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Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V<br />

<strong>International</strong> <strong>Mechanisms</strong> | UN Bodies<br />

Special Rapporteur on the Right <strong>to</strong> Adequate Housing as a Component of the Right <strong>to</strong> an<br />

Adequate Standard of Living, and on the Right <strong>to</strong> Non-Discrimination in this Context<br />

Background This Special Rapporteur is involved in developing international and national standards<br />

on the right <strong>to</strong> adequate housing and addressing violations of that right. His main activities are<br />

country visits, transmitting letters on individual complaints <strong>to</strong> governments (including “urgent<br />

appeals” about imminent violations and “allegation letters” where the violation has already occurred),<br />

developing dialogue with governments and civil society, in particular through questionnaires on<br />

particular issues, and reporting annually <strong>to</strong> the <strong>Human</strong> <strong>Rights</strong> Council (page 49).<br />

What you can Do You can submit a communication about violations of the right <strong>to</strong> adequate<br />

housing and seek the Special Rapporteur’s intervention. Where appropriate, you can also suggest<br />

that the Special Rapporteur undertake a country visit for extended dialogue with the authorities<br />

and other parties on this issue.<br />

evaluation The Special Rapporteur has frequently addressed displacement and the housing rights<br />

of persons who have been displaced in his annual reports and communications <strong>to</strong> authorities. In<br />

particular, the current mandate holder has been outspoken on displacement due <strong>to</strong> development 22<br />

and natural disasters, areas in which few human rights mechanisms have responded clearly.<br />

Transmitting individual cases is not the primary focus of his activities, however, and in the past, his<br />

volume of correspondence has been lower than other Special Procedures. Nevertheless, IDPs and<br />

concerned NGOs should consider submitting communications, either about individual or largescale<br />

cases, of forcible evictions, failure <strong>to</strong> provide adequate shelter <strong>to</strong> those who have fled their<br />

homes, and failure <strong>to</strong> provide assistance in returning <strong>to</strong> homes left behind.<br />

Who may submit communications Anyone may submit communications <strong>to</strong> the Special Rapporteur.<br />

competence The Special Rapporteur is empowered <strong>to</strong> consider issues of adequate housing in any<br />

UN member state.<br />

exhaustion of Domestic remedies The Special Rapporteur does not require exhaustion of<br />

domestic remedies.<br />

Duplication of Procedures The Special Rapporteur does not bar duplication of procedures.<br />

Time issues The Special Rapporteur has no formal urgent appeal mechanism but may be persuaded<br />

<strong>to</strong> act urgently in a particular case as the situation warrants.<br />

language and format Communications must be in writing and may be in any of the official UN<br />

languages: Arabic, Chinese, English, French, Russian or Spanish. There is no required format and<br />

no specific questionnaire for using the mandate, but at a minimum, information provided must<br />

include the name of the person whose rights have been infringed, identification of the perpetra<strong>to</strong>rs,<br />

22 E.g. U.N. Doc. E/CN.4/2004/48, paras. 62-63.<br />

<strong>Guide</strong> <strong>to</strong> <strong>International</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Mechanisms</strong><br />

for Internally Displaced Persons and their Advocates<br />

2

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