Macedonia
Housing Poverty Study – Focus on Roma in the Republic of Macedonia
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Housing Poverty Study – Focus on Roma in the Republic of Macedonia
Content Housing Poverty Study – Focus on Roma in the Republic of Macedonia.............................1
Housing in the context of social exclusion.........................................................................................4 The aim and the directions of the study.............................................................................................5 Situation and trends of social development and housing ..........................................................6
Factors in addressing housing problems........................................................................................ 11
NORMATIVE-LEGAL FRAMEWORK RELEVANT TO HOUSING.............................................. 11 International normative framework................................................................................................. 11 National Legal Framework.................................................................................................................... 14 Policies and measures............................................................................................................................. 18 Monitoring of the performance of housing: a methodological approach and definition
of relevant indicators............................................................................................................................... 21
Literature...................................................................................................................................................... 26
Appendix 1. Report for the Department for implementation of the Decade for Roma,
Ministry of Labour and Social Policy of RM (Mabera Kamber and Elvis Mehmeti)...... 28 Situation and challenges in housing for Roma Population in Macedonia: Experiences from the implementation of the NAP from the Decade for Roma Inclusion with a special
emphasis on housing................................................................................................................................ 28 Introduction................................................................................................................................................. 28 Initiative Decade of Roma inclusion 2005–2015......................................................................... 28 Brief background and institutional set up...................................................................................... 28
NAP implementation . ............................................................................................................................. 30 Overview of housing................................................................................................................................. 30 Housing projects for socially vulnerable groups......................................................................... 31
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Abbreviations MUP
Master Urban Plan
LSGU
Local Self-government Units
DUP EC
EU
IPA
LAP
MoH
ICESCR MES
MTC
MLSP NAP
OSCE
OECD UN
RIC
UDHR UNDP
Detailed Urban Plan
European Commission European Union
Instrument for Pre-accession Assistance Local Action Plan
Ministry of Health
International Convention on Economic, Social and Cultural Rights Ministry for Education and Science
Ministry of Transport and Communications Ministry of Labour and Social Policy National Action Plan
Organization for Security and Cooperation in Europe
Organization for Economic Cooperation and Development United Nations
Roma Information Center
Universal Declaration of Human Rights
United Nations Development Programme
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Housing in the context of social exclusion It is indisputable that housing is the basic existential need of humans which stands out as one of the most important issues in life. Housing fulfills the physical need for safety and shelter from weather and climatic conditions, the psychological need to induce a feeling of personal space and privacy, but also, the social need for a shared space of a family. Solutions (or failure to provide one) to the problem of housing alleviates or complicates a high number of other issues in life that are directly associated or linked to it (social, economic, sociological, psychological, political, spatial planning, legal and other issues). Then again, the right to housing is a universal human right which has been recognized at an international level in more than one hundred national institutions across the world. The essence of the realization of the right to housing is a human understanding that the life of an individual is more than just mere survival, in other words, it assumes that relevant housing which meets given standards is provided. The right of every man, woman, young individual and child is a safe home and a community as some of the preconditions for a peaceful life in dignity.
Global trends show us that the growth in the population, dynamic migration to urban environments, paucity of financial and natural resources insufficient for a balanced and sustainable development, and a high number of other various factors result in homelessness or with inadequate housing of a major part of the global population. The United Nations estimates that globally, there are approximately 100 million homeless persons and over 1 billion individuals who live in inadequate housing conditions. The same estimate states that by 2050, three billion people will live in poor substandard conditions. In essence, such trends underline the responsibility of the states and highlight the difficulties they face in light of the global dimension of this problem the effect of which is a deepening social exclusion. At the same time, an effective solution to this problem warrants a question as to how far the obligations of the states’ stretch in the area of housing and whether the problem is only in the provision of shelter for all, or it encompasses more (for example, four walls and roof over one’s head, land ownership). An additional concern is the situation concerning the total residential space available, in light of its degree of depreciation and the lack of the very basic infrastructure preconditions (no access to potable water, no sanitary facilities, and access to electrical power). It is more than clear that inadequate housing is reflected in the other areas, such as employment, education, health and social sphere, participation in the decision making process, limited access to certain civil right. Regardless of the fact that the fulfillment of obligations by each country in this sphere depends on its own economic might and on other economic, cultural and social factors, the acute nature of the problem warrants urgent and organized action with inclusion of all actors in society for the purpose of prevention of any negative development trends. As a matter of fact, this is what every society owes to its future generations.
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The aim and the directions of the study This study focuses on the current living conditions of Roma people in the Republic of Macedonia, while the general goal is to overcome the unfavourable conditions and problems in the area of housing. The activity is in synergy with the set priorities and assumed responsibilities under the Decade for Roma Inclusion 2005-2015, which aims at closing the gap between the living conditions of the Roma community compared to all other communities focusing on several areas: education, health care, employment and housing.1 It has been assessed that of the four above mentioned priority areas, the housing issue has been least successful in the Republic of Macedonia, which is why the activities are currently directed towards improvement of housing and better implementation of planned activities as the basis for future successful social exclusion of this community. Each of the above priorities has been addressed and elaborated separately in the National Strategy for Roma in the Republic of Macedonia. On the other hand, the National Housing Strategy aims at a long term, standardized and harmonized development in line with the modern standards of the quality of life. It is expected that the realistically dimensioned strategic goals of the housing policy and their successful implementation will have a positive impact on the other segments of society. Experience has shown that in all democratically developed countries housing needs are not met only on market based principles of supply and demand, but the state, through various interventions and state policy measures, models the issue of housing adapting itself to the changes and conditions of the real housing market. In this sense, the overall efforts of these activities are focused on:
yy Development of a concept of improving of conditions for a higher degree of social inclusion of the members of the Roma community in society;
yy Creation of conditions conducive to improvements in housing standards and quality of housing, in particular of vulnerable categories of population in society, which include the Roma;
yy Introduction of systemic measures and completion of the legal framework to make easier the access of the poor segments of population to housing (legalize illegal building facilities, social housing and other measures); yy Development of programmes by various domestic or international actors that will allow for fundamental improvements in the area of housing (maintenance of the existing housing stock, stimulation of new construction of residential premises);
yy Achieving sustainable economic and social development and improvement of the environment and more human residential areas;
1  The housing problems have been identied and covered in the actions plans pertaining to the Decade of Roma. The first group of issues include laws and regulation, as well as lobying to ensure that they are passed. Emphasis has been laid on participation in the decision making process, above all at a local level, as the best opportunity to highlight problems in interaction with the international documents which promote development in this area (promotion of positive discrimination). In this context, it is a fact that the Republic of Macedonia adopted a new law on housing and a new law on treatment of unlicensed facility. The second group of issues focuses on the sphere of urban planning where the task is to examine and gain knowledge of everything, above all, the current situation, on the basis of which efforts should be made to urbanize such settlements, pass new urban plans. The third group of issues deals with improvements in the quality of life of Roma people through an easier access of the Roma population to solutions to their housing problems, improved infrastructure in Roma quarters and decrease in the number of substandard homes.
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yy Integral and multidimensional approach to address the issues and synchronize the efforts of all parties involved so that greater efficiency can be achieved and better results attained.2
In addition to the existing data and literature (studies, reports, research, statistical indicators) which are relevant and are covering the current situation in the area of housing, this study looks into the international regulation which addresses this issue, but also the domestic legal framework relevant to housing. Also, an account has been taken of the baseline studies realized under the project of “Habitat for Humanity Macedonia” entitled “Promoting housing rights for the Roma”3 in the municipalities of Kumanovo, Shuto Orizari, Tetovo and Gostivar in cooperation with Roma Information Center (RIC), introduced by the Ministry of Labour and Social Policy.4 Also, experience and methodological approaches in the choice of indicators that allow for an accurate monitoring of the trends in the housing arena in the realization of the planned activities have been taken into consideration.
Situation and trends of social development and housing
Ranking of states according to the Human Development Index shows that the Republic of Macedonia is ranked at the 71st place in the group of countries after Monte Negro (49th), Romania (50th), Croatia (51st), Bulgaria (58th), Serbia (60th), Albania (64th), Russian Federation (65th) and Bosnia and Hercegovina (68th). Only in 2010, the Human Development Index in the Republic of Macedonia stood at 0,701 (Serbia 0,735, Slovenia 0,828; Russia 0,719; Greece 0,855; Croatia 0,767; Bulgaria 0,743 and Albania 0,719).
