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Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari

          
          UNIItL )
          NATIONS
          Economic and Social Distr.
          Council
          GENERAL
          E/CN.4/2006/4 1/Add.2
          21 March 2006
          Original: ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Sixty-second session
          Item 10 of the provisional agenda
          ECONOMIC, SOCIAL AND CULTURAL RIGHTS
          Report of the Special Rapporteur on adequate housing as a component
          of the right to an adequate standard of living, Miloon Kothari
          Addendum* **
          MISSION TO THE ISLAMIC REPUBLIC OF IRAN
          (19-31 July 2005)
          * The summary is being circulated in all languages. The full report, annexed to the summary,
          is being circulated in English only.
          ** In accordance with paragraph 8, section B, of General Assembly resolution 53/208, the late
          submission of this report is due to the need to reflect the latest developments.
          C
          GE.06-11930 (E) 310306
        
          
          E/CN.4/2006/4 1/Add. 2
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          Sununary
          OEe present report is submitted in accordance with Commission on Human Rights
          resolution 2004/21.
          OEe purpose of the mission to the Islamic Republic of Iran of the Special Rapporteur on
          adequate housing as a component of the right to an adequate standard of living was to examine
          and report on the status of the realization of adequate housing as a component of the right to an
          adequate standard of living, with particular attention to aspects of gender equality and
          non-discrimination. He also sought to engage in dialogue with the Government, United Nations
          and international agencies and civil society, and to identify practical solutions and best practices
          in the realization of rights related to his mandate.
          OEe Special Rapporteur commends the Government of the Islamic Republic of Iran for
          extending a standing invitation to all thematic special procedures of the Commission on Human
          Rights and welcomes the willingness of the Government to implement the right to adequate
          housing and related rights recognized in the Iranian Constitution and in human rights treaties.
          OEe report draws attention to a number of positive trends and best practices observed by the
          Special Rapporteur during his mission, such as the considerable number of governmental
          bodies carrying out work to improve housing conditions in the country, the serious attempts
          made by the Government to ensure access to water, electricity and sanitation across Iran since
          the Revolution, the emphasis given in governmental housing policies to vulnerable and
          marginalized groups, such as widow heads of household and deprived recently-married couples,
          as well as the reconstruction eLorts in Bam and preventive measures undertaken in
          disaster-prone areas.
          The Special Rapporteur also raises concerns with respect to existing obstacles to the
          realization of the human right to adequate housing. OEe challenges refer mainly to the
          prohibitive costs of housing in the country and policies and programmes which do not seem to
          result in improved access to adequate housing for the very poor. The Special Rapporteur has
          identiffied four main elements that may help to explain such failure: (a) inaccessibility of
          government credit facilities, leasing and pro-housing savings programmes to the very poor;
          (b) distortions in government incentives to large-scale builders for the production of low-price
          housing units; (c) urban bias in the planning of housing programmes; and (d) the lack of
          coordination between diLerent government branches, agencies and organizations responsible for
          implementation. In addition, the Special Rapporteur also would like to express concern for the
          continued discrimination faced by ethnic and religious minorities and nomadic groups, as
          reflected in the disproportionately poor housing and living conditions of these groups; the
          considerable number of alleged cases of land conffiscation and forced evictions; discrimination
          against women with respect to housing rights, land, inheritance and property; and the poor and
          limited quantity and quality of basic services provided to informal settlements and poor
          neighbourhoods.
          OEroughout his report, the Special Rapporteur also tries to highlight progress made
          and the potential scope for further action. He formulates a number of recommendations to
          the Government of the Islamic Republic of Iran, including: legal and administrative review
        
          
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          of the doctrine of eminent domain” that prevents individuals and groups from challenging
          State acquisition of housing and land; the development of further policies to ensure
          women's equal access to housing, land, property and inheritance; adoption of policies to
          avoid land and housing speculation and commodiffication”; further attention to historically
          marginalized provinces, such as 11am, Khuzestan and Sistan-Baluchestan; public participation
          in the elaboration of development plans and in the preparation and assessment of housing
          projects; and the reinforcement, expansion and implementation of policies aimed at groups
          in vulnerable situations and ethnic and religious minorities, such as Kurds, Baha'is, Laks
          and Arabs.
        
          
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          Annex
          REPORT OF THE SPECIAL RAPPORTEUR ON ADEQUATE
          HOUSING AS A COMPONENT OF THE RIGHT TO AN
          ADEQUATE STANDARD OF LIVING, MILOON KOTHARI,
          ON HIS MISSION TO THE ISLAMIC REPUBLIC OF IRAN
          (19-31 JULY 2005)
          CONTENTS
          Paragraphs Page
          Introduction 1 - 10 5
          I. LEGAL-INSTITUTIONAL FRAMEWORK AND MAIN
          HOUSING POLICIES 11-31 6
          A. Institutional framework 11 - 16 6
          B. Main legal provisions 17 - 21 7
          C. Main housing policies 22 - 31 8
          II. ADEQUATE HOUSING IN CONTEXT: LIVING
          CONDITIONS IN THE ISLAMIC REPUBLIC OF IRAN 32- 73 10
          A. Security of tenure 34 - 47 10
          B. Provision of basic services 48 - 51 13
          C. Affordability 52 - 60 13
          D. Accessibility - disaster prevention and reconstruction 61 - 73 15
          III. THE RIGHT TO ADEQUATE HOUSING OF SPECIFIC
          GROUPS 74- 102 17
          A. Ethnic and religious minorities and nomads 76 - 93 17
          B. Women's rights to housing, land and property 94 - 102 20
          IV. CONCLUDING REMARKS AND RECOMMENDATIONS ... 103- 106 22
        
          
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          Introduction
          1. At the invitation of the Government of the Islamic Republic of Iran, the Special
          Rapporteur on adequate housing as a component of the right to an adequate standard of living
          undertook a mission to the country from 19 to 31 July 2005.
          2. During the mission, meetings were organized with the Minister of Housing and Urban
          Development and the Minister of Welfare and Social Security; with senior offcials from the
          Ministry of Interior and Ministry of Foreign ALairs; national institutions and organizations
          such as the Management and Planning Organization, the Housing Foundation, the Welfare
          Organization, the Iranian Nomadic Organization, the Centre for Women's Participation and the
          Imam Khomeini Relief Committee; the National Red Crescent Society; the Housing Bank
          (Maskan); members of the judiciary; the Headquarters for the Execution of Jmam's Order and
          Parliament (Construction Commission); the Iranian Islamic Human Rights Commission; local
          authorities, civic and community organizations and lawyers dealing, among others, with
          women's human rights, the living conditions in disadvantaged neighbourhoods and rights of
          prisoners and victims of violence.
          3. The Special Rapporteur also met with members of the diplomatic community in
          Tehran and with the United Nations Resident Coordinator, the head of the United Nations
          Development Programme (UNDP) in the Islamic Republic of Iran, as well as representatives
          of the United Nations Children's Fund (UNICEF), the Offce of the United Nations
          High Commissioner for Refugees (UNHCR) and the World Health Organization (WHO).
          4. The Special Rapporteur places particular emphasis on the need to undertake fleld visits,
          both in urban and rural areas, in order to gain ffirst-hand understanding of diLerent types of
          accommodations enjoyed by various social groups in the country. For this reason, he visited
          diLerent neighbourhoods in and around Tehran and the provinces of Kermanshah, Kerman,
          Khuzestan, Boyerahmad va Kohgiluye and Fars. In addition, he heard testimonies on the
          housing situation in the provinces of 11am and Sistan-Baluchistan.
          5. The overall programme for the Special Rapporteur's mission was coordinated by
          UNDP-Iran with the support of the Iranian Ministry for Foreign ALairs. Non-governmental
          organizations and individual activists provided essential information for the Special Rapporteur's
          assessment of the housing situation in the Islamic Republic of Iran. The Islamic Human Rights
          Commission was instrumental in coordinating the fleld visits to Shiraz, Yassoj and Kermanshah,
          while UNHCR coordinated the visit to Ahwaz. OEe Special Rapporteur appreciates their
          assistance in setting up and carrying out the agenda for his mission. OEe Special Rapporteur
          would also like to extend his gratitude to the former Special Rapporteur on the situation of
          human rights in the Islamic Republic of Iran, Maurice Copithorne, for his support.
          6. The purpose of the Special Rapporteur's mission was to examine and report on the status
          of realization of the human right to adequate housing and other related rights in the country,
          with particular attention to aspects of gender equality and non-discrimination, with a view to
          promoting the incorporation of a human rights perspective at all levels of governance,
          policymaking and implementation.
        
