The International Covenant on Economic, Social and Cultural Rights 3. Gap between International and National Legal Regime and Practice 3.1 Right to Shelter: In Bangladesh the right to shelter is not recognized as a right, rather it is described as one of the basic necessities under Aticle 15(a) of its Constitution. So, the right stipulated in Article 11.1 of the ICESCR is not directly justiciable: it depends on the state’s effective measures to ensure the right to shelter for its citizens. In accordance with the constitutional responsibility, the Bangladesh government has adopted the National Housing Policy in 1993 and amended it in 1999. More recently, the government has drafted The National Housing Policy 2008, a very progressive policy in line with the ICESCR provisions related to the right to shelter. As the draft policy considered all aspects of ‘adequate housing’ prescribed by CESCR General Comment 4, now the only requirement is to finalize and implement the draft policy with a view to minimizing the gaps present in the existing housing policy. CESCR General Comment 4 states, “regardless of the state of development of any country, there are certain steps which must be taken immediately”. As recognized in the Global Strategy for Shelter and in other international analyses, many of the measures required to promote the right to housing would only require the abstention by the Government from certain practices and a commitment to facilitating "self-help" by affected groups. To the extent that any such steps are considered to be beyond the maximum resources available to a State Party, it is appropriate that a request be made as soon as possible for international cooperation in accordance with articles 11 (1), 22 and 23 of the Covenant, and that the Committee be informed thereof. General Comment 4 also reads, “States Parties must give due priority to those social groups living in unfavorable conditions by giving them particular consideration. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the 40 expense of others”. The Committee is aware that external factors can affect the right to a continuous improvement of living conditions, and that in many States Parties overall living conditions declined during the 1980s. However, as noted by the Committee in its General Comment 2 (1990) (E/1990/23, annex III), despite externally caused problems, the obligations under the Covenant continue to apply and are perhaps even more pertinent during times of economic contraction. It would thus appear to the Committee that a general decline in living and housing conditions, directly attributable to policy and legislative decisions by States parties, and in the absence of accompanying compensatory measures, would be inconsistent with the obligations under the Covenant. The Committee views many Numbers of homeless people based on different criteria component elements of the right to adequate housing as being at Roof over head: People who are floating in public spaces without a roof over their head least consistent with the provision are 32,078 in 118 cities and towns in Bangladesh of domestic legal remedies. (BBS, 1999). Depending on the legal system, Land ownership: People who are squatting in public such areas might include, but are lands with a roof over their head that they might or might not own are 2.62 millions in all cities in not limited to: (a) legal appeals Bangladesh (World Bank, 1998). aimed at preventing planned Adequate shelter: People who are living in slums and evictions or demolitions through squatter settlements without the issuance of court-ordered access to ‘adequate shelter’ are 7.85 millions (World Bank, 1998). Another estimate made by a recent injunctions; (b) legal procedures census is 1.39 millions (BBS, 1999). seeking compensation following Shelter deficit: The extent of homelessness as an illegal eviction; (c) complaints a manifestation of shelter deficit, i.e. difference the total number of urban households and against illegal actions carried between dwelling stock, is 800,000 households or 4.4 million out or supported by landlords people. (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 against landlords concerning unhealthy or inadequate housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness. 41