Out of Sight, Out of Mind:

Transcription

1 Out of Sght, Out of Mnd: Travellers Accommodaton n Northern Ireland EXECUTIVE SUMMARY March 2018

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3 Foreword 3 Out of sght, out of mnd, the comment of a Councllor n Derry Cty and Strabane Dstrct Councl neatly encapsulates the nerta and declne n developng Travellers accommodaton and servces. Our human rghts nvestgaton s the f rst major examnaton of the ssue for almost a decade and the f ndngs reman depressngly famlar. As a representatve of South Tyrone Empowerment Programme noted we have read reports from 1999 that are as relevant today, as they were n It has not moved on. Ths Groundhog Day does not have to contnue. Frst, there are a number of mportant quck wns the Desgn Gude for Traveller Stes n Northern Ireland s now over 20 years old and needs updated and modernsed, ste lcencng arrangements need to be put nto effect and groundwork needs to be undertaken to ensure that the Traveller Accommodaton Needs Assessment due next year effectvely nvolves Travellers and becomes part of a comprehensve gatherng of data towards an evdence based polcy approach to meetng Travellers accommodaton needs. In the longer term, there needs to be suff cent emergency haltng, transt and servced stes, properly supported, to meet Travellers needs and a pro-actve and partcpatve approach to makng ths happen. In lne wth the approach taken n the Northern Ireland Executve s Programme for Government, ths nvestgaton charts the mpact of the actons taken and omssons made by government departments and publc authortes. The nexorable mpact of publc polcy has been to leave many Travellers wth an unpalatable choce of retanng ther culture whle lvng n poor housng condtons or move nto socal housng. Whle for some Travellers, socal housng s ther choce of accommodaton, for others t s not. Traveller culture s rch and vbrant and should be nurtured, rather than eroded through housng and other polces. The am of the nvestgaton has been to use a human rghts based lens to vew the current crcumstances applyng to Travellers accommodaton. The nvestgaton seeks practcal mmedate and longer-term answers to meet the needs for suff cent Travellers accommodaton. The Commsson wll engage wth all the key publc bodes wth a role to play and encourage effectve communcaton wth Travellers and Traveller support organsatons to ensure an effectve, partcpatve and joned up approach to resolvng the problems dentf ed n the report. We wll montor the progress of our recommendatons n the f rst nstance over the next 12 months and for those of greatest urgency over sx months. We have provded an Appendx settng out the lst of recommendatons that apply to each publc authorty, so that the way forward and where responsblty les s clear and unequvocal. Fnally, I would lke to thank my colleagues Dr Hannah Russell and Fona O Connell who undertook the nvestgaton and to all the publc authortes, cvl socety organsatons, Travellers and others who wllngly provded ther experence and knowledge. I trust ther nsghts wll bear frut as a result of ths nvestgaton. Les Allamby, Chef Commssoner

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5 Overvew 5 Investgaton Powers of the Northern Ireland Human Rghts Commsson The Northern Ireland Human Rghts Commsson (NIHRC) was establshed followng the Belfast (Good Frday) Agreement under the Northern Ireland Act Secton 69 of the Act empowers the NIHRC to conduct nvestgatons and to compel evdence. 1 The fndngs and recommendatons n ths report are presented n lne wth the NIHRC s statutory duty to revew the adequacy and effectveness of law and practce relatng to the protecton of human rghts n Northern Ireland (NI). 2 The Case for an Investgaton The NIHRC ntated the nvestgaton followng a scopng exercse n June 2016 that dentfed ssues, whch requred further examnaton. These ncluded: a shortage of adequate stoppng stes for Roma/Gypses and Irsh Travellers; 3 a lack of socal housng forcng households to move nto the prvate rental sector; 4 a requrement for the NI Housng Executve to obtan ste lcences from local Councls for Travellers stes; 5 a dsparty between offcal fgures on the Traveller populaton n NI; the exstence of the Unauthorsed Encampments (NI) Order 2005; 6 the general nadequacy of Travellers accommodaton; 7 and the lack of authortatve human rghts analyss of Travellers accommodaton n NI. 8 Who are Travellers? For the purposes of ths nvestgaton, Traveller s used as an umbrella term for any member of a tradtonal Gypsy or Traveller communty lvng n or travellng through NI wth a long-shared hstory, culture and tradtons that ncludes dentfyng wth or contnung to practce a nomadc way of lfe. 1 Sectons 69(8) and 69A NI Act 1998, as amended by the Justce and Securty (NI) Act Durng ths nvestgaton, the NIHRC dd not however use ts formal nvestgatory powers due to the hgh levels of cooperaton from the publc authortes nvolved. 2 Sectons 69(1) and 69(8A), NI Act E/C.12/GBR/CO/5, ICESCR Commttee Concludng Observatons on the Ffth Perodc Report of the UK of Great Brtan and NI, 22 May 2009, at para Ibd; E/C.12/GBR/CO/6, ICESCR Commttee Concludng Observatons on the Sxth Perodc Report of the UK of Great Brtan and NI, 14 July 2016, at para NIHRC, Wrtten Evdence to the Commttee for Socal Development, NI Assembly on the Caravans Bll (NIHRC, June 2010), at paras and 21; NIHRC, NIHRC Submsson to the UN Commttee on Economc, Socal and Cultural Rghts 58 th Sesson on the Sxth Perodc Report of the UK s Complance wth ICESCR (NIHRC, Aprl 2016), at E/C.12/GBR/CO/5, ICESCR Commttee Concludng Observatons on the Ffth Perodc Report of the UK of Great Brtan and NI, 22 May 2009, at para 30; E/C.12/GBR/CO/6, ICESCR Commttee Concludng Observatons on the Sxth Perodc Report of the UK of Great Brtan and NI, 14 July 2016, at para 49 7 Equalty Commsson NI, Outlnng Mnmum Standards for Traveller Accommodaton (ECNI, 2009), at 9-10; Safa Abdella et al, Our Geels: All Ireland Traveller Health Study (UCD, 2010), at 46; NICEM, The Annual Human Rghts and Racal Equalty Benchmarkng Report 2013/14 (OFMDFM, 2014), at 96; E/C.12/GBR/CO/5, ICESCR Commttee Concludng Observatons on the Ffth Perodc Report of the UK of Great Brtan and NI, 22 May 2009, at para 30; E/C.12/GBR/CO/6, ICESCR Commttee Concludng Observatons on the Sxth Perodc Report of the UK of Great Brtan and NI, 14 July 2016, at para OFMDFM, A Shared Future Polcy and Strategc Framework for Good Relatons n NI (OFMDFM, 2005); OFMDFM, A Racal Equalty Strategy for NI (OFMDFM, 2005); ECNI, Statement on Key Inequaltes n NI (ECNI, 2007); Chrs Johnson and Marc Wllers (eds), Gypsy and Traveller Law (Legal Acton Group, 2007) ECNI, Outlnng Mnmum Standards n Traveller Accommodaton (ECNI, 2009); Safa Abdella et al, Our Geels: All Ireland Traveller Health Study (UCD, 2010); Department of the Envronment, Plannng Polcy Statement 12: Housng n Settlements (DoE, 2013); Geraldne Scullon and Shela Rodgers, Traveller Voces for Change: Mappng the vew of Irsh Travellers on Integraton and ther Sense of Belongng n NI (2014); NI Housng Executve, Traveller Accommodaton Needs Assessment (NIHE, 2014); NICEM, The Annual Human Rghts and Racal Equalty Benchmarkng Report 2013/14 (OFMDFM, 2014); Alson Wallace, Housng and Communtes Inequaltes n NI (ECNI, 2015); ECNI, Key Inequaltes n Housng and Communtes (ECNI, 2016).

