Statement delivered by Victoria Stodart, Shelter & Settlements Department
Event: Interactive Dialogue with the Special Rapporteur on adequate housing, 22nd session of the Human Rights Council in Geneva
Date of delivery: 4 March 2013
Focus of the statement: Addressing regulatory barriers to shelter for equitable assistance to the needed population
Mr President, distinguished delegates, ladies and gentlemen,
As the Human Rights Council’s delegations are no doubt aware, the International Federation of Red Cross and Red Crescent Societies (IFRC) represents the 187 National Red Cross and Red Crescent Societies. As auxiliaries to their Governments, these National Societies play a leading role in addressing the needs of the most vulnerable. The IFRC has taken a close interest in enhancing the regulatory and legislative frameworks around disaster response in recent years, notably through the development of model laws and in addressing the regulatory barriers to meeting post-disaster housing needs. Through this work it has become apparent that lack of security of tenure is a key vulnerability for many at-risk households, and was not only an issue to be left to urban planners or human rights organizations but that it also had wide implications on humanitarian action.
One of the key regulatory barriers to the provision of shelter after disasters was the lack of recognition of diverse forms of tenure not limited to titled property ownership. Practically, lack of formal recognition of property ownership or use rights and regulatory issues have constituted major obstacles to the rapid and equitable provision of shelter assistance to persons whose homes have been damaged or destroyed. Existing legal frameworks often do not provide suitable regulations or procedures for use in times of disaster or crisis. This is especially true with respect to security of tenure. In addition, households who do have recognised security of tenure tend to invest in improving their housing and hence their resilience in the event of natural disasters.
This was recognised at the 31st International Conference of the Red Cross and Red Crescent attended by all 194 States party to the Geneva Conventions, which was held in November 2011. The Conference adopted a resolution on the topic of disaster law (Resolution 31IC/11/R7) on “Strengthening normative frameworks and addressing regulatory barriers concerning disaster mitigation, response and recovery.” In this resolution, the Conference called attention to the need to find practical solutions for addressing regulatory barriers to shelter in the emergency and transitional phases after a disaster. A number of Governments have made pledges to join this effort at national level.
Most relevant to our discussion today, the Conference called upon States, the Red Cross and Red Crescent Movement and other humanitarian organizations to make every effort to assure equity in their shelter assistance, including as between property owners and non-owners. This echoes the calls made by the Special Rapporteur on adequate housing in her thematic report today as well as in her previous report to the United Nations General Assembly on disaster response (A/66/270).
The IFRC thus welcomes the focus of the Special Rapporteur on security of tenure and the guidance she offers from a right to adequate housing perspective. Our organization is pleased to cooperate with the Special Rapporteur on these issues and to help advance at the operational level the understanding and protection of security of tenure to the most vulnerable in times of emergencies.
Thank you.
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