Figure 1. Comparative account of the values of the Human Development Index in 2010
Figure 1.(selected Comparative account the values countries, choice:ofUNDP 2011) of the Human Development Index in 2010 (selected countries, choice: UNDP 2011) HDI 2010 2010 ХДИvalues вредности HDI line линија ХДИcomparison споредбена
0.94
ay w
r No
6
0.86
ce
ee Gr
0.83
ia
en ov Sl
0.77
tia
oa Cr
0.74
ia
r ga
l Bu
0.74
a
i rb Se
0.72
sia
s Ru
0.72
ia
an
b Al
0.71
B
d
an
H
0.70
ia
on
ed
ac
M
2 Provision of the triangle of communication housing-employment-education. 3 The project „Promoting housing rights for the Roma” is aimed at giving contribution to a stronger promotion of the right to housing as the basis of social inclusion, increasing the awareness of the fact that local population, local selfgovernment units and representatives of non-governmental organizations should work to the best of their capabilities on the resolution of housing problems and tackle poor housing to improve the situation by way of timely passage and implementation of local action plans, as well as at increasing the awareness of the members of the Roma population concerning the realization of their right to housing. 4 Local leader (lobby) groups have been set up in those municipalities made up of representative of the civil, business and public sector so that they can work on the preparation and revision of action plans on housing. Baseline studies need to be developed in municipalities to address the housing situation at a local level to deliver training on the right to housing as a fundamental human right.
According to the data provided by the United Nations for 2010, life expectancy in the Republic of Macedonia is growing continuously and in 2010 it is 74,54 years which falls into the regional average. Average length of schooling of individuals older than 25 in Macedonia is 8,17 years (Bulgaria 9,94; Croatia 8,96; Serbia 9,53; Bosnia and Hercegovina 8,67; Albania 10,38). Expected length of schooling of children at enrollment age in Macedonia is 12,30 (Bulgaria 13,67; Bosnia and Hercegovina 13,01; Albania 11,27; Croatia 13,84; Greece 16,48; Serbia 13,45).
The progress report by the European Commission for Macedonia for 2009-2010 notes that small progress has been made in the area of social policy and employment with respect to social dialogue and non-discrimination, and some progress in the field of employment and social protection. However, limited progress has been made in social inclusion.5
With regards to the housing segment, World Bank’s estimates indicate that in Macedonia there are about 100 substandard settlements with a total of 274, 000 inhabitants, although there are indications that the real number is much higher. Other data sources show that compared to the countries in the region, Bulgaria and Macedonia have the highest percentage of urban population which according to the latest 2002 census, in Macedonia stands at 54%. Also, on average Macedonia has a significantly higher percentage of young population, since 21,8% of the population is at an age of 14, and 45,8% is population at the age of 15 to 44. Hence it is expected that the demand for housing will grow. As a result of the aforementioned and other factors, a rise is expected both in the percentage of urban poverty (which on its own is a complex problem that entails an increase in the number of people who live in poor housing conditions below the minimum standard)and in homelessness and in the number of people who haven’t resolved their housing problems.
The number of single family households recorded in the Republic of Macedonia in 2002 stood at 564,237, with multi member households occupying more than one half of the housing stock: in 26% of the dwellings live five or more people, while in 28% live four individuals.6 In 2002, according to the number of housing unit per 1,000 population, the Republic of Macedonia is the last but one amongst the countries from the region (343 housing units per 1,000 population, compared to Bulgaria with 465 or Croatia with 417). The average family size in 2002 was 3,6 persons. In terms of the basic infrastructure, there is 82% and 60% coverage of the housing stock with water supply and sewerage respectively. Data suggests that most of the Roma people in Macedonia do not have a nomadic life, but they live in urban settlements or in settlements gravitating towards urban environments (95%), with dominant concentration in poorer or suburban parts. The general conclusion is that the conditions in which they live are very bad, often times below the level of the accepted standards of adequate housing, and that they are continually becoming worse and worse. In terms of population by regions, the highest numbers of Roma households (48%) live in the Skopje urban region, followed by Pelagonija and Eastern region (14% each), Kumanovo (10%) and Polog region (9%). According to the data from the 2002 population census, the highest portion of the Roma population with officially registered place of residence (about 45%) live in only 10 municipalities: Bitola, Vinica, Gostivar, Debar, Kumanovo, Кichevo, Kochani, Prilep, Tetovo and Shtip. As to the regional distribution of population,it is important to stress that almost as many live in the city of Skopje (43,06%), of whom one-half lives in the
5 EU Progress Report for the Republic of Macedonia, a working document available on: http://www.sep.gov.mk/content/ Dokumenti/MK/EK_izvestaj_2009_mk.pdf, accessed in January, 2012. 6 Statistical Bureau of Republic of Macedonia, 2002census data.
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municipality of Shuto Orizari, while the remaining 12% of Roma population live in the other municipalities.
According to some estimates, about 70% of Roma do not have any documents to prove ownership of their dwellings. As to the dwelling, only 2% live in residential apartment buildings, 15% in new houses that are in a good condition, and 46% in old houses that are in a comparatively good condition, 36% in decrepit houses or substandard dwellings and 2% in unfinished dwellings. About 45% of the responding families believe that hunger is for them a very real threat.7 Roma families often live in substandard homes, without adequate potable water or sewege for municipal waste water. Data from the Public Health Institute of Republic of Macedonia show for the 7 roma communities on the territory of the city of Skopje (excluding the largest, in Shuto Orizari) that 63% of the roma population in those communities live in facilities made of solid construction materials, 7,25% of families live in improvised houses built from non-consturction materials (cardboard, nylon, alluminium pannels, plastic) and 29,5% live in decrepit and makeshift facilities. Homes of Roma families are small, designed to meet the most basic needs, in which more than 50% the population exists with less than five square meters per family member. About 40% of all families live in collective homes, in other words, homes that they share with another family. Only 16% of Roma homes in the said 7 Roma communities have an indoor toilet and bathroom in the house; 77% of families have an outdoor makeshift toilet in the courtyard, and 58% use tap water outside of their homes. However, almost 10% do not have any potable water supply, nor do they have water for hygienic needs, and the estimate is that about 50% of those families do not have an adequate solution for disposal of municipal waste water from their homes. Table 1: Some socio- economic indicators and disparity in the Roma population against the national average (2008)
Indicator Average monthly income per household (in EUR) S80/S20 (ratio between the total income of the wealthiest and the poorest 20% of population) Percentage of poor population (on the basis of income) Percentage of poor population (on the basis of expenditure) Unemployment rate (self registered) Percentage of children that have enrolled in primary school * Percentage of children that finish primary school * Percentage of children that enroll in secondary school *
Republic of Macedonia (national average)
Roma population
160
80
28%
64%
31%
73%
8
19%
20
44%
95%
63,1%
63%
17,4%
82,6%
44,6%
Adapted by: UNDP and USEE(2008) and * = State Statistical Bureau(2007)
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7  Data provided herein are an extract from the data used as a referent data base in the writing of the Report of the Republic of Macedonia in Millenium Development Goals, Government of the Republic of Macedonia, June 2005.
The housing situation, besides being a result of economic factors, is also a result of socio-cultural factors which further complicate the complex nature of social exclusion of this segment of population. Research shows that these categories of population in most cases inhabit on a long term basis dwellings with ambiguous ownership status, which fall outside of the urban planning zones, which is why utilities are not as readily available or are not available at all. In light of deepening poverty, out of date housing stock which is maintained irregularly, it is expected that this will also contribute to additional deterioration of the situation regarding poor housing. Hence a particular question arises as to a global solution to such situations which manifest themselves as: yy Living in facilities which do not have a planning permission8, where in most cases even the very basic infrastructure conditions are not in place (no power or water supply, and even if there is, water is polluted and unfit for human consumption, there is often a lack of sewerage, proper roads with asphalt and street lighting, there is no system of garbage collection in place, and other basic elements of urban infrastructure are also missing);
yy A new phenomenon of haphazard emergence of new settlements without any systemic control (not included in urban plans) is taking hold as a result of lack of programmes for planned and comprehensive solutions to housing problems (in most communities they establish homes on the margins of the towns); yy Municipal network overload (it is in most cases obsolete and does not have the required capacities);
yy Growing population density in some categories of the population which traditionally live in family communities, and overpopulation against usable space in housing terms;
yy People do not hold title deeds for a number of reasons (due to open ownership status, but also due to a lack of knowledge about the procedure which is perceived as being too complicated); yy Exposure to potential population health risks (a fact which incurs additional costs for the state in this sphere); yy Discrimination on various grounds in terms of exercise of the right to housing;9
yy Potential likelihood of potential for discontent or conflicts (due to an impression that this population segment is marginalized and discriminated against); yy Limited access to favourable loans or to the available housing stock due to high prices;
yy Spatial segregation along ethnic or other lines of those communities that have their own cultural or social peculiarities and which are more than often a target of inherited prejudices and stereotypes harboured by those not in the community.
8  It is estimated that in Macedonia, there are about 40.000 illegal building facilities, of which about 80% are in suburban areas around Skopje. 9  For example, general problems with respect to integration of such settlements with the remaining urban area, lack of possibility to obtain documents confirming ownership in informal settlements, difficulties in searching rental premises, limitations of the right to be awarded apartments through social programmes, problems in water and power connections.
