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36-722: The N2 Gateway is a highly controversial project and has been criticised by the Geneva-based Centre on Housing Rights and Evictions , by the South African Auditor General, by popular organisations such as the Western Cape Anti-Eviction Campaign , by Constitutional Court experts such as Pierre De Vos and by affected residents themselves. Its detractors claim that the N2 Gateway is a beautification project for

72-716: A foundation in the Netherlands (Stichting COHRE). At its height in 2008, COHRE maintained offices in Switzerland , Ghana , South Africa , Sri Lanka , Cambodia , Brazil and the United States and carried out work through three Regional Programmes covering Africa, Asia and the Americas as well as five Thematice Programmes covering economic, social and cultural rights strategic litigation; women and housing rights; forced evictions; housing and land restitution; and

108-523: A higher rate of crime. It is reported that residents who had willingly moved to Delft after the fire in 2005 have lost their jobs because they cannot afford transport into Cape Town and since there is no railway line in Delft. After a Cape High Court ruling by controversial judge John Hlophe in favour of the Government, many experts in constitutional law have claimed the ruling to be unjust and against

144-508: A nearby informal settlement. This TRA is built and managed by the DA-led City of Cape Town. Symphony Way TRA is criticised for its barbed-wire fencing, police-controlled access to the camp, and its erosion of social networks. The N2 Gateway Housing Project has been mired in controversy. The Auditor General Report on the project found mismanagement and widespread deficiencies in the planning, accounting, design, construction, and execution of

180-437: A particular housing rights violation, such as a mass forced eviction, could be the result of a locally administered development project that has been initiated by the national government, in the context of an externally enforced financial restructuring programme, and funded by international donor organisations. It could be caused by a combination of rapid urbanisation, pervasive tenure insecurity, and political conflict. It might be

216-552: A significant report criticising the N2 Gateway Project for its housing rights violations and for its lack of consultation with poor residents affected by the project. 33°56′56″S 18°31′30″E  /  33.949°S 18.525°E  / -33.949; 18.525 Centre on Housing Rights and Evictions The Centre on Housing Rights and Evictions ( COHRE ) was a Geneva -based international non-governmental organisation founded in 1994 by Scott Leckie as

252-1143: Is also in conflict with the government over the N2 Gateway Housing Project. The community law centre of the University of the Western Cape and the Centre on Housing Rights and Evictions were admitted as friends of the court in support of Joe Slovo residents. Judgment in the case was reserved in August 2008. On 10 June 2009, the Constitutional Court ruled in favour of the eviction of Joe Slovo residents but only based on certain conditions including that 70% of homes built on Joe Slovo land be allocated to Joe Slovo residents, that government must enter into consultation with residents, and that temporary relocation areas where residents were to be moved be of higher quality. In August 2009, new Minister for Human Settlements, Tokyo Sexwale, placed

288-596: Is an important tool to support national struggles addressing housing rights violations. In many instances, decisions issued at the United Nations level or by regional human rights mechanisms play an important role in changing a government policy or legislation, while also providing crucial support to groups and communities fighting forced evictions and other housing rights violations. With its International Secretariat in Geneva , COHRE regularly provides direct access to

324-454: Is often not sufficient in itself. As national, regional and international action can be very effective in cases of major housing rights violations, COHRE also formed partnerships with organisations working at these broader levels. Another tool is the collection of relevant, accurate information. COHRE regularly sends multi-disciplinary fact-finding teams to key focus countries. They typically conduct in-loco investigations, conduct interviews with

360-679: Is possible. Joe Slovo Informal Settlement Joe Slovo is an informal settlement in Langa, and in Milnerton Cape Town . Like many other informal settlements, it was named after former housing minister and anti- Apartheid activist, Joe Slovo . With over 20,000 residents, Joe Slovo is one of the largest informal settlements in South Africa . While residents have been fighting for 15 years for their right to live in Langa,

396-661: The 2010 FIFA World Cup . They cite government documents prioritising the development in light of its visibility near to the Cape Town Airport. They also cite the mass evictions that have taken place moving shackdwellers off the N2 corridor into Delft. The South African government has stated that 14,000 homes housing 70,000 people at a cost of R2 billion was delivered by 2015. To make way for Joe Slovo Phase 1 (a.k.a. N2 Gateway Phase 1), about 1,000 Joe Slovo residents were moved to Temporary Relocation Areas (TRAs) in Delft. After

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432-658: The Anti-Eviction Campaign as well as residents from Symphony Way , an informal settlement that is also in conflict with the government over the N2 Gateway Housing Project . The Centre on Housing Rights and Evictions and the Community Law Centre from the University of Cape Town, who joined the case as friends of the court, argued that the mass relocation would significantly impact residents' quality of life. During