          
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          7. Based on the provisions of legal instruments, the Special Rapporteur has adopted a
          working deffinition of the right to adequate housing as the right of every woman, man, youth
          and child to gain and sustain a secure home and community in which to live in peace and
          dignity” (E/CN.4/2001/5 1, para. 8). Based on the notion that all human rights are interrelated
          and indivisible, he has adopted a holistic approach to his mandate, and has sought to explore
          linkages with other related rights such as the rights to food, water, health, access to sanitation,
          work, property, the right to security of the person and security of home, and protection against
          inhuman and degrading treatment in all of his activities with a special focus on minorities and
          vulnerable or marginalized groups. The Special Rapporteur also focused particularly on women,
          pursuant to his mandate under Commission resolutions 2002/49, 2003/22 and 2005/25 on
          women's equal ownership of, access to, and control over land, and the equal rights to own
          property and to adequate housing.
          8. OEe Special Rapporteur recognizes the signifficant diffculties imposed on Iran by the fact
          that most of the country's territory is located within an earthquake-prone zone and that many
          parts of the country are constantly subject to severe drought. In addition, the eight years of war
          with Iraq resulted in massive destruction of houses and infrastructure in border areas, the impact
          of which is still a concern. Finally, the demand for housing is steadily growing as a result of
          population increase, particularly in urban areas.
          9. OEe Special Rapporteur had the opportunity to observe the concern amongst
          governmental off cials with respect to the need for improved access to housing and an apparent
          willingness to seek creative solutions to the country's housing defficit. Innovative thinking is
          being promoted in the search for sustainable plans to extend basic services to the remote areas of
          the country. OEe Special Rapporteur observed that access to utilities and basic infrastructure has
          improved in the last 20 years. Despite such positive aspects, much still needs to be done to
          enhance the quality and coverage of these civic services, to develop integrated housing policies,
          to control speculation, and to democratize access to housing loans and facilities.
          10. OEe same openness to sustainable and human rights-based solutions was not, however,
          observed with regard to issues relating to discrimination in access to housing and civic services
          for ethnic and religious minorities, or to women's rights to property, housing and inheritance.
          Although the Government has emphasized that, with respect to ownership by women, the ffigures
          from the last 10 years show a constant increase, the Special Rapporteur would like to draw
          attention to these situations as they represent obstacles to the realization of adequate housing in
          Iran.
          I. LEGAL-INSTITUTIONAL FRAMEWORK
          AND MAIN HOUSING POLICIES
          A. Institutional framework
          11. OEe Islamic Republic of Iran is a theocratic republic formed by four branches of
          Government: the Leadership, the executive, the judiciary and the legislature. OEe Leadership is
          the uppermost authority, both in terms of political and religious power, with the Leader acting as
          the Head of State.
        
          
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          12. The legislature is formed by the Guardian Council and the Parliament (Majlis).
          Legislation is approved by the Majlis, ratiffied by the Guardian Council and signed into law by
          the President. The Guardian Council is a reviewing body with the responsibility to ensure that
          all laws and regulations in the country are based on Islam, including articles of the Constitution.
          In case of disagreement between the Majlis and Guardian Council on issues relating to
          compliance with sharia or the Constitution, an Expediency Council appointed by the Leader
          decides.
          13. The judiciary consists of a Supreme Court and lower courts, divided into regular courts
          (classiffied according to their area ofjurisdiction), clerical courts, revolutionary tribunals, and the
          Court of Administrative Justice. OEis court, under the supervision of the head of the judicial
          branch, investigates and judges any complaints by regular citizens against government offcials,
          organs and statutes.
          14. The executive is headed by an elected president. Aifier the 1989 amendments to
          the 1979 Constitution, the president's powers were extended. He is today second in power
          aifier the Leader, and also coordinates the work of the executive, the legislative and the
          judiciary. OEe president is assisted by a cabinet formed by 22 ministers, including the
          Minister for Housing and Urban Development, the head of the Crusade for Construction
          (Jihad Sazandegi) and the Minister of Interior, who coordinates the work of the municipal
          councils.
          15. The Ministry for Housing and Urban Development is the main body of the executive
          responsible for the planning and implementation of housing policies. Such policies are planned
          with the technical support of the Management and Planning Organization.
          16. Some governmental and non-governmental organizations also carry out programmes with
          direct or indirect impact on housing rights. The Housing Foundation's activities focus on
          post-disaster reconstruction and prevention and on improvement of housing conditions in rural
          areas, where one of the main programmes is the documentation of real estate to facilitate
          regularization of ownership (titles). The Welfare Organization and the Jmam Khomeini Relief
          Committee have undertaken initiatives aimed at assisting women heads of households with down
          payments to access banking facilities for housing purchase and direct cash transfers for
          vulnerable groups to assist with regular household expenditure, including rent.
          B. Main legal provisions
          17. The right to a suitable dwelling is provided for in article 31 of the Constitution. In
          addition, articles 3 and 43 both state that the national economy shall have as one of its objectives
          the provision of basic necessities and the abolishment of all deprivation with respect to ...
          housing”.
          18. The Government's programme for the housing sector immediately aifier the revolution
          was, to a large extent, based in public land ownership. OEree main pieces of legislation were
          passed: the Urban Wasteland Ownership Law (1979); the Urban Land Law (1982); and the
          New Urban Land Law (1987).
        
          
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          19. OEe 1979 law provided for State ownership of all unused urban plots”, which included
          all plots larger than 1,000 square metres belonging to a same owner. OEe second law (1982)
          provided for purchase by the Government's Urban Land Organization of all urban farmland
          and abandoned” urban plots for affixed price set by the Government. OEe 1987 law extended
          the Urban Land Organization's responsibilities aifier the Iran-Iraq war, especially in aLected
          areas. Together, these three laws put a limitation on the total surface of land which a single
          owner is allowed to own, and prohibited land transactions, except those undertaken by the
          Government.
          20. OEe by-laws to the 1999 Total National Budget Law provide for ffinancial and saving
          facilities for both mass and individual constructors in order to enhance the performance of the
          national housing market. The by-laws also provide for the setting up of banking facilities for the
          purchase of housing units by the general public, with special attention to certain groups, such as
          the families of the martyrs of war.
          21. A 1997 law (176661/58280) also encourages construction and supply of housing units
          destined for rent. Special attention is given to young couples married for no longer than
          two years and families under the guardianship of women.
          C. Main housing policies
          22. OEe Special Rapporteur was impressed by the number of diLerent government entities
          involved in planning and implementing housing policies. According to information provided by
          the Majlis' Construction Committee, 25 per cent of the national development budget was
          devoted to housing programmes.
          23. OEe population in need can beneffit from a number of safety-net programmes and
          assistance from charity institutions and other non-governmental organizations, including
          the Housing Foundation, the Jmam Khomeini Relief Committee and the Welfare
          Organization. OEese programmes include direct cash transfers, housing provision and social
          security coverage.
          24. A number of housing funds were also created to beneffit speciffic groups, such as the
          Youth Housing Fund and the Labour's Housing Fund. OEe Housing Bank - Maskan Bank -
          provides loans and facilities to the housing sector, aimed at house purchase, construction and
          completion, repair and facilitation, and credit to building and construction companies.
          25. OEe years after the Revolution have seen a larger number of housing programmes aimed
          at the direct supply of housing units, mainly based in provisions set forth by the 1979, 1982 and
          1987 urban land laws. According to housing policies planned in conjunction with those laws, the
          expropriated land should be distributed to individual households to address housing shortage in
          urban areas. Later, however, government policies gradually changed, reducing the government
          role in the direct provision of housing and making the banking sector the main channel for
          housing subsidies.
        
