{"id":106,"date":"2011-05-31T00:09:07","date_gmt":"2011-05-30T15:09:07","guid":{"rendered":"http:\/\/test.hrn.or.jp\/?p=106"},"modified":"2023-10-25T09:44:29","modified_gmt":"2023-10-25T00:44:29","slug":"right-to-housing-livelihood-proposal","status":"publish","type":"post","link":"https:\/\/hrn.or.jp\/eng\/news\/2011\/05\/31\/right-to-housing-livelihood-proposal\/","title":{"rendered":"Proposal regarding affected people’s right to housing and adequate livelihood support"},"content":{"rendered":"

<\/p>\n

Proposal regarding affected people’s right
\nto housing and adequate livelihood support<\/o:p><\/span><\/p>\n

 <\/o:p><\/span><\/p>\n

10 May 2011<\/o:p><\/font><\/span><\/p>\n

Human Rights Now<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

Based on the findings of legal consultation
\nand investigation into the needs of affected peoples<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

1. Promotion of temporary housing<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

It has been about two months since the
\nGreat East Japan Earthquake. For those who lost their homes in the disaster,
\ntheir ongoing and prolonged life as evacuees is exacerbating their fatigue.
\nMore and more people are damaging their health and suffering mental distress
\ndue to living a communal life with no privacy. <\/o:p><\/font><\/span><\/p>\n

It is imperative to promptly ensure the
\nright of the people affected by the disaster to live in houses, such as
\ntemporary homes. However, according to the announcement made by the Housing
\nBureau of the Ministry of Land, Infrastructure, Transport, and Tourism (MLIT),
\ndated 9 May, only 6,982 temporary houses had been completed, and a further
\n29,244 were under construction, one month after the disaster. (<\/font>http:\/\/www.mlit.go.jp\/common\/000140307.pdf<\/font><\/span><\/a>)
\n<\/o:p><\/font><\/span><\/p>\n

\u2028<\/font><\/span>This does not meet the needs of the hundreds of thousands
\nof people living as evacuees. Under the Disaster Relief Act and international
\nhuman rights law, the government bears the primary responsibility to ensure the
\nright to housing for people affected by the disaster. <\/o:p><\/font><\/span><\/p>\n

Human Rights Now (HRN) requests that the
\ncentral government implement the following:<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Take all
\nmeasures necessary to ensure that all of the disaster victims who are willing
\ncan move into temporary houses immediately.<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Identify
\ncauses of delay in the construction of temporary houses and eradicate the
\ncauses.<\/font><\/span><\/o:p><\/font><\/span><\/p>\n

Also, HRN requests that the central
\ngovernment and prefectural governments do the following:<\/o:p><\/font><\/span><\/p>\n

In cases in which local governments are themselves
\ngreatly affected by the disaster and unable to sufficiently meet the need for
\nrescue and temporary house construction, take effective measures to ensure the
\nright to housing in various ways, such as by drastically expanding the support
\nsystem through sending staff to local governments where construction has been
\ndelayed due to disaster damage. <\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

2. Promotion of use of private housing<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

The central government issued circular
\nnotices to the three prefectural governments affected by the disaster that private-sector
\nhouses would be funded by the central government under the Disaster Relief Act.
\nUnder this scheme, local governments rent private-sector houses to provide to
\naffected people in their region. After the disaster, the affected people then
\nsign contracts to rent the properties themselves.<\/o:p><\/font><\/span><\/p>\n

 (E.g. Circular notice 110430, issued by the Ministry of
\nHealth, Labour and Welfare, dated on 30 April)<\/o:p><\/font><\/span><\/p>\n

On the notices issued by the central
\ngovernment, it states that a system has been established in which private-sector
\nhouses rented by affected people will be funded, to a certain extent, for two
\nyears by the central government, in the same way as rent is subsidised for
\ntemporary houses when <\/font><\/span>those houses are recognized
\nas temporary houses.<\/font> <\/o:p><\/font><\/span><\/span><\/p>\n

\u2028<\/font><\/span>Whilst it was expected that many of the affected people
\nwould use the system, in reality it has not been well publicised to those in
\nneed. A large number of people still do not have definitive information or
\nunderstand how to apply for the scheme, and thus do not have access to it. <\/o:p><\/font><\/span><\/p>\n

