E/C.12/NAM/CO/1
Right to adequate housing
56.
The Committee, in spite of the National Mass Housing Development Programme, is
concerned at the acute shortage of affordable housing in the State party. The Committee
also expresses concern that a quarter of the State party’s population lives in poor-quality
housing in informal settlements without security of tenure or access to water, electricity and
sanitation facilities, in spite of the investment of resources in land-servicing in urban areas
(art. 11).
57.
The Committee recommends that the State party adopt immediate measures to
alleviate the acute shortage of affordable housing, including that it:
(a)
Invest further in land-servicing and upgrading of informal settlements
wherever habitability and access to water and sanitation may be secured;
(b)
Accelerate the process for conferring legal security of tenure to those
currently lacking such protection, in genuine consultation with affected persons and
groups, including informal settlement dwellers;
(c)
Ensure that titles granted under the Flexible Land Tenure System
guarantee security of tenure;
(d)
Expedite the adoption of amendments to the Consumer Protection Bill to
protect tenants against unreasonable rent levels;
(e)
Eliminate the resources and procedure-related bottlenecks of the Build
Together Programme;
(f)
Assess the impact of existing housing subsidies on the enjoyment of the
right to adequate housing by the most disadvantaged and marginalized individuals
and groups.
58.
The Committee refers the State party to its general comment No. 4 (1991) on
the right to adequate housing.
Forced evictions
59.
The Committee notes with concern that forced evictions carried out by the State
party have rendered a number of informal settlement dwellers and tenants in rent arrears
homeless (art. 11).
60.
The Committee recommends that the State party bring its enactments and
practices on forced evictions into line with international standards, especially those on
due process. The Committee also urges the State party to cease all forced evictions
that may render individuals homeless or vulnerable to the violation of other human
rights. The Committee draws the attention of the State party to its general comment
No. 7 (1997) on forced evictions and the basic principles and guidelines on
development-based evictions and displacement.
Rights to water and sanitation
61.
While noting with appreciation the State party’s rights-based water and sanitation
policy, the Committee is concerned that the responsibility for collecting water in rural areas
falls mostly on women and girls, who have to walk a long distance to access water points.
The Committee is also concerned at the rising number of persons who cannot afford to pay
their bills and that a large proportion of the population does not have access to adequate
sanitation (arts. 11 and 12).
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