers and means to take concrete steps to ensure that cities bidding to host the Olympic Games do not engage in housing rights violations, both during the bidding process and – for the successful bidding cities – during preparations for staging of the Games. Indeed, given the IOC’s key role in selecting host cities in a hotly contested and very public competition, it would appear to have a unique opportunity to promote respect for all human rights, including housing rights.

Sadly, the IOC has in practice failed to live up to its human rights obligations. Though engaging with COHRE and other civil society organisations on these issues, the IOC has consistently demonstrated it is unwilling to examine and change its practices and culture, which have “turned a blind eye” to rights violations and allowed violating host cities to continue their practices with seeming impunity. In a recent response to COHRE’s letter raising concerns of housing rights violations in the Beijing Games, for example, the IOC maintained that most of the cases of rights violations brought before it were not Games related, a view echoing a similar declaration by the Beijing Organising Committee.

The IOC has therefore been chosen by COHRE as a recipient of a 2008 Housing Rights Violator Award for its ongoing failure to take steps to ensure that cities bidding to host the Games do not engage in housing rights violations, both during the bidding process and during preparations for the Games. It is to be hoped that the IOC will, in response to this Award, engage in good faith with civil society and human rights organisations and work with them to ensure that, as a prominent and respected international body, it does in future fulfill its human rights obligations in all areas of its activities.

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Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS 2008 HOUSING RIGHTS VIOLATOR AWARD WINNER: The Government of Israel

The State of Israel systematically discriminates against its non-Jewish Palestinian minority in law, policy and practice. In Israel 93% of land is held for the exclusive use and benefit of Jewish people by the State (including the Israeli Land Administration) and para-state agencies (such as the Jewish National Fund). Palestinian citizens of Israel (approx. 20% of the population) are thus effectively denied their right to use this land. No similar laws or agencies work to protect Arab land or property ownership in Israel. Palestinian citizens of Israel own less than 3% of land.

Around 84,000 Bedouin citizens of Israel live in “unrecognised” villages in the Negev/Naqab, southern Israel. Despite the fact that many of these villages existed prior to the creation of the State of Israel, the absence of official planning for these areas has rendered these communities “illegal”, preventing residents from legally building or upgrading their homes or from being connected to basic services such as electricity, water and sanitation. Conditions in these villages are often appalling, with residents living in tin shacks that provide inadequate protection from the elements. These communities are subject to widespread forced evictions and demolitions of their homes. In 2007, 227 homes were demolished in the unrecognised villages. According to information gathered from the Israeli Government by Human Rights Watch, there are currently around 3,000 pending legal procedures against buildings and 700 valid demolition orders. The Government of Israel uses such policies as a means to drive the indigenous Bedouin population off their ancestral lands and concentrate them in urban, government-built enclaves or “townships”. Conditions in such townships are well below the standards of Jewish towns. Demolitions in Bedouin villages are frequent, and are often carried out with little prior notice, rendering families destitute as no alternative housing or compensation is provided. For example on 2 April 2008, the entire Bedouin village of Twail Abu Jawal was demolished for the fifteenth time in three years.

Due to the denial of basic services, many families are forced to travel long distances to water points and spend up to 40% of their household income on clean drinking water. Ill health due to unsanitary living conditions is prevalent among the Bedouin. The Israeli Government has sought to expand Jewish settlement in the Negev/Naqab and plans to build a number of affluent Jewish-only communities there. The planning documents for some of these new towns show they are to be established on sites where Bedouin communities currently reside. Israel should implement an immediate moratorium on house demolitions in the Negev/Naqab, officially recognise the Bedouin villages and provide them with basic services such as water and sanitation.

Palestinian citizens of Israel are under-represented on planning committees and municipal authorities in the country, reflected in the lack of investment in planning for Arab localities.

Substandard living conditions exist in many Arab areas of Israel’s mixed Jewish-Arab cities; these include open streams of sewage and a lack of water services as well as other infrastructure and municipal services. Physical barriers such as walls often separate Arab and Jewish residents. In Jaffa, over the past year and a half, Amidar Israel National Housing Company has issued 497 eviction orders to Palestinian families in the Ajami and Jabaliya _______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 91 of 115

neighbourhoods. Amidar accuses the residents of “squatting” in the properties and of “building additions” without obtaining the required permit from the authorities.

