A/HRC/34/51/Add.2
eviction and demand a hearing, they can be evicted through administrative procedures
without a hearing and in a short period of time. Persons living in a vulnerable situation may
experience multiple barriers should they decide to appeal against an eviction, ranging from
lack of knowledge of the procedures to lack of time or money, or of legal aid. Moreover,
under the former regime, tenants benefited from strict, long-term rent control, in which case
many paid a nominal sum each month. For those falling outside the transition phase
categories, the dramatic increase in rent to market values has been experienced as an
unmanageable shock, especially for those unentitled to social benefits.
39.
The national Parliament has approved general aspects of proposed amendments to
the regime in two bills to enhance protection for vulnerable tenants. Bill 155/XIII
introduces an amendment to protect tenants who are 65 years old or older and persons with
a degree of disability in excess of 60 per cent receiving an annual gross fixed income that is
lower than five annual national minimum wages, by extending the transition period from 5
to 10 years for those with pre-1990 housing contracts and non-housing contracts prior to
1995, limiting the increase in rent. Bill 310/XIII/2 also aims to extend the transition period
from 5 to 10 years, but differs in scope by protecting all tenants in the lowest income
segment, regardless of the persons age or degree of disability. The Special Rapporteur was
not informed of when the amendments would be decided upon or about the likelihood of
their adoption.
40.
Some initiatives being developed by the Government suggest that efforts are being
made to find affordable alternatives to rental accommodation, such as the Rehabilitation for
Renting programme (Rehabilitar para Arrendar), the Rehabilitation for Renting programme,
and the New Affordable Rental Market. In the latter case, landlords are incentivized to rent
below market rates in exchange for fast-track dispute settlements or tax benefits. Although
the Special Rapporteur recognizes that these programmes may lead to positive outcomes,
she notes that there have not yet been any specific outcomes to be assessed. She also notes
that programmes like BIP-ZIP, in Lisbon, which provides direct support and funding to
local organizations and freguesias (parishes) have yielded positive results since 2011, and
that similar programmes should be encouraged and funded.
C.
1.
Issues in focus
Evictions, demolitions and informal settlements
41.
Forced evictions are a gross violation of international human rights law, and
therefore prohibited. In the light of their repercussions on human rights, they are justified
only in the rarest and most exceptional of circumstances, and in strict compliance with
existing international human rights norms and guidelines.
42.
In 2011, there were approximately 6,612 “non-conventional” dwellings in Portugal,
less than 0.11 per cent of all dwellings The lack of social housing and of a rent supplement
programme, or other private market access-to-housing solution for people living in poverty,
means that these populations – the Roma, persons of African descent, persons with
disabilities, and single parents – often have no choice but to stay in informal settlements, in
the worst conditions, or to rent the least expensive (yet not always affordable) units on the
private market, many of which offer grossly inadequate conditions. The informal
settlements of the Roma and people of African descent are examples.
43.
Informal settlements such as those in Loures, where Roma and people of African
descent are forced to live, are a shameful blight. Some communities live without electricity.
Their homes are set amidst garbage, are dark, poorly constructed out of tin and debris, and
exposed to rain, wind and overheating in the summer months. These are housing conditions
that one hopes never to see, and certainly not in a developed country that has ratified
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