Ghetnet metiku ehrc homelessness & right to adequate housing

Assessment on Homelessness & the Right to Adequate Housing in Ethiopia
1st Draft Prepared on 14 January 2011

Assessment on Homelessness and the Right
to Adequate Housing in Ethiopia
(1st Draft)

Ghetnet Metiku WoldeGiorgis

Socio-Legal Researcher

January 2011

Addis Ababa

Ghetnet Metiku Woldegiorgis,
Freelance Socio-Legal Researcher
E-mail: gmgiorgis@gmail.com
Page 1 of 53


Table of Contents
1. Introduction ............................................................................................................................3
2. Conceptual Background .........................................................................................................5
2.1. Defining Homelessness ...................................................................................................5
2.1.1. Scope of Existing Definitions ..................................................................................5
2.1.2. Coverage of Existing Definitions ........................................................................... 8
2.1.3. Typologies of Homelessness.................................................................................. 9
2.1.4. Working Definition ................................................................................................ 12
2.2. Causes of Homelessness ............................................................................................... 14
2.3. Homelessness and Human Rights ................................................................................ 14
3. The Right to Adequate Housing........................................................................................... 18
3.1. The Basis for the Right .................................................................................................. 18
3.1.1. International Standards ........................................................................................ 18
3.1.2. Regional Standards ............................................................................................... 19
3.2. Substance of the Right ................................................................................................. 20
3.2.1. Meaning of ‘adequate’ housing ........................................................................... 20
3.2.2. Holders of the right ............................................................................................... 21
3.2.3. Interrelationship with other rights ....................................................................... 21
3.3. Implementation of the Right ........................................................................................ 22
3.3.1. Obligations of States ............................................................................................. 22
3.3.2. Legal Strategies ..................................................................................................... 23
3.3.3. Non-legal strategies ..............................................................................................24
3.4. Approaches to Homelessness ......................................................................................24
4. Responses to Homelessness and its Impacts in Ethiopia .................................................. 29
4.1. Ratification of International and Regional Human Rights Instruments .................... 29
4.2. Constitutional Recognition of the Right to Adequate Housing ................................. 29
4.3. Legislative Measures .................................................................................................... 30
4.4. Non-Legislative Measures ............................................................................................. 31
4.5. Assessment .................................................................................................................... 31
5. Recommendations ...............................................................................................................33
5.1. General Recommendations ..........................................................................................33
5.2. Specific Recommendations ......................................................................................... 34
6. Annexes ................................................................................................................................ 38
6.1. References .................................................................................................................... 38
6.2. Summary of international and regional standards ..................................................... 38
6.2.1. CESCR General Comment 4 .................................................................................. 38
6.2.2. CESCR General Comment 7 .................................................................................. 44
6.2.3. Indicators on the Right to Adequate Housing .................................................... 50

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1. Introduction
The Ethiopian Human Rights Commission (EHRC) is a national human rights institution
established in accordance with Article 55(14) of the Constitution of the Federal Democratic
Republic of Ethiopia (FDRE) through Proclamation No 210/2000. The establishing law gives
the EHRC extensive mandates to promote, protect and work towards the realization of
human rights in Ethiopia. More specifically, the duties and responsibilities of the Commission
include:

– educating the public to be aware of and claim its rights;

– seeing to it that the human rights are protected, respected and fully enforced;

– investigating complaints of human rights violations; and,

– recommending remedial measure where they are found to have been violated.

In undertaking its duties and responsibilities the Commission has so far conducted important
activities and programmes geared towards ensuring its role as the key human rights
institution within the country. One among the focal areas being addressed by the EHRC since
its establishment is the promotion of socio-economic rights, including the right to adequate
housing. Accordingly, the Commission has decided to engage external consultants who
would conduct an assessment of the national policy, legal, institutional framework for the
implementation of the right to housing and responses to the situation of persons living in the
street. The planned assessment will also seek to establish the roles to be played by the EHRC
and other stakeholders in addressing homelessness and its impacts.

The assessment aims at enabling the creation of a comprehensive national policy, legal,
institutional and programmatic response to the situation of persons and families living in the
streets of urban centers throughout Ethiopia. To this end, the objectives of the current
report are:

– Establishing the international and regional human rights framework for the
recognition and realization of the rights of homeless persons, including the right to
adequate housing;

– Drawing lessons from international and foreign practice in taking legislative, policy,
institutional and programmatic measures towards addressing homelessness and the
realization of the right to adequate housing; and,

– Reviewing and assessing the status, achievements, and gaps in addressing
homelessness and the realization of the right to adequate housing in Ethiopia in line
with the applicable international human rights standards.

Based on the findings parallel to these specific objectives, the assessment will propose
specific actionable recommendations for the EHRC and its partners.

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The scope of the assessment could be seen from two distinct perspectives with overlapping
substance: the right to adequate housing and homelessness. Thus, the major research issues
to be addressed during the assessment are:

– international and regional standards defining the substance and implementation of
the right to adequate housing and the rights of homeless persons that are relevant to
Ethiopia;

– international practice in the implementation of the right to adequate housing and
addressing homelessness; and,

– the implementation of the right to adequate housing and measures to address
homelessness in Ethiopia.

The results of this assessment are expected to serve as a basis for activities to be conducted
by the Commission and its partners during and after the current fiscal year, including
legislative reform and lobbying, strengthening responses across sectors and designing
specific direct interventions by the Commission. The lessons drawn from the assessment as
well as subsequent activities will also serve as part of a model framework for similar activities
to be designed in subsequent planning periods.

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2. Conceptual Background
1
There is no internationally agreed definition of homelessness. Definitions range from the
narrow—equating homelessness with “rooflessness”—to the broad, based on the adequacy
of the dwelling, the risk of becoming homeless, the time exposed to homelessness and
responsibilities for taking alleviating action.

2.1. Defining Homelessness

Defining ‘homelessness’ poses several challenges, especially in the context of developing
countries including the absence of formal or binding definitions, limited data on the number
and situation of the ‘homeless’, ambiguous distinctions with squatting and informal
settlement, and the legal position of streetism.2 In order to count homeless people, there
must first be a working definition of homelessness, which is lacking in most developing
countries. In some cases the status of the most visible among the group may also be subject
3
to administrative and criminal sanctions. On the other hand, since Western definitions fail to
take into account the specific circumstances of less developed societies, existing theoretical
and legal definitions are not fully relevant. For instance, the inclusion of squatters or informal
settlements in the definition would incorporate most existing households and make it
impossible to focus on the most vulnerable. It is thus necessary to formulate a working
definition of homelessness in the context of specific developing countries if it is to inform
relevant interventions. Given the lack of a globally agreed definition of homelessness, limited
data are available about the scale of this phenomenon, which in turn impedes the
development of coherent strategies and policies to prevent and address it.

