1. On 29 August 1991, at its forty-third session, the Sub-Commission on Prevention of Discrimination and Protection of Minorities adopted without a vote resolution 1991/26 in which it entrusted Mr. Rajindar Sachar with producing a working paper on the right to adequate housing, with a view to determining how best to further both the recognition and the enforcement of the right.
2. The working paper (E/CN.4/Sub.2/1992/15) was submitted to the Sub-Commission at its forty-fourth session and discussed by it at length. During that session, the Sub-Commission adopted without a vote resolution 1992/26, entitled “Promoting the realization of the right to adequate housing” in which, inter alia, it expressed its appreciation of the
working paper and encouraged all States to pursue effective policies and legislation aimed at creating conditions aimed at ensuring the full realization of the right to adequate housing of the entire population, concentrating on those vulnerable groups that are homeless or inadequately housed.
3. The working paper was well received by members of the Sub-Commission and non-governmental organizations. They appreciated the approach taken by the Special Rapporteur of identifying the root causes in society of the prevalence
and perpetuation of housing crises. The approach taken of both identifying violations and projecting the need for sustained work on “preventative” rights such as housing as a means of grasping the potential of the human rights
approach was also acknowledged.
4. The Commission on Human Rights, at its forty-ninth session in its decision 1993/103, endorsed the decision of the Sub-Commission to appoint Mr. Rajindar Sachar as Special Rapporteur on promoting the realization of the
right to adequate housing.
5. This first progress report will examine in detail several of the issues touched upon in the working paper prepared by the Special Rapporteur, including the following themes: parallel developments; the legislative basis of housing rights; a synthesis of State obligations and concurrent responsibilities; the entitlements of housing rights; domestic legislation on
housing rights; the question of the justiciability of housing rights; housing rights jurisprudence; violations of housing rights; and preliminary conclusions and recommendations. The central focus of this report will be an attempt to elaborate and clarify States’ obligations concerning the human right to adequate housing, as well as other legal dimensions of this
fundamental human right.
6. Other points raised in the working paper of 1992 will be addressed in subsequent reports. In the next report, the Special Rapporteur proposes to explore de facto situations concerning the degree of fulfilment of the right
to adequate housing and how the right to housing can most effectively be applied, asserted and implemented in concrete situations throughout the world.