HRN requests that, under the Disaster
\nRelief Act, the prefectural governments affected by the disaster implement the
\nfollowing: <\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Approve
\nsubsidy for rents, deposits and key money for all applications from those
\naffected by the disaster when they move into private-sector houses, <\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Provide all
\nthe affected people with thorough information on rent subsidy for
\nprivate-sector houses, <\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>\u2028<\/font><\/span>Provide a
\nclear and easy-to-understand application process to qualify for the subsidy,<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>\u2028<\/font><\/span>Fulfill the
\nhousing needs of the affected people immediately by actively making use of the
\nprivate-house system.<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

HRN further requests that the central
\ngovernment disseminate the abovementioned notices, which currently have not
\nbeing well publicised to the affected people.<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

3. Support for evacuees living in locations
\nfar from their residence<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

Quite a few evacuees are living in
\ntemporary accommodation that is far from their own residence. Those people are
\nnot only isolated from their communities but also unable to receive various
\nservices, such as the provision of relief supplies except food and medical
\ncare. Furthermore, they are not provided with information about the support
\nsystem. This situation is particularly serious for the elderly and the disabled
\nwho are forced to live in isolation from their communities without support. It
\nis of extreme importance to provide both information and support under the
\nDisaster Relief Act, such as full medical services.<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

\u2028<\/font><\/span>HRN requests that the central government, prefectural
\ngovernments and local governments take the following measure:<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Provide both
\nthe appropriate information about support for affected people, and the
\nnecessary support under the Disaster Relief Act, such as aid delivery and
\nmedical services to evacuees living in temporary accommodation far from their
\nresidence.<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

4<\/font><\/span>\u3000<\/font><\/span>Support after moving to temporary houses<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

From now on, the situation must be avoided
\nin which people moved to temporary houses are forced to live in isolation from
\ntheir communities without sufficient support and information.<\/o:p><\/font><\/span><\/p>\n

\u2028<\/font><\/span>Some people in evacuation centres are worried about the
\nprovision of temporary houses, and think they have no choice but to stay in
\nevacuation centres because in temporary houses they might have difficulty even
\ngetting food.<\/o:p><\/font><\/span><\/p>\n

As for the construction of temporary houses
\nand the relocation of affected people, HRN requests that the central government
\nand local governments do the following: <\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Promote the
\nrelocation of affected people to temporary houses with full respect for their
\ncommunities,<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Issue a
\ncircular notice that requires the continued provision of support, under the
\nDisaster Relief Act, such as food, clothing and medical care, to affected
\npeople who move into temporary houses,<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>         
\n<\/font><\/span><\/span>Establish a
\nframework that provides an environment in which various services, including
\nadministrative services, access to the support system, information and medical
\ncare, sufficiently reach all the affected people.<\/o:p><\/font><\/span><\/p>\n

\u2028<\/font><\/span><\/o:p><\/font><\/span><\/p>\n

5. Displacement from evacuation centres
\nmust be a last resort<\/o:p><\/font><\/span><\/p>\n

\u2028<\/font><\/span><\/o:p><\/font><\/span><\/p>\n

Amidst their ongoing and prolonged life as
\nevacuees, quite a few of the affected peoples have been forced to leave
\nevacuation centres following the announcement that their centre will close.
\nRelocation of affected people from place to place harms their mental and
\nphysical health, and therefore must be a last resort. It is an acceptable
\noption only when there is a truly compelling reason, when enough time and
\nopportunity for consultation with the affected people is guaranteed in advance,
\nand when adequate accommodation is secured for them to move into. Unilateral
\ndemands for displacement amount to a violation of the right to housing
\nguaranteed under international human rights treaties (International Covenant on
\nSocial, Economic and Cultural Rights).<\/o:p><\/font><\/span><\/p>\n

Thus, HRN requests that each local
\ngovernment avoids displacing evacuees as much as possible, and makes all
\nadjustments necessary to accomplish the original purposes of the facilities
\nbeing used as evacuation centres. <\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

6 Full enforcement of the Disaster
\nRelief Act and early distribution of relief money<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

Due to the fact that each evacuation centre
\nand local government has been managing their evacuee situation differently for
\nthis prolonged period of over two months, disparities have emerged between
\nevacuation centres in the supply of food, aid and quality of living
\nenvironment.  <\/o:p><\/font><\/span><\/p>\n