2.1.1. Scope of Existing Definitions
In the past, commentators defined homelessness as featuring a lack of a right or access to
secure and minimally adequate housing, variously described as:“rooflessness (living rough),
houselessness (relying on emergency accommodation or long-term institutions), or inadequate
housing (including insecure accommodation, intolerable housing conditions or involuntary
sharing)”.4 In Sweden:5 “A homeless person is a person, who has no personal or rented housing
or permanent accommodation and who has been directed to temporary alternative housing or
spends nights outdoors.” Others distinguish between relative and absolute homelessness.6

1
OHCHR and UN HABITAT, Fact Sheet No. 21/Rev.1, November 2009, p. 22
2
Dr A. G. Tipple and Suzanne Speak, The Nature and Extent of Homelessness in Developing
Countries, Global Urban Research Unit (GURU), University of Newcastle upon Tyne, DFID
Project No. R7905, 2003
3
For example, in India, the Bombay Prevention of Begging Act, is used to clear the streets of
homeless people when important events are to take place.
4
Edgar, B., Doherty, J., and Mina-Coull A., Services for homeless people, Innovation and change
in the European Union, The Policy Press, JCSHR, FEANTSA, 1999, p. 2
5
Anneli Kährik, Ene-Margit Tiit, Jüri Kõre and Sampo Ruoppila, Access to Housing for
Vulnerable Groups in Estonia, PRAXIS Working Paper No 10/2003, August 2003, pp. 40-41
6
United Nations Centre for Human Settlements (Habitat), Strategies to combat homelessness,
Nairobi, 2000, pp. 15-17
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Absolute homelessness occurs when there is neither access to shelter nor the elements of
home. A person may be in relative homelessness; that is, they may have a shelter but not a
home. The notion of a home, however, is determined also by cultural conditions. Broader
definitions incorporate the concept of social exclusion as a major component of the concept
of homelessness suggesting that:

“Homelessness is a condition of detachment from society characterized by the
absence or attenuation of the affiliative bonds that link settled persons to a
network of interconnected social structures”7.

There is a wide recognition in Europe that homelessness, as a component of social exclusion,
needs to be seen as more than an absence of shelter.8 Homelessness should be seen as a
relational rather than an absolute concept.9 In this sense, homelessness has two principal
meanings:10 “… on the one hand lack of space – a shelter – and on the other hand the absence
of social relations or ties which in turn would reveal situations of social exclusion or
marginalization.”

The ‘narrow’ definitions of homelessness have evolved through time in response to changes
in the conceptual and methodological framework. During the 1960s, the trend was to
approach the issue from the perspective of how ‘the homeless’ behaved especially in terms
of their lack of primary relationships. A typical example is found in the following definition of
‘homeless households’ latter adopted by the UN for statistical purposes:11

“households without a shelter that would fall within the scope of living
quarters. They carry their few possessions with them sleeping in the streets, in
door ways or on piers, or in any other space, on a more or less random basis.”

In the next decade, emphasis shifted towards a subjective perspective stressing the self-
identification of homelessness based on how people felt about their living arrangements. If
they consider their situation to be unsatisfactory because of poor conditions, over-crowding
and lack of security, they could consider themselves homeless. The 1990s, on the other hand,
saw the dominance of quantifiable definition in the form of scientific statistics that could
inform policy formulation. Homeless people were defined as those who were without
conventional shelter and in emergency or short-term accommodation, i.e. people to be
targeted with policy interventions.

7
Caplow and others, 1968, p. 494
8
9
10
Tosi, 1997 (Referred to in: Edgar, B., Doherty, J., and Mina-Coull A., Services for homeless
people, Innovation and change in the European Union, The Policy Press, JCSHR, FEANTSA,
1999, pp. 2-3
11
Principles and Recommendations for Population and Housing Censuses, United Nations
publication, Sales No. 07.XVII.8 P), 1998, para 1.328
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These theoretical definitions share one core component, the lack of conventional shelter or
‘houselessness’. Legal definitions in some countries have widened the definition to include
people sleeping in institutions meant for those without any form of shelter. This is the case
for definitions used in the United States of America, India and France (UNCHS, 1999c). For
example, in the United States of America, the Stewart B. McKinney Homeless Assistance Act
of 1987, defined ‘homeless’ to mean:

“(1) An individual who lacks a fixed, regular, and adequate night-time residence;
and, (2) An individual who has a primary night-time residence that is: A
supervised publicly or privately operated shelter designed to provide temporary
living accommodations (including welfare hotels, congregate shelter, and
transitional housing for the mentally ill); An institution that provides a
temporary residence for individuals intended to be institutionalized; or A public
or private place not designed for, or ordinarily used as, regular sleeping
accommodations for human beings. (3) This term does not include any
individual imprisoned or otherwise detained under an Act of Congress or a state
law. People who are at imminent risk of losing their housing, because they are
being evicted from private dwelling units or are being discharged from
institutions and have nowhere else to go, are usually considered to be homeless
for program eligibility purposes” .

The Census of India uses the notion of ‘houseless population’, defined as the persons who
are not living in ‘census houses’, meaning ‘a structure with roof’. In short, the narrow
definition of homelessness equates two groups: those who would be sleeping rough or in a
public shelter. Their situation, which corresponds to a narrow or literal definition of
homelessness, also implies the absence of community and family ties, privacy, security, and
the lack of shelter against the elements.

Wider definitions of homelessness go beyond the narrow definition of ‘rooflessness’,
embracing only those sleeping rough, to one including risk and causality.12 According to one
such definition:

“Homelessness is the absence of a personal, permanent, adequate dwelling.
Homeless people are those who are unable to access a personal, permanent,
adequate dwelling or to maintain such a dwelling due to financial constraints
and other social barriers…”13.

More wide-ranging interpretations of homelessness include those living in ‘intolerable
housing conditions’14 which would include overcrowded, insecure or substandard

12
in the European Union, The Policy Press, JCSHR, FEANTSA, 1999
13
Nairobi, 2000, pp. 18-19 (Avramov, 1996, p. 71, cited in FEANTSA, 1999, p. 10)
14
Watchman and Robson, “Homelessness and the law in Britain”, mimeo, Glasgow, Planning
Exchange, 1989
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accommodation, those forced into involuntary sharing, or those subjected to high levels of
noise pollution or infestation. Some definitions developed from a Western European
perspective go even further, including those without permanent or adequate dwellings.15

A theoretical definition of homelessness could be said to be an essential condition of
recognition of and policy towards homelessness with regard to both quantity and quality.
However, the meaning of homeless is fluid and elusive, changing over time and between
places. Wide ranges of official and non-official conceptualizations of homelessness are used
around the world, usually related to national legislation and policy legacies.

The Special Rapporteur on adequate housing has noted that narrow definitions are
inadequate and that in developing countries the most common definitions recognize that an
element of social exclusion is part of the experience of the homeless. UN-Habitat underlines
in this respect that homelessness implies belonging nowhere rather than simply having
nowhere to sleep.

2.1.2. Coverage of Existing Definitions
Definitions of ‘homelessness’ also differ in terms of their coverage or the dwelling
circumstances that may be classified as homelessness. The following are the different
circumstances which have been classified as homelessness.16

Table 1: Categories of the Homeless
Rough sleepers People actually living on the street carrying their few possessions with
them; often lacking legal identity for lack of official documentation
Pavement dwellers Two main categories may be identified: those who have chosen the street
as their place of abode for economic or other reasons;17 and those who are
reluctant but have nowhere else to live
Occupants of shelters This category includes those who report to shelters for homeless persons
with or without extra-accommodation services on a regular basis
Occupants of Inmates of prisons and long stay hospitals who are about to be released18
institutions
Occupants of Households, typically in developing countries, occupy housing lacking
unserviced housing access to safe water and adequate sanitation 19
Occupants of poorly In many high-income industrial countries, poor construction of the home is
constructed or insecure regarded as a reason for declaring the occupants homeless20 (vulnerable