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This situation has been confirmed in a number of surveys.10
Framework 1: Analysis of the situation with housing for Roma in Gostivar, Kumanovo, Tetovo and Shuto Orizari The „Habitat for Humanity Macedonia“ Project – „Promoting housing rights for the Roma “ – in four municipalities in the Republic of Macedonia (Gostivar, Kumanovo, Tetovo and Shuto Orizari) offers a baseline assessment of the housing situation. Data show that about 40% of Roma households in Gostivar live with their broader family (parents and children, broader family and other relatives), and in 30% of households several families live together. At the same time, 29% of family members are younger than 15, which implies that it is by and large young population.11 In terms of employment in the family, the data are abysmal and show unemployment of all family members in 61% of respondents who are primarily in their prime working capacity. Trends are similar in the other municipalities that were taken in the sample. In the municipality of Tetovo about one half of respondents live in a broader family, while it was found in 10% of the cases that several families live together. About 66% of all households are made up of 5 or more members. In the municipality of Shuto Orizari about one third of respondents live exclusively off the system of social assistance, and additional 15% have sources of income on top of social assistance. But on the other hand, in terms of legalization of facilities and in terms of infrastructure capacity, this municipality is showing a positive trend. Nevertheless, in the municipality of 66% of responding families are made up only of parents and children, 16% of households are extended families, and 12% are households in which several families live together. Over one third of family members are younger than 15, and one half are at the age of 15-45. Education level is very low; 71% of respondents have only primary education or less. About 68% of responding families are without a single member in employment. A similar percentage (72%) of households live in dwellings with area space lower than 60 square meters, and half of all households do not have a toilet or a bathroom in their premises. In all the municipalities the analyzed sample shows poor health status and short life expectancy (about 60 years) against the national average (70+), problems with unemployment and lower level of education against the national average.
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10 Thus the results of the survey carried out in Shuto Orizari (a sample of 3.100 families) show that: more than half of the families live with another family together in a community, there are about 2 to 5 square meters per family member in 40% of respondents; more than one half of all respondents do not conditions for personal hygiene upkeep (bathing); about 60% use water in their homes, unlike the remaining 40% who have outdoor taps or wells or use water from public places; about 15% use improvised toilets, while about 1,5% of all families do not have water at all. Study project: Vulnerability of the Roma Children in the Municipality Shuto Orizari, Skopje, September 2000 (UNICEF, WB). Another UNICEF and World Bank survey from 2000 which covers Roma who live in Skopje outside of the settlement Shuto Orizari shows that 30% of responding families live in improvised or makeshift houses. A total of 64% of responding families live independently, and every fourth family shares the roof with another one, or in other words, every tenth lives under the same roof with more than two other families. Have of responding cases live in a space of under 5 square meters per family member. The percentage of families without a sanitary node in their homes is high (78%). Only 6% responding families have indoor water facilities, and 16% have a bathroom on top of a toilet. A total of 59% have water in their courtyard, and only 26% have water in their homes. Most of those settlements do not have paved roads, street lighting and other infrastructure elements, such as nurseries, schools or primary health clinics (sample of 1.600 families). In the settlement Shuto Orizari, one family lives in a residential space independently in only 47% of the cases, the same areas is shared by two families in 29% of the cases, and 24% live with more than two other families. In 41% of the cases each family member has only 5 square meters, and n 40% between 6-10 square meters. Courtyard sanitary node is found in 48% of the cases, while 10% do not have any at all. A total of 85% of the cases are connected to the sanitary system, but 40% have water in their courtyard, while 57% have indoor water supply. Nonetheless, generally speaking, data for Shuto Orizari show that the settlement is comparatively urbanized. Lakinska-Popovska Dr. Divna, Vulnerability of Roma Children in the Dispersed Roma Communities in Skopje, Study Project, UNICEF, World Bank, September 2000. 11 Low educational structure is reflected in the fact that one third of respondents have completed primary education, one fifth have completed fourth grade, while every fourth family member has completed secondary education. In gender terms, Roma women have a lower average education than the above average.
Factors in addressing housing problems The complexity of the issue and the priorities pertinent to housing warrant a need of synchronized involvement of all concerned actors in society. Those are above all the state with its bodies and institutions and local government authorities, as well as nongovernmental organizations whose mission is dedicated to housing, such as Habitat for Humanity Macedonia, other civil organizations whose mission is to work with vulnerable categories of population, including civil organizations of Roma (formal and informal), the private sector, with a special emphasis on financial institutions, as well as citizens-members of the Roma community. The significance of this issue imposes a need for coordination of efforts, cooperation and participation of all stakeholders. The key actor in addressing the Roma housing problems is first and foremost the state. Other than the possibility to impact through the national legal framework, the state has the ultimate responsibility in terms of availability, ease of access, provision of funds and assurance of the standard, quality and sustainability of the housing stock. The state can also provide full legal security of tenure housing, associated with relevant social protection (subsidy), design and practical shaping of not-for-profit tenure housing. Local self- government authorities are a direct partner of the state in all those tasks, as they are in a position to share the responsibilities in a direct and hands on fashion, register the needs and propose concrete activities and solutions on their jurisdictions. Such approach in the design of housing policy also requires that the views of the Roma community be taken into consideration when it comes to the proposed measures (identified and elaborated by way of surveys, campaigns), so that measures can be developed in line with the real needs of the population.
NORMATIVE-LEGAL FRAMEWORK RELEVANT TO HOUSING International normative framework
The right to housing is contained in a high number of international documents which bind the signatory parties to undertake activities aimed at improving the living conditions for all their citizens. The act of ratification of those documents by the states constitutes an indicator of the readiness of each state to respect this right and to aspire to make continuous improvements, both for the citizen as an individual but also for his/her family. This right is first and foremost a universal right, which is why it has been underlined and promoted as one of the particularly important human rights. Article 25 of the Universal Declaration of Human Rights (1948) recognizes the right to housing as part of the right to an adequate standard of living by stating that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services,...“
Article 11(1) of the International Convention on Economic, Social and Cultural rights (ICESCR) (1966) also guarantees the right to housing as part of the right to an adequate standard of living, including food, clothing, and housing, and continuous improvement of the living conditions “. State parties are thus bound to undertake adequate steps for the realization of this right, and international cooperation, based on their freely expressed consent, is believed to be crucial. Compared to other international documents, this provision is considered to be the most comprehensive and perhaps the most important in the regulation of this right. This article has been upgraded with
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the General comment no. 4 dated 1991 made by the Committee for economic, social and cultural rights, which states that the right to housing has a pivotal value in terms of exercise of all economic, social and cultural rights. However, the assessment that, notwithstanding the frequent affirmation of the importance of this right, there is still a huge gap in the situation between developed and developing countries is realistic, although such differences also exist within economically developed countries. The comment in particular stresses that this right must be implemented without any forms of discrimination and that the right to housing shall not be interpreted in a narrow or restrictive sense, whereby shelter is interpreted only as ”a roof over one’s head”. Housing should instead be viewed as the right to live safely, in peace and dignity: „housing is expressed in various forms, including rented accommodation in public or private facilities, cooperative housing, emergency dwellings, informal settlements, including the squatting on a territory or a piece of property. Regardless of the type of housing, all persons should have a give degree of safety which guarantees a legal protection against forced removal, mal treatment or other threats “. This approach is a result of two tenets: 1. The right to housing is an integral part of other human rights and the basic principles of the Convention, such as for example, dignity of a person, regardless of revenues and access to economic resources; 2. Housing should not be perceived in a simple sense, but as the right to adequate housing. Thus the Commission for human settlements and the Global Strategy on shelters in 2000 stated that „adequate shelter shall mean... adequate privacy, adequate space, adequate safety, adequate lighting and ventilation, adequate basic infrastructure and adequate location in terms of work and the adequate infrastructure – at a reasonable price “. The Comment elaborates on the understanding of “adequacy” listing the following factors: yy Legal security of ownership rights;
yy Availability of services, materials, facilities and infrastructure;
yy Affordable price commensurate with the purchasing power of the population; yy Convenient housing (protection, physical security);
yy Available housing for marginalized and vulnerable groups of population; yy Optimal location;
yy Cultural congruence.
The European Social Charter, article16 (article 31 of the revised version), also addresses this right, saying that states assume the obligation to undertake the following measures associated with housing: promote access to a given standard of housing; prevent and reduce homelessness with its total elimination as the final goal; ensure that housing prices are affordable for those who do not have sufficient resources.
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The right to „adequate housing“ was the key issue at the International Conference of the United Nations (Habitat II) in Istanbul, in 1996, with a special emphasis on the right. Obligation was assumed to ensure full and progressive realization of this right set forth in this fashion. This document orders the states to develop action plans that will include the obligations of the governments to help their population in the solving of the housing issue. In essence, the states shall take steps to „promote, protect and ensure full and developmental realization of the right to relevant housing “. As a result
of what was agreed, Declaration was passed at the session of the General Assembly of the United Nations (referred to as Istanbul +5).12 This document underlines the commitment of the states to ensure access to adequate housing, which assumes that “anyone has the right to adequate shelter which is healthy, safe and affordable and which includes the basic services, amenities and facilities, as well as the possibility to enjoy protection against discrimination in terms of housing and legal security of the users of dwellings “. This Programme, known as UN-HABITAT, has as its task to promote the right to housing through awareness raising campaigns, formulation of development goals that serve as indicators for the monitoring of development and monitoring systems to follow the situation.
