Human Rights Action (HRA) would like to pay tribute to Mr. Miodrag Todorović, the owner of the land on which settlement Zverinjak was built, because he has once again accepted postponement of the execution of the judgment on the demolition of houses in which six families with more than 30 members currently live. Thus Mr. Todorović again waived his right to use his property for the benefit of the vulnerable families that include eleven children. The execution of the court decision to demolish the houses and evict the families has been postponed to 15 May.
We emphasize that the State is obliged to ensure the protection of human rights to everyone, including Mr. Todorović, who has the right to use his property, as well as to socially vulnerable families, who have the right to adequate housing and protection from homelessness. In this regard, HRA again appeals to the Ministry of Labour and Social Affairs and the municipality of Nikšić, to recognize Todorović’s goodwill and in the next 50 days until the new deadline provide alternative housing for vulnerable families living in this settlement.
The human right to adequate housing, as one aspect of the right to an adequate living standard, is guaranteed by international human rights instruments that oblige Montenegro: the Universal Declaration of Human Rights[1], the Convention on the Rights of the Child[2] and the International Covenant on Economic, Social and Cultural Rights. In particular, we emphasize the position of the Committee on Economic, Social and Cultural Rights[3] (General Comment No. 7, paragraph 16) that the eviction should not result in homeless people, and that the State must take measures to provide adequate alternative housing in this case.
In a letter to Human Rights Action from December 2013, the municipality of Nikšić proposed that existing foundations in the village of Gračanica should be used as a location where apartments for the families could be built. Even though HRA offered to help, we have not received information from the Municipality whether any progress has been made, or at what stage is the development of plans, cost estimates and fundraising.
Meanwhile, the Ministry of Labour and Social Welfare and the Centre for Social Work Nikšić informed us that they do not have the funds to provide housing for the vulnerable families, although the Law on Social and Child Protection prescribes special protection to the homeless by placing them in shelters and urgent protection of socially vulnerable persons through immediate intervention services.
Although the information that a family of five managed to provide new housing with the assistance of HELP and UNHCR is encouraging, we emphasize that other vulnerable residents of the Zvjerinjak settlement, among which is a large number of children and the elderly, are in need of urgent assistance from the state authorities or otherwise so they could become homeless on May 15.
More details on the case Zvjerinjak are available here.
[1] Article 25, para 1: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and 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. “.
[2] Article 27, para 1: “States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.”; para 3: “States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.”
[3] Article 11, para 1: “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent“. The Committee on Economic, Social and Cultural Rights emphasized that the right to housing is crucial for the realization of all economic, social and cultural rights (General Comment no. 4, The right to adequate housing (Art. 11 (1)), 13/12/1991) § 1.
