HRC58: Securing Homes, Upholding Dignity
The 58th Session of the Human Rights Council
24 February - 4 April 2025
Item 3: Interactive Dialogue with the Special Rapporteur on Adequate Housing
7 March 2025
By Charlize Chen / GICJ
Executive Summary
In the interactive dialogue with Mr. Balakrishnan Rajagopal, the Special Rapporteur on adequate housing, delegates spoke on the importance of housing as a component of the right to an adequate standard of living. The Special Rapporteur first elaborated on the challenges faced by migrants crossing international borders, including refugees and asylum-seekers, in exercising their right to adequate housing. He also discussed how migrants in transit often endured extremely precarious living conditions, such as residing in informal camps, makeshift settlements, abandoned buildings, train stations, and other public spaces. They continue to be victims of discriminatory anti-migrant policies, racism, and xenophobia that push them farther to the margins of society.
In response to the Special Rapporteur’s concerns, country representatives, speakers, and NGOs called for recommendations to improve access to adequate housing for all migrants and for a global political response. These speakers conceded that it is refugees, asylum-seekers, and other migrants who are among the groups most likely to suffer violations of the right to adequate housing, far from being those who contribute to creating housing crises. Based on the commentary of representatives, the Special Rapporteur responded to the dialogue and reiterated the call for adequate housing without discrimination for all migrants, regardless of documentation.
Geneva International Centre for Justice (GICJ) supports the Special Rapporteur’s report on adequate housing and the collaboration of the international community on a multilateral strategy to address migration, including the development of shelter and housing policies, programs, and implementation frameworks to aid migrants at risk of marginalisation. GICJ also endorses the adoption of national housing strategies that are inclusive of the needs of all migrants. Additionally, GICJ encourages public and private actors to treat migrants with understanding, demonstrating a strong commitment to grant them a place of residence without discrimination or judgment.
Background
Summary of the Report of the Special Rapporteur
The Report of the Special Rapporteur, submitted under Human Rights Council resolution 52/10, emphasises secure housing as a fundamental component of the right to an adequate standard of living. Through examples of housing crises worldwide, the Special Rapporteur highlights the challenges faced by migrants crossing international borders, including refugees, asylum seekers, and victims of human trafficking. He underscores that everyone is entitled to this right on equal grounds. However, migrants continue to experience significantly worse housing conditions than nationals and remain vulnerable to discriminatory anti-migrant policies, racism, and xenophobia, which push them further to the margins of society.
Recalling international standards at the intersection of housing and migration, the Special Rapporteur examines the barriers migrants face and suggests strategies that have successfully addressed many of these challenges. The report offers recommendations to improve migrants’ access to adequate shelter and calls for a coordinated global response, urging the international community to uphold its commitments and ensure sufficient housing for all.
Displacement
Refugee camps, initially established as temporary solutions, often become long-term residences as displacement becomes protracted. Two-thirds of refugees worldwide have been displaced for over five years. Despite provisions in the 1951 Convention granting freedom of movement to refugees, 22% of refugees live in camps, where they are often subject to significant restrictions on their movements and barred from leaving the camp.
In Ethiopia, over 900,000 refugees reside in camps, although recent government policies have facilitated out-of-camp options, allowing more refugees to move to towns and cities. Refugees in the Aysaita camp, depending mainly on humanitarian aid, struggle with a lack of adequate shelter and employment as well as hunger. In Jordan, which hosts over 600,000 Syrian refugees, residents of the Zaatari camp face inadequate shelter, limited mobility, and insufficient healthcare and food.
Additionally, Palestinian refugees in the Al Mahatta camp in Jordan have faced repeated eviction threats since 1976 due to a road expansion project, culminating in eviction notices served in 2024. Finding stable housing remains a significant challenge for refugees transitioning out of temporary accommodation. In some countries, recognized refugees gain access to social housing, although long waiting periods are common.
Homelessness
Migrants experience homelessness at disproportionately high rates. They may also lack access to information about sheltering due to language barriers and a lack of social networks, further complicating their already precarious situation. Those who end up living on the streets are exposed to various vulnerabilities, including the risk of being targeted in encampment sweeps, which repeatedly leave them without shelter.