The European documents that deal with the housing policy, starting from the European Human Rights Convention (article 8)13, as well as article 1 of Protocol no. 1 are an integral part.14 Also, the Europoean Union, in article 31 of the Revised European Social Contract, additionally binds the states to ensure effective use of the right to housing through: 1. Promotion of accessibility of adequate standard housing; 2. Prevention and reduction of homelessness with a tendency to gradually eliminate it; 3. The price of housing should be brought in line with the capacities of those who do not have adequate economic resources. Another document that is of particular importance in this area is the European Union Human Rights Charter from 2000, which creates a new approach to the regulation of the right to housing. This is a commitment to “prevent poverty and social exclusion“, since this problem is multidimensional and with repercussions on the health of people and on the other segments of social life. This is why this issue requires that awareness of the general public be raised so as to formulate a comprehensive national policy and a well thought out and coordinated approach of all institutions of the state.
Council of Europe, in the document containing recommendations from May 2004, defines adequate housing with a definition taken over from „Habitat“ agenda.15 In this document the definition is laid out in a much broader sense compared to the aforementioned documents because in article 60, „adequate housing “ doesn’t mean only adequate shelter, but it means more than just roof over one’s head. It also means adequate privacy, adequate space, physical accessibility, adequate safety, structural stability and endurance, adequate lighting, heating and ventilation, adequate infrastructure, such as water supply, sewerage and waste collection, adequate quality of the environment and factors associated with health, as well as adequate and accessible location in relation to the basic services: it was recommended that all of the above elements be available in physical and economic terms. The right to housing is listed in the Convention on elimination of all Forms of racial discrimination (1965), article 5(e)(iii), where it says that racial discrimination shall be eliminated in all of its forms and the right of everyone is guaranteed, irrespective of the race, skin colour, national or ethnic background, as guarantee is also provided of equality before the law of the right to housing amongst the other rights. Article 21 of the Convention on the status of refugees regulates this right in terms of legally regulated stay of refugees in the host country and as favourable treatment of refugees as possible, at the very minimum, as any other alien under the same circumstances. The International Convention on the rights of children, article 27(3), which covers standard of living sets 12 “Declaration in cities and other human settlements in the new millennium”, June 2001. 13 This article regulates the right to respect of privacy and family life, as well as the home. 14 This article regulates the right to peaceful enjoyment of ownership. 15 Draft Recommendation of the Committee of Ministers of the Council of Europe on Improving the Housing Conditions for Roma, Gypsies and Travelers in Europe, Group of Specialists on Roma, Gypsies and Travelers, Strasbourg 14 May 2004.
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out that states –in line with their national circumstances and available means– will the relevant measures to help parents and other persons who are responsible for the child in the implementation of this right, and that, as and when needed, they will provide material assistance and programmes of support, in particular in terms of food, clothing and housing. Article 14(2)(h) of the International Convention on elimination of all forms of discrimination against women (1979), including also discrimination of rural women, regulates the right to adequate living conditions, in particular with respect to housing, sanitation, electrical energy and water supply, transport and communications.
This list of international documents that stress housing also includes the 1976 Vancouver Declaration on human settlements, 1988 Global shelter Strategy, 1992 Agenda 21 (Chapter 7) and 1992 Rio Declaration on Human environment and development o.16
The aforementioned commitments are consistent with the UN Millennium Development Goals, in particular those that deal with the fight against poverty and famine, advocacy for universal education, gender equality, mother and child health, and sustainable environment.
National Legal Framework
Needless to say, the provisions of the aforementioned international legal instruments determine the normative framework for securing and protecting the right to housing in the Republic of Macedonia, which is defined in the constitution as a welfare state17 that looks after its citizens without favouring certain categories of the population.18 At the same time, some of the fundamental values of the constitutional set up in the Republic of Macedonia are „humanism social justice and solidarity“19 and „proper urban and rural planning to promote a congenial human environment, as well as protection and development of the environment and nature“.20 The right to ownership is guaranteed in article 30 paragraph 1, to social security in article 34, while article 35 paragraph 1 states that the State shall ensure social protection and social security of citizens in accordance with the principle of social justice.
The transition processes that started in the 1990’s after the break-up of Yugoslavia induced changes in the area of housing. The transition from a planned economy to the new market - led business opportunities warranted a different system of valuation of residential premises, which is no longer a social, but rather an economic category. The social aspect has thus not been pushed out, but still, the new circumstances of conducting business have imposed a need to align the legislation and the institutional set up in the area of housing. Those processes assume that a new legal and institutional framework be introduced to regulate ownership rights and relations in housing based on the principles of market economy, as well as introduction of economic criteria in the management and upkeep of the housing stock. The legal framework has already gone through major modifications and revisions which clearly illustrate the intention of the Republic of Macedonia to invest efforts into improving the situation in the field of housing. In order that housing needs be met in a more efficient fashion, efforts are being made to reform the system of financing of housing and introduce measures that will stimulate construction of new residential facilities. The regulation in force which has a direct relevance or reference to this area includes:
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16 Which in principle stresses the right to development, which covers equally the development needs and the needs to protect the human environment for living and future generations. 17 Article 1 –paragraph 1 of the Constitution of Republic of Macedonia. 18 Article 1 and 35 the Constitution of Republic of Macedonia. 19 Article 8 paragraph 1 indent 8 20 Article 8 paragraph 1 indent 9.
yy Housing Law;21
yy Law on Ownership and Other Substantive Rights;22
yy Law on Obligation;23
yy Law on Construction;24
yy Law on Land for Construction;25
yy Law on privatization and lease of state owned land;26 yy Law on physical and urban planning;27
yy Law on Treatment of illegal building facility;28
yy Law on Denationalization;29 yy Law on Expropriation;30
yy Local Self- Governance Law;31
yy Law on borrowing by the Republic of Macedonia or the Council of Europe Development Bank, on the basis of the Framework Agreement on Partial Financing of the Project for Housing of Socially Vulnerable Groups;32 yy Law on Home Loan Subsidy;33 yy Law on Municipal Hygiene;
yy Law on Balanced Regional Development;
yy Decree on Capital Donations to Local Self Government Units; yy Rulebook on standards and norms of urban planning;34
yy Rulebook on standards and norms of building design;35
yy Annual Programme of Financing of Urban Plans, Annual Decisions on Distribution of Water Supply and Sewerage Systems, Highways Programme, Annual Budget 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
Official Gazette of Republic of Macedonia no. 99/2009, 57/2010, 36/2011 and 54/2011. Official Gazette of Republic of Macedonia no. 18/2001, 92/2008, 139/2009 and 35/2010. Official Gazette of Republic of Macedonia no. 18/2001, 4/2002, 5/2003, 84/2008, 81/2009 and 161/2009. Official Gazette of Republic of Macedonia no. 130/2009, 124/2010, 18/2011, 36/2011 and 54/2011. Official Gazette of Republic of Macedonia no. 17/2011 and 53/2011. Official Gazette of Republic of Macedonia no. 4/2005, 13/2007, 165/2008, 146/2009, 18/2011 and 51/2011. Official Gazette of Republic of Macedonia no. 51/2005 and final version 60/2011. Official Gazette of Republic of Macedonia no. 23/2011 and 54/2011. Official Gazette of Republic of Macedonia no. 20/1998, 31/2000, 42/2003, 44/2007, 72/2010 and 171/2010. Official Gazette of Republic of Macedonia no. 33/1995, 20/1998, 40/1999, 31/2003, 46/2005, 10/2008, 106/2008 and 156/2010. Official Gazette of Republic of Macedonia no. 5/2002. Official Gazette of Republic of Macedonia no. 133/2009. Official Gazette of Republic of Macedonia no. 158/2011. Official Gazette of Republic of Macedonia no. 142/2010. Official Gazette of Republic of Macedonia no. 69/99, as amended in 2000.
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The Law on Treatment of Illegal building facilities36 regulates the possibility to legalize illegal building facilities. This law was passed so that ownership rights can be obtained over numerous illegal building facilities. In addition to regulating the methods, the conditions and the procedure, this law also regulates the definition of the legal status and sanctions against illegal building facilities. In essence, definition of the legal status of an illegal building facility assumes registration of that building into a public book where the rights over non-movables are entered, and then the way in which such building fits into the urban planning documentation in a manner and procedure laid down in the law. Upon the execution of the procedure, local self-government units, i.e. the authority responsible for the performance of matters in the area of spatial planning ascertain whether the illegal building facility meets the requirements to fit into the urban planning documentation and then issue consent to that effect, or issue a decision to reject the application (article 11). The law specifies the conditions for the issuance of consent of compliance of illegal building facilities (articles 12–15). The standards of congruence of illegal building facilities with the urban planning documentation are set by the relevant line minister. Under the Rulebook for standards and norms, the amount of charge payable to approve the legal status of buildings indented to serve for housing purposes as residential buildings is MKD 61 (commonly referred to as “one euro“) per square meter of constructed space, as set in the geodetic study on ascertainment of the factual situation of an illegal building facility (article 20 paragraph 2). In cases when illegal building facilities are on land which is owned by the Republic of Macedonia, application for purchase of land of construction should be filed with the body of state administration responsible for the performance of matters in the area of spatial planning.