15
Avramov, D., Homelessness in the European Union, Brussels, FEANTSA, 1995
16
Nairobi, 2000, pp. 19-25
17
They may choose to live here rather than more peripheral (affordable) housing because their
living is made close to the centre of the cities.
18
In some cases, refugees and asylum seekers are housed in institutions, as they have no local
home.
19
According to UNICEF (1999) data, some 13% of the urban population in developing countries
lack access to safe water and some 25 access to adequate sanitation facilities, i.e. there were
some 253 million urban residents who do not have access to safe drinking water and 486
million who do not have adequate sanitation.
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housing sites, precarious tenancy)
Sharers In European literature, this includes people who would be described as
‘doubling-up’; they are sleeping on a friend’s floor or are staying with
parents when they really want to ‘leave the nest.’
Occupants of housing Households who can no longer afford what was a manageable housing cost
of unsuitable cost due to emergent causes such as loss of income, death of income earner,
and increasing rents.
Occupants of mobile In some high-income industrial countries,21 long term occupation of mobile
homes homes, caravans, barges, and motor vehicles is regarded as inadequate
(especially if not by choice or where restrictions apply to location or travel).
The first two categories, i.e. rough sleepers and pavement dwellers, are covered in the
narrowest of definitions of homelessness while the third (occupants of shelters) are the
same persons identified from the perspective of accessing service. Inclusion of the other
categories varies depending on the specific context and purpose of the definition. Generally
speaking, definitions used in developing countries are limited in their coverage to the first
two while broader coverage is observed in the context of developed countries. Within the
same context, statutory definitions giving rise to entitlements use narrower definitions than
policy documents or definitions used by non-government actors. Other categorizations
profiling the homeless according to specific factors such as age, gender or health status are
also common. A case in point is the treatment of street children,22 women and the mentally ill
as a separate category of homeless persons.

2.1.3. Typologies of Homelessness
One approach is to provide for a general definition of homelessness and identifying more
specific categories or levels of homelessness. For instance, Australian federal law defines
homelessness as ‘inadequate access to safe and secure housing’.23 This exists where the only
housing to which a person has access: is likely to damage the person’s health; threatens the
person’s safety; marginalises the person by failing to provide access to adequate personal
amenities or the normal economic and social support of a home; or, places the person in
circumstances that threaten or adversely affect the adequacy, safety, security and
affordability of that housing.24 Within this general legal definition, the Australian Bureau of
Statistics (ABS) has identified several categories of homelessness in Australian society in

20
In developing countries, so many households endure poorly constructed dwellings falling
short of building regulations that they are unlikely all to be regarded as homeless. According
to UNCHS (1999a), more than a quarter of housing in developing countries (and 40% in Sub-
Saharan Africa) is built in nonpermanent materials, while more than one third of housing in
developing countries (and more than half in Sub-Saharan Africa) does not comply with local
regulations.
21
The rarity of mobile homes in developing countries is probably sufficient to reduce the
numbers there in this category to virtually zero.
22
Many children in the streets go home at night; others have no home in which they are
welcome and live a life dissociated from adult supervision and care. The reference
may be to both or the latter depending on context and purpose.
23
Supported Accommodation Assistance Act 1994 (Cth), s 4(1).
24
Supported Accommodation Assistance Act 1994 (Cth), s 4(2)
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relation to minimum community standards regarding housing and highlighting that
homelessness affects people in different ways, depending on their personal situation and
needs. These are:

Primary homelessness: For some people, being homeless means being ‘roofless’ –
living on the streets, in parks or in deserted buildings. This is known as primary
homelessness and is the most visible kind of homelessness.25

Secondary or tertiary homelessness: For other people, being homeless means
moving between various types of temporary shelters, such as the homes of friends
and relatives, refuges and hostels; or living in boarding houses on a long-term basis,
26
with shared amenities and without security of tenure. The ABS categorises this as
secondary or tertiary homelessness.

People who are ‘marginally housed’: These people are living close to the minimum
community standard of housing, such as a family staying with relatives on a long-
term basis or a couple renting a caravan without security of tenure.27 While not
strictly within the current definition of people who are homeless, there is debate as
to whether their experience of inadequate housing means they should be included in
the group of homeless persons.28

Typologies of homelessness developed in recent decades range from ‘the homeless
continuum’29 to classifications based on quality, risk or potential, time and responsibilities for
30
taking alleviating action. There are a large number of typologies of homelessness that are
based on key elements of housing ‘adequacy’.31 However, most quality oriented
categorizations come up with a three or four category system distinguishing between levels
of homelessness in terms of severity of living conditions. The following typology is
representative of quality-based categorizations:

Table 2: Quality-Based Categories of Homelessness
Degree of homelessness Characteristics

25
Australian Bureau of Statistics (ABS), Counting the Homeless 2001, 2003, p12, available at
http://www.ausstats.abs.gov.au/ausstats/free.nsf/0/5AD852F13620FFDCCA256DE2007D81FE/$
File/20500_2001.pdf
26
ABS, Counting the Homeless 2001, 2003, p. 12
27
ABS, Counting the Homeless 2001, 2003, pp. 12-13
28
ABS, Counting the Homeless 2001, 2003, p. 13
29
These are a group of typologies describing states between satisfactory and secure forms of
housing on one end and sleeping rough at the other.
30
Nairobi, 2000, pp. 26-31
31
For instance, based on a study of homelessness in Europe, FEANTSA proposes a quality-
oriented definition of homelessness beginning with a four-fold sub-division of housing
adequacy defined by high/low quality and high/low security, all except the high quality and
high security subdivision falling within the definition of homelessness.
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Absolute homelessness People without an acceptable roof over their heads, living on the streets,
under bridges and deserted buildings
First degree relative People moving between various forms of temporary or medium term
homelessness shelter such as refuges, boarding houses, hostels or friends
Second degree relative People constrained to live permanently in single rooms in private
homelessness boarding houses
Third degree relative Housed but without conditions of ‘home’, e.g., security, safety, or
homelessness32 inadequate standards
Source: UN HABITAT, 200033
Typologies based on potential or risk of homelessness generally incorporate the homeless as
well as those about to become homeless mainly with a view to informing preventive as well
as curative intervention. In Austria, the definition of homelessness (referred to as
‘houselessness’) distinguishes among three groups of homeless people: acute, imminent or
potential.34 The first category includes people living on the street, squatting in public spaces
not designed for residence, staying with friends or relatives because of inadequate housing
of their own, and living in housing that is an acute health hazard.35 ‘Imminent houselessness’
concerns those who are threatened with the loss of their current abode, who are incapable
of keeping it, or who cannot provide a replacement for themselves. Finally, ‘potential
houselessness’ includes those where the housing loss is not imminent but may be
approaching because of inadequate housing or income. More elaborate typologies based on
potential or risk informed by studies in developed countries similarly incorporate people who
are, or are potentially, homeless. One such study based on work in the UK, the US and
Canada, have suggested a different five point classification based on the risks faced by
36
people who are already homeless and the type of assistance they would need. Where
categories of potentially or actually homeless people are neither counted nor considered,
they are sometimes called the hidden homeless.

Other important typologies of the homeless include those based on time and responsibility
for intervention. Time-based typologies, which are mostly employed by those interested in
and drawing data from the provision of services to the homeless, group the homeless based
on how long they have been homeless. One such typology distinguishes between
transitionally homeless, episodically homeless, and chronically homeless.37 Another time-
based typology also incorporates the reactions of the ‘already homeless’ to their situation.38

32
Also referred to as inadequate housing or incipient homelessness
33
UN HABITAT, Selected Strategies to Combat Homelessness, 2000 (Quoting Cooper, 1995)
34
These categories are similar to those used in a Canadian study: literally homeless; moving in
and out of homelessness; and marginally housed and at risk of homelessness (Peressini and
others, 1995).
35
BAWO, 1999; cited in UNCHS 1999c
36
UN HABITAT, 2000: Quoting Daly, 1996
37
Kuhn, R. and Culhane, D.P., Applying cluster analysis to test a typology of homelessness by
pattern of shelter utilisation, American Journal of Community Psychology, Vol. 26, No. 2, 1998,
pp. 207-32
38
Hertzberg, E. L., The homeless in the United States: conditions, typology and interventions,
International Social Work, Vol. 35, 1992, pp. 149-61
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The purpose of these typologies is to identify and target each category with the most
relevant interventions customized to their needs. Finally, some definitions focus on
entitlement to or the responsibility for assistance. These typologies, which are often defined
by law, tend to define homelessness at three levels: general principle, exclusions and priority
groups. For instance, the statutory definition of homelessness in the UK states that:39 a
person or household is homeless if they have no accommodation in England, Wales or
Scotland, or have no accommodation that they are legally entitled to occupy; excludes those
who have become homeless ‘intentionally’, or lacking local connection, or falling outside any
of the priority-need groups40.