6 6 What s Travellers Accommodaton? For the purposes of ths nvestgaton, Travellers accommodaton s any form of housng nhabted by members of the Traveller communtes. Ths workng defnton ncludes grouped housng; 9 Travellers stes (servced, 10 servced/transt, 11 transt, 12 emergency haltng, 13 co-operated 14 and unauthorsed 15 ); standard socal housng; 16 and prvate rented propertes. 17 Human Rghts Laws and Standards The man sources of human rghts laws and standards are nternatonal and regonal human rghts treates. The provson and regulaton of socal housng and the regulaton of prvate housng s a devolved matter n NI. Implementng human rghts laws and standards relevant to Travellers accommodaton s a responsblty of publc authortes. Unted Natons The man UN human rghts treaty that relates to Travellers accommodaton s the Internatonal Covenant on Economc, Socal and Cultural Rghts (ICESCR), partcularly Artcle 11, the rght to an adequate standard of lvng. 18 A number of other treates are relevant to the rght to adequate housng ncludng the Internatonal Covenant on Cvl and Poltcal Rghts (ICCPR); 19 Conventon on the Elmnaton of All Forms of Racal Dscrmnaton (CERD) 20 ; the Conventon on the Elmnaton of All Forms of Dscrmnaton Aganst Women (CEDAW); 21 the Conventon on the Rghts of the Chld (CRC); 22 and the Conventon on the Rghts of Persons wth Dsabltes (CRPD). 23 Broadly defned, the rght to adequate housng s the rght to lve somewhere n securty, peace and dgnty. 24 It s more than supplyng and makng housng avalable, the housng tself must be adequate. The ICESCR Commttee has establshed that the rght to adequate housng requres adequate: legal securty of tenure; avalablty of servces, materals, facltes and nfrastructure; affordablty; habtablty; accessblty; 9 Grouped housng schemes are resdental housng developments wth addtonal facltes and amentes specfcally desgned to accommodate extended Traveller famles on a permanent bass. 10 Servced stes facltate the permanent locaton of chalets, tralers or caravans. 11 Servced/transt stes are splt nto two wth a secton of permanent ptches and a secton of temporary ptches. 12 Transt stes facltate a temporary or short-term locaton of caravans. They are for a maxmum stay of three months. 13 Emergency haltng stes are for the temporary or short-term locaton of caravans. They are for a maxmum stay of 28 days. 14 Co-operated stes enable Travellers to camp on publc land on a temporary bass, subject to a number of health and safety requrements. It s not a substtute for permanent or transt stes, but s a way of dealng wth a humane requrement. 15 Stes that have not been authorsed by the NI Housng Executve or relevant local Councl. 16 Brcks and mortar socal housng. 17 Brcks and mortar prvate rented housng and prvate rented caravans, tralers or chalets. 18 Ratfed by the UK on 20 May Artcles 2, 17 and 26, Internatonal Covenant on Cvl and Poltcal Rghts Artcle 5(e)(), Conventon on the Elmnaton of Racal Dscrmnaton Artcle 14(2)(h), Conventon on the Elmnaton of Dscrmnaton aganst Women Artcle 27(3), Conventon on the Rghts of the Chld Artcles 9, 28(1) and 28(2)(d), Conventon on the Rghts of Persons wth Dsabltes E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 8.

7 7 locaton; cultural adequacy; and freedom from forced evcton. 25 Councl of Europe The man human rghts treaty of the Councl of Europe (CoE) s the European Conventon of Human Rghts (ECHR). There are a number of other treates relevant to the subject of Travellers accommodaton, ncludng the Framework Conventon on the Protecton of Natonal Mnortes (FCNM), the European Socal Charter 1961 and the European Socal Charter (Revsed) European Unon The Charter of Fundamental Rghts of the European Unon (CFREU) s relevant regardng Travellers accommodaton. The Methodology The NIHRC launched ths year-long nvestgaton n NI on September The nvestgaton consdered Travellers accommodaton across NI and also adopted a case study approach n four local Councl areas: Belfast (Belfast Cty Councl); Cragavon and Armagh (Armagh Cty, Banbrdge and Cragavon Dstrct Councl); Derry/Londonderry and Strabane (Derry Cty and Strabane Dstrct Councl); and Dungannon and Coalsland (Md Ulster Dstrct Councl). The nvestgaton nvolved gatherng wrtten and oral evdence from the 12 relevant publc authortes, 26 eght cvl socety organsatons 27 and 38 members of the Traveller communtes n NI. 28 The NIHRC conducted observatonal vsts to all of the Traveller-specfc accommodaton locatons (servced stes, transt stes, emergency haltng ste, cooperated ste and grouped housng) wthn the four Councl areas adopted as case studes. 29 It also conducted an observatonal vst n Aprl 2017 to two Traveller stes n Dubln, for the purposes of explorng good practce. The Report The 14 substantve chapters of the nvestgaton s full report are structured around the key human rghts laws and standards dentfed as crucal n fulfllng, respectng and protectng the rght to adequate housng, n the context of Travellers accommodaton. The full report s avalable at 25 Ibd; E/1998/22, ICESCR Commttee General Comment No 7: Forced Evctons, 20 May These were Department for Communtes; Department for Infrastructure; NI Housng Executve; Apex Housng Assocaton; Clanml Housng Assocaton; Radus Housng Assocaton (formerly Fold Housng Assocaton); Belfast Cty Councl; Armagh Cty, Banbrdge and Cragavon Borough Councl; Derry Cty and Strabane Dstrct Councl; Md Ulster Dstrct Councl; Equalty Commsson NI; and Polce Servce NI. The NIHRC also lased wth the NI Local Government Partnershp on Travellers Issues and the NI Publc Servce Ombudsman. Housng assocatons are ncluded as publc authortes n accordance wth Weaver v London and Quadrant Housng Trust [2009] EWCA Cv These were An Muna Tober; Cragavon Travellers Support Commttee; Housng Rghts; Pavee Pont; Partcpaton and Practce of Rghts; South Tyrone Empowerment Programme; Armagh Travellers Support Group; and Toybox. 28 The ntervewees resded n a range of accommodatonal types (Travellers stes, grouped housng, standard socal housng) or were experencng homelessness from across NI. 29 A breakdown by Councl area of Traveller-specfc accommodaton n NI s provded n Appendx II. Avalable at:

8 8 Each substantve chapter consders the relevant human rghts laws and standards engaged, followed by an examnaton of the exstng domestc laws and polces consdered to be most relevant. Each chapter then examnes the practces of the relevant publc authortes and the experences of the Traveller communtes and cvl socety organsatons, drawng on the evdence gathered. To conclude, a summaton of key fndngs s provded. Fve recommendatons are dentfed as requrng mmedate acton, these are hghlghted n red. The Commsson wll revew progress wthn sx months (September 2018) to see whether these recommendatons have been mplemented. The Commsson wll revew the mplementaton of the remanng recommendatons, hghlghted n purple, wthn 12 months (March 2019).

