4.3
UN Special Rapporteur on Adequate Housing
The Special Procedures of the Human Rights Council are an important feature of the
UN’s human rights machinery. They confer the authority in thematic or geographical
areas for an appointed expert to undertake country visits, receive individual
communications and submit reports to the Council on States’ compliance with specific
aspects of the human rights framework. These experts will also submit individual
communications to States concerned, seeking their reply to allegations of or concerns
relating to the commission of human rights violations.
The UN Special Rapporteur on Adequate Housing as a component of the right to an
adequate standard of living, and on the right to non-discrimination in this context,
performs this function with respect to housing-related human rights. In around 2002
there were discussions with the then Rapporteur, Miloon Kothari, for him to undertake
a country visit to the Philippines. It is understood that a mission was agreed in
principle with the Philippine Government, but for various reasons the visit did not take
place. No subsequent Special Rapporteur on Adequate Housing has undertaken a
mission to the Philippines.
The CHR has recently raised concerns about the Philippine Government’s engagement
with Special Procedures of the Human Rights Council, specifically that ‘there are
around thirteen (13) to fourteen (14) requests by the Special Procedures Mechanism to
visit the Philippines [and] some requests have been pending for almost eight (8)
years’.55 The request for a visit by the Special Rapporteur on Adequate Housing would
appear to fall within this category.
The OHCHR has identified that the Special Rapporteur on Adequate Housing has
previously received individual communications from human rights advocates in the
Philippines raising serious concerns about forced evictions. However, only limited
dialogue ensued between the Rapporteur and the Government in relation to these
concerns.56
The Special Procedures of the UN Human Rights Council represent an important
instrument of international human rights protection. They also present an opportunity
for governments to establish their status as a supporter of human rights in the area of
the Special Procedures mandate. In light of the Philippines’ current membership of the
Human Rights Council, and its position in the international community as a guardian of
human rights, a stronger engagement with the UN Special Rapporteur on Adequate
Housing should be taken up by the Government.
55
56
Commission on Human Rights, Advisory on Invitations of the Special Procedures Mechanism, CHR (IV) A2012-003, 2012, p. 2.
See: above, n. 45.
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