In addition to homelessness, migrants also often live in hazardous conditions, exposing themselves to great risk. A tragic example occurred in Johannesburg, South Africa, where a devastating fire broke out in a neglected five-story building, killing 76 out of 400 residents. Special procedures expressed concern that many similar informally occupied buildings in South Africa could face similar dangers, endangering the lives of migrants. Moreover, studies have shown that migrant groups, especially asylum-seekers, are disproportionately criminalized for life-sustaining activities, such as sleeping in public spaces. The enforcement of laws relating to homelessness and poverty can have severe consequences for migrants, including deportation, permit restrictions, and harsher criminal penalties due to their immigration or refugee status.
Discrimination
Politicians frequently blame migrants, whether they are refugees, asylum-seekers, or labour migrants, for worsening housing conditions in destination countries. Additionally, they often exploit such narratives for political gain, feeding anti-migrant and anti-refugee rhetoric that influences laws and policies at the local, regional, and national levels. Such rhetoric has contributed to a marked increase in hate speech and hate crimes against migrants, negatively affecting their right to housing.
For instance, while Canada has been a global advocate for balanced migration narratives, politicians have used immigrants as scapegoats for the country’s housing crisis, which has reportedly fuelled hate crimes against visible minorities. Leading politicians from India have called migrants from Bangladesh “termites”, with such language contributing to the creation of a climate of hate speech, mob attacks, lynchings, and punitive demolitions of homes against Muslim minorities. In some countries, including the Netherlands and the United States, anti-migrant rhetoric has been used by leading politicians to win elections, which often turn on campaigns focusing on how to address housing crises.
Risks of Mass Detention
Countries have increasingly resorted to mass detention, expulsion, and forced removal of migrants, reflecting a troubling shift in attitudes toward them. In 2021, special procedures condemned Tunisia's expulsion of migrants to the Libyan border, where they were left stranded without shelter, food, or medical assistance. In Pakistan, the Illegal Foreigners’ Repatriation Plan, announced in 2023, has put 1.4 million Afghan refugees at risk of expulsion to Afghanistan and has led to harassment, detention, unlawful deportation, and the demolition of homes. Special procedures have expressed alarm at this development, which constitutes a blatant violation of international refugee and human rights law and poses a specific risk to women and child migrants.
Interactive Dialogue
Opening Statements
In his opening statement, the Special Rapporteur expressed concern over the lack of adequate housing for migrants, particularly drawing attention to the impact of the destruction of homes and civilian infrastructure, which he recognizes as a crime against society. He pointed to the dire situation in Gaza, where very few tents are available, children are dying from hypothermia, and all humanitarian aid has been halted by Israel.
The Special Rapporteur described this as part of an ongoing “genocidal campaign” and stressed the urgency of ending the illegal occupation, which violates fundamental principles of international law. On a larger scale, he asserted that armed conflicts in many countries and deteriorating social conditions contribute to internal displacement and cross-border migration flows. He also spoke out against the anti-migrant and anti-refugee rhetoric that scapegoats migrants for housing insecurity. Politicians in the Global North now blame migrants for their housing crises, yet the Special Rapporteur challenged this narrative by bearing witness to the precarious housing situations faced by refugees themselves.
He emphasised that under Sustainable Development Goal (SDG) 10-7-2 on migration policies, everyone is entitled to the right to adequate housing. However, silent procedures leave refugees suffering, and ships and hotels fail to meet their needs. Prolonged detention leads to mental health issues, and transitioning to long-term housing is challenging due to inadequate support, poor conditions, and increased vulnerability to labor exploitation. The Special Rapporteur concluded his opening statement by stressing the need for the international community to create pathways for stable, long-term housing for migrants, acknowledging the challenges they face in securing housing. He called for a comprehensive approach to fostering socio-economic integration, transforming refugee camps, and removing barriers to migration. By doing so and recognizing the contributions migrants make to society, the Special Rapporteur contended that the world can be shaped for the better.