9 Conclusons and Recommendatons 9 The rght to adequate housng requres that Travellers accommodaton s: culturally adequate; accessble; habtable; adequate n terms of servces, facltes and nfrastructure; subject to adequate securty of tenure; adequately safeguarded from forced evcton; affordable; adequately located; subject to effectve partcpaton of Travellers; adequately montored; adequately resourced; not subject to dscrmnaton; promotes tolerance and mutual understandng; and subject to an effectve remedy. In the course of ths nvestgaton, the Commsson dentfed some exstng mechansms that, f mplemented n practce, assst wth fulfllng a number of these requrements. For example, the NI Housng Executve and housng assocatons have mechansms n place for reportng and trackng mantenance requrements to assst wth ensurng Travellers accommodaton s habtable and adequately servced. The Polce Servce NI ntroduced a number of ntatves that promote non-dscrmnaton, tolerance and mutual understandng. All Polce Servce NI offcers receve early career cultural awareness tranng, whch ncludes Travellers culture. In some areas, the Polce Servce NI has also set up temporary Traveller-specfc communty projects. Furthermore, all publc authortes have complant mechansms n place and the Equalty Commsson for NI offers assstance to Travellers wshng to exercse ther rght to an effectve remedy. In addton, some pendng postve developments may, f mplemented, further assst n fulfllng some of these requrements. In November 2017, the NI Housng Executve was: revewng ts housng applcaton form to nclude a full range of optons, ncludng Traveller-specfc accommodaton; rollng out a new Housng Optons Soluton model; ntroducng a lve system that records prospectve tenants preferences to run n parallel wth ts fve-yearly Traveller Accommodaton Needs Assessment ; and revewng ts Travellers polcy. Ths should help to address accessblty ssues that Travellers are facng concernng ther accommodaton. Regardng the promoton of habtable and adequately servced Travellers stes, the Department for Communtes, n November 2017, was revewng the Desgn Gude for Traveller Stes n NI. Nevertheless, the Commsson found there were nadequaces n some laws, publc authortes polces and publc authortes practces, n the context of Travellers accommodaton n NI. It confrmed that such nadequaces can dssuade and suppress a Traveller s culture, ncludng the ablty to exercse a nomadc lfestyle. Thus, the Commsson concludes that publc authortes must take reasonable and prompt steps

10 10 (n addton to the exstng mechansms and postve developments hghlghted), to ensure Travellers accommodaton n NI s n lne wth the relevant human rghts standards. As per the ICESCR, Artcle 11, and the European Socal Charter (Revsed), Artcle 31, publc authortes should take steps to the maxmum avalable resources to ensure that Travellers rght to adequate housng s respected, protected and fulflled. The core oblgatons contaned wthn the rght to adequate housng should have mmedate effect and non-core oblgatons should be progressvely realsed. In human rghts terms, retrogresson of the rght to adequate housng s prohbted, subject to exceptonal justfed crcumstances. The ECHR may also be relevant, n partcular Artcles 2 (rght to lfe), 3 (prohbton of torture, nhuman and degradng treatment), 8 (rght to respect for prvate and famly lfe) and 14 (rght to non-dscrmnaton, when exercsng other ECHR rghts). Based on the Commsson s fndngs, ths executve summary dentfes the nadequaces that requre addressng to ensure any actual or potental volaton of human rghts standards n the context of Travellers accommodaton n NI are effectvely remeded and ther causes are addressed to prevent reoccurrence. The frst secton sets out thrteen systemc ssues dentfed by the Commsson. The second secton sets out the key conclusons and correspondng recommendatons. 30 Systemc Issues 1 Domestc Legal Framework Domestc laws and polces regardng Travellers accommodaton n NI largely satsfy human rghts requrements. However, the exstence of the Unauthorsed Encampments (NI) Order 2005 has a dsproportonate mpact on the Traveller communtes and threatens ther nomadc culture. There are partcular ssues dentfed wth respect to clarfyng the legslatve requrements regardng the lcencng of Travellers stes and the provson of portable accommodaton (such as caravans, tralers and chalets). Addtonally, publc authortes are relyng on a 1997 verson of the Desgn Gude for Travellers Stes n NI, as the subsequent revews have not been publshed. The 1997 verson lacks suffcent detal and s not suffcently prescrptve. 2 Domestc Practce There are persstent ssues wth mplementng the legal framework n practce. How polcy and legslaton s mplemented determnes the outcomes for those people the polces and practce are amed at. Across the board for all Travellers accommodaton types, the domestc laws and polces are not necessarly translatng nto practce, whch mpacts adversely on the ablty of Travellers to enjoy the rghts set out theren. 30 A breakdown of these recommendatons by the relevant publc authorty s provded n Appendx I of the Full Report.

11 11 3 Racal Dscrmnaton In the context of Travellers accommodaton, there s evdence that Travellers have been subject to dscrmnatory behavours and atttudes from publc authortes and the settled communty. Ths emerges through actons, but also through nacton and general nerta regardng Travellers ssues. Negatve publc opnons and bas towards Travellers also mpacts negatvely on Travellers, n partcular concernng plannng applcatons. 4 Race Legslaton The Race Relatons (NI) Order 1997 places a duty on local Councls to have due regard to the need to promote good relatons. Although ths broadly corresponds to human rghts standards, the duty s not extended to all publc authortes. Furthermore, the lack of structured race relatons programmes to mprove relatons between the settled and Traveller communtes contrbutes to dscrmnaton aganst Travellers that has perssted for decades. Ths wll contnue to do so wthout proactve and systemc changes n atttude at all levels grass roots, cvl socety and publc authortes. 5 Resource Avalablty Whle the NI Housng Executve mantans t s satsfed wth the resources avalable to t for developng and mantanng Traveller-specfc accommodaton, the exstng accommodaton s nsuffcent to the need. In addton, spend per ptch has been reducng on an annual bass. 6 Resource and Polcy Accountablty The Department for Communtes allocates fundng to the NI Housng Executve, but there s no robust mechansm n place for the Department to montor how fundng s allocated to Travellers accommodaton and what outcomes are beng acheved. 7 Provson of Traveller-specfc Accommodaton There s nsuffcent culturally adequate Travellers accommodaton avalable. In partcular, the NI Housng Executve s falng to provde suffcent adequate Travellers stes. Its actons and nacton suggest a preference for developng and mantanng brcks and mortar accommodaton, over Travellers stes. Thrd party objectons and delays n plannng often obstruct the development of requred new Travellers stes. Furthermore, the legslatve framework does not enable the NI Housng Executve to provde nomadc housng structures, such as caravans, tralers or chalets. These factors are contrbutng to the number of Travellers movng nto brcks and mortar accommodaton and restrctng Travellers ablty to practce ther cultural tradtons. 8 Montorng Needs for Travellers Accommodaton There s evdence that the montorng process for Travellers accommodaton needs n NI s naccurate. The NI Housng Executve s Traveller Accommodaton Needs Assessment surveys are crtcsed for nsuffcently engagng wth all Travellers n NI and not reflectng the vews expressed by the Travellers that were surveyed.

