Our Right to Adequate Housing (2024)

Our Right to Adequate Housing

The Right to Adequate Housing (Established by the United Nations Declaration of Human Rights, 1948: ARTICLE 25) is defined broadly as “the right to live somewhere in security, peace and dignity.”

Who produced this guide?

In September 2023, ASF-UK and 1to1 – Agency of Engagement organised a peer-learning workshop in Johannesburg to discuss the Right to Adequate Housing in the inner-city. The workshop was co-designed with IIED’s Housing Justice team and was part of the ongoing Change by Design Johannesburg initiative. Community organisers from 1to1, ICF (Inner City Forum), ICRC (Inner City Resource Centre) and SERI (Socio-Economic Rights Institute) participated in the workshop.

During the workshop, we explored the meaning of the Right to Adequate Housing and discussed ways to advance this right for informal housing residents living in the inner city, either in informal settlements or unlawfully occupied buildings. The workshop resulted in this publication that collates key points of interest and interpretations raised during the discussions.

The obligations of national and local governments on pages 14–17 are defined in: ‘Housing and Basic Services from Below: How Local and Regional Governments are Advancing the Right to Adequate Housing’, edited by UCLG.

Any text in this ‘shaded box’ is quoted from ‘The Right to Adequate Housing Fact Sheet No. 21/Rev.1’ by United Nations High Commissioner for Human Rights. All other descriptions are interpretations of this right.

What is the right to Adequate Housing? 1

According to the UN, adequate housing must meet the following criteria. They are explained in this chapter.

1 – Security of tenure. Housing is not adequate if its occupants do not have a degree of tenure security which guarantees legal protection against forced evictions, harassment and other threats.

2 – Availability of services, materials, facilities and infrastructure. Housing is not adequate if its occupants do not have safe drinking water, adequate sanitation, energy for cooking, heating, lighting, food storage or refuse disposal.

3 – Affordability. Housing is not adequate if its cost threatens or compromises the occupants’ enjoyment of other human rights.

4 – Habitability. Housing is not adequate if it does not guarantee physical safety or provide adequate space, as well as protection against the cold, damp, heat, rain, wind, other threats to health and structural hazards.

5 – Accessibility. Housing is not adequate if the specific needs of disadvantaged and marginalized groups are not taken into account.

6 – Location. Housing is not adequate if it is cut off from employment opportunities, health-care services, schools, childcare centres and other social facilities, or if located in polluted or dangerous areas.

7 – Cultural adequacy. Housing is not adequate if it does not respect and take into account the expression of cultural identity.

Security of tenure 1.1

Adequate housing isn’t just about having a place to live. It also means that you should have a place to live where you are protected from unlawful evictions, threats or harassment by the state or by anyone else.

How does this apply to us?

• “Our policies protect residents from unlawful evictions, but they are not always enforced.”

• “People who live here may have rental agreements, but these agreements may not be recognised by the law.”

• “The political or religious affiliation of informal settlement committees or their leaders can affect the level of protection against evictions.”

• “It is often unclear if local government will provide adequate housing for residents.”

• “Once the land or a building is designated for upgrading, the security of tenure increases, and the chances of being forced to leave become lower.”

• “Instead of each person owning their place, we could think about different ways of having a secure place to live, like formal rental agreements, shared ownership, or community ownership.”

Availability of services, materials, infrastructure 1.2

What is it? Adequate housing includes access to safe drinking water, adequate sanitation, energy for cooking, heating, lighting, food storage and refuse disposal.

How does this apply to us?

• “In informal settlements, people create their own services like toilets and energy networks. However, these services can be vulnerable to vandalism. To ensure their safety, community safety officers are sometimes put in place to monitor and protect these services.”

• “Without adequate services, unsafe energy connections and the use of candles can pose a risk of fire outbreaks.”

• “Toilets may not be located in safe places for women and children to use at night.”

• “Waste and recycling facilities are often insufficient in informal settlements.”

Affordability 1.3

What is it? Housing is not adequate if it is so expensive that it affects other human rights, for example, access to food.

How does this apply to us?

• “Rental arrangements may still exist in informal housing, meaning that not all residents in informal settlements are living there free of charge. Informal rental arrangements can be expensive and policies don’t seem to protect those tenants.”

• “Unlawfully occupied buildings and informal settlements are often the only affordable housing option in the inner-city for people who have jobs or other commitments in Johannesburg.”

• “The costs of upgrading occupied buildings to meet the standards of adequate housing can be high.”

• “In occupied buildings, a leader or committee may collect payments for self-build repairs or service installations.”

Habitability 1.4

What is it? Housing needs to keep you safe, offer enough space and protect you from rain, fire, wind, heat, dampness, cold and other threats to the building or your health.

How does this apply to us?

• “Most informal housing does not meet the minimum requirements for habitability and is prone to many risks, like fire, structural instability, and flooding.”

• “The safety of women, children, and older people is often at risk in informal settlements.”

• “Greywater and waste are often a health hazard in informal settlements.”

• “Lack of space leads to insufficient privacy and no space to store food, especially in occupied buildings and dense inner-city settlements.”