The Law on housing37, regulates, inter alia, not-for-profit housing,38 and it lists categories of persons that are entitled to such housing, above all, persons exposed to social risks (low income families, young persons who stand out in certain fields, young couples, single parents, retired persons over the age of 60 who do not own a dwelling). The law also specifies that a not-for-profit apartment is a residential unit which meets the standards of minimum adequate housing for the above mentioned categories of persons. The law also provides for different types of tenure39, amongst which is not-for-profit tenure that is in the amount sufficient to cover the costs of running the building, as well as temporary lease which is a temporary solution of housing needs (in cases of construction, reconstruction or rehabilitation of a residential building to such degree that it does not meet the minimum housing requirements as a consequence of fire, flood or other disaster, in the event of expropriation or in other cases set out in the law). Article 8 of the law defines minimum housing with the minimum spatial requirements and the level of municipal infrastructure in the apartment (power and water supply, waste water disposal), road connection with the settlement (the city) and legal security of possession or use of the apartment. Adequate housing includes, in addition to the elements of minimum housing, adequate privacy and space, physical accessibility, heating and ventilation, lighting adequate infrastructure (water supply and disposal and waste collection), safety, structural stability, quality of the environment and factors associate with health and accessibility in terms of workplace and basic services. The standards that define minimum and adequate housing are defined by the Government of the Republic of Macedonia at a proposal made by the relevant minister in charge.
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36 37 38 39
Official Gazette of Republic of Macedonia no. 23/2011 и 54/2011. Official Gazette of Republic of Macedonia no. 99/2009 Articles 91–95 of the Law. Article 65 paragraphs 1, items 1 and 4.
Chapter VIII regulates subsidies of lease40, and it specifies that the right to lease subsidy may be enjoyed by a lessee of a not-for-profit apartment or unit for accommodation for the purposes of temporary solution of housing needs of persons at a social risk in lice with the regulation for social protection. Social care centers make a decision about the application for lease subsidy and the level of subsidy. This right is enjoyed for a period of one year, with a possibility for extension of approval in the event that circumstances have changed on the basis of which the subsidized lease was approved.
Under the Law, entities that have rights, responsibilities and competencies in the area of housing in the Republic of Macedonia are the Government41, local authorities42 and the Regulatory commission for housing.43 The Government, amongst other competencies, defines and implements the housing development policy, adopts the national strategy and the annual programme for construction and maintenance of residential premises owned by the Republic of Macedonia and provides the funds for implementation; monitors the establishment of leasehold relations according to the type of housing and a regional and national level by way of administration of a register; issues measures and instruments to stimulate construction of residential premises; provides incentives to citizens engaged in construction of residential premises through loans with favourable interest rates and fiscal measures for construction and renovation of residential apartment blocks. The Government also has an annual programme for construction and maintenance of residential premises under its ownership, at a proposal made by the relevant minister in charge. The Programme defines, amongst other things, the construction of apartments for individuals at social risk and for other vulnerable groups, improvement of housing conditions in the existing housing facilities; the level of lease and the policy of conclusion of lease agreements for residential and commercial premises; organization and construction of residential and commercial premises where the investor is the Republic of Macedonia.
Local self-government units also, within the boundaries of their powers and under the law and the national strategy for housing, monitor and plan the needs for housing on their respective jurisdictions on the basis of an annual programme and take measures and activities to ensure the execution of the strategy. They provide for the execution of their annual programmes: adequate municipal infrastructure, funds and resources for construction and rental of apartments with not-for-profit and subsidized apartments intended for temporary solution of the housing needs of persons at a social risk with area space not larger than 45 square meters, without the possibility of purchase of the housing unit; different forms of leased housing; funds to stimulate construction of housing by the citizens. In order to provide own or leased housing, local authorities may use funds for a high number of sources, including the funds earmarked for regional development and development of rural regions, donations and other forms of assistance as well as EU funds and other foreign funds. Municipalities may establish a housing fund with the aim to: stimulate development and construction of housing infrastructure; manage housing, residential facilities and planning of land for construction; renovation and maintenance; provision of favourable loans for construction, sale and renovation of residential apartment blocks, as well as implementation of the municipal housing programme. The regulatory commission for housing is tasked to ensure long term, standardized and harmonized development of housing in line with the contemporary standards of quality life; protection of the environment and nature; development and protection of a
40 41 42 43
Article 98 paragraph 1. Article 99 of the law. Article 100 of the law. Chapter XI Articles 104–111.
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competitive market of dwellings on the basis of transparency and non-discrimination in accordance with the policy defined in the Housing strategy. Within their competencies, amongst other things, the Commission, when looking for a lessee of a not-for-profit apartment, may check the level of the lease; carries out categorization of apartments; acts as a mediator in resolution of disputes that may arise between lessors and lessees, managers and other entities in the field of housing; proposes related measures and other.
The Law on Home Loan Subsidy regulates the conditions, the method and the procedure of subsidizing a home loan for the benefit of a natural persons approved by the commercial banks for the purposes of purchase of a flat or construction of a house in order to solve the housing problem. The funds required for the implementation of this law are secured from the Budget for the Republic of Macedonia. Home loan subsidy is approved for loans up to EUR 50.000 and repayment term of not less than 20 years, where the amount and the conditions for subsidy are regulated in details by the Ministry of Finance.
The Law on social housing is before the Parliament. It is expected that, under this law, the possibilities for social housing for at risk citizens will be significantly improved. The aim is to attain a long term, standardized and harmonized housing development for citizens who are at a social risk and have not found a solution for their housing needs in line with the contemporary standards of realization of the right to social housing, with social cohesion as the ultimate goal. With the financial resources available for the implementation of this law a system of implementation of the solutions will be put in place, a system to ensure availability of social housing through provision of apartments, leased apartments with not-for-profit lease as well as the possibility for lease subsidy and other alternatives. The amount of funds for this purpose will depend on the level of not-for-profit lease and the number of families and persons that will exercise this right to social housing on the basis of this Law, on the basis of the Annual Social Housing Programme of the Government and the annual programmes of local self-government units. It is expected that this law will define in more specific terms the objectives of the programmes of local self-government units and the Government, the sources of funding for social housing, categories of persons eligible to enjoy this right, method of registration, conditions in accordance with which this right becomes exercisable, as well as the actual procedure. In accordance with the above, the Law should regulate not-for-profit lease relationships and the method of subsidizing notfor-profit lease.
Policies and measures
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Experiences in the creation of national housing policies display an enormous diversity of the choice of approaches, activities and solutions, bearing above all in mind the societal characteristics and problems. If the goal of this policies is the ensure availability of the housing stock for the poorer segments of population, market principles of supply and demand are not appropriate.Therefore a system is needed of comprehensive policies and measures on the basis of which the state will be in a position to intervene by changing the conditions in the existing housing market. Although the problem with housing will never be fully solved, by mitigating the impact of the problem, chances increase that it may be managed successfully and relevant solutions may be found. Chosen policies and measures ought to be prioritized by urgency and likelihood of realization, taking into consideration their comprehensiveness, interdependence with other previously undertaken steps and financial resources.
The issue of housing for the Roma people should not be viewed in isolation, but as a part of the national housing policy. Any solution in such a complex situation is not an easy task and warrants a complex approach, both in terms of identification of key problems but also in terms of defining the exit solutions. In light of the major undertakings which are needed in the urban sphere, it is evident that the Republic of Macedonia does not have the financial and economic autonomy to realize the aforementioned priorities. Therefore, planning of financial resources should take into consideration the available international programmes and financial instruments dedicated to this area, but also, any likely participants and donors who may express an interest.
Under the already explained international legal framework, categories „adequate“ and „minimum“ housing should be regulated in the national legal framework in line with the specific economic and social context. „Adequate “ housing should mean housing in line with the norms which the society finds acceptable, in other words, housing standards acceptable to the community which, therefore, is defined as a common goal that needs to be realized in the future (area space, how well equipped the housing space is, but also, systemic and legal assurance of the use of dwellings). The „minimum“ housing category on the other hand defines the lowest acceptable standard of housing which the state tolerates in order to meet the basic needs of the users. In this sense, Republic of Macedonia has already made the initial steps.