Under Israeli law, evictions are permitted in such circumstances. However the residents maintain that current plans to develop Jaffa by the Tel Aviv municipality are in fact a plan to Judaise the area and force Palestinian citizens from their homes and businesses. If these evictions are carried out it is estimated that around 3,000 people (18% of the Palestinian population of Jaffa) will be made homeless. In Palestinian neighbourhoods of Lod there are at present around 500 demolition orders pending, and in the Palestinian neighbourhoods of Ramleh a further 150 orders are pending. Israel must ensure that evictions are only carried out in strict accordance with international standards, including that they occur only in exceptional circumstances, after genuine consultation and with adequate and reasonable notice to all those affected. Further, legal remedies and – where necessary – legal aid, must be made available to those affected by the evictions. Under no circumstances should evictions render people homeless.

Considered together with an extensive record of serious housing rights violations by the Government of Israel in the occupied Palestinian territories of the West Bank and Gaza, and in illegally annexed East Jerusalem, the above housing violations occurring within the State of Israel itself have prompted COHRE to censure the Israeli Government with a 2008 Housing Rights Violator Award (its second such award, having won a Violator Award in 2002).

COHRE calls on the Government of Israel to take urgent steps to fulfill its international human rights obligations and to respect the human rights of all its citizens, whether Jewish or Arab, and repeats its standing offer to engage in constructive dialogue with the Israeli Government on implementing such steps.

_______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 92 of 115

Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS 2008 HOUSING RIGHTS VIOLATOR AWARD WINNER: The Government of Italy

Currently an estimated 160,000 Roma and Sinte live in Italy, of whom approximately 70,000 (predominantly Sinte) are Italian citizens. Migrant Roma in Italy come overwhelmingly from South-Eastern Europe, in particular the countries of the former Yugoslavia, Bulgaria and Romania. Many immigrant Roma have been in Italy for several generations, but lack citizenship or even residence permits. As a matter of policy, Italian authorities have in the past racially segregated Roma in the area of housing. Underpinning the Italian Government’s approach to the housing of Roma is the conviction that Roma are “nomads”, despite a lack of such culture among the majority.

Many Roma and Sinte in Italy live in substandard conditions, without basic infrastructure.

Some live in squalid “camps” or ghettos that are “authorised”, meaning state-approved and provided. Others are forced to squat in abandoned buildings or set up camps along roads or in open spaces. These individuals can be evicted at any time, and often are. Their settlements are deemed “illegal” or “unauthorised”. Where Italian authorities have expended resources on Roma, this has in general not been aimed at integrating Roma into society. Instead, authorities establish “temporary housing containers”, in many cases surrounded by high walls, isolating the Roma from non-Romani Italians.

Commencing in late 2006 and intensifying in the second half of 2007, Italian officials have adopted a series of laws, decrees and policies which clearly target or have a disparate impact on Roma living in Italy, and appear aimed at pressuring a segment of the immigrant Romani community to leave Italy. These threats have been heightened following elections in April 2008 and the formation in May of a new right-wing national government including extremist xenophobic and racist elements, as well as success in local elections by the extreme right in several municipalities including Rome.

The new government has acted on its anti-Romani commitments by enacting explicitly racist laws, ordinances and decrees. On 21 May 2008, the Council of Ministers of the Italian Government, meeting in Naples, passed a new emergency decree defining the mere presence of Roma in the areas of Campania, Lazio, and Lombardy as a state of emergency. In addition, on 28 June, the Interior Minister revealed a plan for fingerprinting all Roma residents in camps, including children, insisting the plan was a solution to inadequate housing problems and rising crime rates.

Perhaps of greatest concern has been the new government’s studious tolerance – amounting to tacit encouragement – of a wave of violent racist vigilante acts carried out against Roma and Sinte in Italy. On 13 May 2008, assailants burned a Romani camp in Naples to the ground, causing the approximately 800 residents to flee while Italians stood by and cheered. Only two weeks later, on 28 May, the same camp was set on fire for the second time by unknown perpetrators. Despite this recent history Italian authorities did little to secure the Roma and their homes from a mob attack.