2.1.4. Working Definition
The definition of ‘homelessness’ in the context of Ethiopia has to be narrow in scope, limited
in its coverage, and use a typology based on risk or potential as described in the preceding
sections. The nature of the contextual definition draws from the need to identify and address
the situation of those most affected by homelessness and most vulnerable to its impacts.
Recognizing that the ‘homeless’ are a diverse group with a range of shared and specific
needs, interventions targeting them need to be diverse in their objectives, strategies and
actors. It is thus necessary that one identifies a narrower group with more shared than
diverse needs to design and implement a relevant and effective intervention. The
prioritization of these categories of ‘homeless’ is not only more pragmatic in terms of
efficiency in utilizing limited available resources, but also in line with good practice in
addressing gaps and violations in the realization of human rights.

The theoretical definitions described above distinguish between three conceptions with
progressively broadening scope.41 It would thus be appropriate to examine each in defining
the conception appropriate for our working definition.

1) The narrowest conception, referred to as ‘rooflessness’ designates the absence of
any form of shelter as understood in the socio-economic context. A roofless person
or household lives on the street, either sleeping rough or in makeshift structures. In
the Ethiopian context, the reference would be to individuals and households living
and sleeping in the open, in structures such as bus stations and doorsteps of shops,
or in enclosures made from flimsy materials such as plastic sheeting on fences and
other structures. These are the ‘homeless’ in the strictest sense of the term since
they are affected directly by the most severe effects of homelessness and should be
the core reference group in our working definition.

39
Neale, J., ”Homelessness and theory reconsidered”, Housing Studies, Vol. 12, No. 1, 1997, pp.
47-61
40
Groups defined as being in ‘priority need’ are: households containing dependent children or a
pregnant woman; people who are vulnerable in some way (due to age or physical or mental
disability, etc.); or, people made homeless by an emergency such as a fire or flood
41
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2) The second level is ‘houselessness’ referring to situations where the individual or
household in question does have a roof over its head but does not have a ‘home’ as
understood in the local context. It may, for instance, be the case that one is living in
an emergency accommodations or a homeless shelter. In the Ethiopian context, a
person living in a charitable shelter, rooms within church grounds, or displacement
camp would be a typical example. This group of individuals or households may be
considered homeless people whose immediate needs have been addressed at least
on a temporary basis. While our definition of homelessness should take into account
the transitory nature of their status, our concern with this group should be peripheral
since they are not being directly and immediately affected by homelessness.

3) The broadest level of conceptualization refers to ‘inadequate housing’ that does not
satisfy the minimum conditions required to qualify as a ‘home’. Though the adequacy
of housing is understood mainly in terms of quality and security issues, this
conception is generally premised on standards defined by law presumably in line with
the substantive content of the right to adequate housing. In the Ethiopian context,
this category would include a significant percentage of the urban population living in
dilapidated housing and informal settlements. The inclusion of these groups in our
definition of homelessness would detract from the concerns of our intended focal
group since the issues involved are distinctly different for the two groups. It may,
however, be appropriate to take into account the potential role of insecure or low
quality housing as a cause for the narrower conceptions of homelessness in
designing preventive interventions.

In relation to typology, our conception of ‘homelessness’ requires that we use a simpler
categorization that distinguishes between our focal group and the peripheral groups we are
interested in. These are:

People living in the street (i.e. rough sleepers and pavement dwellers);

People living in makeshift shelters which do not qualify as a dwelling;

People living in temporary accommodation; and,

People living in low quality or insecure housing.

The first two categories could be considered ‘street dwellers’ and form the focal group for
interventions on account of facing the most serious conditions pertaining to or arising from
homelessness. Furthermore, one may consider distinctions within these focal categories to
identify those most vulnerable to the negative effects of homelessness such as young
children, girls, mothers with infants, the elderly, and persons with disabilities.

In conclusion, the definition of ‘homelessness’ in the context of Ethiopia has to be narrow in
scope focusing on ‘rooflessness’, limited in its coverage to people living in the street in urban
centers, and use a typology identifying focal and peripheral groups based on current and
potential vulnerability to the impacts of homelessness.
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2.2. Causes of Homelessness

Theoretically, the causes of homelessness could be analyzed from economic, social and/or
42
political perspectives with corresponding solutions. From an economic point of view
homelessness arises from failure of economic systems in producing and allocating housing
resources, a problem calling for changes in economic policy. A social analysis, on the other
hand, attributes the problem to malfunctioning social relations at the household level and
suggests interventions such as family support, child protection, family mediation and the
prevention of domestic violence. Finally, political analysis would point to unresponsiveness
of political institutions to vulnerable social sections leading to failure to achieve equitable
distribution of housing that could only be solved by influencing the political process,
including economic and social decision-making.

In practice, the causes are more complex involving economic, social and political factors
manifested differently in different contexts as well as across and within social groups. The
two fundamental causes of homelessness in developing countries are poverty, especially
rural poverty, and the failure of the housing supply system. In many developing countries
rural poverty has driven large numbers of people, usually young single men, to seek
employment and economic opportunities in cities. Once in the cities they are employed in
low paying jobs in the absence of affordable accommodation. Since these rural migrants are
expected to send money back to the family, they often prefer living on the street rather than
spend money on expensive urban accommodation. However, poverty and housing shortages
alone do not necessarily lead to homelessness. Other factors such as natural disasters, rapid
urbanization and eviction are important causes of homelessness in many countries.

There are also strong social causes for homelessness in developing countries mainly affecting
women and children. These social causes of homelessness include: marital breakdown or
bereavement; domestic violence; deterioration of traditional extended families; and, HTPs
such as early marriage. Despite legislation protecting women’s rights, cultural attitudes in
developing countries often sustain social rules undermining the marital, property and other
rights of women. This forces many women onto the streets, and sometimes into prostitution.
Homeless women and children are also often victims of family breakdown or are escaping
family violence.

2.3. Homelessness and Human Rights

International human rights law recognises that every person has the right to an adequate
standard of living. This right includes the right to adequate housing.43 The right to housing is
more than simply a right to shelter. It is a right to have somewhere to live that is adequate.
Whether housing is adequate depends on a range of factors including: legal security of
tenure; availability of services, materials, facilities and infrastructure; affordability;

42
United Nations Centre for Human Settlements (Habitat), Strategies to Combat Homelessness,
Nairobi, 2000 (http://www.unchs.org)
43
ICESCR, article 11; CRC, article 27; CERD, article 5(e); CEDAW, article 14(2); UDHR, article 25
Page 14 of 53


44
accessibility; habitability; location; cultural adequacy. Homelessness involves the absence
of housing, adequate or otherwise. It thus represents the most obvious and severe
manifestation of failure to realize the human right to adequate housing. (UNCHS, 1999d:
paragraph 30)

Homelessness also impacts on the exercise of a wide range of basic human rights by the
homeless. Some of these rights and the impacts of homelessness on their exercise are briefly
described below.

