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Editorial |
Last night over one hundred thousand Australians were homeless. Some of
them slept in parks, around bus shelters and in public toilets. Others
found temporary shelter in crisis accommodation services and refuges. Of
those that tried to access such support services, one in two were turned
away. Forty-two per cent on these people were women and forty-six per cent
were young people and children under the age of twenty-four. A far greater
number slept in caravan parks and in slum-like public housing conditions,
while others worried about how they were going to afford next month’s
rent. It is this information coupled with the knowledge of
dwindling public housing stock and inadequate government provision for
long term safe housing that has prompted recent and urgent calls for
government action from the United Nations Special Rapporteur on the Right
to Adequate Housing. The Special Rapporteur, an independent and
international expert on the right to housing, has urged Australian
governments to take immediate measures to comply with international human
rights obligations to ensure that all Australians are able to realize
their human right to safe, accessible, appropriate and affordable housing. In August 2006, the Special Rapporteur toured the country
on an official visit spending time in Alice Springs, Canberra, Sydney,
Melbourne, Bendigo and places small and large in between. In his
preliminary report, he has described what he saw as a ‘serious hidden
national housing crisis in Australia’ that is having a critical impact on
the most vulnerable groups of the population and is also affecting
low-income households. In particular, he raised serious concerns about
housing conditions for Indigenous people, for women, particularly those
who are fleeing situations of family violence, and for the large urban,
rural and regional homeless populations. A request from the Special Rapporteur to visit Australia
was made after receiving reports from various members of Australian civil
society and non-government organizations about the situation on the ground
in relation to housing, including a report that was sent by the PILCH
Homeless Persons’ Legal Clinic to the Special Rapporteur in 2005. That
report detailed alarming plans by state and commonwealth governments to
cut funding to homelessness services by $30 million despite an already
clear shortage of resources. It was argued that such cuts would constitute
a breach of Australia’s obligations under the International Covenant on
Economic, Social and Cultural Rights (ICESCR). Pursuant to Article 11 of
the ICESCR, all people have the right to adequate housing, which includes
the right to live somewhere in peace, security and dignity. Article 2(1) of the ICECSR says that realisation of the
right to housing requires federal, state and territory governments to
devote the maximum available resources to progressively ensure that this
right is realized and protected. Under the international human rights
framework, retrogressive measures, such as cuts in expenditure on public
housing or homelessness services, are permissible only in ‘exceptional
circumstances.’ In the 2006 Federal Budget, the Howard Government
announced a surplus for the ninth time in ten years and has forecast a
surplus of $10.8 billion for 2006-2007. It would be a bold argument indeed
to say that ‘exceptional circumstances’ exist in Australia. According to the Special Rapporteur, what does exist in
Australia is a puzzling and disturbing lack of commitment
to making housing a national priority and a
reality for many poor and low income families and individuals. This is
evidenced not only by the already apparent and growing disparity between
rich and poor in this country, but also by the lack of interest and
engagement by senior government officials at state, territory and federal
levels and the absence of a comprehensive national housing strategy. Aside
from a meeting with officials from the Department of Family, Community
Services and Indigenous Affairs, the Special Rapporteur noted ‘with
disappointment that no other high level meeting was planned during his
mission.’ For those that needed a reminder, the visit from the
United Nations alerts us to the dual narrative that runs through
Australia’s current economic success story. One narrative is characterised
by unprecedented budget surpluses and populated by figures of increasing
wealth. The other is the story of the children, the mentally ill, the drug
dependent, the abused and the downright poor whom we have failed to give
even the most basic protection – that is, the safety and security that
comes through the provision of affordable, accessible and appropriate
housing. In a couple of months the observations and official
comments of the Special Rapporteur will be finalised in a report to the
United Nations Human Rights Council and to the Australian government. It
is hoped that the report will act as a much-needed catalyst to focus
government attention on compliance with international human rights
obligations. It is also hoped that there will begin to emerge an
understanding of the fundamental importance that having somewhere safe to
live plays in every social, employment, justice and health initiative. Kristen Hilton is the Coordinator and Principal Solicitor
of the PILCH Homeless Persons’ Legal Clinic. |
