including affected, housed and their representatives. should be ministries taken and regional to reconcile related loca! and Furthermore, in order authorities policies (economics, steps Details of specific cases and of other ways in which entrenchment has proved helpful should thus be provided. between coordination ensure to inadequately the homeless, the agriculture, environment, energy, etc.) with the obligations under article 11 of the Covenant. 17. The Committee views many component elements of the right to adequate housing as being at least consistent with the provision remedies. Depending of domestic legal on the legal system, such areas might include, but are not limited to: (a) legal appeals 13. Effective monitoring of the situation with respect to housing is another obligation of immediate effect. For a State party to satisfy its obligations under article 11 (1) it must demonstrate, inter alia, that it has taken whatever are necessary, steps either alone or on the basis of international cooperation, to ascertain the full extent of homelessness and inadequate housing within its jurisdiction. In this regard, the revised general guidelines regarding the form and contents of reports aimed at preventing planned evictions or demolitions through the issuance of court-ordered injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c) complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other forms of discrimination; (d) allegations of any form of discrimination in the allocation and availability of access to housing; and (e) complaints adopted by the Committee (E/C.12/1991/1) emphasize the need to “provide detailed information about those groups within ... society that are vulnerable and against landlords concerning unhealthy or inadequate disadvantaged with regard to housing”. They include, in particular, homeless persons and families, those inadequately housed and without ready access to basic amenities, those living in “illegal” settlements, those subject to forced evictions and low-income groups. class action suits in situations involving significantly 14. Measures designed to satisfy a State party’s housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating increased levels of homelessness. 18. In this regard, the Committee considers that instances of forced eviction are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional abligations in respect of the right to adequate housing circumstances, may reflect whatever mix of public and private sector measures considered appropriate. While in some States public financing of housing might most usefully be spent on direct construction of new housing, in most cases, experience has shown the inability of Governments principles of international law. to fully satisfy housing deficits with publicly built housing. The promotion by States parties of “enabling strategies", combined with a full commitment to obligations under the right ‘to adequate housing, should thus be encouraged. In essence, the obligation is to demonstrate that, in aggregate, the measures being taken are sufficient to realize the right for every individual in the shortest possible time in accordance with the maximum of available resources. 15. Many involve of the measures resource of a general kind. allocations that will be and Nevertheless, required policy will initiatives the role of formal legislative and administrative measures should not be underestimated in this context. The Global Strategy for Shelter (paras. 66-67) has drawn attention to the types of measures that might be taken in this regard and to their importance. 16, In some States, the right to adequate housing iS constitutionally entrenched. In such cases the Committee is particularly interested in learning of the legal and practical significance of such an approach. and in accordance with the relevant 19. Finally, article 11 (1) concludes with the obligation of States parties to recognize “the essential importance of international cooperation based on free consent”. Traditionally, less than 5 per cent of all international assistance has been directed towards housing or human settlements, and often the manner by which such funding is provided does little to address the housing needs of disadvantaged groups. States parties, both recipients and providers, should ensure that a substantial proportion of financing is devoted to creating conditions leading to a higher number of persons being adequately housed. International financial institutions promoting measures of structural adjustment should ensure that such measures do not compromise the enjoyment of the right to adequate housing. States parties should, when contemplating international financial cooperation, seek to indicate areas relevant to the right to adequate housing where external financing would have the most effect. Such requests should take full account of the needs and views of the affected groups. ©1996-2001 Office of the United Nations High Commissioner for Human Rights Geneva, Switzerland GENERAL COMMENTS AND STATEMENTS 21