12 12 9 Inadequacy of Travellers Stes Some Travellers stes are nadequate n the provson of standard servces and facltes (electrcty, water, heatng, dranage, santaton, waste dsposal). Ths s partcularly true of Travellers stes ntended as transent n nature, but that are operatng as permanent stes n practce. The lack of effectve management of Travellers stes exacerbates these problems. 10 Partcpaton Efforts to ensure the partcpaton of Travellers n decson-makng processes regardng accommodaton by publc authortes are neffectve and nadequate. There s a lack of emphass on supportng Traveller advocates. There s also a heavy burden placed on Traveller support groups by publc authortes, n terms of the roles they are expected to fulfl. These groups are also under-resourced for both ther contracted role and remuneraton for the addtonal uncontracted assstance sought by publc authortes. Each of these factors s hnderng Travellers ablty to represent ther own vews. Travellers feel gnored and feel they are not offered suffcent opportuntes to rase concerns about ther accommodaton. 11 Informaton on Travellers Accommodaton There s a general lack of nformaton on Travellers accommodaton, such as how to access such accommodaton or how to make a complant, for nstance regardng mantenance. Such nformaton s requred to enable Travellers effectve partcpaton. Publc authortes do attempt to adapt such nformaton to Travellers needs; however, such adaptatons are largely neffectve. 12 Data Collecton There s a general lack of data and dsaggregaton of data regardng the Traveller populaton n NI, ther current tenure and desred accommodaton. Ths makes t mpossble to assess whether Travellers accommodaton s suffcent and to strategcally plan for the future. 13 Complants Mechansms Travellers are not engagng wth or avalng of the formal mechansms avalable to them. The relevant publc authortes are not takng steps to nvestgate and address why ths s. Ths means Travellers are not recevng effectve redress, when requred. The resultng lack of nvestgaton nto concernng acts and omssons of publc authortes s also hnderng the feedback processes for mprovng servces. Recommendatons The fndngs of ths nvestgaton are set out n the substantve chapters of the full report. Drawng from these fndngs the Commsson has a number of recommendatons. These hghlght areas where domestc laws and polces requre amendments or clarfcatons. They also propose practcal steps that publc authortes should take to ensure the vndcaton of the accommodaton rghts of Travellers n NI. These recommendatons are set out below. Fve recommendatons are dentfed as requrng mmedate acton, these are hghlghted n red. The Commsson wll revew progress wthn sx months (September 2018) to see whether these recommendatons have been mplemented. The Commsson wll revew the mplementaton of the remanng recommendatons, hghlghted n purple, wthn 12 months (March 2019).

13 13 Cultural Adequacy Type of Travellers Accommodaton The domestc defnton of housng generally meets the ICESCR Commttee s recommendaton that housng s dverse and reflects cultural adequacy. 31 The statutory duty to provde Travellers stes and the exstng polcy regardng grouped housng reflects the requrement that polces approprately enable the expresson of cultural dentty and dversty of housng, as requred by the ICESCR, Artcle However, n practce there s nadequate provson of Travellers ste and grouped housng, as requred by the ICESCR, Artcle 11, and the European Socal Charter, Artcle The crtcsms of the NI Housng Executve s Traveller Accommodaton Needs Assessments rase a concern that there s a lack of accurate data avalable on exstng tenure and accommodaton preferences of Travellers n NI. Such data would assst wth establshng need and satsfyng the ICESCR, Artcle 11, and the European Socal Charter, Artcle 16. The NI Housng Executve does not provde caravans, tralers or chalets, therefore, restrctng ts ablty to provde culturally adequate accommodaton. The NI Housng Executve should ensure t offers the opportunty for Travellers to present ther vews on the cultural adequacy of ther accommodaton when conductng ts Travellers accommodaton needs assessments. Homelessness The NI Housng Executve meets ts oblgaton wth respect to homelessness under the ICESCR, Artcle 11. Yet, no legslaton or polcy specfcally deals wth homelessness wthn the Traveller communtes n NI. The negatve affect on health that the lack of culturally adequate optons for homeless Travellers and the prolonged perod of homelessness Travellers can experence engages the ECHR, Artcle 8 and, n extreme cases, may engage Artcle 3. A volaton can occur f the crcumstances surroundng homelessness affectng a Traveller s severe, degradng and causes those affected to feel humlated and debased. 34 Alternatvely, a volaton can occur f the crcumstances surroundng the homelessness affects the Traveller s physcal and psychologcal ntegrty, as a drect consequence of the publc authortes unjustfed acton or nacton. Ths s partcularly concernng f the famly unt, ncludng chldren, s affected. 35 The NI Housng Executve should ensure the successor strategy to the Homelessness Strategy for NI: makes specfc provson for the cultural needs of Travellers. 31 E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 8(g). 32 Artcle 11, Internatonal Covenant on Economc, Socal and Cultural Rghts 1966; E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 8(g). 33 E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 8(g); European Roma Rghts Centre v Greece, Complant No 15/2003, 8 December 2004, at paras 46 and Moldovan v Romana (No 2) (2007) 44 EHRR 16, at para Storck v Germany (2006) 43 EHRR 6, at para 149; Connors v UK (2004) ECHR 223, at para 82; Botta v Italy (1998) 26 EHRR 241, at para 34; R (Bernard) v Enfeld London Borough [2002] EWHC 2282, at paras 33-34; Anufrjeva v Southwark [2003] EWCA Cv 1406, at para 43; Artcle 8(2), European Conventon on Human Rghts 1950.