          
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          26. Current housing policies focus mainly on State participation in the construction
          sector, with ffinance directed by the Central Bank through credit allocation and subsidies.
          Long-term loans to facilitate access to individual credit for housing purchase and construction
          set 15-20-year terms and interest rates from 17 to 19 per cent. Special leasing programmes and
          housing savings accounts have also been set up by government order.
          27. Despite measures such as subsidies for the lower-income population in lease programmes
          and the increase of low-interest credit facilities, policies and programmes do not seem to have
          resulted in substantially improved access to adequate housing for the very poor. In addition to
          the diversion of funds for non-programme purposes, the Special Rapporteur has identiffied
          four main elements that may help to explain such failure: inaccessibility of government credit
          facilities, leasing and pro-housing savings programmes to the poorest segments of the
          population; distortions in government incentives to large-scale builders for production of
          low-price housing units; a considerable urban bias in the planning of housing programmes that
          has led to unsuitable or insuffcient rural housing policies; and, the lack of coordination
          between different government branches, agencies and organizations responsible for
          implementation.
          28. Leases, loans and housing saving accounts constitute the cornerstones of aLordable
          housing policies. Loans and leasing plans require an initial down payment that normally
          corresponds to 70 per cent of the total price of the house. Similarly, access to housing saving
          accounts requires initial resource deposits normally out of range for the poorer segments of
          society. Due to the fact that large parts of the population cannot aLord down payments, initial
          deposits and loan instalments, such programmes end up beneffiting only the middle and
          upper-middle sectors of Iranian society. Studies carried out by the Management and Plan
          Organization' have conffirmed this flaw.
          29. The Special Rapporteur also received information regarding the high costs of housing
          units built as part of programmes aimed at providing incentives for construction companies to
          build aLordable housing alternatives. According to such information, major companies which
          received direct subsidies from the Government for the construction of cheap housing units were
          instead building and selling expensive apartment buildings in affuent neighbourhoods, such as
          in the northern parts of Tehran, thus distorting the objectives of the housing policy.
          30. Aifier meeting with a number of off cials to discuss housing programmes carried out by
          diLerent government bodies and organizations and aifier reviewing the main housing policies, the
          Special Rapporteur would like to express concern regarding a visible urban bias in the country's
          housing initiatives. The Maskan Bank (Housing Bank), for example, does not extend its savings
          and leasing facilities for housing purchase in rural areas. Such urban bias has resulted in a
          relative neglect in the planning and implementation of policies designed speciffically to secure
          housing sustainability in rural areas and ineLiciency in addressing the problem of migration of
          rural workers and families to cities. The section on aLordability below, further elaborates this
          point.
        
          
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          31. Finally, in spite of the multiplicity of institutions, government branches, agencies and
          organizations carrying out housing-related projects in Iran, the Special Rapporteur noted an
          absence of coordinated action. While planning their programmes, for example, such
          organizations fail to seek a clearer division of responsibilities and tasks; this situation apparently
          generates duplicity in some areas and gaps in others. The Housing Foundation, the Welfare
          Foundation and the Imam Khomeini Relief Committee, for example, all afffirmed having
          programmes destined to provide free housing to the elderly. The Special Rapporteur, however,
          interviewed a number of aged individuals living on their own who stated that they received no
          such assistance. He observed that many people and families were not beneffiting from the
          system, despite the extensive number of direct and indirect subsidies, incentives and
          welfare programmes in place. When requesting information on the causes of such failure,
          diLerent organizations normally deferred responsibility to other government branches.
          Since no clear division of responsibilities exists, monitoring appears to become a diffcult
          exercise.
          II. ADEQUATE HOUSING IN CONTEXT: LIVING CONDITIONS
          IN THE ISLAMIC REPUBLIC OF IRAN
          32. OEe Special Rapporteur has emphasized the indivisibility of human rights, including
          focusing on the civil and political rights dimensions of the right to adequate housing. OEe degree
          of respect for the right to security of the home, security of the person, the right to participation
          and privacy, are factors to be taken into consideration to ascertain the factual degree of
          realization of the right to adequate housing as a component of the right to an adequate standard
          of living. Such an approach should inform the Government's policies and actions at all levels,
          including its budgetary allocations. Housing, water, sanitation, electricity and protection from
          evictions must be addressed together while ensuring priority for women and vulnerable
          communities, guaranteeing equal access to land and property and ensuring rights to public
          participation and freedom from violence and discrimination.
          33. Adequacy of housing, as underlined by the Committee on Economic, Social and
          Cultural Rights (CESCR) in its general comment No. 4, is determined in part by social,
          economic, cultural, climatic, ecological and other factors. The Committee identiffied the
          following aspects of housing as essential in determining its adequacy”: (a) legal security of
          tenure; (b) availability of services, materials, facilities and infrastructure; (c) aLordability;
          (d) habitability; (e) accessibility; (f) location; and (g) cultural adequacy. OEe Special Rapporteur
          has expanded this list of essential elements to include: privacy and security; participation;
          freedom from violence; and access to remedies.
          A. Security of tenure
          34. According to international standards, irrespective of the kind of residence they
          occupy, individuals should be provided legal measures, including the right to security of
          the home and person, which guarantee stability in their enjoyment of the right to
          adequate housing and protection against forced evictions, displacement, harassment and
          other threats.
        