• “Community safety officers can offer a higher level of safety and lead to community-led initiatives, such as those paid for by the SEE (Social Employment Fund).”

Accessibility 1.5

What is it? Housing must consider the unique needs of vulnerable and marginalised people, including people with disabilities, elders, children, women, minority groups etc.

How does this apply to us?

• “In the settlement where I live, people in wheelchairs and older individuals find it difficult to use government-provided chemical toilets.”

• “Sometimes women are forced to engage in sex work to access certain facilities.”

• “People with physical disabilities may struggle to evacuate safely in case of a fire.”

• “The paths and roads are not accessible for people with walking difficulties.”

• “The right to adequate housing for foreign residents, whether documented or undocumented, is often not recognised.”

Location 1.6

What is it? Housing must be in an appropriate location. It should not cut you off from employment opportunities, healthcare services, childcare centres and other social facilities. Housing must also not be located in polluted or dangerous areas.

How does this apply to us?

• “Land available for informal settlements is often contaminated or structurally unstable, for example, due to historical mining activities.”

• “Many informal settlements are far from schools. This poses great challenges for residents, especially children.”

• “The safety of children in a particular area or around certain buildings can make a location inappropriate for housing.”

• “Limited access to play areas is a common issue in informal settlements.”

• “Housing within occupied buildings in the inner city is often situated in good locations with easy access to services, shops, and transportation options.”

Cultural Adequacy 1.7

What is it? Housing must respect, take into account and support your cultural identity.

How does this apply to us?

• “Certain areas in a city, such as Jeppe, may serve as meeting points for residents of specific cultures.”

• “Council-provided temporary relocation housing often fails to respect the diverse needs of different cultures and religions.”

• “Due to the lack of overall space, there are typically no designated areas for social gatherings or prayer.”

• “The needs of extended families are often not adequately considered in informal settlements.”

• “Residents generally have clear ideas of what ‘cultural adequacy’ would entail for their home, building, or settlements.”

In housing, discrimination can take the form of discriminatory laws, policies or measures; zoning regulations; exclusion from housing benefits; denial of security of tenure; lack of access to credit; limited participation in decision-making ...

What are the obligations of Governments? 2

According to the United Nations, local and national governments have the following obligations. They are explained point-by-point in this chapter.

State obligations fall into three categories, namely the obligations to respect, protect and fulfil:

1 – The obligation to respect requires States to refrain from interfering directly or indirectly with the enjoyment of the right to adequate housing.

2 – The obligation to protect requires States to prevent third parties from interfering with the right to adequate housing.

3 – The obligation to fulfil requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures to fully realise the right to adequate housing.

The obligation to respect 2.1

National, regional and local policy should respect and recognise the housing rights of people who have been systematically discriminated against, as well as acknowledge housing processes and knowledge beyond the realm of formal planning.

What this could look like in inner-city Johannesburg:

• Recognise occupied buildings as housing opportunities in well-located areas.

• Understand local governance and settlement-specific complexity (for instance, the role of traditional leaders and committees).

• Understand the experience of the most vulnerable residents (for instance, people with a disability, children, elderly, migrants, people with addictions, and single-parent households…).

• Recognise residents as knowledge-holders and community data as a reliable source of knowledge.

• Recognise community assets and the capacity of residents to maintain and manage their own homes.

• Recognise the importance of intermediaries and support actors in the process (for example, NGOs, civic groups, private sector or tribal leadership).

• Recognise the role of local government to engage with residents meaningfully.

• Recognise when rights are not met and communicate shortfalls in a transparent way.

The obligation to protect 2.2

National, regional, and local governments play a critical role in protecting housing rights by creating rules and incentives that prevent unfair treatment and forced evictions

What this could look like in inner-city Johannesburg:

• Protect the rights of individuals in unlawful settings (for example, informal tenants, undocumented migrants).

• Protects the rights of vulnerable residents (for example, people with a disability, children, elderly, people with addictions, single-parent families…).

• Promote a range of options for secure tenure – including both shared and individual forms of tenure.

• Respond to delivery shortfalls identified by residents and their organisations.

• Protect residents from forced evictions without alternative adequate housing.

• Protect residents from all harm when they call out that rights are not met.

• Create incentives to safeguard self-made improvements, such as supporting the employment of paid Community Safety Officers.

2.3 The obligation to fulfil

National, regional, and local governments are critical to fulfilling housing rights by enabling and directly providing housing units, as well as supporting organised housing groups and coproducing initiatives for informal settlement upgrading.

What this could look like in inner-city Johannesburg:

• Enable the upgrading of unlawfully occupied buildings by putting in place an Upgrading of Informal Settlement Programme (UISP) for buildings.

• Enable co-production, self-improvement initiatives, and self-help processes (such as supporting do-it-yourself building upgrades and meeting residents halfway).

• Assist residents in managing and providing safety measures collectively (for example, by formalising Community Safety Volunteers).

• Create frameworks for collaboration between different stakeholders: residents, NGOs, private sector and local government.

• Make it simpler to access subsidies when residents are entitled to support.

• Have clear and fair procedures for resident and community organisations to be heard in government-led upgrading processes.