The Right to Health: Every person has the right to enjoy the highest possible standard
of health.45 However, homelessness may result in serious and persistent violations of
this fundamental human right in three ways.46 First, poor physical or mental health
can reduce a person’s ability to find employment or earn an adequate income
thereby increasing vulnerability to homelessness.47 Second, homelessness increases
vulnerability to health problems including depression, poor nutrition, substance
abuse and mental health problems leading to significantly higher rates of death,
disability and chronic illness among homeless persons.48 Third, homelessness
exacerbates and complicates the treatment of many health problems since homeless
people have significantly less access to health services.49

Right to Physical Safety: Every person has the right to liberty and security of the
person.50 The physical safety of a person who is homeless is often under constant
threat. Lacking a safe living environment, homeless people are more vulnerable to
crime and personal attacks. Children and young people are particularly vulnerable to
attacks on their personal safety and human rights law recognizes their right to special
protection from sexual and other abuse.51 Women who are homeless are also at
greater risk of violence and sexual abuse and are often forced into harmful situations
and relationships out of need. It is vital that people experiencing homelessness are
provided with adequate support to protect them from violations of their right to
personal safety.

44
ICESCR, General Comment 4: The right to adequate housing, [8].
45
ICESCR article 12; CRC article 24; CEDAW articles 12, 14(2).
46
US Institute of Medicine, Homelessness, Health and Human Needs, 1988, National Academy of
Press, Washington, p39.
47
Parliament of Australia Senate, Community Affairs References Committee, A Hand Up Not a
Hand Out: Renewing the Fight Against Poverty, 2004, p173.
48
E. Harris, P. Sainsbury and D. Nutbeam (eds), Perspectives on Health Inequity. Australian Centre
for Health Promotion, University of Sydney, Sydney, 1999; A. Lucy, ‘South Eastern Sydney
Area Health Service Homelessness Health Strategic Plan 2004-09’ in Parity, vol 17, no 8, 2004,
pp6, 7.
49
E. Harris, P. Sainsbury and D. Nutbeam (eds), Perspectives on Health Inequity, Australian Centre
for Health Promotion, University of Sydney, Sydney, 1999.
50
ICCPR, article 9(1)
51
CRC, article 34
Page 15 of 53


Right to Privacy: Everyone has the right to protection against arbitrary or unlawful
interference with their privacy.52 Homelessness tends to undermine enjoyment of this
right. Some people experiencing homelessness may be forced to carry out their
personal activities in public, activities that most people are able to do in the privacy
of their own homes. Even where support is available, people living in homeless
shelters or boarding houses may be required to share facilities with others, which
may also threaten their right to privacy.

Right to Education: Education is a basic human right and the Government must take
steps to ensure that primary education and vocational education is accessible by
every child.53 For homeless people, lack of legal identity, financial difficulty and
insecure housing conditions make it hard to access education and training facilities.
For homeless children and young people who manage to be in school, it is often an
experience of marginalization. In fact, school leaving has been shown to be a key risk
indicator of homelessness.54

Right to work: The right to work includes the right of every person to have the
opportunity to gain a living by work that they have freely chosen or accepted.55
Homeless people face many barriers to gaining and maintaining employment. Many
homeless people lack basic education and skills training, due to disrupted or
incomplete schooling. They may also lack community and family connections that can
assist in finding employment and providing advice on work-related issues. Lack of
knowledge about employment rights and lack of bargaining power make homeless
people particularly vulnerable to exploitation and discrimination at work.

Right to non-discrimination: The right to be treated equally by the law and to be free
from discrimination is a fundamental human right.56 A number of countries have
recognized ‘homelessness’ as a ‘social status’, ‘housing status’ or ‘employment
status’ within the prohibition on discrimination.57 People experiencing homelessness
face persistent stigmatization and discrimination in a range of different contexts.
Some of the situations in which discrimination arises have already been discussed,
including access to health care, access to education and employment. Discrimination
against homeless people also occurs in situations where certain laws operate in a
manner that disadvantages homeless people, compared to other people in society.
Such laws include rules governing eligibility for social security and voting and laws
that criminalize the doing of certain activities in public space.

52
ICCPR, article 17, CRC, article 16.
53
ICESCR, article 13; CRC, article 28; CEDAW, articles 11, 14(2); CERD, article 5(e)
54
P. Lynch, ‘Human Rights and the Supported Accommodation Assistance Program (SAAP)’ in
Parity, vol 17, no 1, 2004, p 23
55
ICCPR, article 6; CERD, article 5(e)
56
ICCPR article 26; CERD article 5(d); CEDAW, article 2
57
See for example, Homeless Persons’ Legal Clinic, Promoting Equality: Homeless Persons and
Discrimination, Submission regarding Discrimination on the Ground of Social Status and the
Equal Opportunity Act 1995 (Vic), 2002, pp21-31
Page 16 of 53


Right to social security: The human right to social security imposes an obligation on
the government to provide welfare necessary for subsistence to people who are
unable to support themselves.58 At the outset, in order to establish entitlement to
benefits, a person must satisfy strict proof of identity requirements, which
disproportionately burdens homeless people who often do not have, and cannot
afford to obtain official documentation that proves their identity.
59
Other important rights the homeless are unable to exercise include the right to vote, the
right to freedom of expression,60 and the right to freedom from cruel, inhuman or degrading
treatment or punishment.61

58
ICESCR, article 9; CRC, article 26; CEDAW, articles 10, 14(2); CERD, article 5(e)
59
ICCPR, article 25; CEDAW, article 7; CERD, article 5(d)
60
ICCPR, article 19(2); CERD, article 5(d)
61
ICCPR, article 7; CRC, article 37
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3. The Right to Adequate Housing
This section provides information on the recognition of the right to adequate housing in
international and regional human rights instruments, the substance and components of the
right to adequate housing as well as measures of implementation to be taken at the national
level. It is meant to provide a framework for the presentation and analysis of the national
policy, legislative and programmatic measures towards the realization of the right in
Ethiopia.

3.1. The Basis for the Right

3.1.1. International Standards
The right to adequate housing is founded and recognized under international law.
Enunciated under article 25(1) of the Universal Declaration of Human Rights, the right to
adequate housing has been codified in other major international human rights treaties.

Everyone has the right to a standard of living adequate for the health
and well being of himself and his family, including food, clothing,
housing and medical care and necessary social services and the right to
security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances
beyond his control. (Universal Declaration of Human Rights, Article
25(1))

Article 11(1) of the ICESCR provides that "States Parties to the present Covenant recognize
the right of everyone to an adequate standard of living for himself and his family, including
adequate . . . housing, and to the continuous improvement of living conditions." Moreover,
the CESCR has issued two General Comments, General Comments 4 and 7, clarifying the
scope and meaning of the right to housing as enshrined in the Covenant.

Similar provisions on the right to adequate housing are contained in the Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of
Discrimination Against Women, the Convention on the Rights of the Child, the International
Convention on the Suppression and Punishment of the Crime of Apartheid, and the Interna-
tional Convention Relating to the Status of Refugees.