          
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          35. During his mission the Special Rapporteur identiffied security of tenure as another main
          obstacle to the realization of the right to adequate housing in Iran. A number of factors have
          contributed to this situation, as set out below.
          Ownership titles
          36. The security of a legally obtained domicile is guaranteed by law. However, according to
          testimonies received during the mission, a considerable number of families, especially in rural
          areas, do not have formal ownership titles over their houses and land. OEis situation seems to
          result from: lack of knowledge of the relevant legal provisions and applicable registry
          procedures; ownership titles are perceived as unnecessary, and the population in general seems
          to be unaware of the relation between ownership titles and security of tenure; and the tendency
          not to formally register properties in order to avoid taxes and burdensome administrative
          procedures. According to the Government, a programme of formal registration of properties is
          ongoing under the 3rd and 4th National Development Plans.
          37. In many villages visited by the Special Rapporteur, residents aLirmed enjoying
          ownership of their houses and land, based solely on the fact that such property had been with
          their families for generations, without this being supported by written documentation. Many
          villagers further affrmed that, in case of disputes, neighbours and village leaders could testify on
          their behalf
          38. It is important to highlight that the migration of large numbers of individuals and families
          to urban centres and the Government's plans for development projects on rural land may result
          in fundamental social changes in those regions. Such changes may impact on traditional
          approaches to conflict resolution, including forms of acquisition and ownership, which means
          that ownership titles appear to be necessary for tenure security in the countryside.
          Informal settlements
          39. The Special Rapporteur notes that the lack of access to aLordable housing also
          contributes to the growth of the informal housing sector and the expansion of so-called illegal
          settlements, which lack access to basic services. The number of these settlements has increased
          in recent decades, 2 to an estimated 25 to 30 per cent of urban settlements. 3 Due to the lack of
          formal ownership titles in such areas, inhabitants live under constant threat of being evicted.
          40. According to testimonies, the Government's strategy for dealing with such settlements
          has been to forcibly evict their dwellers, who in some cases have been transferred to planned
          satellite towns outside metropolitan areas. Such planned satellite towns, however, cannot absorb
          the increasing demand for low-cost housing in urban centres. The Special Rapporteur
          therefore encourages the upgrading of informal neighbourhoods and their regularization
          by urban planning authorities through proper registration.
          Forced evictions and displacement
          41. The Special Rapporteur has continuously stressed the need for Governments to cease
          the practice of forced evictions and where evictions may be necessary, to ensure that they are
          carried out in strict compliance with existing human rights standards. Forced evictions and
        
          
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          relocation have a fundamental impact on the lives and livelihoods of the people aLected,
          particularly on women and the very poor, who are often the main victims of such practices.
          Speciffic measures have been set forth by the Commission on Human Rights in its
          resolution 1993/77 and by the Committee on Economic, Social and Cultural Rights in its
          general comment No. 7 to ensure that forced evictions are only carried out as a last resort and,
          when that happens, prior notice, consultation and resettlement, among other steps, are observed
          by authorities in charge of the operation.
          42. Forced evictions carried out in informal neighbourhoods (especially in Shiraz and in
          Tehran) for upgrading projects and OEeautiffication” were brought to the Special Rapporteur's
          attention. In many such cases, no alternative housing or compensation were oLered to the
          aLected population. In addition, development projects have also allegedly caused involuntary
          displacement due to the expropriation of rural land and evacuation of inhabitants in rural
          areas, mainly to make space for large-scale agricultural plantations and petrochemical plants.
          43. In some regions, these expropriations seem to have targeted disproportionately property
          and land of religious and ethnic minorities, such as Baha'i cemeteries, but also houses. No
          participatory process or consultation has taken place before the decision by relevant authorities
          to evacuate the area. OEe expropriations are considered a form of land conffiscation by the
          aLected population, particularly since prices paid in return for land are considerably lower than
          market values.
          Property conffiscation
          44. According to information provided by the World Bank, 4 more than 30 per cent of han's
          land is under public ownership. Land expropriation policies implemented aifier the Revolution
          were aimed at redistribution and direct provision of housing to the poor (refer to the section
          above on main housing policies), resulting in land being transferred to the Government.
          According to the World Bank, much more land is acquired by public agencies on a yearly basis
          than the amount released to the intended benefficiaries of housing programmes. 5
          45. Allegations of procedural irregularities and bias against ethnic and religious minorities
          have also been raised against expropriations undertaken in the aifiermath of the Revolution, and
          many are still being contested today before the courts.
          46. OEe Special Rapporteur also received information on a substantive number of cases of
          property confiscated under the provisions of article 49 of the Iranian Constitution, according to
          which property illicitly acquired or acquired in a manner that is not in conformity with the sharia
          law shall be conffiscated and transferred to public ownership. This article is somewhat vague,
          since it does not deffine what could be considered irregular acquisition according to sharia law.
          Also, whether acquisition is illegal or not is a question open to interpretation by relevant courts.
          Some organizations and individuals providing legal aid in the country affrmed that the article
          has been applied in an ad hoc and abusive manner, with regular acquisitions taken to courts and
          the relevant land confiscated by means of dubious interpretations of article 49. OEis abusive use
          of article 49 is seen as an instrument for conffiscating property of individuals as a form of
          retribution for their political and/or religious beliefs.
        
          
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          47. The Special Rapporteur would like urge the Government of the Islamic Republic
          of Iran to disclose information as to the legal basis of any and aft conffiscation carried out,
          as well as about the size, location, previous ownership and destination of conffiscated
          property. In addition, appropriate measures should be taken to investigate and reprimand
          abuses.
          B. Provision of basic services
          48. In general, the provision of basic services seems to be reasonable when compared to
          other countries with equivalent resources. OEe presence of large numbers of highly deprived
          slum areas around main urban centres - a reality observed during many other country missions -
          was not noted during his visit to han.
          49. The Special Rapporteur recognizes that rural exodus constitutes a challenge for the
          Government. However, it should be commended for the fact that overall data indicate that basic
          services, such as water, electricity and sanitation have been extended even to distant villages.
          Poor neighbourhoods, both in rural and urban areas, still suLer from limitations in their access to
          such services. In some areas, services are available only a few hours a day or constantly subject
          to cuts, while in others, the quality of the services provided is very poor, especially with respect
          to drinking water.
          50. Informal” neighbourhoods in urban areas have faced problems in accessing basic
          amenities and other government-provided services owing to the settlements not being in
          conformity with urban planning regulations and the widespread lack of formal ownership titles.
          Because of the high population density in those areas, lack of water and sanitation can be
          especially hazardous, creating poor living conditions that may also endanger the residents'
          health.
          51. The Special Rapporteur is disturbed by the fact that, although the general provision of
          services seemed to be reasonable, exceptions seemed to disproportionately aLect predominantly
          minority neighbourhoods and provinces, clearly constituting discrimination.
          C. ALordability
          52. Iran has a relatively high rate of home ownership - 69 per cent in urban areas. 6
          This percentage is considerably lower for low-income groups (55-58 per cent among the
          bottom 40 per cent, in comparison with 64-79 per cent for the rest of the population). According
          to the Istanbul+5 national report prepared by the Government of the Islamic Republic of Iran,
          this high rate of home ownership has been recently dropping and a decrease in private ownership
          and increase in private tenancy has been observed.
          53. Comparing the data concerning housing demand, the purchasing power of low-income
          groups and the annual supply of small and cheap housing units in Iran, the housing sector seems
          to have fallen short by approximately 55 per cent in supplying affordable accommodation for
          low-income families in the last ffive years.
        
