Special Rapporteur Reports on the Right to Housing in Algeria

The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to nondiscrimination in this context, Ms. Raquel Rolnik, visited Algeria from 9 to 19 July 2011. She focused in particular on housing policies currently in place and the reasons for which, after a decade of intense construction of public housing, the country still seems to have a housing crisis and major problems in terms of accessibility and affordability.

The Special Rapporteur was struck by the fact that the idea of housing as a fundamental right is deeply rooted in Algerian society and that the State considers the question of housing to be one of its main responsibilities vis-à-vis the population. She welcomes the progress made by the State in implementing the right to adequate housing and notes in particular the construction of a large housing stock for low-income households.

Despite the progress achieved, the Special Rapporteur notes that considerable efforts must still be made, in particular to diversify housing policies in accordance with existing needs in the country and to ensure that everyone can benefit from this right without discrimination. In this report, the Special Rapporteur shows how a democratization of housing policy based on transparency and the direct involvement of citizens and organizations of civil society in the definition and implementation of these policies would constitute a very important step in shifting the focus from housing construction to the actual realization of the right to housing in Algeria.

During her visit, the Special Rapporteur received numerous testimonies of evictions, often carried out on the basis of judicial decisions following procedures instituted by private owners against tenants. The Special Rapporteur notes that the problem of evictions is closely associated with the question of legal security of tenure for tenants and their ability to pay. She expresses concern at a phenomenon which seems to be on the rise, especially since the adoption of the new Code of Civil Procedure in 2008. Under the new Code, eviction cases are dealt with on an urgent basis by an interim relief judge and thus are heard as a matter of priority. The deadline for a summons to appear may be reduced to 24 hours. Interim orders are immediately enforceable, with or without surety, notwithstanding legal remedies, and as such they are not subject to appeal or annulment.

The Special Rapporteur concludes her report with a set of recommendations to assist the Government in its efforts to improve the effective enjoyment of the right to adequate housing.

The Government of Algeria also issued a critical response to Ms. Rolnik’s report, which is available in French only.