or damaged without their free, prior and informed consent. 2. Unless otherwise freely
agreed upon by the peoples concerned, compensation shall take the form of lands,
territories and resources equal in quality, size and legal status or of monetary
compensation or other appropriate redress.’
Article 32: ‘1. Indigenous peoples have the right to determine and develop priorities
and strategies for the development or use of their lands or territories and other
resources. 2. States shall consult and cooperate in good faith with the indigenous
peoples concerned through their own representative institutions in order to obtain
their free and informed consent prior to the approval of any project affecting their
lands or territories and other resources, particularly in connection with the
development, utilization or exploitation of mineral, water or other resources. 3. States
shall provide effective mechanisms for just and fair redress for any such activities, and
appropriate measures shall be taken to mitigate adverse environmental, economic,
social, cultural or spiritual impact.’
(k)
International Labour O rganisation Convention No. 161 Concerning
O ccupational Health Services (1985)
Article 5(b): ‘Without prejudice to the responsibility of each employer for the health
and safety of the workers in his employment, and with due regard to the necessity for
the workers to participate in matters of occupational health and safety, occupational
health services shall have such of the following functions as are adequate and
appropriate to the occupational risks of the undertaking: (…) (b) surveillance of the
factors in the working environment and working practices which may affect workers'
health, including sanitary installations, canteens and housing where these facilities are
provided by the employer.’
(l)
International Labour O rganisation Convention No. 117 Concerning
Basic Aim s and Standards of Social Policy (1962)
Article 2: ‘The improvement of standards of living shall be regarded as the principal
objective in the planning of economic development.’
Article 5(2): ‘In ascertaining the minimum standards of living, account shall be taken
of such essential family needs of the workers as food and its nutritive value, housing,
clothing, medical care and education.’
1.2
Secondary Instruments
The above, largely treaty-based provisions act as important constitutive principles of
international human rights law in the context of housing. However, of themselves
these principles lack the requisite detail to establish a framework of discernible
standards. Secondary instruments, often records of deliberations or pronouncements
5