          
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          54. According to statistical information collected by the World Bank, a baby-boom
          generation will mature between the years 2005 and 2035, representing a new demand
          for 500,000 housing units per year. OEe lack of accessible loans and facilities, in combination
          with a limited supply of aLordable housing and the expected population growth for the next
          decades, call for an urgent long-term policy speciffically aimed at addressing the housing needs
          of the very poor.
          55. For lower-income groups, aLordability is reportedly the main obstacle to access to
          adequate housing in Iran and governmental plans in the area do not seem to suffciently address
          the problem. Testimonies received by the Special Rapporteur during his mission indicated that
          rents and loan instalments may represent up to 50 per cent of a family's income. The remaining
          resources do not cover costs for education, food and health care, particularly in view of a high
          inflation in mainly urban areas. OEe situation is especially disturbing in provinces such as
          11am, where the majority of the population lives in poverty. Data for the years 2000-200 1
          show that low-income households' relative expenditure for housing is much higher than that of
          high-income households. 7 OEe Special Rapporteur welcomes information from the Government
          indicating that housing for the elderly, socially disadvantaged persons and female-headed
          households was set as a short and mid-term target in 2004.
          56. According to the World Bank, the triple combination of high price-to-income ratios and
          a small housing ffinance system with housing loans capped at 50 million rials is cutting oLaccess
          to home-ownership for a majority share of the population in large cities, in particular young
          households”. 8 OEe same report affrms that housing rents in han seem to be rising even more
          rapidly than housing prices.
          57. Housing plans designed to provide incentives to the private sector for the construction of
          aLordable housing units in many cases appear to ignore the threats of land speculation and the
          commodiffication” of housing that also impact on the ownership and rent prices, especially in
          urban areas.
          58. Testimonies collected by the Special Rapporteur, both in urban and rural areas, stressed
          the inadequacy of the current welfare programmes. OEe level of ffinancial assistance provided by
          some organizations to groups in vulnerable situations, such as orphans, the elderly, the disabled,
          women heads of household and families of prisoners, is allegedly insuffcient to address their
          speciffic needs and diLiculties in accessing adequate housing. One example given was pensions,
          considered to be too low and not paid in a regular fashion, thus creating additional obstacles for
          access to adequate housing. OEese groups are normally unable to access housing loans and
          saving facilities for purchase of housing, and are at the same time over-represented among those
          households where rents constitute a particularly high percentage of the monthly expenditure,
          impacting negatively on their living conditions.
          59. Although studies in Middle East and Northern Africa countries suggest a strong positive
          correlation between a reduction in house prices and a reduction in poverty, 9 a solution to the
          problem of affordability obviously involves more than the simple supply of low-cost housing
          units, including macroeconomic measures and policies aiming at facilitating access to
          employment and ensuring the right to education, among others.
        
          
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          60. The Special Rapporteur would like to draw the attention to general comment No. 4
          of the CESCR, according to which steps should be taken by States ... to ensure that the
          percentage of housing-related costs is, in general, commensurate with income levels”.' 0
          Economic policies should therefore take into consideration aLordabifty as an element of
          adequate housing and a component of the right to an adequate standard of living and
          ensure that household financial costs associated with housing should be at such a level
          that the attainment and satisfaction of other basic needs are not threatened or
          compromised”.”
          D. Accessibifty - disaster prevention and reconstruction
          61. The accessibility element of the right to adequate housing means that full and sustainable
          access to adequate housing resources by vulnerable groups needs to be given special attention.
          62. In this context, the Special Rapporteur would like to recognize the challenges imposed
          on the Islamic Republic of han by the fact that most of the country's territory is located in an
          earthquake-prone area. OEe Government is to be commended and encouraged in its eLorts to
          establish appropriate disaster prevention and relief measures. These measures include plans
          aiming at the fortiffication of houses and constructions throughout the country, ensuring that at
          least 40 per cent of all buildings are earthquake-resistant. Another interesting policy adopted
          was the setting up of a speciffic line of credit that provides low-interest loans for housing
          renovation with extra subsidies applied to down payments (11 per cent to be paid with public
          funds) if the new structures are designed in accordance with the national construction code
          provisions on earthquake prevention. An Unexpected Incident Headquarters was created
          in 2004, formed by the Iranian Red Crescent, the Ministry of the Interior, the Ministry of Health
          and the Ministry of Welfare and Security.
          63. In order to collect ffirst-hand information on earthquake relief and reconstruction eLorts,
          the Special Rapporteur decided to visit Bam, where an earthquake on 16 December 2003 killed
          more than 20,000 people and completely destroyed the city.
          64. According to reports and testimonies received by the Special Rapporteur, relief aid
          arrived in Bam shortly aifier the earthquake. Tents were provided to the survivors as emergency
          shelter. Authorities calculate that 17,000 houses were destroyed, as well as 3,000 off cc and
          public buildings. Added to the number of damaged buildings, the overall number of structures to
          be repaired amounted to approximately 41,000.
          65. Although an impressive number of international organizations, local NGOs and many
          government-related institutions established presences in the city in the immediate aifiermath of
          the earthquake, the Special Rapporteur received reports that the majority leifi a few months later
          when the relief work was completed. Only a few such organizations engaged in the long-term
          reconstruction eLorts. Allegedly, one of the main obstacles to relief eLorts was an ineffficient
          national bureaucracy and existing corruption, which sometimes prevented aid from reaching its
          intended recipients. In addition, one should remember that the aLected region is one of the
          poorest parts of the country and that the population of Bam increased signifficantly in the
          immediate follow-up to the earthquake, owing to an influx of people living in poverty
          seeking relief.
        
          
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          66. Reconstruction work is centralized under the supervision of a Reconstruction Taskforce,
          headed and formed mainly by offcials and local representatives of United Nations agencies, but
          open to representatives of non-governmental organizations. The priority in the work carried out
          by national organizations, including the Housing Foundation, seems to be reconstruction of basic
          infrastructure and public buildings, including administrative facilities, health centres and schools.
          OEe reconstruction of houses is carried out mostly in partnership with United Nations agencies or
          international organizations. Basic infrastructure and public buildings are expected to be ffinished
          in 2007. Overall reconstruction, however, especially the reconstruction of housing units, seems
          to be far from completion. OEe estimated completion of these reconstruction eLorts vary greatly,
          even among off cials. In view of this situation, the Special Rapporteur would like to express
          deep concern in relation to the current housing conditions of the survivors.
          67. Aifier the emergency relief was provided, survivors were transferred to camps where
          container units where transformed and adapted for housing purposes. More than 18 months
          aifier the earthquake, the survivors are still living in such containers. Whereas government
          information indicates that 85 per cent of the population has leifi the camps, non-governmental
          sources estimate that only about 15 per cent of the population has had the possibility to leave.
          In recent months, however, local authorities have encouraged people to move their containers to
          their own land plots.
          68. Overall living conditions in the camps are disturbing. Health standards are particularly
          distressing, especially due to the low quality of water. During the camp visits, many women
          reported that their children suLer from regular stomach aches and skin diseases. Testimonies
          from some camps' settlers indicated that the provision of water was interrupted several times a
          day. High population density is also a concern with up to eight people living in one-room
          containers. OEe containers were reportedly not suitable, given the very high temperatures
          observed in Bam during the summer, despite the provision of air conditioning to all housing
          units, and during the winter, given the water leaks into the containers.
          69. A number of measures have reportedly been put in place to ensure access to housing by
          vulnerable groups such as widows, female heads of household and people with a disability,
          including the provision of a number of housing units at no cost. However, many testimonies of
          favouritism and corruption were received. The Special Rapporteur would like to caft on the
          appropriate authorities to undertake prompt investigations in this regard.
          70. With respect to the overall population, the main policy set forth by the Government to
          assist in reconstruction is to provide long-term loans to those who can present ownership titles
          and assume down payments. The architectural design also has to be approved by the authorities,
          in order to guarantee the construction of earthquake-proof houses. Some families testiffied,
          however, that despite having registered months ago to be included in such leasing programmes,
          they are still waiting for a response. In addition, many aLected families affrmed that they are
          unable to access such programmes due to income constraints.
          71. Families who used to live in rented accommodation have expressed deep concern in
          relation to their housing situation. With the new government efforts to transfer the containers
          occupied by landowners to their own plots, camps have started to be emptied and rumours have
        
