The International Right to Housing, Evictions and the Obligation to Provide Alternative Accommodation

Abstract

This article analyses if, and how, the international right to housing obliges states to protect the victims of justifiable evictions, particularly evictions due to rent arrears. It concerns a comparative analysis of practices in one Asian and one European jurisdiction: Indonesia and the Netherlands. The study juxtaposes measures adopted by each of the governments, regarding their obligations to protect tenants from eviction and to rehouse them post-eviction. As the use of rental accommodation in Indonesia is increasing, a comparison with the Netherlands – where rental accommodation has a prominent role – is beneficial. One significant finding is there is a grey area regarding the protection of people who are evicted due to rent arrears. Although states should protect these victims in the same way as they do people affected by (urban) development, it is unclear how far this protection should go. In the absence of parameters for such protection, the two countries have adopted measures to prevent victims from becoming homeless. The Netherlands protects tenants by providing legal mechanisms against the threat of eviction, and by providing adequate shelter for such victims. Indonesia also shows its intention to protect tenants, by adopting an ad hoc policy to help tenants pay their rent. These measures both seem to be effective, yet there is still a pivotal need for more structured frameworks.