Several non-binding declarations, resolutions and recommendations by the UN and its
specialized agencies related to housing as a human right. These include:

Declaration on Social Progress and Development (1969), part II, art. 10

Declaration on the Rights of Disabled Persons (1975), art. 9

Page 18 of 53


Vancouver Declaration on Human Settlements (1976), section III (8)

International Labour Organization (ILO) Recommendation No. 115 (1961), principle 2

ILO Recommendation No. 62 Concerning Older Workers (1980), art. 5(g)

Declaration on the Right to Development (1986), art. 8(1)

United Nations Sub-Commission on the Prevention of Discrimination and Protection
of Minorities resolution 1994/8 on "Children and the Right to Adequate Housing"
adopted 23 August 23 1994

United Nations Commission on Human Rights resolution 1993/77 on "Forced
Evictions," adopted on 10 March 1993

United Nations Commission on Human Settlements resolution 14/6 on "The Human
Right to Adequate Housing," adopted 5 May 1993

United Nations General Assembly resolution 42/146 on the "Realization of the Right
to Adequate Housing," adopted 7 December 1987, which "reiterates the need to
take, at the national and international levels, measures to promote the right of all
persons to an adequate standard of living for themselves and their families, including
adequate housing, and calls upon all States and international organizations
concerned to pay special attention to the realization of the right to adequate housing
in carrying out measures to develop national shelter strategies and settlement
improvement programmes within the framework of the Global Strategy for Shelter
to the Year 2000."

3.1.2. Regional Standards
Several regional human rights instruments also guarantee to every individual the right to
adequate housing. Under the Charter of the Organization of American States (OAS), article
31(k), "Member States agree to dedicate every effort to achieve . . . adequate housing for all
sectors of the population." The European Social Charter, the European Convention on
Human Rights and Fundamental Freedoms, the European Convention on the Legal Status of
Migrant Workers, the Resolution on Shelter for the Homeless in the European Community,
and the Final Act of Helsinki all contain express provisions and references to the right to
adequate housing.

The African Charter on Human and Peoples’ Rights makes no specific mention of the right to
adequate housing. However, other provisions such as the right to life (art. 4) and the right to
physical and mental health (art. 16) arguably provide a basis for the assertion of the right to
housing. However, the Protocol to the African Charter on Human and Peoples' Rights on the
Rights of Women in Africa (2000) (article 16) explicitly describes women’s right to equal
access to housing and acceptable living conditions.

Page 19 of 53


3.2. Substance of the Right
The substance of the right to adequate housing is drawn from Article 11 (1) of the ICESCR.
Moreover, the CESCR in its sixth session, in 1991, has adopted a detailed General Comment on
article 11(1) of the Covenant dealing with the right to adequate housing.62 The following
sections are developed on the basis of this Comment (the full text has been annexed).

3.2.1. Meaning of ‘adequate’ housing
The key term in the understanding of the right to housing in the meaning of article 11(1) is
adequacy (paragraph 7). While acknowledging that social, economic, cultural, climatic,
ecological and other factors, in part, determine adequacy, the CESCR identified the essential
components of adequacy (paragraph 8). These are:

Legal security of tenure. Security of tenure means that all people in any living
arrangement possess a degree of security against forced eviction, harassment, or
other threats. States are obliged to confer this security legally.

Availability of services, materials, facilities and infrastructure. To ensure the health,
security, comfort, and nutrition of its occupants, an adequate house should have
sustainable access to natural and common resources, safe drinking water, energy for
cooking, heating and lighting, sanitation and washing facilities, means of food
storage, refuse disposal, site drainage and emergency services.

Affordability. Affordable housing is housing for which the associated financial costs
are at a level that does not threaten other basic needs. States should take steps to
ensure that housing costs are proportionate to overall income levels, establish
subsidies for those unable to acquire affordable housing, and protect tenants against
unreasonable rent levels or increases. In societies where housing is built chiefly out of
natural materials, states should help ensure the availability of those materials.

Habitability. Habitable housing provides the occupants with adequate space, physical
security, shelter from weather, and protection from threats to health like structural
hazards and disease.

Accessibility. Adequate housing must be accessible to those entitled to it. This
includes all disadvantaged groups of society, who may have special housing needs
that require extra consideration.

Location. The location of adequate housing, whether urban or rural, must permit
access to employment opportunities, health care, schools, child care and other social
facilities. To protect the right to health of the occupants, housing must also be
separated from polluted sites or pollution sources.

62
CESCR, General Comment 4, The right to adequate housing (Art. 11, para. 1 of the Covenant)
(Sixth session, 1991), Compilation of General Comments and General Recommendations
Adopted by Human Rights Treaty Bodies, UN Doc. HRI/GEN/1/Rev.1 at 53 (1994).
Page 20 of 53


Cultural adequacy. The way housing is built, the materials used, and the policies
supporting these must facilitate cultural expression and housing diversity. The
development and modernization of housing in general should maintain the cultural
dimensions of housing while still ensuring modern technological facilities, among
other things (paragraph 8).

This is also highlighted by other sources such as the Commission on Human Settlements'
Global Strategy for Shelter to the Year 2000 (1998) which provides a definition of adequacy
referring to "... adequate privacy, adequate space, adequate security, adequate lighting and
ventilation, adequate basic infrastructure and adequate location with regard to work and basic
facilities - all at a reasonable cost."

3.2.2. Holders of the right
The CESCR has stated categorically that the right to adequate housing applies to everyone by
clarifying that the term "himself and his family" in the wording of the provision does not
impose "any limitations upon the applicability of the right to individuals or to female headed
households or other such groups. Thus, not only is the concept of ‘family’ to be understood
in a wide sense, individuals, as well as families, are entitled to adequate housing regardless of
age, economic status, group or other affiliation or status and other such factors. The issue of
non-discrimination has especially been given attention by the Committee (paragraph 6). On
the other hand, the Committee has stressed the need to give priority to social groups living in
unfavorable conditions, and noted that policies and laws should not benefit already
advantaged social groups at the expense of others.

3.2.3. Interrelationship with other rights
The CESCR in its General Comment has noted that the right to adequate housing is to be
defined as constituting “the right not to be subjected to arbitrary or unlawful interference with
one’s privacy, family, home or correspondence " and cannot be realized without "the full
enjoyment of other rights” (paragraph 9). The ‘other rights’ referred to in the CESCR's
General Comment 4 are rights without the enjoyment of which the fulfillment of the right to
housing is threatened or impossible. They include: the principle of non-discrimination;
freedom of expression; freedom of association; freedom of residence (and the right to
freedom of movement); the right to participate in public decision-making; and, the right to
security of person (in the case of forced or arbitrary evictions or other forms of harassment).

In addition, the right to housing provides a foundation that increases the likelihood of the
achievement of other human rights. These include: the right to family; the right to participate
in government; the right to work; the right to rest and leisure; the right to food and water;
the right to the highest attainable level of physical and mental health; the right to education;
and, the right to participate in the cultural life of the community.

Recent developments in the body of international human rights law reaffirm that the right to
adequate housing is guaranteed to traditionally disenfranchised members of society, includ-
ing women, internally displaced persons, and refugees. In August 1998, the Sub-Commission

Page 21 of 53


on the Prevention of Discrimination and Protection of Minorities urged governments, in view
of the fact that "women’s experiences of poverty are particularly severe and prohibit women
from escaping the poverty trap," to "review their laws, policies, customs and traditions
pertaining to land, property and housing rights, [and] to amend and repeal laws and policies . . .
which deny women security of tenure and equal access and rights to land, property and
housing."63 The sub-commission has also recognized the right of refugees and internally
displaced persons to the free and fair exercise of their "right to return to [their] home and
place of habitual place of residence," while stating that "the right to adequate housing includes
the right of protection for returning refugees and internally displaced persons against being
compelled to return to their homes and places of habitual residence."64

3.3. Implementation of the Right
When a State ratifies any binding international agreement it takes on obligations under
international law to implement it. Generally, the basic obligations of States Parties to an
international instrument relate to three mutually supporting obligations: obligation to
respect, obligation to protect and obligation to fulfill. However, most agreements
complement this international law framework on the obligations of states by incorporating
specific provisions on measures of implementation.