_______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 93 of 115

Finally, a number of high profile instances of mass eviction/destruction of Romani camps have taken place around Italy. For example, on 6 June 2008, Italian authorities destroyed the Testaccio Romani camp in Rome, which housed some 120 Romani individuals, including 40 children. According to reports, many of the inhabitants of the camp had reportedly been transferred from a previously destroyed camp in Rome’s Saxa Rubra area. The persons concerned are reportedly Italian citizens. No adequate alternative housing was provided.

COHRE is therefore presenting a 2008 Housing Rights Violator Award to the Italian Government, as a result of a range of acts and omissions, including a pattern and practice of racially discriminatory forced evictions of Roma from housing and expulsions from country; systemic racially segregated housing maintained as a matter of government policy of “camps for nomads”; extremely substandard housing conditions for Romani migrants and others regarded as “Gypsies”; failure to move persons to safe housing despite manifest and demonstrated threats to health and life, and despite evident availability of resources; systematic destruction of informal housing of Romani migrants, together with unremedied destruction of property; failure to rehouse evicted persons, together with other measures to enforce homelessness, undertaken with explicit racial animus; failure to tackle widespread racial discrimination in the mainstream rental housing market; demonstrable retrogression in the implementation of international legal obligations in the area of the right to housing; and a clear failure by the Government to speak out against extremist abuses.

_______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 94 of 115

Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS 2008 HOUSING RIGHTS PROTECTOR AWARD WINNER: The Constitutional Assembly of Ecuador

For more than 20 years, social and political activists in Ecuador have been demanding the convocation of a Constitutional Assembly to institute constitutional reforms capable of making significant changes in the political and economic life of the country. In recent years three presidents elected by due process have been deposed and a persistent economic crisis has reduced the majority of Ecuadorian citizens to the level of poverty.

The electoral victory of President Rafael Correa in November 2006 raised the possibility of just such a convocation. On 15 April 2007 an overwhelming majority of voters approved the establishment of a Constitutional Assembly with full powers. Popular elections were then held on 30 September 2007 to select the 130 members of the Assembly.

The Constitutional Assembly met for discussions and hearings over an eight month period, before passing the text of a new Constitution on 24 July 2008 by 94 votes out of a possible 126. The work of the Assembly was divided into ten separate areas and was open to individual and collective participation; some 160,000 persons attended meetings and over 2,000 submissions were made for inclusion in the final text of the Constitution.

Social organisations such as the Foro Urbano and Movimiento Mujeres por la Vida attended the Assembly’s meetings to present proposals related to the Right to the City, to Habitat, to Living Space and so on. Interestingly, rights related to housing and habitat are inscribed under a heading that the new Constitution calls “rights to good living”, a direct translation of the Quechua-language term “sumak kawsay”. The new Constitution is equally original in its recognition of the nature of Pacha Mama as a subject of rights (articles 71-74); Pacha Mama is a goddess venerated by the indigenous peoples of the Andes region and broadly equates with the term “Mother Earth”.

The final text approved by the Assembly was put to the people of Ecuador in a referendum held on 28 September 2008. On that date the new Constitution was approved with 64% support, making Ecuador the first country in the world to explicitly recognise in its Constitution the right to the city and rights to adequate and dignified housing, a secure and healthy habitat, and water and sanitation.

COHRE recognises the important advance that Ecuador’s new Constitution represents in the struggle for full implementation of housing and other human rights in Latin America. COHRE also acknowledge the important contributions made by social organisations – many of which work in partnership with COHRE in the Americas – in developing several of the Constitution’s key components. COHRE’s 2008 Housing Rights Protector Award will be presented to Sr Fernando Cordero (President of the Constitutional Assembly) and Sra Betty Tola (President of the Assembly’s Sub-Commission on Social Participation) on behalf of the Assembly.

_______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 95 of 115

Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS 2008 HOUSING RIGHTS DEFENDER AWARD WINNER: Ms Pia Ndayiragije

Ms Pia Ndayiragije, 58, a committed defender of women’s housing and land rights in Burundi, has won a 2008 Housing Rights Defender Award for her tireless promotion of housing rights as an essential factor in building and sustaining women’s economic well-being throughout life.

Ms Ndayiragije was Burundi’s Minister for Families and Women’s Affairs from 1987 to 1991.

In that role she promoted women’s economic empowerment and demonstrated strong leadership on women’s housing, land and property rights. She developed key initiatives for very poor women, particularly widows, including housing programmes in Kinama and Butere.