          
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          spread that camps will soon be closed down, creating fear among those depending on rental
          housing. Camp dwellers complained about the lack of information and of a formal channel for
          dialogue with authorities in this regard.
          72. Special policies should be developed to ensure that viable alternatives are put into
          place for the families stif settled in camps and who have no other place to go owing to the
          shortage of rental housing units. The decentralization of the reconstruction eLorts, the
          removal of bureaucratic obstacles to the work of international organizations, the disclosure
          of information on timetables and on living standards, increasing public participation, a
          stronger role to be played by the Ministry of Housing and an independent evaluation of the
          reconstruction developments undertaken, are aft measures that the Government may wish
          to consider to guarantee that access to adequate housing wif soon be a reality to the
          survivors of the Bam earthquake.
          73. The Special Rapporteur welcomes the fact that the Bam disaster led to the revival
          of disaster-prevention plans and that considerable funds have been allocated for their
          implementation. According to information from the Government, these new plans will lead
          to the reinforcement of 200,000 houses annually. Considering, however, the risk of similar
          tragedies taking place in the future, the Special Rapporteur would also urge the Government
          to include the above concerns raised in its disaster-prevention plans.
          III. THE RIGHT TO ADEQUATE HOUSING OF SPECIFIC GROUPS
          74. Placing housing and discrimination within the context of the indivisibility and
          universality of human rights is critical. As stated by the CESCR, (s)ometimes poverty arises
          when people have no access to existing resources because of who they are, what they believe or
          where they live. Discrimination may cause poverty, just as poverty may cause discrimination.
          Inequality may be entrenched in institutions and deeply rooted in social values that shape
          relationships within households and communities. Accordingly, the international norms of
          non-discrimination and equality, which demand that particular attention be given to vulnerable
          groups and individuals from such groups, have profound implications for anti-poverty
          strategies”.' 2
          75. In this chapter the Special Rapporteur would like to present his observations on obstacles
          to the right to adequate housing resulting from apparent discriminatory laws and practices and
          from the failure of the State to respect the right to security of the home and person in the context
          of the housing conditions of some specific groups.
          A. Ethnic and religious minorities and nomads
          Ethnic and linguistic minorities
          76. The Islamic Republic of Iran's population is multi-ethnic and multi-religious. Persians
          represent a little more than 50 per cent of the country's population. Other major
          ethno-linguistic groups include Shia Azeris, Sunni and Shia Kurds, Turkmen, Armenians,
          Assyrians, Arabs, Baluchis, Bakhtiaris, Lurs and Qashqai. In order to verify the extension of
          alleged discrimination with respect to access to housing, the Special Rapporteur visited regions
          traditionally inhabited mainly by ethnic minorities and nomadic groups, such as Kermanshah,
        
          
          E/CN.4/2006/4 1/Add. 2
          page 18
          Khuzestan and Yassoj. The Special Rapporteur observed disproportionately poor living
          conditions that may point to a signifficant degree of neglect in relation to the housing necessities
          of ethnic minorities. Such groups seem to have been suLering from uneven distribution of
          development resources from the national authorities in Tehran.
          77. In Kermanshah and Khuzestan, the overall living conditions in poor neighbourhoods
          mainly inhabited by Kurds, Arabs and Muslim Sufis were extremely unsatisfactory. Particularly
          serious conditions were observed in places like Ghal'e Channan and Akhar Asfalt in Ahvaz with,
          in some cases, a complete lack of basic services impacting negatively on the populations' health
          status, in addition to contributing to severe security problems. Most poor neighbourhoods were
          unpaved, open-air sewage was sometimes observed and uncollected garbage blocked streets,
          obstructing traffc and access from the outside in case of emergencies. Testimonies received
          about the housing situation in the 11am province, with a large Kurdish population, were equally
          disturbing and indicated that post-war reconstruction eLorts had been disproportionably slow
          and insuffcient in this area.
          78. Information was also received suggesting that displacement caused by development
          projects and land confiscation disproportionately aLected minority groups.
          79. In Khuzestan, the Special Rapporteur visited lands traditionally cultivated by Iranian
          Arabs, which were expropriated by the Government for remarkably low prices in order to
          provide space for development projects and plantations, such as the Dekhoda sugar-cane project.
          OEe aLected population had no access to legal remedies to challenge the legitimacy and legality
          of the expropriation orders and existing legal remedies only enabled the inhabitants to initiate
          discussions related to the price oLered for their lands. Allegedly, even in the very few cases in
          which the prices were slightly raised by courts, they were still ffixed much lower than market
          values. OEe aLected population was not consulted before or during the expropriation procedure.
          80. Expropriations for the implementation of development projects have been especially
          criticized in view of the considerable amount of unutilized rural land, where displacement
          would be minimal, and which was already owned by the Government, where such projects
          could be located.
          Religious minorities
          81. According to article 13 of the Constitution, the Zoroastrian, Jewish and Christian
          minorities are the only recognized religious minorities in the Islamic Republic of Iran. These
          groups are allowed, within the limits of the law, to perform their religious practices and to act
          according to their own canon in personal matters and religious education. By implication,
          therefore, OEther religious minorities are generally denied these rights and oifien persecuted for
          . .,, 13
          their beliefs .
          82. OEe impact of discriminatory laws and practices on the housing situation of religious
          minorities in Iran is especially evident in the legal provisions concerning inheritance rights and
          in the abusive use of property conffiscation. Article 881 of the Civil Code, for example, states
          that if one of the heirs declares that he converted to Islam he is entitled to the entire inheritance
          in detriment of the remaining heirs who belong to another faith. These provisions apply even to
          housing units inhabited by any other heirs, and may lead to homelessness.
        
          
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          83. Property conffiscation, as mentioned in the section on security of tenure above, is a
          serious concern and impacts diLerent groups within society. However, testimonies and reports
          indicate that religious minorities may be particularly aLected in this regard, including members
          of the Baha'i faith, which, although not constitutionally recognized, is the largest religious
          minority in the Islamic Republic of Iran. The Baha'i community reported several cases of land
          confiscation against its members, especially in Tehran and in the province of Azerbaijan.
          According to information received by the Special Rapporteur, property conffiscation in rural
          areas was oifien accompanied by threats and physical violence before and during related forced
          evictions.
          84. The Special Rapporteur received detailed documentation relating to the location,
          size, previous ownership, date of conffiscation, and current State property management, of
          approximately 640 Baha'i properties confiscated since 1980. Reports affirm that there were
          numerous additional undocumented cases, especially in distant provinces where information
          cannot be easily collected. OEe properties listed included houses and agricultural land, but also
          Baha'i sacred places such as cemeteries and shrines.
          85. The aLected owners have allegedly not been given an opportunity to participate or
          receive prior information related to ongoing conffiscation procedures. Normally, they receive a
          written convocation asking for their presence before the relevant authority, who will serve them
          with a ffinal confiscation order. Many confiscation decisions with regard to Baha'i property are
          taken to the Revolutionary Courts. Some verdicts which the Special Rapporteur has been able to
          examine declare that the confiscation of the property of the evil sect of the Baha'i” is legally
          and religiously justiffiable.' 4 OEe Special Rapporteur is concerned at the clear evidence of
          discriminatory conduct with respect to Baha'i property, including housing.
          Nomads
          86. The Special Rapporteur also focused on the living conditions of nomadic groups,
          including the Ouri tribe and other groups settled alongside the road from Shiraz to Yassoj, and
          north of Yassoj in the provinces of Fars and Boyerahmad va Kohgiluye.
          87. Nomadic groups, amounting to 200,000 families, are spread throughout Iranian territory,
          but mainly in the highlands and border areas. Most groups have two main dwelling sites, one for
          the long summer and one for the long winter. The distance between these two sites varies
          greatly and some groups travel hundreds of kilometres on foot, taking their livestock, tents and
          utensils with them.
          88. The Special Rapporteur, in his observations on-site and through testimonies, received
          information on two types of diffculties faced by those groups: diffculties that derive, to a
          certain extent, from the nature of their pastoralist life, such as limited access to water, electricity
          and health and educational services; and new limitations imposed on their traditional practices
          that have aLected their living conditions.
          89. In relation to the ffirst type of diffculties, projects designed to create collective facilities
          in the sites traditionally occupied by nomad groups and the construction of access routes to these
          sites could be a solution which would both respect their cultural identity and provide necessary
        