14 14 Cultural Adequacy of Travellers Accommodaton The legslatve framework on the control of unauthorsed encampments has a detrmental effect on nomadsm. Ths reflects the fndngs of the ICESCR Commttee 36 and was rased as a concern by the Commsson durng the enactment of the legslaton. 37 Where Travellers are lvng n socal housng, measures are taken to allow for cultural senstvty. However, standard socal housng and hostel accommodaton are not culturally approprate, as requred by the ICESCR, Artcle 11. The lack of culturally approprate accommodaton restrcts ndvdual s free choce and nterferes wth ther rght to preserve and develop ther specfc cultural denttes, as recommended by the CoE Commttee of Mnsters. 38 Inadequate consderaton of cultural adequacy wthn the applcaton and allocaton process for socal housng further undermnes ndvdual choce. The NI Housng Executve and relevant housng assocatons should urgently revew ther exstng practces and polces to ensure there s suffcent practcal support for Travellers transtonng from Travellers stes to brcks and mortar accommodaton. For example, ensurng that Travellers transtonng know and understand the process for accessng electrcty and heatng, and the process for payng household blls. The NI Housng Executve should ensure that the applcaton and allocaton process for socal housng requres suffcent consderaton of the cultural adequacy of accommodaton offered to Travellers, n partcular ts locaton, space, famly groupngs and avalable servces. Accessblty Scope of Statutory Duty The Housng (NI) Order 1981 helps to promote accessble housng for all who were enttled to t, as per the ICESCR, Artcle However, there are concerns that some publc authortes are unaware of the relevant legslaton and are confused as to ther oblgatons. All publc authortes should consder ther oblgatons towards Travellers n the context of the Race Relatons (NI) Order 1997 and the NI Act 1998, Secton 75. All publc authortes should ensure that all relevant staff members are educated on the exstence, relevance and effectve mplementaton of the Race Relatons (NI) Order 1997 and the NI Act 1998, Secton 75, as the legslaton relate to Travellers and ther accommodaton. 36 E/C.12/GBR/CO/5, ICESCR Commttee Concludng Observatons on the Ffth Perodc Report of the UK of Great Brtan and NI, 22 May 2009, at para 30; E/C.12/GBR/CO/6, ICESCR Commttee Concludng Observatons on the Sxth Perodc Report of the UK of Great Brtan and NI, 14 July 2016, at para NIHRC, Response of the NIHRC to the Draft Unauthorsed Encampments (NI) Order 2004 (NIHRC, 2004). 38 CoE, Recommendaton Rec(2004)14 of the Commttee of Mnsters to Member States on the Movement and Encampment of Travellers n Europe, 1 December 2004, at Preamble. 39 E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 8(e).

15 15 Provson of Travellers Accommodaton There are a varety of strateges and polces n place promotng housng, ncludng Travellers accommodaton. Ths reflects the ICESCR, Artcle 11 requrement. 40 Some hgh-level strategy documents however, do not take fully nto account the specal needs of Travellers. Ths s contrary to the ICESCR Commttee s recommendaton. 41 The NI Housng Executve, followng a robust assessment of need, should crtcally assess f there are suffcent servced, transt and emergency haltng Travellers stes n NI. The NI Housng Executve and relevant housng assocatons should ensure there are suffcent grouped housng schemes n NI. The NI Housng Executve should ensure the Travellers accommodaton needs assessments are suffcently robust to provde a relable assessment of the housng needs of Traveller communtes. Ths ncludes provdng all Travellers n NI wth adequate and accessble opportuntes to partcpate n the assessment. The questons posed should be thorough and mpartal. The NI Housng Executve should ensure that the assessment s accurate. The NI Housng Executve should revew ts commtments to provde Travellers ste provson n NI (for example, any relevant development plans), to ensure that need s suffcently met. Assessment and Allocaton Process The assessment and allocaton process for Travellers accommodaton s regulated for socal housng, reflectng the ICESCR, Artcle There s evdence that Travellers contnue to experence dffcultes n accessng socal housng, due to an nadequate allocaton of housng ponts under the Common Selecton Scheme. There are concerns that some Travellers are unable to access prvate rented accommodaton, due to reported racsm by some landlords. Ths can hnder Travellers ablty to access housng to whch they are enttled, as recommended by the ICESCR Commttee and the ECRI. 43 It also suggests that publc authortes are not promptly addressng the problems faced by Travellers n accessng accommodaton, as recommended by the CoE Commttee of Mnsters Ibd. 41 Ibd. 42 Ibd. 43 CRI(96)43 rev, ECRI General Polcy Recommendaton No 1: Combatng Racsm, Xenophoba, Antsemtsm and Intolerance, 4 October CoE, Recommendaton Rec(2005)4 of the Commttee of Mnsters on Improvng the Housng Condtons of Roma and Travellers n Europe, 25 February 2005, at para 2.

16 16 The NI Housng Executve should ntroduce a socal housng applcaton form that clearly sets out all accommodaton optons and offers applcants the express opportunty to specfy ther desre for Traveller-specfc accommodaton. The NI Housng Executve should ntroduce a watng lst for servced Travellers stes n NI. Ths watng lst should be used, n partnershp wth the Common Selecton Scheme, to allocate ptches on servced Travellers stes n NI. The relevant housng assocatons should assess how accommodaton n grouped housng schemes are allocated, to ensure they maxmse the avalable resources. They should also revew the utlty of grouped housng schemes as an approach to addressng housng need wthn Traveller communtes. v The Department for Communtes should ensure landlords n the prvate rented sector are aware of ther legal oblgatons to ensure that accommodaton s accessble to Travellers wthout dscrmnaton. Habtablty Standard of Ftness A mnmum standard of ftness s set out n legslaton for publc and prvate brcks and mortar Travellers accommodaton, n lne wth the ICESCR, Artcle 11, the European Socal Charter, Artcle 16, 45 the European Socal Charter (Revsed), Artcle 31, and the recommendatons of the former CoE Commssoner for Human Rghts, Thomas Hammarberg. 46 The ICESCR Commttee and the European Commttee of Socal Rghts also recommended correctve measures to address poor housng or sub-standard housng condtons and nhabtablty n general. 47 There are concerns that the mnmum standards set out n legslaton are nadequate and are not mplemented n practce. 48 There are also concerns that the standard of ftness of prvate rented caravans, tralers or chalets s nsuffcently regulated. 45 European Roma Rghts Centre v Greece, Complant No 15/2003, 8 December 2004, at paras 46 and CommDH(2009)5, Recommendaton of the CoE Commssoner for Human Rghts on the Implementaton of the Rght to Housng, 30 June 2009, at E/C.12/GBR/CO/6, ICESCR Commttee Concludng Observatons on the Sxth Perodc Report of the UK of Great Brtan and NI, 14 July 2016, at para 50(c); European Roma Rghts Centre v Ireland, Complant No 100/2013, 1 December 2015, at paras CommDH(2009)5, Recommendaton of the CoE Commssoner for Human Rghts on the Implementaton of the Rght to Housng, 30 June 2009, at 3.2.1; European Roma Rghts Centre v Ireland, Complant No 100/2013, 1 December 2015, at paras

17 17 The Department for Communtes should promptly publsh the fndngs of ts revew on the Housng Health and Safety Ratng System and set out a reasonable tmeframe for mplementng ts recommendatons. The Department for Communtes should carry out a prompt and thorough revew of the Desgn Gude for Travellers Stes n NI and ensure the mnmum standards are suffcently prescrptve and reflectve of human rghts. It should ensure the updated gude ncludes the requrements that accommodaton s accessble to persons wth dsabltes; chldren s play areas are provded; facltes necessary for a nomadc way of lfe are avalable; and traffc safety measures are n place. The updated gude should be publshed and be subject to a commtment to further perodc revews wthn a reasonable tmescale. Mantenance Measures are n place across Travellers accommodaton to ensure that a mnmum standard of lvng condtons are mantaned. Ths s n lne wth the ICESCR, Artcle 11, the European Socal Charter, Artcle 16, and the European Socal Charter (Revsed), Artcle 31. However, there s evdence of some delays n mantenance across all types of Travellers accommodaton; ths undermnes the publc authortes adherence to these provsons. The NI Housng Executve and relevant housng assocatons should ensure all requred mantenance s carred out effectvely wthn a reasonable tmeframe. The NI Housng Executve should montor the use of Housng Beneft and take steps to ensure that the accommodaton t pays for n the prvate sector (ncludng caravan, chalets and tralers) are ft for human habtaton, adequate and mantaned to a sutable standard. Ths ncludes supportng the tenant to fnd sutable alternatve accommodaton that s safe, affordable and satsfes ther cultural needs. Adaptatons The legslatve and polcy framework relatng to accessblty s n lne wth the ICESCR, Artcle 11, the CRPD, Artcle 28(1), and the European Socal Charter (Revsed), Artcle 31. However, there are concerns regardng the lack of gudance for such adaptatons on Travellers stes and whether these provsons are mplemented for all Travellers accommodaton.

