Right to housing

May I take the opportunity to proffer my heartfelt gratitude to all those who wished me well on my birthday and especially those who offered words of encouragement for my proposed non-governmental organisation (NGO) ― Law and Human Rights in Action (LAHRIA).

This project is long overdue as the level of respect, promotion and enforcement of human rights laws and values leaves much to be desired. I know there are others who will disagree with my conclusion.

Most of these people who continue to harp on our human rights credentials base their conclusions on a comparative analysis basis, often with other African countries. Countering these claims, I will refer those who disagree with my assertions to look at the reports on Ghana of major human rights organisations (Human Rights Watch, Amnesty International) and also that of the United States State Department.

The fact that we are doing better than other African countries is no justification as the state of human rights in these countries is nothing special.

Core

One of the core aims of human rights is the focus on the upholding and promotion of human dignity. This is evidenced by the fact that the first preambular paragraph of the Universal Declaration of Human Rights (UDHR) and both the second preambular paragraphs of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) invoke it.

Similarly, Article 5 of the African Charter on Human and People’s Rights (ACHPR) reinforces the concept by guaranteeing ‘respect for the dignity inherent in a human being’.

In its quest to respect, protect and guarantee the inherent dignity reposed in all human beings, Article 25 of the UDHR postulates the right to an adequate standard of living.

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

One of the core components of the right to an adequate standard of living is the right to housing, which is the focus of this article, following a recent pronouncement by ex-President Mahama’s pledge to make affordable housing available to Ghanaians if elected again.

Both parties in Ghana have made mention of their respective desire to implement policies designed to achieve cheap, affordable housing for Ghanaians.

For instance, in August 2023, the current Ghanaian government launched a Revised National Affordable Housing Programme, dubbed “My Home, My Peace”, the aim of which is to solve the chronic housing deficit in Ghana.

Right

The right to housing means everyone deserves a physical space, adequately resourced, that guarantees personal and family security and satisfactory privacy, which protects the individual from the ravages of the weather.

The source of the right derives from Article 25 of UDHR and Article 11 of ICESCR. The right to adequate housing is fundamental, as in order for humans to be able to enjoy the other rights guaranteed in the UDHR, one has to have a stable and secure habitat.

In General Comment 4, the Human Rights Committee of the United Nations (UN) shed light on the features of the right to housing. It listed some of the features:

Legal security of tenure, availability of services, materials, facilities and infrastructure, affordability, habitability, accessibility, good location in relation to services – health, education, jobs, etc. – and cultural adequacy in line with the traditional values of the occupants.

The housing situation is dire, to say the least. The government estimates a staggering deficit of 1.8 million homes with many of the households devoid of basic services such as electricity, water and decent toilets.

This housing deficit has engendered a culture of exploitation by landlords: rents are punishingly high and huge deposits are demanded spanning years before tenancies are given with the result that a disproportionate number of citizens are “homeless” according to the internationally accepted standards for a home.

Even though the constitution of Ghana does not expressly provide for a right to housing, a deductive argument can be made from the provisions of Article 18.

The greatest most powerful and persuasive legal arguments can be made using the housing rights provided in the International Bill of Rights to support litigation and activism for housing rights in Ghana. Also, the case of Serac v Nigeria has established that the right to housing is guaranteed in the African Charter.

The writer is a lawyer.
E-mail: georgebshaw1@gmail.com