What role can residents and organisations play in advancing the right to Adequate Housing?

People have the right to be involved in decisions about their housing. If their rights are not respected, they can work with their organisations and support networks to hold the government accountable. This is very important for making sure everyone has an adequate place to live. However, community groups and civil society actors can do more than highlight what the state is not doing. They can:

• Share data and knowledge (1).

• Provide legal support to residents facing illegal evictions (2).

• Show examples of community-led upgrading (3).

• Engage in civic education and building coalitions (4).

• Learn from other places and try out new ideas (5).

3.1

Community facilitators from organisations like 1to1 – Agency of Engagement and Planact regularly collect data and information about the settlements they live in. This community-led data collection is especially important when local governments do not have accurate information about a settlement or building or do not share it. Inaccurate information used by government departments and development agencies to make decisions can result in interventions that fail to meet the needs and desires of the people on the ground. When communities have control over the information they collect, they are in a stronger position to start conversations, make demands, and hold governments accountable. By gathering and sharing information about the places where they live, communities can ensure that the government fulfils its obligation to advance housing rights.

3.2

Share data and knowledge Legal support against evictions

Organisations like SERI and ICF provide legal support to residents facing illegal evictions. They may produce guidance documents and represent families in court. They will generally point towards national and international law to ensure the rights of people are being met. By doing this they ensure that the government carries out its obligation to protect the housing rights of its residents.

To know more: SERI’s Resource Guides

3.3

Amplify communityled initiatives

Organisations such as 1to1 and Planact have demonstrated how communities can lead the way in upgrading their settlements and buildings. The experiences and actions taken during resident-led upgrades can serve as a foundation for developing formal government processes and policies. When communities take the initiative to improve their living conditions and document their work, it provides valuable lessons that everyone can learn from. Workshop participants suggested that government staff at the depot and national level should become involved in learning from existing resident-led projects so that they are better equipped to work with residents in fulfilling the right to adequate housing.

3.4 Civic education and building coalitions

To improve communication and public involvement in decisionmaking, community organisations can establish partnerships and create frameworks for collaboration with local government officials. An example of such a partnership is the City Learning Platform in Freetown, Sierra Leone. This platform serves as a space for various stakeholders, such as local authorities, NGOs, research institutions, private companies, and informal settlement representatives, to share their experiences, coordinate efforts, and propose solutions for upgrading informal settlements in the city.

To know more: Principles of Engagement for the City Learning Platform in Freetown

Learning from other places 3.5

Sometimes, new and helpful ideas for solving local challenges have been put into practice in other places. International organisations like ASF-UK and IIED play a role in promoting learning between different locations. In doing so, the aim is to break down unhelpful local tensions, introduce fresh perspectives, and show that alternative approaches are possible. For example, in São Paulo, Brazil, housing social movements have successfully tested innovative methods to improve informally occupied buildings with the involvement of residents. In some cases, residents of these buildings have effectively worked with local governments to have their upgraded buildings recognised and supported as social housing. It is important to acknowledge that each situation is unique, and we can’t simply transfer policies and practices from one place to another. However, by understanding and engaging in dialogue with similar experiences, we can imagine new ways to provide adequate housing in inner-city Johannesburg.

Constitution of South Africa, 1996

Article 26. Housing:

(1) Everyone has the right to have access to adequate housing.

(2) The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of this right.

(3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

Acknowledgements

Contributors

Authors

Beatrice De Carli, Tamara Kahn (ASF-UK)

Advisors

Jhono Bennett, Jacqueline Cuyler (1to1) and Alexandre Apsan Frediani (IIED)

Layout and Illustrations

Emma Carpenter (ASF-UK)

Translations

Hlamalani Rikhotso

Key Resources

Definitions of the Right to Adequate Housing used in this document have been drawn from:

OHCHR (Office of the United Nations High Commissioner for Human Rights) and UN-Habitat (United Nations Human Settlements Programme), The Right to Adequate Housing – Fact Sheet No. 21/Rev.1 (Geneva: OHCHR, 2009).

Definitions in ‘Part 2’ have been drawn from:

United Cities and Local Governments (ed.), Housing and Basic Services from Below: How Local and Regional Governments are Advancing the Right to Adequate Housing – Local and Regional Governments Report to the 2023 HLPF, Paper 1 (Barcelona: UCLG, 2023).

With thanks to the workshop participants:

1to1 – Agency of Engagement: Cornelia Busiswa Tsibiyana, Noluthando Geja, Florence Gule, Percy Masango, Dumisani Mathebula, Balungile Mntaka, Bonginkosi Ndlovu, Julia Phora, Itumeleng Tlokotsi

ICF (Inner City Federation): Siyabonga Mahlangu, Lizwelthu Ndlovu, Sifiso Zuma

ICRC (Inner City Resource Centre): Monica Hassamo

SERI (Socio-Ecolonic Rights Institute): Lauren Royston

To cite:

Architecture Sans Frontières UK, 1to1 Agency of Engagement and International Institute for Environment and Development, Our Right to Adequate Housing (London: ASF-UK, 2024).