18 18 The NI Housng Executve and relevant housng assocatons should ensure that the accommodaton needs of Travellers wth dsabltes are addressed n lne wth all legslatve requrements, and that movng homes s a last resort. Travellers wth dsabltes should be made aware of ther rghts regardng accommodaton adaptatons. Ths nformaton should be dssemnated n an accessble and understandable format. Health and Safety: Hazards A legslatve and polcy framework regulates health and safety standards for Travellers accommodaton. Ths s n lne wth the ICESCR, Artcle 11. There are concerns regardng Travellers stes that these protectons are nsuffcent and are not mplemented n practce. 49 Ths s contrary to the ICESCR, Artcle 11 and the CRC, Artcles 3, 6(1) and 19. Hazards on Travellers stes can also engage the ECHR, Artcles 2, 3 and 8. A volaton of Artcle 2 can occur f the hazard poses a real and mmnent threat to the lfe of a Traveller that the publc authortes were aware of, but faled to take reasonable steps to address. 50 Artcle 3 may be engaged f the hazardous effect on a Traveller was severe, degradng or caused those affected to feel humlated and debased. 51 Artcle 8 apples f the hazard affected the Traveller s physcal and psychologcal ntegrty, as a drect consequence of the publc authortes unjustfed acton or nacton. Ths s partcularly the case f the famly unt, ncludng chldren, s affected. 52 There s evdence of hazards, such as overcrowdng and nadequate washhouses, on some Travellers stes n NI that potentally engage ECHR, Artcles 2, 3 and 8. The NI Housng Executve should mmedately carry out health and safety assessments of all Travellers stes and address the hazards dentfed. In addressng these hazards, the NI Housng Executve should ensure that washhouses on Travellers stes are safe, ft for purpose and approprate for NI s clmate. The NI Housng Executve should conduct regular health and safety assessments of all Travellers stes and ensure any dentfed hazards are adequately and promptly addressed n the future. Health and Safety: Fre The legslatve and polcy framework broadly reflects the ICESCR, Artcle 11. There are concerns that, regardng Travellers stes, these protectons are nsuffcent and are not mplemented n practce. For example, concerns were rased over the accessblty of some Travellers stes for emergency vehcles. A number of Travellers were also not aware f there were fre safety measures for ther accommodaton and what they were, partcularly on Travellers stes. Ths s contrary to the ICESCR, Artcle 11 and the CRC, Artcles 3, 6(1) and 19. A volaton of the ECHR can occur f the fre hazard poses a real and mmnent threat to the lfe of a Traveller that the publc authortes were aware of, but faled to take reasonable steps to address. 53 Fre hazards on Travellers stes engage the ECHR, Artcles 2, 3 and E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 8(d); European Roma Rghts Centre v Ireland, Complant No 100/2013, 1 December 2015, at para Öneryldz v Turkey (2004) ECHR 657; LCB v UK (1999) 27 EHRR 212, at para 36; Burke v UK, Applcaton No 19807/06, 11 July 2006, at para Moldovan v Romana (No 2) (2007) 44 EHRR 16, at para Storck v Germany (2006) 43 EHRR 6, at para 149; Connors v UK (2004) ECHR 223, at para 82; Botta v Italy (1998) 26 EHRR 241, at para 34; R (Bernard) v Enfeld London Borough [2002] EWHC 2282, at paras 33-34; Anufrjeva v Southwark [2003] EWCA Cv 1406, at para 43; Artcle 8(2), European Conventon on Human Rghts Öneryldz v Turkey (2004) ECHR 657; LCB v UK (1999) 27 EHRR 212, at para 36; Burke v UK, Applcaton No 19807/06, 11 July 2006, at para 1.

19 19 The NI Housng Executve and relevant housng assocatons should ensure that adequate fre safety measures are n place and are adhered to wthn all Travellers accommodaton. Ths ncludes ensurng that all fre safety measures are functonal, regularly checked and revewed. In addton, they should ensure that all tenants wthn Travellers accommodaton are suffcently aware of the fre safety measures n place and of actons to be taken n the event of a fre. Avalablty of Servces, Facltes and Infrastructure Avalablty of Servces There s a legslatve and polcy framework governng Travellers accommodaton n NI, as requred by the ICESCR, Artcle 11, and the European Socal Charter (Revsed), Artcle 31(1). 54 The regulated provson of most servces regardng Travellers accommodaton s n lne wth the former CoE Commssoner for Human Rghts, Thomas Hammarberg s recommendaton. 55 However, there are some omssons n relaton to electrcal and postal servces. Also, the gudance for Travellers stes s not suffcently prescrptve. The recommendaton, supported by the European Commttee of Socal Rghts, states that these standards should be appled n practce. 56 Ths s generally honoured regardng brcks and mortar Travellers accommodaton. Concerns arose n relaton to Travellers stes n NI. Ths ncludes unavalablty of servces, or sgnfcant delays n provdng and adequately mantanng servces. Ths s a partcular ssue on Travellers stes, where some Travellers experenced unsantary condtons and rodent nfestatons due to rregular refuse collectons. Ths rases ssues around health and safety, contrary to the ICESCR, Artcle 11, and the CRC, Artcles 3, 6(1) and 19. In extreme cases, ths engages the ECHR, Artcle 2, 3 and Some Travellers also experenced delays or lack of access to adequate electrcty and ssues wth accessng ther post, whch s contrary to the ICESCR, Artcle 11. The NI Housng Executve, n conjuncton wth all relevant provders, should take steps to ensure that all requred servces are adequately avalable n practce wthn all Travellers accommodaton and that the provson of these servces s suffcently regulated. In partcular, the NI Housng Executve should work wth: the local Councls to ensure Travellers have regular refuse collectons; wth the electrcty suppler to ensure Travellers have prompt and consstent access to electrcty; and wth Royal Mal to ensure Travellers have adequate access to adequate postal servces. The NI Housng Executve should ensure that provson of servces provded to Traveller s stes reflects the actual use of the ste. The publc authortes should re-categorse stes when there s a change of usage to ensure that all partes are aware of the provson that s requred. 54 European Roma Rghts Centre v Italy, Complant No 27/2004, 7 December 2005, at para CommDH(2009)5, Recommendaton of the CoE Commssoner for Human Rghts on the Implementaton of the Rght to Housng, 30 June 2009, at Ibd; European Roma Rghts Centre v Ireland, Complant No 100/2013, 1 December 2015, at paras E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 14.