3.3.1. Obligations of States
State obligations vis-à-vis the right to adequate housing are frequently misunderstood. They
do not mean that the state is required to build housing for the entire population, or that
housing should be provided free of charge to the populace, or even that this right will mani-
fest itself in the same manner in all places at all times. Rather, recognition of the right to
housing by a state means the State:

undertakes to endeavor by all appropriate means to ensure that everyone has access
to affordable and acceptable housing;

will take a series of measures which indicate policy and legislative recognition of each
of the constituent aspects of the right to housing; and,

will protect and improve houses and neighborhoods rather than damage or destroy
them.

The essential elements of the state’s obligation to implement all ESC rights (including the
right to adequate housing) are encapsulated under article 2(1) of the ICESCR.

It stated that, regardless of their level of development, states must take certain steps im-
mediately to guarantee the right. One such step is monitoring to ascertain the full extent of
homelessness and inadequate housing within its jurisdiction (paragraph 10). Moreover, the
CESCR has, while acknowledging that economic crises arising from external factors may have

63
SC Res. 1998/15, UN Doc. E/CN.4/Sub.2/RES/1998/15 (21 Aug. 1998)
64
SC Res. 1998/26, UN Doc. E/CN.4/Sub.2/RES/1998/26 (26 Aug. 1998)
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a bearing on the right, has stressed that "the obligations under the Covenant continue to
apply and are perhaps even more pertinent during times of economic contraction" (General
Comment 4, paragraph 11). It would be inconsistent with obligations under the Covenant if
living and housing conditions decline because of policy and legislative decisions taken by
states parties. It also identified the adoption of a national housing strategy as an important
step.

In addition, article 2(2) of the Covenant prohibits discrimination of any kind as to race, color,
sex, language, religion, political or other opinion, national or social origin, property, birth or
other status, in the exercise of the rights enunciated in the Covenant. This provision can and
should be used as the basis for addressing several institutional, legal and cultural barriers to
access of women to land and housing.

A substantial proportion of international assistance should be devoted to creating conditions
leading to a higher number of persons being adequately housed. The CESCR also stressed
that "international financial institutions promoting measures of structural adjustment should
ensure that such measures do not compromise the enjoyment of the right to adequate
housing" (paragraph 19).

3.3.2. Legal Strategies
Housing rights are determinate and justiciable. Direct arguments in support of the right to
adequate housing can be founded on legally binding provisions contained in international,
regional or national laws. The CESCR has stated that many elements of the right to adequate
housing are consistent with domestic legal remedies. It has identified the following areas in
which the domestic legal system could play a role in safeguarding the right to housing:

(a) Legal appeals aimed at preventing planned evictions or demolitions through the
issuance of court ordered injunctions;

(b) Legal procedures seeking compensation following an illegal eviction;

(c) Complaints against illegal actions carried out or supported by landlords
(whether public or private) in relation to rent levels dwelling maintenance, and racial
or other forms of discrimination;

(d) Allegations of any form of discrimination in the allocation and availability of ac-
cess to housing; and

(e) Complaints against landlords concerning unhealthy or inadequate housing
conditions. In some legal systems it would also be appropriate to explore the
possibility of facilitating class action suits in situations involving significantly
increased levels of homelessness.

In addition to seeking enforcement of rights by using standards directly related to the right
to housing, cases can be filed using derivative claims. For example, the right to adequate
housing may be implied from express guarantees of other rights (e.g., the right to life, pri-
Page 23 of 53


vacy of the home, right to family life) that are generally recognized as basic civil and political
rights.

3.3.3. Non-legal strategies
Legal strategies should be combined with other strategies to ensure the full realization of the
right to housing. Effective guarantees of housing rights require consultation, dialogue, nego-
tiation and compromise rather than coercion, force, repression and exclusion. Support-
based strategies that recognize the role of the informal sector in the creation of housing
must be developed and implemented. In the final analysis, the full realization of the right to
adequate housing would depend on the extent of awareness and action taken for ensuring
its enjoyment. Other key strategies for action on the right to adequate housing may
include: research; education; monitoring; mobilization; participation (neighborhood
networks); negotiation; constituency building; intersectoral collaboration; development of
model national housing plans; and budget analysis.

3.4. Approaches to Homelessness
Although most states do not stipulate a clear right to housing, they do have legislation and
national programs related to housing. In fact, UN-Habitat reports that 75% of the world’s
countries have constitutions or national laws that promote the full and progressive
realization of the right to adequate housing. Legal protections of the right to housing at the
national level often involve arbitrary eviction, safety and health regulations, or equal
protection and non-discrimination issues.

In many countries housing policy is oriented around securing the affordability of housing,
which is an issue for both potential homeowners and renters. According to UN-Habitat’s
State of the World’s Cities (2001), households in cities of developing countries need an
average of 12.5 times their annual income to buy a house. The highest rents exist in the
Middle East, where a household spends an average of 45% of its monthly income on rent. The
creation of affordable housing generally involves Governments subsidizing the cost of
building new housing, stabilizing rent, or offering loans or credit at a low-interest rate.
Eligibility for public or subsidized housing is usually determined by a low income, and demand
is especially high in urban areas.

Citizens who feel the satisfaction of their right to housing is in jeopardy may pursue a variety
of legal and non-legal strategies to assert their rights. Legal strategies include legal appeals
to prevent planned evictions or demolitions through court-ordered injunctions, legal
procedures to obtain compensation following an illegal eviction, complaints against illegal
actions carried out by landlords in relation to rent levels, maintenance, or discrimination,
allegations of discrimination in the allocation or availability of housing, complaints about
unhealthy or inadequate housing and class action suits related to significantly increased
levels of homelessness.

Most states have programs designed to address the immediate issues of homelessness,
although these programs are usually operated on a local level. Homeless shelters and
temporary housing provide shelter for those in need as well as other services such as
Page 24 of 53


counseling, job training, and advocacy to help people move towards a position from which
they can obtain and maintain their own housing. Most governments also have plans and
programs for aid to victims of natural disasters who have lost their homes. The following
table summarizes the range of often overlapping approaches adopted by States to tackle
homelessness. While the reference here is to national responses in the industrialized
societies of Europe, some lessons could be drawn and contextualized in the developing
nation context.

Table 3: Approaches to Homelessness
Designation Short Description Elements of the Approach
Evidence-based A good understanding of the Monitoring and documentation of trends in
problem of homelessness is homelessness and numbers of homeless people,
key to developing effective and development of appropriate indicators
policies Research and analysis on the causes of and
solutions to homelessness should complement
monitoring and documentation
Regular revision of policies is necessary and
most effective with a sound understanding of
homelessness.
Comprehensive includes policies on Emergency services are a crucial first step to
emergency services and prevent people from living on the street for long
resettlement of people who periods
are homeless, and on the Integration should be the objective for all
prevention of homelessness people who are homeless and should be
adapted to the needs and potential or the
individual person who is homeless
Prevention – both targeted prevention
(evictions, discharges from institutions) and
systemic prevention (through general housing,
education, and employment policies) are
necessary.
Multi- Homelessness is Integrating housing, health, employment,
dimensional acknowledged to be a education and training and other perspectives in
phenomenon requiring a homeless strategy, since the routes in and out
solutions based on multi- of homelessness can be very diverse
dimensional approaches Interagency working and general cooperation
with other sectors as a vital component of every
effective homeless strategy since homelessness
cannot be tackled in a sustainable way by the
homeless sector only
Interdepartmental working between relevant
housing, employment, health and other
ministries is crucial for developing effective
strategies to tackle homelessness, and to avoid
negative repercussions of policies developed in
different fields.
Rights-based promotes access to decent, Use of international treaties on housing rights as
stable housing as the a basis for developing a homeless strategy