Participating Countries
The representative of Uzbekistan was the first to speak, welcoming the positive assessment of the country’s leadership. He expressed appreciation for the progress noted by the mandate holder at the constitutional level. In this context, Uzbekistan has made efforts to improve its legislative framework and increase transparency in housing policies. The Uzebkian government is also working to expand housing development and foster open dialogue that contributes to a better understanding and further improvement of national policy.
Furthermore, he explained how his government decree adopted in the past six months introduced measures to support low-income citizens, reducing the period for subsidy consideration from 14 days to 5 days. On 28 February, a roundtable was held in the country on judicial practice related to adequate housing, including discussions on convictions, contributions, and financing, as well as the commitment to protecting citizens’ rights, marking a further deepening of comprehensive national work in housing activities. He ended his statement by reminding the delegates that Uzbekistan intends to continue implementing joint programs to strengthen citizens' rights in housing relations and hopes to further enhance cooperation with UN special procedures.
Next, the representative of Kuwait took note of the report submitted by the Special Rapporteur, expressing strong support for adequate housing. He emphasized that housing is a key element of policies aimed at promoting sustainable welfare. The delegate also argued for a balanced and fair approach to tackling this complex housing crisis, recognizing the challenges faced by each country. It is important, he stated, for the Special Rapporteur to base his report on relevant and up-to-date research and adopt a comprehensive approach to providing housing in different countries.
The delegate of Finland, speaking on behalf of the Nordic-Baltic countries, expressed concern over the fact that many people have been inadequately housed throughout history. Homelessness, she noted, can lead to the loss of other human rights and violations of the right to adequate housing. Shelter and housing policies must be tailored to meet the specific needs of marginalized groups. She also encouraged civil society's role in advocating for housing security, urging civilians to organize protests for changes in housing laws or working on local initiatives to provide immediate relief to those facing housing insecurity.
The representative of the European Union highlighted the housing crisis affecting migrant communities. Rental prices have increased by 18% between 2010 and 2022, and the cost of buying a home has risen by 50%. These rising costs make it more difficult for those facing housing insecurity to secure adequate housing. The speaker pressed for the need to ensure that efforts to address the housing crisis benefit all people without discrimination.
The representative of Paraguay welcomed the report from the Special Rapporteur and the strategies outlined to address the challenges migrants face in accessing adequate housing. He also reiterated the vulnerabilities migrants face, particularly social protection models, extreme poverty, and a lack of housing. Furthermore, he requested that states respond to these issues by adopting appropriate measures, calling for a comprehensive global strategy based on a human rights approach to tackle these challenges.
Next, the spokesperson for Germany aligned with the EU statement, emphasising that 1.6 billion people around the world do not live in adequate housing, with a particular focus on the negative impacts of poor housing. She accentuated the need to increase disaster preparedness and reduce housing loss. The spokesperson also introduced Germany’s Urban Innovation Initiative, which works with partner countries in Africa to ensure access to adequate housing, providing housing to more than 3.5 million refugees.
The delegate of Jordan affirmed that refugees are regulated by international law, with the first principle being the shared responsibility of hosting countries. He noted that host countries, including Jordan, are making significant efforts. Jordan has implemented the necessary policies and has worked on providing affordable housing, adopting a comprehensive approach to addressing these issues. The delegate also clarified the importance of enhancing international cooperation to ensure a decent life for all.
The representative of Morocco acknowledged the country’s role as a host for many refugees. He referenced SDG 11 and stressed the sustainable solution approach based on international standards to meet the needs of refugees. He also noted that Morocco provides 99% access to electricity to it’s citizens, a promising practice mentioned in the report. The representative highlighted Morocco’s commitment to ensuring access to fundamental rights for all.
The delegate of Iraq reiterated the current crisis and challenges, particularly the displacement caused by the invasion of Iraq. Nevertheless, the representative reports that Iraq has been working on developing housing projects to address these issues. For example, the Prime Minister has launched an initiative to provide housing units and social security, with a focus on the principles of equality to ensure adequate housing for all Iraqis. As a host country for refugees and migrants, he recognised the importance of a robust policy framework and the need for alternative forms of accommodation to address the challenges faced in promoting and protecting housing rights.
