Tibetan Centre for Human Rights and Democracy

Publications

Annual Report 2001

Right to Housing - Notes

1. Article 11(1) of the ICESCR

2. The concept of adequate housing has been clarified by the Committee on Economic, Social and Cultural Rights over the last decade. The Committee took into account not just the ICESCR but also provisions of the ICCPR regarding the right not to be subjected to arbitrary or unlawful interference with one’s home, and the right to freely choose one’s residence. The Committee identified seven aspects of the right to adequate housing:These principles appear in Paragraph 8, The Committee on Economic, Social and Cultural Rights, General Comment No. 4 (1991) “The Right to Adequate Housing,” UN Doc E/1992/23; they are summarised from “Report of the Special Rapporteur on Adequate Housing as a Component of the Right to an Adequate Standard of Living”, UN Doc E/CN.4/2001/51, para 25

3. Statement made in the preparatory meeting of the 1996 UN Conference on Human Settlements (Habitat II) in Istanbul; quoted in International Commission of Jurists, Tibet: Human Rights and the Rule of Law, December 1997, p.221

4. Committee on Economic, Social and Cultural Rights General Comment No. 7 (1997) ”Forced Evictions”, UN Doc.E/1998/22. Annex IV

5. UN Commission on Human Rights “Resolution 1993/877 on Forced Evictions” UN Doc E/CN.4/1993/65/122

6. Committee on Economic, Social and Cultural Rights, General Comment No. 4 (1991) “The Right to Adequate Housing,” UN Doc E/1992/23Article 13 of the Constitution of the PRC

7. Article 13 of the Constitution of the PRC

8. Article 10 of the Constitution of the PRC

9. Article 39 of the Constitution of the PRC

10. Article 41 of the Constitution of the PRC

11. See Chapter on Freedom of Religious Belief and Practice

12. ibid.

13. The government admits the demolition of 1,875 huts, but eyewitnesses state that the number is much greater than that. See case study 1, Appendix to Chapter on Freedom of religious belief and practice. For further details see TCHRD, Destruction of Serthar Institute, December 2001

14. ibid.

15. ibid.

16. See case study 2, Appendix to Chapter on Freedom of religious belief and practice; TCHRD Interview 5/442, October 2001

17. ICT, Nuns and Monks Forced to Demolish Own Housing, 14 November 2001, www.savetibet.org

18. United Nations Comprehensive Human Rights Guidelines on Development-Based Displacement, UN Doc. E/CN.4/Sub.2/1997/7

19. UN Doc.E/CN.4/Sub.2/1997/7, Annex

20. See Chapter on The Right to Livelihood

21. TCHRD Interview 5/435, 25 October 2001

22. TIN, Dramatic transformation of Lhasa planned; new railway station announced, 13 June 2001

23. ibid.

24. ibid.

25. TCHRD Interview 69, 29 May 2001; TCHRD Interview 13, 30 April 2001

26. DIIR Interview with Gedhun Tenzin, 3 July 1998, cited in DIIR, Tibet 2000: Environment and Development Issues, India, 2000, p.28

27. ibid.

28. See Chapter on The Right to Livelihood

29. TCHRD Interview 45, 20 March 2000

30. Destruction by Design, p.38

31. For example villages in Derge County in Karze “TAP” (TCHRD Interview 4/371, 23 January 2001); Machen county in Golog “TAP” (TCHRD Interview 4/429, 18 September 2001); Chamdo Prefecture, “TAR”, (TCHRD Interview 5/442, 29 October 2001).

32. TCHRD Interview 51, 21 November 2000

33. TCHRD Interview 5/409, 22 July 2001

34. Article 17 of ICCPR – for more information regarding freedom of movement, see the chapter on Civil and Political Rights

35. Art 5(e)(iii) ICERD

36. Article 4 of the Constitution of the PRC

37. TCHRD Interview 5/449, 22 November 2001

38. Human Rights In China, “Discrimination Against Migrant Workers: The Household Registration System”, April 2001, paper presented at the World Conference Against Racism 2001

39. Destruction by Design, p.74

40. Article 4 of PRC; Article 5(e)(iii) ICERD; Articles 2(2) and 11(1) of ICESCR

41. Destruction by Design, p.35

42. Paragraph 8, Committee on Economic, Social and Cultural Rights, General Comment No. 4 (1991) “The Right to Adequate Housing,” UN Doc E/1992/23

43. TCHRD Interview 4/370, 23 January 2001

44. Tibet 2000: Environment and Development Issues, p.46

45. Destruction by Design, p.89

46. Asia Watch, Human Rights in Tibet, 1988, Washington D.C., pp 45-46

47. Scott Leckie, Destruction by Design: Human Rights Violations in Tibet, Centre On Housing Rights and Evictions (COHRE), 1994, p. 53


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