468-769: The South African Constitution . Since then, residents have appealed the decision and taken it to the South African Constitutional Court . In August 2008, about 200 Joe Slovo residents travelled by train, spent the night at the Methodist Church in Braamfontein, and arrived at the Constitutional Court to protest proposed evictions. They were accompanied in solidarity by the Anti-Eviction Campaign as well as residents from Symphony Way, an informal settlement that

504-767: The United Nations Economic and Social Council (ECOSOC, 1999), and the Organisation of American States (OAS, 2002), and had participatory status with the Council of Europe (CoE, 2003) as well as Observer Status with the African Commission on Human and Peoples' Rights (ACHRP, 2003). Through three regional programmes covering Africa, Asia-Pacific and the Americas, COHRE had joined forces with partners non-governmental organisations ( NGOs ), communities and committed professionals, in pursuit of

540-692: The ANC-led City of Cape Town for Joe Slovo fire victims and is now managed by Thubelisha Homes on behalf of the National Government, has become a centerpiece of the N2 Gateway strategy. It houses shack-dwellers who have been forcibly or voluntarily moved from shack settlements such as those in Joe Slovo, Khayelitsha , Crossroads, Nyanga and Gugulethu . According to a study of Tsunami by the Development Action Group,

576-477: The January 2005 fire, which destroyed 3000 shacks and made 12,000 people homeless, Joe Slovo residents were promised priority in the allocation of N2 Gateway housing. The original plan was for 12,000 rental units to be built during Joe Slovo Phase 1 on the land taken during a massive fire in Joe Slovo in January 2005. Eventually, only 705 houses in that phase were built. It is reported that only one Joe Slovo resident

612-423: The N2 Gateway completed, the National Government ordered the eviction of the remaining 20,000 shackdwellers to Temporary Relocation Areas in Delft (see section below). Joe Slovo residents have opposed government's order that they be forcibly removed. Residents refused to be moved claiming that the government was not getting rid of the slums but just moving them far away to Deflt where there are no jobs, few schools and

648-803: The United Nations for groups in the developing world to conduct specific advocacy and lobbying, get concrete decisions and recommendations helping them in their struggle, learn about the UN human rights machinery and get crucial contacts and supports for their case. COHRE also arranges petitions and presentations to regional bodies such as the Inter-American Commission on Human Rights and the African Commission on Human and Peoples’ Rights . COHRE engaged in extensive training programmes with grassroots groups, NGOs , government officials, lawyers and judges. Training programmes are tailored to meet

684-742: The affected communities; for lobbying the relevant government to introduce new policies, laws and programmes. Fact-finding reports are also useful tools at regional and international level to place pressure on the relevant governments; and to form the basis of shadow reports for submission before UN human rights mechanisms and other regional and international bodies. COHRE supported local groups and support organisations to mobilise and campaign against housing rights violations by issuing formal letters of protest to governments, presenting submissions to government missions, launching joint action campaigns, and exerting public pressure through media exposure. In cases of extreme and sustained violations, without any attempt by

720-552: The concept of housing as a human right , the importance of allowing affected communities to participate directly in their programmes, and lessons from international best practice. Judges were introduced to the provisions and importance of international law. The different groups were also brought together to exchange ideas and to develop joint strategies. COHRE promotes policy and legislative reform at national, regional and international level, to ensure that housing rights and delivery frameworks and legal instruments are improved where it

756-462: The consequence of inadequate legal protection for the poor . Again, it might be the result of preparations to host a mega-event such as a world cup tournament or the Olympic Games . COHRE developed and tested a range of tools, to be used in different combinations and at different levels, as each particular situation demands. These include: COHRE’s work was based on the assumption that

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792-415: The draft fact-finding reports as tools for consultation and negotiations with key role-players, including governments. This strategy has proven effective in convincing government to grapple with the extent of the violations and the implications of proceeding with current policies and practice. Once finalised, COHRE fact-finding reports are used as information resources for local human rights organisations and

828-820: The establishment of the Delft TRA: According to DAG, in light of these costs and conditions, the policy intention is not achieved and the expense of establishing the TRA cannot be justified. In 2007, Chris Harris, a professor in the department of geological sciences at UCT, found chrysotile and crocidolite (a.k.a. asbestos ) in material found in the Tsunami TRA. The other TRA is the Symphony Way TRA which has nicknamed ' Blikkiesdorp ' (or 'Tin Can Town') by residents as well as pavement dwellers from