          
          E/CN.4/2006/4 1/Add. 2
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          basic services. According to information received by the Special Rapporteur some governmental
          projects that had been initiated in this direction had to be halted due to lack of suLicient
          resources.
          90. Despite the eLorts of the Iranian Nomadic Organization - which carries out important
          work supporting the improvement of the living conditions of nomad groups in accordance with
          their own lifestyle - other governmental branches, such as the Ministry of Agriculture,
          environmental protection agents and local authorities, have established policies aiming at settling
          such groups in permanent dwellings. As stated by the CESCR, [ aIctivities geared towards
          development or modernization in the housing sphere should ensure that the cultural dimensions
          of housing are not sacrifficed, and that, inter alia, modern technological facilities, as appropriate,
          ,, 15
          are also ensured .
          91. OEe Special Rapporteur would also like to express concern in relation to some restrictions
          imposed on nomadic groups in the last years that have a direct impact on their right to adequate
          housing. One preoccupation stemming from testimonies received was the fact that the
          Government has reduced the number of routes which nomads are allowed to use for the purpose
          of moving from one site to another. Routes designated by the Government are reportedly both
          limited in numbers and dangerous. hi addition, many groups have reported that routes and sites
          traditionally used by the nomads have been increasingly subject to private appropriation;
          testimonies mentioned examples around the city of Shiraz and in Sepidan.
          92. OEe main source of food and income for nomadic groups is their livestock. However,
          governmental regulations have recently imposed a maximum limit of 100 animals to be owned
          by each family of 15. OEere is strict monitoring of this number and high ffines are applied in case
          of non-compliance. According to information provided to the Special Rapporteur, such
          limitations have been imposed based on the argument that nomadic agricultural activities were
          damaging the environment.
          93. OEe Special Rapporteur would like to recall Human Rights Committee general
          comment No. 23, which clariffies that with regard to the exercise of the cultural rights protected
          under article 27, the Committee observes that culture manifests itself in many forms, including a
          particular way of life associated with the use of land resources ... OEe enjoyment of those rights
          may require positive legal measures of protection and measures to ensure the eLective
          participation of members of minority communities in decisions which aLect them”. 16
          B. Women's rights to housing, land and property
          94. Reference has been made throughout the report to obstacles faced by women with respect
          to their right to adequate housing, in particular regarding access to equal rights to housing, land,
          property and inheritance.
          95. OEe Special Rapporteur received a number of testimonies concerning the obstacles faced
          by single and divorced women wishing to buy and rent houses. Although their access to a house
          of their own is not forbidden by law, in practice the authorization of a male relative is normally
          requested to access banking schemes for any housing purchase. Sellers are reluctant to transfer
          ownership of their property into the name of a woman and single women seeking rental are
          allegedly rejected systematically by owners, if declaring that they plan to live on their own.
        
          
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          According to some views on the traditional role of women in society, sometimes supported by
          legislation and policies, women should only leave their parents' home for the purpose of moving
          to their husband's house. Finding adequate housing seems to be even more diffcult for divorced
          women.
          96. Women's access to the labour market is still limited. Offficial data demonstrates that
          women represent only less than 15 per cent of the economically active population in the
          country.' 7 If employed, it is a widespread practice that women should present their earnings to
          their husbands' discretionary use in the beneffit of the family.
          97. This situation restricts women's possibility to acquire adequate housing through means of
          purchase and rental and is especially problematic in the event of the husband's death. Although
          some welfare programmes have been created targeting widow heads of household, the pensions
          provided are normally insuffcient to allow for the maintenance of a home, especially if they
          have to assume the high costs of rent. In this context the legal provision that restricts a woman's
          inheritance rights with respect to land is of concern as it may lead, in extreme cases, to
          homelessness. According to national law, women are in general entitled to half of the
          inheritance of men and, when inheriting from her husband, a woman does not have the right to
          inherit land, having only rights over liquid assets. OEis also applies to land which she is
          occupying. In addition, a woman's share of her husband's inheritance is only one eighth if she
          has children or one quarter if she does not; in this last case, the remaining three fourths are
          transferred to the Government.
          98. Women's non-autonomous management of their own or their family's income may also
          have a negative impact in cases of domestic violence. Women who experience abuse have very
          limited possibilities to leave their homes and gain access to adequate housing elsewhere. There
          are insuffcient shelters available for victims of violence and there is no legal provision
          guaranteeing the immediate removal of a husband from the family house in case he constitutes a
          danger to the woman's physical and/or mental security. In this respect, the Special Rapporteur
          wishes to draw the attention to the ffindings of the Special Rapporteur on violence against
          women, its causes and consequences, from her mission to the Islamic Republic of han
          undertaken 29 January-6 February 2005.18
          99. In case of divorce, the couple's property is divided equally between the partners
          only if the man ffiles for divorce under no speciffic justiffication apart from his own will. L
          he presents any legal justiffication for divorce, the wife loses her right to her share of the
          assets. If a woman leaves the family house, even in case of domestic violence, this may be
          considered abandonment of the home and can be used against her if the husband decides to ffile
          for divorce.
          100. In the light of the above, the diLiculties faced by a woman attempting to rent or
          purchase a house and the absence of alternative accommodation, as well as discriminatory
          custody practices applying to children, may compel her to stay and put herself in severe
          danger. OEe links between violence against women and the right to adequate housing are
          unambiguous, given that the right to adequate housing also implies having access to a safe and
          secure house.' 9
        
          
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          101. Although noting the information received from the Government regarding the
          establishment of so called social crisis management centres”, the Special Rapporteur would also
          like to express particular concern in relation to the insuffciency of safe houses for runaway girls
          and street women, which may also lead to homelessness. Lack of essential off cial statistics
          concerning housing-related issues, including on the number of homeless people in the country
          and data on violence against women, constitutes an obstacle to a more complete assessment of
          the overall housing situation in the country.
          102. OEe Special Rapporteur agrees with the views of Islamic scholars and human rights
          activists, 20 who claim that there is no conflict between the recognition of women's equal human
          rights in Islam and the provision of these rights in international human rights instruments. In
          this context, he urges the authorities in Iran to ensure that, in practice, women in Iran can
          enjoy equal rights to housing, land, property and inheritance.
          IV. CONCLUDING REMARKS AND RECOMMENDATIONS
          103. Adequate housing as a component of the right to an adequate standard of living
          should be addressed from a human rights perspective, based on the principles of the
          indivisibifty and interrelatedness of human rights. This wif assist the Government in
          ensuring that emphasis is given to the poorest segments of society and that policies and
          actions at aft levels, including budgetary aftocations, are based on this holistic approach.
          104. While the Special Rapporteur has attempted to incorporate some reconunendations
          throughout his report, he would like to conclude by submitting the foftowing additional
          recommendations that have general policy and legal implications and are related to speciffic
          sections of the mission report.
          105. The Government should:
          (a) Fufty implement the Constitutional provision which establishes the right to
          adequate housing for aft Iranians, despite their etimic or religious origins, resulting in
          equal distribution of development resources, respect for human rights over traditional
          lands, and elaboration of culturally sensitive housing policies;
          (b) Re-examine the functioning of the enfinent domain” doctrine that governs
          State acquisition of land, without giving recourse to affected communities to ife an appeal
          to chaftenge the State authority, and to consider amendments to article 49 of the
          Constitution to ensure that abuse of this article does not continue in the judiciary;
          (c) Harmonize the work of the diLerent governmental and govermnent-related
          organizations carrying out housing progranunes, with clearer identiffication of
          responsibilities, overall observation of human rights standards, targeting speciafty
          disadvantaged groups, and setting up of monitoring and accountability mechanisms;
          (d) Strengthen public participation in the elaboration of development plans and
          in the preparation and assessment of housing projects, taking into account the important
          role played in democratic societies by NGOs, whose independent work should be supported
          and faciftated by the Government;
        