Similar programmes were also developed in Nyanza Lac (Makamba Province), Giheta (Gitega Province), Ndava (Mwaro Province) and Mishiha (Cankuzo Province).

Many of these initiatives subsequently collapsed due to the war in Burundi, but Ms Ndayiragije refused to be discouraged. Her approach has been that wherever the war caused damage, she returns to help women to reconstruct, always working to ensure the sustainability of projects and initiatives. She acknowledges the real needs of women in times of recovery and has a track record of convincing donors to provide the substantive means needed for reconstruction that go beyond the recovery aid provided by humanitarian assistance.

Ms Ndayiragije is currently the Director of the not-for-profit agency ARD (Autoassistance a la Reconstruction et au Developpement or Self-help in Reconstruction and Development), based in Burundi. Through her work for ARD she continues to promote and work towards the achievement of women’s housing, land and property rights.

Ms Ndayiragije was educated at the University of Strasbourg (Diplome de Docteur, 1982). She has worked in Burundi, Rwanda and Kenya and speaks Kirundi and French fluently. In addition to her current role with ARD and as a Government Minister from 1987 to 1991, Ms Ndayiragije was also the National Director of Fonds Africain pour l’Habitat (FAH) Burundi (1994-1999), Manager of Marketing and Public Relations with the Popular Bank of Burundi (1992-1994) and Professor in the Faculty of Letters and Human Sciences at the University of Burundi (19821987).

On being informed of her Housing Rights Defender Award, Ms Ndayiragije said: “I am very moved at the announcement. Together with our field-based teams, social leaders, the beneficiaries themselves and local governments in areas covered by the reconstruction projects, we sincerely thank COHRE. I am particularly pleased that the advocacy we conducted for the poor and vulnerable families to obtain housing will now go beyond Burundi’s borders and reach the entire world”.

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Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS 2008 HOUSING RIGHTS DEFENDER AWARD WINNER: Mr Ken Fernandes Mr Kenneth Fernandes, 51, an influential housing rights activist in the Asia-Pacific region for over two decades, has won a 2008 Housing Rights Defender Award for his outstanding contribution to grassroots activism in the housing rights sector. Mr Fernandes is a social activist and community development practitioner. As a mentor and inspirational teacher for many in the housing rights movement, he is well known for his focus on involving and organising urban poor communities and on developing institutions that support a people-led approach. In the Asia-Pacific region, Mr Fernandes’ campaigns against forced evictions have often been combined with finding housing solutions for low-income people.

Mr Fernandes has worked closely with communities in Australia, Cambodia, Pakistan, Bangladesh, India, the Philippines, Malaysia, East Timor and Fiji. He has worked with key regional institutions including the Urban Resource Centre (Karachi, Pakistan), the Asian Coalition for Housing Rights (Bangkok, Thailand) and COHRE, where he established the Asia-Pacific Programme in 1999 in Melbourne, Australia.

Mr Fernandes was born in Karachi, Pakistan and educated there. He became involved in social action from the age of 13, later being elected president of the Students’ Christian Movement.

He subsequently developed the Social Awareness and Leadership Training programme for Caritas Pakistan and traveled throughout Pakistan conducting training programmes for urban and rural poor communities. From 1992 to 1995 he was the Director of the Urban Resource Centre in Karachi, and from 1996 to 1998 the Regional Coordinator of the Eviction Watch and Housing Rights Program of the Asian Coalition for Housing Rights, based in Bangkok and Phnom Penh.

In 1999 Mr Fernandes moved to Melbourne, Australia and established the Asia-Pacific Programme of COHRE, serving as its Coordinator until 2005. In this role Mr Fernandes conducted fact-finding missions on housing rights violations in East Timor, Bangladesh and Fiji, conducted training for community representatives, activists and others in many countries throughout the region, and developed a range of programmes in partnership with local groups to promote housing rights.

Mr Fernandes is the author of several books including How People Organise Themselves: Stories from the Field and Partnership for Local Action: A Sourcebook on Participatory Approaches to Shelter and Human Settlements Improvements for Local Government officials, and also edited Forced Evictions and Housing Rights Abuses in Asia. He is the author of a large number of reports and papers.

