A/HRC/25/54
losing their home as a result of the loan. Lending programmes that may undermine tenure
security should be abandoned or safeguards put in place, such as measures to ensure
applicants fully understand the terms of the loan, including the implications of default;
flexible repayment options in cases of financial hardship; and policy and contractual
commitments not to apply for an eviction from a foreclosed home until alternative adequate
housing has been arranged. Predatory lending practices are incompatible with the
responsibility of business to respect human rights and should be banned by banks and credit
institutions.
I.
Strengthening security of tenure in development cooperation
73.
Multilateral and bilateral development agencies regularly provide financial and
technical assistance to operations that affect tenure security, including infrastructure
development; land management, administration and spatial planning; urban development
and renewal; settlement upgrading; and policy reforms in, inter alia, the housing and
financial sectors. They also provide financing to diverse private sector activities that impact
tenure.
74.
Multilateral and bilateral development agencies should provide financial and
technical assistance to countries lacking sufficient resources to strengthen security of
tenure.90 However, they must ensure that all operations serve to strengthen and prioritize the
tenure security of vulnerable and marginalized persons and groups. Impact assessments
should be conducted in relation to all public and private operations before assistance is
provided. The guiding principles should guide development agencies in ensuring that their
operations support, promote and strengthen a variety of tenure forms and increase access to
well-located housing for the urban poor.
75.
In this regard, multilateral and bilateral development and finance agencies, including
export credit agencies, should adopt binding safeguard policies on resettlement and security
of tenure that aim to give effect to the right to adequate housing. While the World Bank, the
International Finance Corporation, regional development agencies and some export credit
agencies have commendably adopted policies on resettlement, these safeguards and their
implementation should be strengthened to reflect human rights standards and extended to
protect and promote security of tenure.91
J.
Empowering the urban poor and holding the State accountable
76.
The urban poor should drive the process of strengthening their tenure security.
Global experience shows that the realization of the right to adequate housing depends as
much upon the mobilization and advocacy of social movements as the concerted efforts of
States. Governmental and other relevant actors should support the empowerment of urban
poor individuals and communities by being accountable for the implementation of these
principles.
77.
Public access to information and transparency in decision-making are central to
accountability because they allow for scrutiny and critical debate, including through the
media. Free and meaningful consultation and active participation of people who are
potentially affected ensures that their views and concerns are taken into account throughout
90
91
22
See International Covenant on Economic, Social and Cultural Rights, arts. 2 and 11.
Special Rapporteur’s report on her mission to the World Bank, A/HRC/22/46/Add.3.