For the purposes of solving the housing problems of Roma, a sharp distinction should be made in the sphere of social housing between the categories of “vulnerable groups” and the other citizens,44 and minimum standards of construction of social housing should be defined.45 On the basis of such categorization the needs of those groups may be planned and relevant actions may be taken. At a global level, the category „vulnerable group“ includes homeless persons, children without parental care up to the age of 18, single mothers (parents), persons with special needs, long term unemployed, and extremely poor persons, and in some cases several members of a given ethnic community who frequently or occasionally fall into one of the above categories, as is the case with the members of the Roma Community in the Republic of Macedonia. The list of priority policies and measures that gradually acquire their legal form includes:
yy Modeling of a social (not-for-profit) method of tenure housing, as well as provision of legal security for the users; yy Inclusion and construction of standardizes social housing units that will be leased, at the same time stimulation of investments in the existing housing capacity as part of the overall stimulus package for construction of residential facilities;
yy Development of institutional infrastructure aimed at a balanced geographical development of construction of residential premises; yy Establishment of not-for-profit and low profit housing associations (cooperatives)
44 Something similar to the way in which the Law on housing specifies the users of not-for-profit housing. 45 In this sense it is necessary to define the grading of standards by category from I to IV. Thus category I would be the basic shelter for homeless persons, in other words, people who cannot meet their basic need for housing (roof over their head); II category would be similar to the first one, with some additional elements of shared housing; III category would cover individual facilities or apartments with minimum standards and category IV would be apartments for persons with low income (that would as a standard have painted walls, flooring, sanitary node, be equipped in technical terms).
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that will continuously reinvest funds into new apartments;
yy Lease subsidy with precise and clear criteria;
yy Clear definition and provision of residential premises for vulnerable groups (other than refugees and displaced persons, this category should also include other social groups in accordance with the Law on Social protection that clearly defines the users of social assistance who need housing, such as for example parentless children up to 18 years of age, individuals with special needs, homeless persons); yy Provision of favourable lending criteria for younger categories of population who set up families or/and are first time home buyers;
yy Provision of land for construction46 under concession, lease or permanent use and provision of “arranged space” in urban plans with relevant infrastructure; yy Urban planning by the state and the local authorities to include future settlements intended for social housing so that ghettos can be avoided;47
yy Urban planning of infrastructure projects in settlements with numerous population of poor people;
yy Legalization (where possible and in accordance with the law) of settlements which fall outside the scope of the master plan (MP) and the detailed urban plans (DUP), so that they would be fully urbanized; yy Removal of settlements that are not convenient to live in, as enduring favourable solutions for the displaced persons;48
yy Provision of housing adequate to cultural norms and needs and with full observance of the principles of non-discrimination and non-segregation; yy Instituting consultative mechanisms for decision making that will involve the concerned communities.
The primary responsibility of the state is to monitor, through regular and periodical report, the implementation of the programmes and measures aimed at improving the living conditions, in particular of the poorer categories of citizens. The direct implementation of concrete activities and the preparation of reports about the achievements to a given date are a responsibility of the local self-government units, since such priorities will be taken care of in conditions of decentralized local government. To that end is also the OSCE recommendation about introduction of mechanisms and institutional procedures for clarification of ownership issues in cases of ambiguous legal status of settlements and dwellings so that their status may be finally resolved and regulated.
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46 That has a high market price and is therefore unaffordable for the poorer segments of population. 47 In urban planning, the criteria for the choice of location for this type of housing should be: the number of personspotential users and presence of secondary infrastructure on that location (water supply, power and sewerage networks), proximity of a relevant state service and public transportation. They should be located in areas that have preconditions in place and are consistent with the solutions provided in the law. It is the task of the state and the local authorities to provide locations for this purpose from the land under their ownership and also to prepare in advance a unified database and statistics. These locations should be accessible and be in such state that they can be easily integrated with the other settlements in the form of satellite towns. 48 Where removal is necessary, it should be mitigated with other measures of assistance (provision of legal guarantees of protection of rights, choice of other alternative accommodation).
In the implementation of the planned activities it is necessary to undertake additional activities that will involve various actors, amongst which will be civil organizations:
yy free legal aid in the process of legalization of illegal building facilities or other issues associated with housing;
yy provision of access to information on lending to poor categories of population, as well as other information about housing through the existing or through newly established information centers; yy ensuring transparency and inclusion, as well as control mechanisms for the entire process; yy organizing information campaigns about the adopted regulation and activities associated with this process
yy monitoring of the implementation of the housing policy, in particular of the allocation of resources, output and success of the programme so that the desired objectives can be achieved.
Monitoring of the performance of housing: a methodological approach and definition of relevant indicators
For the purposes of monitoring the projects and activities in the area of housing (as well as in all other activities the goal of which is to induce changes in society), an important role is attached to the application of social indicators, which entail a description of the relationship between the stakeholders.
“Social indicators offer statistical data which allow for a concise, comprehensive and balanced monitoring of the situation in the most significant spheres of society. They are a direct measure of the wellfare, and their interpretation follows the line of interpretation which says that »if one phenomenon changes in the »right« direction, and all the others remain unchaged, the change is for the better”.49 The primary function of social indicators is to measure both the level as well as the distribution of goods in a society, while societal development is only one of the dimensions of the comprehensive process of modernization.
In other words indicators measure the performance of organizations or institutions which act in a given area of interest. Contemporaneous action means that organizations, companies and the state are guided by the needs of the population, which is why those needs have to be identified and measured. Monitoring of the performance of actors, in addition to allowing for the monitoring of societal changes, also stimulates the sense of accountability and transparency in the application of measures, policies and activities, thus in turn stimulating the citizens to harbor a sense of responsibility. This is an additional reason for the application of social indicators in the monitoring of the progress in a specific area, community or society. In addition, it should be taken into consideration that not always is it possible to operationalize certain phenomena by statistically measureable categories, nor is it possible to standardize them in a generally accepted template. Nevertheless, the 49 Olson, Mancur, 1969. Toward a Social Report. U.S. Department of Health, Education and Welfare. Washington: U.S. Government Printing Office. pp: 97.
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different values obtained through indicators serve as a direction in the description of certain phenomena that may then lead to major changes in society. On the other hand, social indicators may be viewed as an addition to the ”hard“ indicators of change and to the one sided measure of “success “ (monitoring of own status and “Internal“ performance by given entities). In conclusion, social indicators allow for the monitoring of the effect and impact of a given category in the community over a given time interval, or measuring of the contribution of certain actors and/or activities on the welfare of the community. There are several internationally accepted indicators used in the monitoring of the performance in the fight against poverty and in societal development:
yy Group of indicators for monitoring of progress in the accomplishment of the Millennium Development Goals developed by OECD/United Nations/World Bank; yy Group of indicators from the Common Country Assessment, (CCA) of the United Nations (United Nations Development Assistance Framework, UNDAF); yy United Nations indicators (CCA Task force) for monitoring of the Basic Social Services for All, (BSSA); yy Minimal National Social Data Set, (MNSDS) of the United Nations.
yy In addition, the three international organizations – United Nations, the World Bank and OECD– have developed several basic indicators for the purposes of monitoring of societal development50: yy Indicator for determining the poverty level;51
yy Indicators for degree of education;52 yy Indicators for gender equality;53 yy Health Indicators;54
yy Additional data which are considered to be indicative: adult literacy, life expectancy, birth rate and mortality of population, strengthening of the position of women, children welfare, healthy nutrition, employment, housing, drug control, crime prevention, average length of education, access to primary health care. The above indicators are considered to be applicable internationally, although the 50 Gupta, Sanjeev, Dicks-Mireaux, Louis, Khemani, Ritha S., McDonald, Calvin A., Verhoeven, Marijn. Social Issues in IMFSupported Programs. Occasional Paper No. 191. January, 2000. 51 Which segment of population lives on less than 1 dollar per day;what is the “poverty gap“; the size of the segment of population that lives on less than 2 dollars per day; what is the prevalence of children up to 5 who have insufficient
body weight; what is the share of the 20% of the poorest in national consumption level. 52 Primary school enrollment rate, fourth grade completion rate, primary school completion rate, literacy rate for
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persons at the age 15 to 24 53 Boys-girls ratio in all levels of education; women’s literacy rate at the age of 15 to 24. 54 New born mortality; mortality rate of children under 5 years of age; delivery in hospitals rate; contraception in use; HIV prevalence of cases between 15-25 years of age.
situation in the Republic of Macedonia differs significantly from that in other societies. For those reasons, data for Macedonia, other than in terms of the general global trends, should be compared with countries with a similar socio-economic development and/ or with EU member countries from the Region.
A group of indicators used to monitor social inclusion, together with the indicator that measures the situation in housing are Laeken indicators that are used by the European Union (to monitor Social Protection; Social Inclusion Strategy) and by UNDP (to monitor progress in the accomplishment of Millennium Development Goals). This group of primary and secondary indicators are used to monitor progress in the fight against poverty and social exclusion.55
In line with the principles which are monitored in the above internationally accepted social indicators, the study proposes a list of variables that may be a part of the indicators used to monitor the performance of the projects and/or activities in the area of housing. 1. Relevance and quality of the proposed activity yy enduring financial sustainability;
yy outreach to the target groups (community);
yy inclusion of the most marginalized segments of the target groups; yy degree of cooperation with the target group; yy positive effect;
yy trust and cooperation with the institutions of the system; yy degree of accommodation of the target group needs;
yy social responsibility in relation to the parties concerned; yy further development of social and human capital; yy development and strengthening of social ties; yy development of new skills and knowledge; yy increased/decreased vulnerability; yy satisfaction of basic needs in life.
