A/HRC/14/30
employment history and income statements, which is almost impossible for irregular
migrants to provide.60 Thus, irregular migrants often resort to sublets or renting in an
unofficial housing market, and must pay exorbitant rents despite the very poor conditions of
the accommodation. Reports suggest that given the high rent, it is common for irregular
migrants to live in overcrowded conditions and share beds with several other people who
have different working schedules.61
49.
In some cases, employers provide migrant workers with housing as part of the
employment conditions. Often, however, the standards of housing provided are far from
adequate. In some countries, migrant workers are provided with transport containers or
trailers, or make-shift accommodations in buildings that they are constructing,62 which
clearly does not meet the standards of adequate housing.
50.
The precarious housing situations are further exacerbated by the fact that irregular
migrants are usually excluded by law from most public services, including social housing.63
Particular concern is expressed with respect to asylum-seekers who become irregular
migrants and lose all social support and housing entitlements once their claims for asylum
are rejected.64 Even when social housing is provided to rejected asylum-seekers, the
housing provided may be below the adequate standards, designed to encourage their return
to the countries of origin.65
B.
Challenges in security of tenure: forced evictions
51.
Adequate standards of housing encompass the security of tenure, which guarantees
legal protection against forced eviction, harassment and other threats.66 Forced eviction is
“permanent or temporary removal against the will of individuals, families and/or
communities from the homes and/or land which they occupy, without the provision of, and
access to, appropriate forms of legal or other protection”.67 It is widely acknowledged that
forced evictions constitute gross violations of a broad range of human rights, particularly
the right to adequate housing.68
52.
The Special Rapporteur notes with regret the widespread practices of forced
evictions of migrants around the world.69 There are many instances where migrants, most
often vulnerable groups such as irregular migrants, asylum-seekers and unaccompanied
children, are forcibly evicted from their homes without adequate notice, prior consultation
or alternative accommodation.70 Such forced evictions often take place to clear slums,
squatter camps and other informal settlements in the name of development, beautification
60
61
62
63
64
65
66
67
68
69
70
14
Van Parys and Verbruggen, “Housing situation”, pp. 20–21.
Ibid., pp. 17 and 21.
Human Rights Watch, Are you Happy to Cheat Us? Exploitation of Migrant Construction Workers in
Russia, p. 62.
See Van Parys and Verbruggen, “Housing situation”, p. 24.
Cholewinski, Study on Obstacles (see footnote 6), p. 34.
See for example David Weissbrodt, The Human Rights of Non-Citizens (Oxford, Oxford University
Press, 2009), pp. 149–150.
Committee on Economic, Social and Cultural Rights, general comment No. 4, para. 8 (a).
Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997), para. 3.
See, for example, the report of the Special Rapporteur on adequate housing (A/HRC/4/18), para. 6.
See for example Centre on Housing Rights and Evictions (COHRE), Forced Evictions: Violations of
Human Rights 2007–2008 (Geneva, 2009).
See for example Amnesty International, “Greece: Amnesty International condemns forced evictions
in Patras”, public statement, 16 July 2009.
GE.10-12615