32
HOUSING RIGHTS
respond to information received on allegations concerning the situation of housing
rights in particular countries (communications); develop dialogues with both states
and civil society; and submit annual reports to the UN Commission on Human
Rights on thematic issues (see Annex II). Since 2000, the post has been held by
Miloon Kothari, a housing rights activist from India, who has experience working
with minority and indigenous groups. In his second annual report to the CHR in
2002, he presented a framework for state action urging states to enact a series of
measures designed to improve the housing rights of minorities, including enacting
and strengthening legislation, guaranteeing access to judicial remedies for
violations, undertaking affirmative action and institutionalising ethical housing,
land-use and planning practices.23 Kothari has looked at the issue of forced
evictions and how it can disproportionately affect minority groups such as the
Roma, contrary to the CERD General Recommendation XXVII.24 In all of the
country visits undertaken to date by the Special Rapporteur - the Occupied
Palestinian Territories, Romania, Mexico, Peru and Afghanistan - he has highlighted the plight of minorities and made suitable recommendations. For example, in
Romania he recommended that particular attention should be given to the needs
of minority and other vulnerable groups (in particular the Roma) and for their
integration into national housing sector policies.25 In Mexico, much of the report
was focused on the situation of indigenous people, particularly in the Chiapas
region, and how forced displacement has impacted negatively – not only on their
land and housing rights – but also their ability to work and enjoy their own
culture.26 Similar concerns were highlighted in the case of Peru, particularly in
regard to potentially disastrous consequences of a mining project in the
Tambogrande region.27 In Afghanistan, the Special Rapporteur noted that ethnic,
religious and linguistic minorities were among those at particular risk of having
their homes seized after occupation having heard testimonies from Sikhs and
Hindus of how their properties had been occupied by powerful military commanders in Kabul.28
In his 2004 report to the CHR, Kothari looked at the issue of forced evictions
and how it can disproportionately affect minority groups.29 Clearly minorities and
indigenous peoples are high on the Special Rapporteur’s agenda and complaints
and/or requests for visits should receive a favourable response (see Annex II).
The Special Rapporteur on Indigenous Peoples, currently Rodolfo Stavenhagen,
is mandated to gather and request information on violations against indigenous
peoples and to make recommendations to remedy them. He has carried out
thematic studies, including one on the impact of development projects on indigenous peoples 30 and their right to participate in the decision-making process. On
occasions, both Special Rapporteurs have sent joint communications in response to
urgent appeals31 where the housing rights of indigenous peoples have been violated.