864-628: The event that domestic courts fail to provide an adequate remedy, and capacity-building training and workshops for judges, lawyers and other human rights advocates. In 2009, COHRE lead two cases before the European Committee of Social Rights : No. 52/2008 against Croatia and No. 58/2009 against Italy. The strategic litigation work that COHRE once undertook was continued by the Global Initiative for Economic, Social and Cultural Rights. Action at regional and international levels

900-418: The eviction of residents on hold while Joe Slovo. In September 2009, reports surfaced that the Constitutional Court had quietly issued a new order suspending the eviction of Joe Slovo residents until further notice. There are two Temporary Relocation Areas (TRAs) or transit camps that are connected to the N2 Gateway project in Delft. The Delft TRA (nicknamed Tsunami and Thubelisha), which was originally built by

936-436: The goal of housing rights for everyone, everywhere. During more than a decade of promoting housing rights throughout the world, COHRE learnt that there is no single methodology that can address the wide range of processes undermining the right to adequate housing. This is because the problem of housing rights is simply too pervasive, the causes too diverse, for blueprint responses or methodologies to be effective . For example,

972-486: The governments concerned to take remedial steps, COHRE would consider including the country concerned in the list of housing rights violators as part of its Housing Rights Violator, Protector and Defender Awards, announced at the end of every year until 2008. This tool had proven remarkably effective in naming and shaming perpetrators of the worst housing rights violations, while at the same time highlighting positive efforts by governments and individuals to promote and protect

1008-519: The housing development project. The Western Cape Housing MEC, Bonginkosi Madikizela, has admitted to serious defects in the N2 Gateway Phase 1 Flats saying that "Some of the units, it will not actually help to fix them. I think a possible solution which is something very difficult to do would be just to demolish the building you know and start afresh. In September 2009, the UN affiliated Centre on Housing Rights and Evictions (COHRE) published

1044-406: The housing rights of communities. In the past, COHRE undertook strategic litigation to enforce human rights standards, remedy past human rights violations and generate beneficial jurisprudence in the area of economic, social and cultural rights . COHRE's work in this area included legal advice for test cases at the domestic level, taking cases before international and regional judicial forums in

1080-404: The main role players, study relevant laws, policies and programmes and do any additional research required for an assessment of the nature and scope of land and housing rights violations in a particular situation. This would provide the basis for drawing up recommendations and alternatives. These missions are usually conducted at the request of, and in collaboration with, local partners. COHRE used

1116-462: The needs of a particular target group and context. Community groups and support organisations were assisted to understand their rights and to develop strategies to realise those rights, participation in housing rights movements and the formulation of alternatives. Lawyers were trained to be more sensitive to the needs and the role of communities, and to incorporate international legal protections into their arguments. Government officials were introduced to

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1152-635: The rights to water and sanitation. As of the end of 2011, COHRE maintained registered offices in the Asia-Pacific region ( Cambodia ) and Africa ( Kenya ). These remaining offices coordinated regional and local activities in pursuit of COHRE’s mission. COHRE’s mission is to ensure the full enjoyment of the human right to adequate housing for everyone, everywhere, including preventing forced evictions of persons, families and communities from their homes or lands. COHRE ceased operations in early 2012. COHRE had been granted Special Consultative Status by

1188-590: The role of the affected communities is of crucial importance in addressing housing rights violations. The poor themselves should be directly involved in formulating and implementing solutions and alternatives. Communities have a vital contribution to make, without which most housing-related projects simply will not succeed. In housing rights or eviction cases where COHRE became directly involved, COHRE therefore strived to build alliances and partnerships and to embark on joint campaigns with groups and support organisations working at community level. Working at community level

1224-449: The ruling to be unjust and against the South African Constitution . Since then, residents have appealed the decision and taken it to the South African Constitutional Court . In August 2008, about 200 Joe Slovo residents travelled by train to Johannesburg, spent the night at the Methodist Church in Braamfontein, and arrived the morning early at the Constitutional Court to protest proposed evictions. They were accompanied in solidarity by

1260-435: The settlement recently came into prominence when it began to oppose the national pilot housing project of minister Lindiwe Sisulu called The N2 Gateway . Residents have opposed the government's request that they be forcibly removed to Delft , a new township on the outskirts of the city. After a High Court ruling by controversial Judge John Hlophe in favor of the Government, many experts in constitutional law have claimed

1296-470: Was able to afford the flats whose rents skyrocketed and forced new tenants into a year-long rent boycott. The boycott has been supported by residents of Joe Slovo Informal Settlement, social movements, such as the Anti-Eviction Campaign , and civil society. The Western Cape Housing MEC has recently admitted major structural defects to the Phase 1 flats saying that they may have to be demolished. With Phase 1 of

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