2. Geographic and socio-economic focus of the activity yy inclusion of environments at a lower level of development;
yy inclusion of rural environments at a lower level of development;
yy inclusion of different types of settlements at a lower level of development.
55  By measuring income, access to basic food products, education, health care, adequate housing and proximity to the labour market. Source: Guio, Anne-Catherine. The Laeken Indicators: Some Results and Methodological Issues in Acceding and Candidate Countries. Aligning the European Union Social Inclusion Process and the Millennium Development Goals. April 26-27, 2004, Vilnius, Lithuania.
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3. Social responsibility of the key process driver yy adequate engagement of human resources;
yy social responsibility in relation to the users;
yy respect of local culture and culture in the community; yy self-assessment mechanisms.
In methodological terms, in order to monitor performance of projects and/or activities in the area of housing, quantitative and qualitative indicators should be used that complement each other and from which data are obtained by application of various methodological instruments: survey, focus groups, case studies, statistical data, in depth interviews with persons holding responsible positions in state and local institutions, organizations and civil organizations. What is important in terms of validity of results from the monitoring is that the stakeholders should be involved in the process of definition of indicators, following of indicators, as well as in the discussions about the results. Quantitative measuring requires that precise information is obtained about: yy absolute and relative population and demographic characteristics; yy absolute poverty levels; yy relative poverty level;
yy substandard and poor housing; yy relative level of education;
yy relative level of employment; yy relative level of health care;
yy relative level of infrastructure development;
yy relations between poverty, socio economic variables and home loans. Qualitative measuring should, amongst other things, cover:
yy current situation in settlements and identification of problems which render realization of rights and equal opportunities difficult; yy determination of social factors which bring about poor housing and social exclusion; yy external conditions and factors of influence; yy degree of provision of information; 24
yy degree of social cohesion and changes.
Two additional indices may be of use in the monitoring of performance in the area of housing. They are called Participatory Wealth Ranking and Cashpor Housing Index. The first is about ranking by community members of relative poverty or wealth of households by personal criteria and perceptions. The analysis of this index in regular time intervals allows for a timely detection and monitoring of any possible changes. The second index, through the structure and composition of households, draws a difference between various economic opportunities of households, identifying the poor ones in the process. The results are very indicative since housing is the most important possession households have in which, people invest significantly. The size of the house, its structure, room number, availability of water and potable water are indicators of the economic might of households. Successful analysis and interpretation of social indicators provides the basis for designing a socially responsible approach and for policy creation (housing policy), quality design of implementation structures and ultimately leads to a higher degree of social inclusion.
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16. Kostov Zoran, Notio, characterization , classification and indicators of social exclusion in housing in Macedonia, Social Policy Review, “Friedrich Ebert” Foundation , 2010;
17. Memeti Elvis, Situation and challenges in housing for the population of Roma in Macedonia, Social Policy Review, “Friedrich Ebert” Foundation , 2010;
18. Olson, Mancur, 1969. Toward a Social Report. U.S. Department of Health, Education, and Welfare. Washington: U.S. Government Printing Office. pp: 97;
19. Revision of NAP from the Decade for Roma Inclusion2005–2015 and the Strategy for Roma in Republic of Macedonia, MLSP for the period 2009–2011;
20. Social Policy Review, Friedrich Ebert Foundation, year. 3, no. 6, page. 511–590, 2010; 21. Ross Doris, Harmsen T. Richard, Official Financing for Developing Countries, International Monetary Fund, Policy Development and Review Development, 2001;
22. Shared Funds for a Shared Vision, Roma Housing Fund, Habitat for Humanity Macedonia; 23. Zeller Manfred, Lapenu Cecile, Greeley Martin, „Social Performance Indicators Initiative (SPI)“ – final report, October 2003, Argidius Foundation and Consultative Group to Assist the Poorest (CGAP); 24. UNDP Report on vulnerable groups in Republic of Macedonia with a focus on Roma,.
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Appendix 1. Report for the Department for implementation of the Decade for Roma, Ministry of Labour and Social Policy of RM (Mabera Kamber and Elvis Mehmeti) Situation and challenges in housing for Roma Population in Macedonia: Experiences from the implementation of the NAP from the Decade for Roma Inclusion with a special emphasis on housing Introduction In the beginning of the seventh year since the start of the Decade for Roma Inclusion 2005–2015, the expectations of the Roma community are high (a significant percentage of Roma people have heard about the Decade for Roma, although a comparatively low number are familiar with the essence of the process), against realistic expectations which are growing along with the ever more serious problems in everyday life– with a special emphasis of housing and infrastructure in settlements in which Roma community lives. Civil organizations, as well as the structures that work on this initiative ever so often ask the following questions: what has been done over the past 7 years, does housing still remain the most sizable link in the solution to the problems faced by the Roma community, will the setting aside of funds from the national budget for implementation of National Action Plans (NAP) provide the impetus to the realization and will there be any effects for the Roma community? These are relevant questions that merit our attention.
The text further gives an address and an overview of information pertinent to the implementation of activities in priority NAP areas with a special emphasis on Roma population housing.
Initiative Decade of Roma inclusion 2005–2015 Brief background and institutional set up
Encouraged by the World Bank and Open Society Institute initiatives in 2003-2004 the Government of Republic of Macedonia undertook to take part in the Decade of Roma inclusion 2005–2015. At the same time, as a result of the country’s aspirations to join the European Union, work was simultaneously invested into the development of the National Strategy for Roma and National Action Plans (NAP). Thus preparatory aspects were put in place so that the implementation of the process would begin.
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As of February 2012, the Decade for Roma Inclusion entered the final years of its implementation. Systemic policies conducive to enable implementation of activities envisaged in the Decade were set up through the processes of preparation of NAP, local action plans, realization of short span projects and coordination.
From the very beginnings, the Republic of Macedonia, as a country which was the first to adopt National Action and Operation Plans under the Decade, as well as the Strategy for Roma in the Republic of Macedonia which was passed by the Assembly, compared to the other countries, was the leader in the process. The adoption of the two key documents provided the good basis for the start of the process. The priorities, including housing as a primary target for intervention, were put down on paper.
The line ministries with powers to act in the priority areas are responsible for the implementation of NAP. National action plans were revised for the period 2009–2011, which was consistent with the political will to engage in activities to improve the position of Roma. Under the revised NAP, primary accent was put on the structure in charge of the implementation of the Decade: line ministries in charge of education, housing, employment and health, the minister without portfolio - national coordinator of the Decade of Roma, Ministry of labour and social policy– Department for implementation of the strategy and the Decade for Roma and the National Coordinating Body made up of representatives from relevant ministries and NGO representatives. The structures in charge of the implementation of the Strategy and the Decade for Roma are: Office of the minister without portfolio – national coordinator for the Decade
Ministry of Labour and social policy is the coordinator of activities between the line ministries involved in the implementation of the Strategy and the Decade for Roma. Under the rulebook of systematization of positions in the Ministry of Labour and Social Policy, in the Department for coordination and technical assistance of the minister is also the Department for implementation of the Strategy and the Decade for Roma. According to the systematization and the structure of the Department for Implementation of the Strategy and the Decade for Roma, 5 positions are envisaged of which at present only 2 have been filled.
Several below explained activities are being implemented by the Ministry of Labour and social policy which include the project Roma Information Center (RIC). Some of RIC are located in the Local Self Government Units (LSGU), some in associations, so that they would provide support and share information about the rights and obligations in priority areas, as well as establish communication links between institutions and citizens at a local level. National coordination body– made up of representatives from line ministries who are tasked within the remit of their respective ministries to coordinate activities in the process of implementation of the Decade and the Strategy for Roma.
Line Ministries of Labour and Social Policy (MLSP), Education and Science (MES), Transport and Communication (MTC) and Health (MoH) are responsible for the implementation of NAP in the areas of employment, education, health and housing. Establishment of working groups in the respective ministries that will be tasked to implement the Decade for Roma Inclusion has proven to be a very good practice. All line ministries prepare information about the implemented NAP activities pertinent to the Decade for Roma on a quarterly basis. The information is forwarded to the Government of Republic of Macedonia and the national coordinator of the Decade – the minister without portfolio. In some LSGU a positive example to be highlighted is the functioning of local
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coordination groups made up of representatives of local institutions and the civil sector. In most LSGU where there are RICs, memoranda of understanding have been signed with the local institutions and local authorities.
All line ministries that are responsible for implementation of activities under NAP have earmarked funds in their budgets that are executed through a special programme for implementation of the Strategy and the Decade of Roma.