20 20 Avalablty of Facltes There s a polcy framework governng the avalablty of facltes for Travellers accommodaton n NI, as requred by the ICESCR, Artcle 11, and the European Socal Charter (Revsed), Artcle 31(1). The regulated provson of most facltes regardng Travellers accommodaton s n lne wth the former CoE Commssoner for Human Rghts, Thomas Hammarberg s recommendaton. 58 However, there are some omssons. The gudance for Travellers stes s nsuffcently prescrptve. The recommendaton, supported by the European Commttee of Socal Rghts, makes clear that these standards should be appled n practce. 59 Ths s lackng regardng non-domestc anmal facltes n standard socal housng, the avalablty of grazng land for all Travellers accommodaton, and the provson of chldren s play areas n all Travellers accommodaton. Ths rases ssues around personal safety, contrary to the ICESCR, Artcle 11, and the CRC, Artcles 3, 6(1) and 19. The NI Housng Executve and relevant housng assocatons should make reasonable provson for chldren s play areas wthn Travellers accommodaton. They should also reasonably accommodate Travellers non-domestc anmals and equpment necessary for tradtonal trades, ncludng through the provson of grazng land, wthn Travellers accommodaton. Securty of Tenure Legal Securty of Tenure The domestc legal framework governng securty of tenure broadly corresponds wth the ICESCR, Artcle 11, n conferrng legal securty of tenure. However, there are concerns that some Travellers, partcularly on transt stes, are not provded wth agreements. The ICESCR, Artcle 11, requres publc authortes to take mmedate measures amed at conferrng legal securty of tenure. 60 In the Commsson s vew, a falure to provde tenancy agreements may consttute a volaton of ICESCR, Artcle 11. A number of practcal barrers can negatvely affect a Traveller s securty of tenure and result n them fleeng ther homes. Ths ncludes ntmdaton of Travellers by members of the settled communty, or an ndvdual Traveller s perceved ncompatblty wth other Travellers. There s evdence that publc authortes are hestant to assst n some such cases. Ths potentally engages the ECHR, Artcles 2, 3, 8 and 14. These provsons requre publc authortes to take reasonable steps to prevent or address an actual or threatened volaton by ther agents or thrd partes, f they had known or ought to have known of such a threat CommDH(2009)5, Recommendaton of the CoE Commssoner for Human Rghts on the Implementaton of the Rght to Housng, 30 June 2009, at Ibd; European Roma Rghts Centre v Ireland, Complant No 100/2013, 1 December 2015, at paras E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at 8(a). 61 Moldovan v Romana (No 2) (2007) 44 EHRR 16, at para 101; PF and EF v UK (2010) ECHR 2015 at paras 37 and 50.

21 21 The NI Housng Executve and relevant housng assocatons should take mmedate steps to ensure that Travellers on all types of Travellers stes are provded wth and sgn an agreement attached to ther ptch, clearly settng out ther rghts and responsbltes n an understandable language and format. The NI Housng Executve and relevant housng assocatons should take reasonable steps to ensure Travellers n standard socal housng understand the tenancy agreement they are sgnng. Ths ncludes understandng ther responsbltes as tenants and the landlord s responsbltes. The Department for Communtes should promptly update, publsh and adequately dssemnate gudance on the securty of tenure protectons for Travellers lvng n caravans, as contaned wthn the Caravans Act (NI) v The NI Housng Executve and relevant housng assocatons should robustly mplement processes that enable Travellers to lve safely and securely n ther homes wthout fear of ntmdaton. Ths ncludes conductng effectve medaton and effectvely mplementng procedures set out n antsocal behavour polces. v The Department for Communtes should lase wth the Executve Offce to propose an amendment of the Housng (NI) Order 2003, Artcle 125(6), to enable the NI Housng Executve to provde nomadc housng structures (such as caravans, tralers and chalets), f there s a need. The rents for these structures should be set at an approprate and affordable level. Forced Evcton Evcton The legslatve framework provdes procedural safeguards to be followed n evcton proceedngs, as requred by ICESCR, Artcle 11. The ICESCR Commttee hghlghted that the qualfcaton of progressve achevement based on the avalablty of resources would rarely be relevant to forced evctons. 62 There s evdence that procedural safeguards are not followed n practce, for example n the provson of evcton notces; the weather condtons n whch evctons take place; consultaton wth affected groups; and provson of alternatve accommodaton. In the Commsson s vew, not followng procedural safeguards may consttute a volaton of ICESCR, Artcle 11, and the European Socal Charter, Artcle 16. The ECHR, Artcle 8, s also engaged, partcularly f procedural safeguards are not n place to prevent unjustfed evctons; 63 f publc authortes do not take nto account the dsadvantaged poston of a socal group (e Travellers); 64 or f publc authortes do not conduct a genune consultaton wth the persons affected by an evcton on ther rehousng optons. 65 The Commsson dentfed concerns relatng to the robustness of procedural safeguards and the suffcency of consultaton regardng forced evctons. 62 E/1998/22, ICESCR Commttee General Comment No 7: Forced Evctons, 20 May 1997, at para Connors v UK (2004) ECHR 223, at para Yordanova and Others v Bulgara (2012) ECHR 758, at para Bagdonavcus and Others v Russa (2016) ECHR 871, at para 107.

22 22 Some Travellers had dffculty retrevng ther property, ncludng caravans, where evctons had taken place. Ths was a partcular ssue where certan documents were not accepted as proof of ownershp. Ths engages the ECHR, Artcle 1, Protocol 1. Interference wth the rght to property s justfed f t serves a legtmate objectve n the publc nterest 66 and s proportonate n strkng a far balance between the protecton of the person s rght to property and the general nterest of the publc. 67 The NI Housng Executve should take reasonable steps to ensure that adequate alternatve accommodaton s offered close to the orgnal place of resdence, when evctons occur or Travellers stes are lawfully closed. Partcular consderaton should be gven to dstance from schools, doctors, famly members and source of lvelhood for those affected. The NI Housng Executve should ensure that reasonable steps are taken to return property promptly, when evctons take place or Travellers stes are lawfully closed. The NI Housng Executve should ensure that onerous condtons to prove ownershp (for example, a requrement to provde orgnal recepts) are not appled, partcularly f there s other sutable proof of ownershp. Unauthorsed Encampments The former CoE Commssoner for Human Rghts Thomas Hammarberg and the former UN Specal Rapporteur on the Rght to Adequate Housng Mloon Kothar recommended that crmnal measures that thwart nomadsm should be abolshed. 68 The CoE Commttee of Mnsters also emphassed the mportance of the use of proportonate responses to llegal encampments, ncludng negotatons or the use of legal acton. 69 Evctons for unauthorsed encampments should be kept under revew. 70 The ICESCR Commttee recommended that the Unauthorsed Encampments (NI) Order 2005 be repealed n The retenton of the Order s contrary to the Commttee s recommendaton. The Unauthorsed Encampments (NI) Order 2005 specfcally provdes for evcton and sezure of property that have a partcular mpact on Travellers. The evdence suggests that the powers under the 2005 Order are used sparngly. A number of polce offcers reported exercsng cauton when relyng on the powers under the 2005 Order. One of the man challenges when usng the 2005 Order s a lack of alternatve culturally approprate accommodaton. The evdence also suggests that the threat or actual use of the powers under the 2005 Order, n partcular sezure of caravans, negatvely affects the nomadc lfestyle of Travellers. The Department for Communtes accepts that the powers under the 2005 Order has a partcular mpact on Travellers n NI, but has no plans to repeal t. Ths poston does not comply wth the ICESCR Commttee s recommendaton n James v UK (1986) ECHR 2, at para Sporrong and Lönnroth v Sweden (1982) ECHR 5, at para CommDH/Speech(2007)16, Jont Statement by CoE Commssoner for Human Rghts Thomas Hammarberg and UN Specal Rapporteur on the Rght to Adequate Housng Mloon Kothar: Governments Should Take Postve Steps to Protect the Housng Rghts of Roma n Europe, 24 October CRI(2011)37, ECRI General Polcy Recommendaton No 13: Combatng Ant-Gypsysm and Dscrmnaton aganst Roma, 24 June 2011, at para 6 (d) and (e). 70 CommDH(2006)1, Fnal Report by Mr Alvaro Gl-Robles, CoE Commssoner for Human Rghts, on the Human Rghts Stuaton of the Roma, Snt and Travellers n Europe, 15 February 2006, at E/C.12/GBR/CO/6, ICESCR Commttee Concludng Observatons on the Sxth Perodc Report of the UK of Great Brtan and NI, 14 July 2016, at para 50(d).