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indispensable precondition for Focus on enforceable right to housing to ensure
the exercise of most of the the effective exercise of the right to housing
other fundamental rights Acknowledgement of the interdependence of
housing and other rights such as the right to live
in dignity, the right to health.
Participatory cooperation with service Involvement of all stakeholders (namely service
providers is crucial given their providers, service users and public authorities)
expertise on how to tackle the in policy development and evaluation is
problem, and entails important for pooling all expertise and capacity
participation available aiming to tackling homelessness
Involvement of all stakeholders in implementing
policy through a coordinated effort is the best
way to achieve the objectives of any homeless
strategy
Participation of people experiencing
homelessness should be used for the
improvement of service quality and
policymaking.
Appropriate consultation structures should be
created to take real account of the experience
of people who are homeless.
Statutory aims to underpin homeless A legal framework at national level/regional
strategies with legislation level, which allows for consistency and
accountability in implementation of homeless
policies
Statutory aims and objectives serve to
effectively monitor and evaluate policy
progress.
Sustainable create a genuinely sustainable Adequate funding is crucial for any long-term
approach leading to strategy to tackle and end homelessness
sustainable solutions Political commitment at all levels (national,
regional and local)
Public support generated through information
and awareness campaigns.
Needs-based policies should be developed The needs of the individual are the starting point
according to existing needs of for policy development on the basis of regular
the homeless than structural needs surveys and by means of individualized
needs of organisations integration plans
Appropriate revision of homelessness policies
and structures is necessary on a regular basis.
Pragmatic Realistic and achievable adequate research to understand the nature and
objectives are necessary and scope of homelessness, needs of the homeless,
possible evolution of the housing and labour market and
all other related areas
A clear and realistic time schedule with long-
term targets as well as intermediate targets.
Bottom-up developing policy responses Importance of local authorities for the
to homelessness at local level implementation of homeless strategies through
(within a clear national or a shift towards greater involvement, more
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regional framework) responsibility and more binding duties at local
level
Bringing service delivery closer to people who
are homeless with local authorities in a strong
position to coordinate partnerships between all
relevant actors in the fight to end homelessness.
Source: FEANTSA, Ending Homelessness: A Handbook for Policy Makers, 2010

The key lesson here is that the issue of homelessness should be achieved at two mutually
supportive levels: measures to realize the right to adequate housing, and measures to
address the impacts of homelessness. The first seeks to address the structural needs for
housing and social infrastructure for the very poor, to prevent the occurrence of
homelessness. The shortage of suitable housing is often the root causes of homelessness
among households in developing countries. In many countries, there are just too few
dwellings for everyone and this hits poorer households hardest as they miss out in the
market. There is, thus, a need for much more housing as the priority. There is usually also a
need for more housing of a type that the poorest households can afford. It should be: cheap;
built in labour intensive technologies to provide lots of work; situated close to sources of
work, and serviced to a minimum level to keep costs down.

The second, on the other hand, involves measures to protect, assist and bring those who are
currently homeless back into mainstream society. The logical starting point for interventions
targeting the homeless is establishing a system whereby their legal identity could be
ascertained. Once this is achieved, one could proceed to protecting their safety and making
services accessible to the homeless. The following are some immediately identifiable
65
interventions to this end:

Decriminalizing street sleeping and other behavior arising out of homelessness;

Establishing and maintaining public water and sanitation points around cities to
improve the health of street sleepers;

Making available security ‘lockers’ for their belongings to reduce vulnerability to
crime;

Setting up places of safe refuge for abused women and children to reduce rape and
sexual abuse; and,

Provision of accessible social, medical and legal support.

Though the importance of shelter of some type is obvious, this need not mean building
special accommodation or night shelters. It may be sufficient initially to help people move

65
Dr A. G. Tipple and Suzanne Speak, The Nature and Extent of Homelessness in Developing
Countries, Global Urban Research Unit (GURU), University of Newcastle upon Tyne, DFID
Project No. R7905, 2003
Page 27 of 53


just one step up from sleeping rough, for example by providing some bedding, water and
sanitation, to make life on the streets safer, more comfortable and more dignified. Where
empty buildings are available, legitimizing their use as shelters and centers for the provision
of additional support services could be considered.

Interventions to support homeless women and children must begin with work to change the
culture of family abuse and violence which is so often the cause of their homelessness. In
practical terms, what is needed for many homeless women in developing countries is safe
refuge and support to prevent them having to turn to crime, begging or prostitution, or new
violent relationships in order to feed their children.

For any such intervention to be successful in supporting homeless people or reducing
homelessness there needs to be a culture of care and support. It is vital that all key actors
include homeless people in planning and implementing programs aimed at improving their
situation. Another important consideration is the involvement of key stakeholders, especially
current and potential service providers in decision-making at the policy and legislative levels
as well as the design and implementation of national programs led by mandated government
institutions. Through NGOs and individuals, policy makers can learn of the priorities of
different groups of homeless people and respond in a targeted way to their differing needs
for shelter, security and services.

Page 28 of 53


4. Responses to Homelessness and its Impacts in Ethiopia

4.1. Ratification of International and Regional Human Rights Instruments
Ethiopia is a signatory to the UDHR and has ratified the major international and regional
human rights instruments including the International Covenant on Economic, Social and
Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on
the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination
against Women (CEDAW) and the African Charter on Human and peoples’ Rights.

Table 4: Major Human Rights Instruments Ratified by the Government of Ethiopia
Instrument Date Ratified
The International Covenant on Economic, Social and Cultural Rights June 11, 1993
The International Covenant on Civil and Political Rights June 11, 1993
International Convention on the Elimination of All Forms of Racial June 23, 1976
Discrimination
Convention against Torture and other Cruel, Inhumane or Degrading March 14, 1994
Treatment
Convention on the Elimination of All Forms of Discrimination against September 10,
Women 1981
Convention on the Rights of the Child May 14, 1991
African Charter on Human and Peoples’ Rights June 2, 1998
These instruments set down international standard for the protection and promotion of
human rights, including the right to adequate housing. (See previous chapter)

4.2. Constitutional Recognition of the Right to Adequate Housing
The 1995 Constitution of the Federal Republic of Ethiopia has an in-built mechanism of
incorporating international laws as it has provisions which makes all international
agreements ratified by Ethiopia part of the law of the land. Article 13/2 of the constitution has
a specific provision for international human rights instruments such as the UNCRC, UNDHR,
ICCPR, and ICESER which also provide standards for the interpretation of the Constitution in
matters related to fundamental human rights. Ethiopia is also a party to the ICESCR that
contains explicit provision for the right to adequate housing. According to the Constitution
this international human rights instrument is part of the law of the land. Hence the rights
contained in the Convention constitute the legal framework for the right to housing.

The Constitution provides for the right to property including immovable property on land.
Although the Constitution does not contain an explicit article guaranteeing the right to
housing, it contains provisions under which the right is included. The Constitution states that
the state has the obligation to allocate increasing resources to give to the public social
services including education and health. It is no doubt that the right to housing falls under
this open ended provision. Moreover, the Constitution, under the social objectives set to be

Page 29 of 53

Ghetnet metiku ehrc homelessness & right to adequate housing

Ghetnet metiku ehrc homelessness & right to adequate housing

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