\u2028<\/font><\/span>For instance, upon monitoring eleven evacuation centres
\nin four prefectures, HRN found the following:<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>     
\n<\/font><\/span><\/span>There is
\ngreat disparity between the ways in which local governments are dealing with
\nfood supply. In the evacuation centres run by some local governments, residents
\nare not guaranteed sufficient nutrition. If emergency rice provisions are
\nreduced in the days ahead, the nutritional condition of residents in such
\nplaces will deteriorate considerably. <\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>     
\n<\/font><\/span><\/span>Whilst
\nprivate rooms are provided for accommodation in some evacuation centres, there
\nare others in which only a small amount of space is provided and residents lay
\nout their bedding in classrooms and cultural facilities. In some other
\nevacuation centres, there is not even enough space for all the residents to fit
\nin the available rooms, so people are forced to sleep in hallways without
\npartitions. The disparity between such places is considerable. The central
\ngovernment bears a responsibility to guarantee the ‘right to maintain the
\nminimum standards of wholesome and cultured living’ stipulated in Article 25 of
\nthe Constitution of Japan in an equal way to all the affected people. The same
\napplies for their rights to food, health and housing under the International
\nCovenant on Social, Economic and Cultural rights. During their prolonged life
\nas evacuees, the huge disparity in the conditions of the affected people and
\nlimited guarantee of their rights must be resolved immediately. <\/o:p><\/font><\/span><\/p>\n

HRN requests that the central government
\nand prefectural governments implement the following:<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>     
\n<\/font><\/span><\/span>Investigate
\nthe conditions of each evacuation centre and monitor the application of the
\nDisaster Relief Act in each evacuation centre,<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>     
\n<\/font><\/span><\/span>Adequately
\nguarantee the affected people’s rights to food, health and housing by providing
\nsupport to local governments if necessary, <\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>     
\n<\/font><\/span><\/span>Monitor the
\napplication of circulars and take measures to ensure the full enforcement of
\nthem rather than just issuing them.<\/o:p><\/font><\/span><\/p>\n

 <\/font><\/o:p><\/span><\/p>\n

Furthermore, the delayed distribution of
\ncash makes it extremely difficult for the affected people to live independent
\nlives when they have little prospect of getting new jobs and difficulty getting
\ncash due to problems in inheritance procedures.<\/o:p><\/font><\/span><\/p>\n

HRN requests that the central government,
\nprefectural governments and all the relevant originations implement the
\nfollowing:<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>     
\n<\/font><\/span><\/span>Distribute
\ncash in accordance with the Disaster Relief Act,<\/o:p><\/font><\/span><\/p>\n

\u2022<\/font>     
\n<\/font><\/span><\/span>Take all
\navailable measures to reform the current system which seriously delays the distribution
\nof relief money, so that affected people can receive it as soon as possible.<\/font><\/o:p><\/span><\/p>\n

\u2028<\/span><\/o:p><\/span><\/p>\n

\u2028<\/span><\/o:p><\/span><\/p>\n

 <\/o:p><\/span><\/p>\n

 <\/o:p><\/span><\/p>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Proposal regarding affected people’s right to housing and adequate livelihood support   10 May 2011 Human Rights Now   Based on the findings of legal consultation and investigation into the needs of affected peoples   1. Promotion of temporary housing   It has been about two months since the Great East Japan Earthquake. For those who lost their homes in the disaster, their ongoing and prolonged life as evacuees is exacerbating their fatigue. More and more people are damaging their health and suffering mental distress due to living a communal life with no privacy. It is imperative to promptly ensure the right of the people affected by the disaster to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[13],"tags":[12],"countries":[248],"class_list":["post-106","post","type-post","status-publish","format-standard","hentry","category-statement","tag-economic-social-and-cultural-rights","countries-japan"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/106","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/comments?post=106"}],"version-history":[{"count":2,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/106\/revisions"}],"predecessor-version":[{"id":500,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/posts\/106\/revisions\/500"}],"wp:attachment":[{"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/media?parent=106"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/categories?post=106"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/tags?post=106"},{"taxonomy":"countries","embeddable":true,"href":"https:\/\/hrn.or.jp\/eng\/wp-json\/wp\/v2\/countries?post=106"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}