2019
Statelessness & Citizenship Review
1(2)
housing include not denying security of tenure to particular groups, not
infringing on the right to privacy via entry and searches by police, and not
actively polluting or exposing certain groups to contaminants and health hazards.
States have failed to respect the right to adequate housing of stateless persons
in both obvious and more nuanced ways. A direct example of state failure to
respect this right is when the state subjects stateless persons to forced evictions
without the appropriate procedural protections laid out in CESCR’s General
Comment 7, such as exploring alternatives, providing adequate notice, or
offering legal recourse or remedy. 75 In extreme cases, such as the Rohingya in
Myanmar, state agents have destroyed or been involved in the destruction of the
homes of stateless persons through demolition and arson. 76 The state has also
failed to respect this right by refusing access to previously occupied housing and
land following the displacement of stateless populations. 77 In cases where the
stateless population is increasingly viewed as foreign and subject to arbitrary
deprivation of nationality, such as the Rohingya or persons of Haitian descent in
the Dominican Republic, or Iraqi Kurds, stateless persons can face eviction and
then subsequent deportation to neighbouring countries. 78 In Kuwait, stateless
Bidoons have been ordered to abandon government-provided housing, which
was formerly available to them. 79
Additionally, states have failed in their obligations to respect this right for
stateless persons in more indirect ways. States may force stateless persons to live
in the least desirable areas of cities or regions, where they are exposed to
pollution and health hazards from government-owned and -run factories and
power plants. States have indirectly failed to respect this right by pushing
stateless persons to areas without access to services or failing to provide services
to areas with existing concentrations of stateless persons. In Turkmenistan, 76%
of those in northern regions lack access to piped drinking water and these are the
same regions of the country where most stateless persons live. 80 These persons
are instead forced to rely on open sources of water, which contain high levels of
saline, are susceptible to pollution and are more likely to carry disease. But states
have failed stateless persons in other ways, apart from directly or indirectly
interfering with their right to adequate housing.
B
The Obligation to Protect
State obligations to protect the right to adequate housing entail that the state
prevent non-state actors from interfering with this right. These actors may
75
76
77
78
79
80
ibid 116 [14].
‘Burma: Scores of Rohingya Villages Bulldozed’, Human Rights Watch (online, 23
February 2018) <https://www.hrw.org/news/2018/02/23/burma-scores-rohingya-villagesbulldozed>.
Simon Lewis, ‘After Alleged Ethnic Cleansing, Myanmar Will Takeover the Burned Land
That Rohingya Muslims Fled’, Business Insider (online, 27 September 2017)
<https://www.businessinsider.com/r-government-will-take-over-burned-myanmar-landminister-2017-9?IR=T>.
‘Haiti/Dominican Republic: Reckless Deportations Leaving Thousands in Limbo’ Amnesty
International
(online,
15
June
2016)
<https://www.amnesty.org/en/latest/news/2016/06/haiti-dominican-republic-recklessdeportations-leaving-thousands-in-limbo/>.
Human Rights Watch, The Bedoons of Kuwait: Citizens without Citizenship (Report, August
1995) <https://www.hrw.org/reports/1995/Kuwait.htm> (‘Bedoons of Kuwait Report’).
Marjorie Farquharson, Statelessness in Central Asia (Report, United Nations High
Commissioner for Refugees May 2011) 56.
250