A/HRC/25/54
I. Introduction
1.
The Human Rights Council, in its resolution 15/8, requested the Special Rapporteur
to emphasize practical solutions for the implementation of the right to adequate housing.
In her first report on this subject, the Special Rapporteur identified the global tenure
insecurity crisis as a challenge deserving specific attention (A/HRC/22/46). In the present
report, she offers some guiding principles to address urban tenure insecurity. These
principles are informed by several responses from States to questionnaires, as well as
thematic and regional consultations with various stakeholders, and comments and input
from civil society organizations.1 The Rapporteur wishes to express her appreciation for all
contributions.
2.
In the last decade, States’ obligations to respect, protect and fulfil the right to
adequate housing have been elucidated, including through legislation and case law at
national and regional level. Internationally, in 2007, the previous Special Rapporteur in his
report (A/HRC/4/18) presented the basic principles and guidelines on development-based
evictions and displacement (“Basic Principles”). In 2012, member States of the Committee
on World Food Security adopted by consensus the Voluntary Guidelines on the
Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of
National Food Security. In the humanitarian context, in 2005 the Principles on Housing and
Property Restitution for Refugees and Displaced Persons were developed
(E/CN.4/Sub.2/2005/17). The present report reflects and builds upon these instruments,
focusing in particular on urban tenure security, to fill an important gap in human rights
guidance.
3.
Consistent with international human rights law, these principles give guidance on
existing human rights standards as they pertain to housing and land tenure. Nothing in these
principles should be read as limiting or undermining the existing human rights obligations
of States or other actors. Accordingly, the Special Rapporteur wishes to suggest that the
Council adopts these guiding principles on security of tenure for the urban poor.
4.
The present report is organized in two sections, with the guiding principles in the
first and commentary in the second. The commentary explains each principle and includes
examples of their practical implementation by authorities at all levels and by other relevant
actors around the world.
II. Guiding principles
5.
Below are the guiding principles on security of tenure for the urban poor as
suggested by the Special Rapporteur to the Council for adoption:
Guiding principles on security of tenure for the urban poor
Security of tenure is understood as a set of relationships with respect to housing and
land, established through statutory or customary law or informal or hybrid
arrangements, that enables one to live in one’s home in security, peace and dignity.
It is an integral part of the right to adequate housing and a necessary ingredient for
the enjoyment of many other civil, cultural, economic, political and social rights. All
1
All responses from States to questionnaires and more information on the consultations are available
from www.ohchr.org/EN/Issues/Housing/Pages/StudyOnSecurityOfTenure.aspx.
3