NAP implementation Overview of housing
Housing is together with education, employment and health care one of the four priority areas covered by NAP, but also one of the major challenges faced by the Roma community. This is confirmed both in the reports produced by the line ministries as well as in the reports provided by many international institutions. Some of the more important reports are quarterly reports and information provided by the line ministries on the pace of implementation of regular activities (report by the Ministry of Transport and Communications of RM). According to the statistical data and 2002 census data, majority of Roma people with officially registered dwellings (about 45%) live in only 10 municipalities: Bitola, Vinica, Gostivar, Debar, Kumanovo, Кichevo, Prilep, Tetovo и Shtip. In terms of regional distribution of population, it is important to stress that almost as many live on the territory of the city of (43,06%), and as many as one half of them in the municipality of Shuto Orizari.
In line with the action plans on housing, the Government of RM undertook to improve the standard of living of the Roma population with several measures – from legalization of illegal building facilities (as one of the more significant activities from which we can freely say that the population of Roma has major expectations), inclusion in social programmes for provision of dwellings (social apartments), through to allocation of state owned land for newly constructed houses that will have a status of being legal.
According to the reports on activities implemented under the Decade for Roma Inclusion and the Strategy for Roma in RM, the data explained below have been obtained. According to the data provided by the Ministry of Transport and communications, concerning the activities of implementation of housing NAP, the Ministry of transport and communications, in cooperation with the local authorities, in settlements populated mainly by Roma people, the following has been done for the period:
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Infrastructure projects
Fecal and surface sewerage, reconstruction of sewerage network,
Laying down of water supply systems, reconstruction of water supply network, street reconstruction Underground installations and laying of asphalt
Year 2008
2009
Prilep, Sv. Nikole
Shuto Orizari
Shuto Orizari
Construction of support walls
2010 Prilep, Shtip, Karposh, Кichevo, Topaana, Gazi Baba, Kumanovo Shtip, Bitola, Delchevo, Veles, Vinica Bitola, Kochani, Vinica Kochani
With the funds from the budget of Republic of Macedonia for 2010, municipal infrastructure projects in total amount of MKD were carried out in 13, in settlements primarily populated with Roma people. 11 municipalities drew the funds.
The budget of Republic of Macedonia for 2011 („Official Gazette of Republic of Macedonia“ no161/2010) provided funds in the amount of MKD 10.986.000,00 earmarked for realization of projects consistent with the Decade for Roma in the Republic of Macedonia and the Housing action plan. Municipal infrastructure projects were realized in the following municipalities: Bitola, Chair, Shtip, Gazi Baba, Kochani, Кichevo, Prilep, Delchevo and Gjorche Petrov. The above shows that in terms of NAP, a lot of efforts and funds have been invested into improving the infrastructure in Roma populated settlements.
Housing projects for socially vulnerable groups
On the basis of the announcement published in 2009 for distribution of apartments built under the Project Housing for socially vulnerable groups, in the city of Skopje, more specifically, in Gjorche Petrov quarter, 19 of the 102 constructed apartments in two buildings were allocated to Roma families who moved into the apartments, while in Makedonska Kamenica 29 apartments, although members of the Roma community never showed up to claim. On the basis of the announcement published in 2010 for distribution of apartments built under the Project Housing for socially vulnerable groups, in cities with finished buildings– in Ohrid – 71 apartments, Кichevo 32 apartments, Kavadarci - 30 apartments, Kochani 29 apartments and 46 apartments in Kriva Palanka– were allocated and in 2011 inhabited by members of the Roma community: In Ohrid 10 families,in Кichevo 4 families, in Kavadarci 9 families and in Kochani 7 families. In the 2011 distribution, 61 social apartments out of the 339 constructed in 8 buildings, were allocated to Roma families under the Project Housing of socially vulnerable groups.
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In 2010, 3 flats were allocated to Roma families under the project from construction of new apartments that will be leased to persons with low income, while of the two buildings with a total of 48 apartments, 4 have been allocated to Roma families. In accordance with the Government Decision, 10% of the envisaged social apartments shall be allocated to members of the Roma community. Social apartments allocated to Roma families
Year
2008
2009
2010
Skopje– Gjorche Petrov
/
19 apartments
/
Kavadarci
/
/
Kochani Кichevo Ohrid
TOTAL
/
/
/
/
/
7 apartments
/
4 apartments
/
19 apartments
9 apartments
10 apartments
30 apartments
Taking into consideration that it is precisely the Roma housing problems that manifest themselves most acutely in a context of local circumstances and conditions, it is understandable that the success of the National Strategy predicated upon primarily by its practical realization at a local level. As a result, in some municipalities where the majority of the Roma population is concentrated, initiatives have emerged, with inclusion of Roma associations, for adoption of Local Action Plans so that activities can be transferred from central local level. Through the Project IPA component – 2008, that started on January 17, 2011, experts were commissioned that will, in cooperation with MLSP, carry out an analysis and identify the needs for training and preparation of Local action plans. According to the data available to MLSP, Local action plans (LAP for housing are available in:
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No
Municipality
Status
1
Delchevo
Revision-underway
2
3
4
5
6
7
8
9
10
11
Shtip
Kochani
Shuto Orizari
Rankovce
Probishtip
Vinica
Kriva Palanka
Bitola
Berovo
Sveti Nikole
Revision-underway
Revision of LAP
Revision of LAP
Need for a new LAP
Housing LAP in place
LAP in place
Need for a new LAP
LAP preparation under way
LAP preparation under way
There is interest for preparation of a new LAP
Housing is often linked with social exclusion of the Roma community. Along those lines, some of the measures and activities undertaken are also activities of MLSP: the programme Cash Conditional Transfer,( CCT) and the programme of subsidies of electrical power consumption, under which costs will be subsidized for power, wood, coal, household oil and central heating. According to the data obtained from field work of Roma associations and RIC,some of the Roma families are failing in their efforts to submit the required documentation: the last paid electricity bill or legally regulated ownership of homes, stay in leased dwellings without regulated relationship with owners. These are only some of the reasons which make it difficult, even impossible for some of the members of Roma community to be users of subsidies.
As to the needs for a better communication between the Roma community and the institutions of the system, administrative and logistical support for certain documents (identified in the NAP as housing problems) – the Ministry of Labour and Social Policy, through the Roma information centers (a partner project of MLSP and civil organizations, which is implemented in several municipalities: Tetovo, Gostivar, Prilep, Bitola, Kumanovo, Shtip, Delchevo, Kochani and Skopje), contributes to the quality of information of the Roma community about certain administrative procedures and the required documents for the exercise of certain rights. In this way, most of the announcements and activities in a given area are made available to the Roma community. An important activity of the MLSP in this area is the Action for registration of individuals in Register of births as one of the measures to leave the vicious cycle of poverty linked with the exercise of rights and performance of obligations in all areas.
After the passage of the law on the treatment of illegal building facilities, it is expected that the unlicensed and/or unregistered dwellings may be registered and become part of the Master Plan and the Detailed Urban Plan. Roma Information Centers were
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included in the provision of information to the population and in the logistical support in the filing of applications for legalization. Budget for implementation of the Decade and the Roma Strategy in RM 1
Government of Republic of Macedonia Basic budgetary Expenditure
2.
3.
4.
Ministry of Labour and Social Policy
MKD 1.800.000
Ministry of Education
MKD 11.185.000
Project of support of secondary education
MKD 6.720.000
Ministry of Culture MKD 500.000.
5. Ministry of Health 6.
Ministry of Transport and Communication Total
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MKD 204.
MKD 10.000.000
MKD 30.409.000
Expenditure for self financed
f-
Expenditure from loans
Expenditure from donations
Total expenditure MKD 1.800.000.
MKD 5.092.000
MKD 16.277.000
MKD 10.489.000
MKD 17.209.000
MKD 500.000 MKD 204.000 MKD 15.581.000
MKD 10.000.000
MKD 45.990.000
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Published by: Habitat for Humanity Macedonia St: Nikola Parapunov BB, Makoteks I floor 1000 Skopje, Macedonia www.habitat.org.mk On behalf of the publisher: Zoran Kostov Executive Director
Project: Promoting Housing Rights for the Roma Project is financed by European Union through the Instrument for Human Rights and Democracy (EIDHR) Author: Natasha Gaber-Damjanovska Lectured by: Violeta Tancheva Zlateva
Graphic design and printing: Arcuss Design Skopje, February 2012 Copies: 150
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CIP - Каталогизација во публикација Национална и универзитетска библиотека “Св. Климент Охридски”, Скопје 365.4(=214.58:497.7)(047.31) GABER-Damjanovska, Natasha Housing poverty : study : focus on Roma in the Republic of Macedonia / [author Natasha Gaber-Damjanovska]. - Skopje : Habitat-Macedonia, 2012. - 36 стр. : табели, граф. прикази ; 21 см Публикацијата е во рамките на проектот: Promoting housing rights for the Roma. - Фусноти кон текстот. - Библиографија: стр. 26-27. - Содржи и: Appendix ISBN 978-608-65006-7-2 I. Damjanovska, Natasha Gaber- види Gaber-Damjanovska, Natasha а) Роми во Македонија - Домување - Истражувања COBISS.MK-ID 91330570
This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of Habitat for Humanity Macedonia and can in no way betaken to reflect the views of the European Union.