Access to adequate housing

Adequate housing is one of the most basic human needs. The right to adequate housing encompasses the provision of basic shelter and the right to live in security, dignity and peace. As a result, housing or shelter should include: security of tenure; availability of utilities and other services such as access to safe water and sanitation; affordability; habitability; accessibility; and cultural appropriateness. Governments should take progressive steps towards the achievement of all aspects of the right. ILO Recommendation No. 115 on worker’s housing states that: “it should be an objective of national housing policy to . . . [ensure] that adequate and decent housing accommodation and a suitable living environment are made available to all workers and their families.” UN-HABITAT estimates that throughout the world over one billion people live in inadequate housing, with in excess of 100 million people living in conditions classified as homelessness.

Implications for business

Companies that provide housing for their workforce or the local community can impact directly, positively or negatively, on the enjoyment of the right to adequate housing. However, the most frequent association with the right to adequate housing arises in the context of land transactions that require relocation or forced evictions, often in relation to development projects or natural resource exploration. Business risk complicity if they engage in forced evictions without due diligence and procedural safeguards. Such safeguards may include comprehensive impact assessments, prior consultation and notification, provision of legal remedies, fair and just compensation, and adequate relocation.

The following examples were identified through background research:

  • In August 2008, Nike announced it was taking steps against a supplier factory in Malaysia for several breaches of its supplier code of conduct, including housing workers in substandard accommodation. Nike has undertaken to ensure workers will be moved to Nike-approved housing.
  • The National Human Rights Commission of India reports that around 400,000 persons were forcibly evicted from their homes in Delhi between 2000 and 2006, the majority without any resettlement plans. In one instance, 7,000 households were demolished in order to clear the land for a power plant for the Commonwealth Games that will take place in Delhi in 2010.

Identifying the dilemma

How does a company respect the right to an adequate standard of living for its employees when creating jobs in areas where a lack of infrastructural development has left a shortage of adequate housing, access to water, sanitation and public amenities?

The following have been identified as possible components of this dilemma:

  • Housing for workers
  • Community partnerships and investment
  • Business and government responsibility
  • Poverty
  • Forced evictions
  • Due diligence

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