Mr Fernandes currently coordinates the Eviction Watch and Housing Rights Programme of the Asian Coalition for Housing Rights and teaches community development at Victoria University in Melbourne. He is also a Director of Borderlands Cooperative in Melbourne.

_______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 97 of 115

Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS 2008 HOUSING RIGHTS DEFENDER AWARD WINNER: The Coalition to Protect Public Housing

The Coalition to Protect Public Housing (CPPH), a Chicago grassroots organisation, has won a 2008 Housing Rights Defender Award for its dedicated use of human rights in its housing advocacy work and its outstanding commitment to preventing forced evictions.

Co-founded in Chicago by public housing tenants Ms Carol Steele and Mr Wardell Yotaghan, CPPH was established in 1996 in response to a US Federal Government mandate to demolish more than 100,000 units of public housing nationwide. 18,000 of those units were in Chicago, with eviction potentially affecting the lives of 42,000 people. CPPH is an advocacy group of public housing residents, community-based organisations, religious institutions, businesses, and non-profit organisations including the American Civil Liberties Union and the Chicago Coalition for the Homeless, all working to protect the rights of public housing tenants and to ensure the future of public housing.

CPPH is one of the leading grassroots organisations in the US using a human rights framework in housing advocacy and preventing forced evictions. They have used human rights language to mobilise those threatened with evictions from public housing as well as in creative media and civil disobedience strategies. CPPH is now sharing their knowledge, expertise and strategies with other grassroots and community-based organisations around the US, including Hurricane Katrina IDPs in New Orleans and housing rights and homelessness advocates in LA, Washington DC, Minneapolis and New York City.

CPPH has used international fora including the UN’s Human Rights Committee, the Committee for the Elimination of Racial Discrimination, the Inter-American Commission on Human Rights and UN Special Rapporteurs in their advocacy. To date they have successfully prevented the eviction of thousands of residents from Chicago’s North Side, and are now extending their local success as a model for rights advocacy across the US. CPPH states that it works to end residential apartheid, and identifies four methods by which it seeks to achieve this aim: by working to give the public housing crisis a moral voice by seeking action and involvement from an interfaith network; through education and demonstration, informing communities and individuals in Chicago about the crisis; through prayer, for example by leading prayer vigils at several public housing sites with a growing number of local and regional religious leaders; and through direct negotiations with those that have been involved in demolition plans – for example, meeting with the Chicago Housing Authority and the Department of Housing and Urban Development.

CPPH is now reaching out to learn from and partner with international actors, for example by attending the World Social Forum in 2006 and attending human rights meetings in Geneva in 2007. These peer-to-peer capacity building exchanges are contributing significantly to the emerging national social movement for housing rights in the US.

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Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS INFORMATION SHEET ABOUT THE CENTRE ON HOUSING RIGHTS AND EVICTIONS Founded in 1994, the Centre on Housing Rights and Evictions (COHRE) is an independent, international human rights organisation based in Geneva, Switzerland and dedicated to the protection and fulfillment of the human right to adequate housing for people everywhere.

COHRE’s work focuses on preventing forced evictions and creating conditions in which all people can enjoy access to safe, affordable and secure housing.

COHRE is registered as a not-for-profit Foundation in the Netherlands and Switzerland, and is also registered in Brazil, Ghana, Sri Lanka and the USA. COHRE is governed by a Board of Directors made up of prominent figures in fields such as international human rights law. The Board of Directors is complemented by a broadly representative Advisory Board with members drawn from each of the world’s regions.

COHRE is an NGO in Special Consultative status with the Economic and Social Council of the United Nations (ECOSOC), the principal form of NGO accreditation to the UN. COHRE also 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, all of which enable COHRE to engage officially with the regional human rights mechanisms created by these bodies.

Now in its 18th year, COHRE has over 60 staff working from its International Secretariat in Geneva and regional offices in Accra (Ghana), Colombo (Sri Lanka), Duluth (USA), Phnom Penh (Cambodia) and Porto Alegre (Brazil). COHRE’s activities are principally carried out by its thematic and regional programmes. The five thematic programmes focus on the areas of Women and Housing Rights, the Right to Water and Sanitation, Litigating Housing Rights, Forced Evictions and Advocacy. Regional programmes consist of the Africa, Americas and Asia-Pacific Programmes.