          
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          (e) Be increasingly transparent in the development of policies, including by
          the publication of data concerning not only benefficiaries, but also the population not
          yet covered by the programmes, and open in the assessment of priorities and results,
          with space for public monitoring, including fuft participation of the intended population;
          (!‘) Take steps to ensure that, both at the policy and legislative levels, there is
          harmonization between provisions in international human rights instruments and Islamic
          law and practice in relation to women's equal rights to housing, land, property and
          inheritance;
          (g) Monitor, evaluate and adapt current housing policies to guarantee they wift
          eLectively reach the targeted benefficiaries, improving impact of programmes designed to
          facilitate access to adequate housing by low-income individuals;
          (Ii) Consider intervening in the housing and land market to address the
          inordinate increase in rental and ownership costs that are preventing access to adequate
          housing, particularly for the lower-income groups;
          (i) Accelerate the titling of housing and land acquired according to traditional
          practices in rural areas and the regularization and upgrading of informal settlements in
          urban areas;
          (I) Halt immediately all forced evictions carried out in disregard of
          international human rights law and plan resettlement programmes aiming at avoiding
          displacement caused by development projects;
          (ii) Conduct in-depth investigation of property conffiscation cases, especially
          when involving ethnic and religious minorities and ensure that no abuses were or wift be
          committed against those groups;
          (1) Improve the quality of basic services provided to poor neighbourhoods,
          including access to drinking water, taking note of the CESCR general comment No. 15,
          which lists the elements to the right to water as including availability and quality;
          (m) Develop specific policies to expand access to basic amenities to distant and
          minority predominant regions;
          (n) Increase attention to the situation of the people aLected by the earthquake
          in Bam who are stif living in camps where sanitation and water conditions continue to be
          grave and their inclusion in the reconstruction planning and development;
          (o) Decentralize reconstruction eLorts and remove bureaucratic obstacles to the
          work of international organizations, as weft as disclose information on timetables and on
          existing housing and living conditions;
        
          
          E/CN.4/2006/4 1/Add. 2
          page 24
          (p) Focus on historicafty marginalized provinces, such as 11am, Khuzestan and
          Sistan-Baluchestan, with budget allocation aiming at ensuring the realization of human
          rights, including provision of civic services to people and communities in the region;
          (q) Reinforce, expand and duly implement housing policies aimed at groups in
          vulnerable situations and ethnic and religious minorities (such as Kurds, the Baha'i, Laks,
          Arabs);
          (r) Investigate forced eviction cases and development-induced displacement,
          to ensure that evictions are only carried out as a last resort and in accordance with
          international standards, making certain that religious and ethnic minorities are not
          disproportionately aLected by development projects, and that they have recourse to legal
          remedies to chaftenge State acquisition of homes and lands;
          (s) Develop further policies to address discrimination against women in
          relation to equal access to housing, land, property and inheritance, including the
          urgent creation of safe houses for women subject to violence, runaway girls and street
          women;
          (t) Introduce human rights education across the country to ensure that
          traditional practices do not lead to the violation of women's equal rights to housing, land,
          property and inheritance;
          (u) Consider ratifying the Convention on the Elimination of Aft Forms of
          Discrimination against Women (CEDAW) and its Optional Protocol.
          106. The existing obstacles against the implementation of the right to adequate housing
          are enormous and facing these chaftenges will require joint efforts by not only the
          Government but also by national non-govermnental actors and the international
          community alike. In this sense, the Special Rapporteur would also like to caft on the
          international community to:
          (a) Provide technical cooperation to facilitate an increase in the construction of
          earthquake-proof houses and cooperation in the area of disaster prevention across the
          country; coftaborate in the immediate improvement of the living conditions in the survivor
          camps in Bam and accelerate the reconstruction eLorts in the city;
          (b) Increase funding to housing projects, especiafty those aimed at groups in
          vulnerable situations, such as women heads of households and people with disabifties;
          (c) Ensure monitoring and reporting of all funding provided;
          (d) Increase support, including training and capacity-building programmes,
          to civil society carrying out human rights and community development projects in the
          Islamic Republic of Iran.
        
          
          E/CN.4/2006/41/Add.2
          page 25
          Notes
          1 Plan to ffight poverty and raise the income of poor households”, Management and Plan
          Organization, Social ALairs Bureau, September 2000.
          2 Strategies for enabling and regularizing informal settlements, Ministry of Housing and Urban
          Development, 2004, p. 2.
          Zebardst, Esfandir, 2002, Spontaneous Settlements: Perceptions and Realities, unpublished
          mimeo, in World Bank, Iran Housing Sector Strategy, June 2002, Urban Lands and Market in
          Iran, p. 5.
          MENA countries, p. 12.
          Iran Housing Sector Strategy, World Bank, June 2002, executive Summary, reform
          recommendation 2.
          6 han Housing Sector Strategy, World Bank, 2002 (material provided by the Ministry for
          Housing and Urban Development).
          Ibid., table 12.
          8 Ibid., p. 6.
          OEe macroeconomic and sectoral performance of housing supply policies in selected MENA
          countries: a comparative analysis”, World Bank, April 2005.
          10 CESCR general comment No. 4, para. 8 (c).
          Idem.
          12 CESCR, Poverty and the hiternational Covenant on Economic, Social and Cultural Rights”
          (E/C.12/2001/10), para. 11.
          13 Meharan Tamadonfar, Islam, law and political control in contemporary Iran”, Journal for
          the Scientific Study ofReligion, vol. 40, No. 2, June 2001, p. 207, in Ethnic and religious
          minorities in the Islamic Republic of Iran”, Sub-Commission on Promotion and Protection of
          Human Rights, Working Group on Minorities (E/CN.4/Sub.2/AC.5/2003/WP.8), S May 2003.
          14 Report on the situation of human rights in the Islamic Republic of Iran, submitted
          on 16 January 2002, by the Special Representative of the Commission on Human Rights,
          Maurice Danby Copithorne, pursuant to Commission resolution 2001/17 (E/CN.4/2002/42),
          para. 77.
          CESCR, general comment No. 4, para. 8 (g).
          16 General comment No. 23, para. 7, CCPRIC/2 1/Rev. 1/Add s.
        
          
          E/CN.4/2006/4 1/Add. 2
          page 26
          17 National Report on Women's Status in the Islamic Republic of Iran, Center for Women's
          Participation, 2005, p. 71.
          18 See E/CN.4/2006/61/Add.3, in particular paras. 34, 36 and 49.
          19 See the previous report of the Special Rapporteur on women and adequate housing
          (E/CN.4/2005/55).
          20 See, for example Shirin Ebadi, The Rights of the Child. A Study ofLegalAspects of
          Children's Rights in Iran (Tehran, 1994) and Nobel Peace Prize acceptance speech, Jii the name
          of the God of Creation and Wisdom”, Oslo, 10 December, 1993.
        

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