The representative of China recognised the report and expressed commitment to its principles. He stated that the benefits of economic and social development should be shared by all. The Chinese government is dedicated to ensuring this right and has made new progress in both urban and rural areas, increasing the supply of affordable housing. He urged certain countries to fulfill their responsibilities and to respect and protect the rights of all individuals.
The delegate of Egypt observed the international housing crisis and shared concerns regarding students who lost their housing after speaking out against the war in Gaza. He reminded the other speakers of the importance of equal opportunities and the right to healthy housing without discrimination. He also mentioned that Egypt has allocated 9.9 billion to develop safe alternatives for those affected.
Afterward, the representative of the State of Palestine spoke, calling attention to the fact that Israel's destruction in Palestine is not an accident but a systematic action, leaving thousands without shelter. Facilities have been demolished after 17 months of aggression, with many targeted repeatedly. Thousands of bodies remain buried under the rubble, and 203 staff members have been killed, with 800 facilities targeted, signifying that perpetrators must be held accountable.
After several countries spoke, the Special Rapporteur provided answers and comments on the existing discussion. He affirmed that a key issue in rights-based policy design is fostering a stronger connection between housing and migration policies. He encouraged states to closely examine the role of civil society and the importance of real participatory housing and urban planning. He reiterated that these factors are crucial to ensuring that marginalised groups can have a voice in decision-making processes. The Special Rapporteur offered advice by spotlighting best practices, starting with the elimination of the barriers migrants face in accessing social housing. The housing crisis must be addressed as it is closely tied to the root causes of migration. People flee when these root causes overwhelm them, and they must leave to save themselves.
Non-Governmental Organisations
Delegates of Non-Governmental Organisations (NGOs) remark on the establishment of administrative bodies and procedures to address complaints from families affected by housing issues, with a particular focus on prioritizing the needs of individuals with disabilities and older persons. However, they asserted that internally displaced persons (IDPs) continue to be a significant concern worldwide. The criminalisation of homelessness is on the rise, with 1.5 million people facing forced eviction since 2020. This growing criminalisation, especially the zero-tolerance eviction movement, is deeply concerning.
NGOs also drew attention to the lack of essential infrastructure and access to social services, which further restricts access to housing. Additionally, land organization policies by Israel have led to the destruction of 92% of housing units, disproportionately affecting women and girls, particularly domestic care workers who are vulnerable to poverty. These conditions heighten vulnerability to health risks and gender-based violence.
Most importantly, NGOs emphasised that words alone will not resolve the housing crisis. The implementation of programs aimed at improving the lives of immigrants, constructing new housing settlements, and providing community and international support is essential. States must take concrete steps to uphold the dignity of all migrants and ensure their access to adequate housing.
Concluding Remarks
In his closing remarks, the Special Rapporteur reiterated the need for mechanisms to address the global housing crisis, stressing that this responsibility lies with the entire international community. He made note of the importance of a regularisation path, observing that a significant number of migrants are congregating in specific areas. The Special Rapporteur advocated for an approach that emphasises integrated settlement planning, rather than a haphazard or disjointed approach. He called for refraining from blaming migrants for the crisis, urging the international community to be honest about the root causes and to resolve these issues in good faith. He also reminded that not all cross-border migration is driven by local factors, underscoring that the principle of shared responsibility is fundamental to addressing the crisis.
Position of Geneva International Centre for Justice
Geneva International Center of Justice (GICJ) supports the Special Rapporteur’s proposal for a multilateral strategy to address migration based on inclusive housing policies that protect the rights of all persons, whether or not they are citizens. All efforts must be made to build on those gains, consistent with international human rights standards and the Sustainable Development Goals.
GICJ promotes a human rights-based approach to migration policies and programs, emphasising the need for regular and orderly migration pathways that fully protect and prioritise family reunification and children's rights. Central to this approach is the full respect for the right to adequate housing. GICJ emphasises that shelter and housing policies must address the specific needs of migrants at risk of marginalization, considering factors such as age, sex, gender, disability, and cultural heritage. Additionally, GICJ encourages strengthened international cooperation and responsibility-sharing at regional and global levels, including active engagement from the private sector. Ultimately, GICJ remains committed to building a just and equitable future where housing security is a fundamental right guaranteed to all.
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