To date COHRE has played a principal role in addressing eviction issues, and housing, land and property rights in dozens of countries. COHRE works closely with key civil society organisations around the world and has assisted in halting numerous forced evictions. COHRE has been instrumental in reshaping international legal standards on evictions issues and housing rights, through the adoption of over 50 new international standards on these issues.

COHRE has also contributed to the establishment of major institutions such as the UN Housing Rights Programme, the Housing and Property Directorate in Kosovo, the Commission on Land, Housing and Property Rights in Sri Lanka and many others.

COHRE receives and accepts funding from governments, academic organisations, faith-based groups, UN and other international agencies, philanthropic foundations, other NGOs and private individuals throughout the world. Between 2006 and 2008 COHRE had over 45 separate donors.

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Centre on Housing Rights and Evictions (COHRE) 2008 HOUSING RIGHTS AWARDS INFORMATION SHEET ABOUT COHRE’S HOUSING RIGHTS AWARDS

Each year since 2002, the Centre on Housing Rights And Evictions (COHRE) has presented its Housing Rights Awards, seeking both to draw attention to some of the world's worst violators of the human right to housing and to honour governments and individuals demonstrating an exceptional commitment to securing housing rights for everyone, everywhere. The Awards are made in three distinct categories: 

The Housing Rights Violator Awards are presented to governments or other public institutions that have committed persistent and egregious housing rights violations in the recent past, in clear contravention of international human rights law and standards.



The Housing Rights Protector Award is presented to a government or other public institution that has shown an exceptional commitment to the protection of housing rights.

The Award seeks to demonstrate that housing rights can be secured with sufficient political will.



The Housing Rights Defender Awards are presented to individuals or groups demonstrating outstanding achievements in the defence of housing rights. Nominees for the Award must be committed to non-violence and be independent of any political party or government affiliation.

Past winners of the Awards include: as Housing Rights Violators, Burma, China, Greece, USA and Zimbabwe; as Housing Rights Protectors, Sao Paulo Municipality and the Scottish Executive; and as Housing Rights Defenders, Ms Rachel Corrie and Mr Rajeev George.

In 2008, COHRE will present three Violator Awards (to the International Olympic Committee and the Governments of Israel and Italy), three Defender Awards (to Ms Pia Ndayiragije of Burundi, Mr Ken Fernandes of Australia and the Chicago-based Coalition to Protect Public Housing) and one Protector Award (to Ecuador’s Constitutional Assembly).

The process of selecting the 2008 Award winners commenced early in the year, with a public call for nominations in all three Award categories by any individual or group, anywhere in the world. Information on how to lodge a nomination was posted on COHRE’s website (www.cohre.org) in English, French, Spanish and Portuguese, as were the Selection Criteria for each Award category.

Nominations for the 2008 Housing Rights Awards closed on 8 September 2008, with a total of 29 nominations received. All nominations were then assessed by an Awards Selection Panel made up of COHRE management and senior staff. Final selection of the Award winners was determined by a secret ballot of Selection Panel members.

_______________________________________________________________________________ COHRE 2008 Housing Rights Awards Page 100 of 115

END NOTES

1

In the first half of the year, the COHRE Deputy Director directed the organization – as the interim acting director – from South Africa. The Geneva-based International Secretariat (IS) had not served as the seat of organizational management since 2003 when COHRE’s founding Executive Director relocated to Bangkok, Thailand. In the first half of 2008 the Geneva office was staffed by part time accountants, a researcher on forced evictions, the head of the advocacy unit (who was simultaneously pursuing a graduate degree in the U.K.), and a part-time administrative assistant. Two of COHRE’s three apartments at the centre of the United Nations neighbourhood of Geneva were occupied as residences by staff and former staff. The office maintained by COHRE in Melbourne, Australia, which was also considered part of the IS, was largely unsupervised (comprising two staff: Media Officer and Documentary Film maker). The position of Fundraising Coordinator was based in Auckland, New Zealand (also considered part of the IS). The person filling this latter position was also responsible for directing the financial affairs of the organization and supervising the Geneva-based accounting staff.

2

During this period the ED visited Sweden, Cambodia, Sri Lanka, China (for the UN Habitat’s World Urban Forum), The Netherlands, Spain, Kenya, Ghana, Brazil, and Germany.

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