23 23 The Department for Communtes should repeal the Unauthorsed Encampments (NI) Order Locaton Plannng There s a legal and polcy framework regulatng the plannng process, whch makes specfc provson for applcatons for Traveller-specfc accommodaton, ths reflects the ECRI s recommendaton. 72 However, there are concerns n terms of the mplementaton of the plannng polces. There s evdence that publc perceptons and dscrmnatory vews wthn local Councls are unduly nfluencng plannng decsons. The process for applyng for the approval of Traveller-specfc accommodaton s subject to sgnfcant delays. These delays are nhbtng the development of Travellers accommodaton, partcularly Travellers stes. Ths s contrary to the CoE Commttee of Mnsters recommendaton. 73 Addtonally, there are concerns regardng the accessblty of the plannng process. These concerns are contrary to the CoE Commttee of Mnsters recommendaton to enable Travellers to pursue ther lfestyles. 74 Local Councls should take reasonable steps to prevent undue delays n the plannng applcaton process relatng to Travellers accommodaton. They should also ensure that all plannng decsonmakng processes are far, mpartal and transparent. Ste Lcences Reflectng the ICESCR, Artcle 11, and the CRC, Artcles 3, 6 and 19, ste lcencng s a crucal safeguard for ensurng Travellers stes n NI are adequately habtable and servced. Yet, there s lttle evdence of good practce regardng lcencng of Travellers stes n NI. The regulaton of ths requrement s outdated and lacks clarty n terms of ts applcablty and scope. There s also nconsstency n terms of language and defntons between the legslaton and ts correspondng gudance. The statutory requrements that exsted are not mplemented n practce for Travellers stes n NI. There appears to be a reluctance from the relevant publc authortes to address the ssue of ste lcences. The NI Housng Executve should ensure that t submts a completed applcaton for a ste lcence for all Travellers stes currently operatng unlcensed wthn sx months of the publcaton of ths report. The NI Housng Executve should contnue to be requred to obtan a ste lcence for Travellers stes n NI. 72 CRI(2011)37, ECRI General Polcy Recommendaton No 13: Combatng Ant-Gypsysm and Dscrmnaton aganst Roma, 24 June 2011, at para 6(j). 73 CoE, Recommendaton Rec(2004)14 of the Commttee of Mnsters to Member States on the Movement and Encampment of Travellers n Europe, 1 December 2004, at para 23(). 74 CoE, Recommendaton Rec(2005)4 of the Commttee of Mnster to Member States on Improvng the Housng Condtons of Roma and Travellers n Europe, 23 February 2005, at II(3); CoE, Recommendaton Rec(2004)14 of the Commttee of Mnsters to Member States on the Movement and Encampment of Travellers n Europe, 1 December 2004, at Preamble.

24 24 The Department for Infrastructure should revew the legal and polcy framework concernng ste lcences. Ths should nclude the development of a model ste lcence settng out the mnmum standard of provson and safety requrements for each type of Travellers ste n NI, along wth enforcement powers for any breach. Local Councls should take proactve reasonable steps to ensure Travellers stes are lcenced when requred. Local Councls should regularly montor the lcencng of Travellers stes and be aware when stes requre a lcence, whether they are lcenced and when the lcence wll expre. Local Councls should ensure all lcences meet the mnmum standard of provson and safety as requred by the model lcence, developed by the Department for Infrastructure. Partcpaton The local Councl s Local Development Plans and the Department for Communtes Desgn Gude for Travellers Stes n NI reflect the Advsory Commttee on the FCNM and CERD Commttee s recommendatons. 75 The pendng creaton by the Executve Offce of a thematc group on Roma, Gypses and Travellers, when mplemented, wll adhere to the Advsory Commttee on the FCNM s recommendaton. 76 However, the legslatve provson and polces of effectve partcpaton of Travellers s lmted, at tmes outdated, and does not suffcently requre drect consultaton. Reflectng the Advsory Commttee on FCNM s recommendaton, publc authortes have measures n place to ensure consultatons and nformaton on Travellers accommodaton are adapted to reflect Travellers needs. 77 Yet, the nformaton avalable can be nadequate and the measures taken are not always effectvely mplemented. Ths ndcates publc authortes are not adequately traned on effectve engagement, as recommended by the CERD Commttee. 78 Addtonally, publc authortes are not ensurng that the effectve partcpaton of Travellers s adequately resourced, as recommended by the CoE Commttee of Mnsters and Advsory Commttee on FCNM. 79 There are concerns that publc authortes consultatons are neffectve. Ths s contrary to the recommendatons from the UN and CoE that consultaton wth Travellers should be full and meanngful, 80 wth effectve channels for communcaton amed at provdng contnung and substantve dalogue, 81 and that Travellers have a substantal nfluence on decsons ACFC/31DOC(2008)001, CoE Advsory Commttee on the FCNM: Commentary on the Effectve Partcpaton of Persons Belongng to Natonal Mnortes n Cultural, Socal and Economc Lfe and n Publc Affars, 27 February 2008, at paras 32-36; CERD Commttee, General Recommendaton XXVII: Dscrmnaton aganst Roma, 16 August 2000, at para ACFC/31DOC(2008)001, CoE Advsory Commttee on the FCNM: Commentary on the Effectve Partcpaton of Persons Belongng to Natonal Mnortes n Cultural, Socal and Economc Lfe and n Publc Affars, 27 February 2008, at paras 73 and ACFC/31DOC(2008)001, CoE Advsory Commttee on the FCNM: Commentary on the Effectve Partcpaton of Persons Belongng to Natonal Mnortes n Cultural, Socal and Economc Lfe and n Publc Affars, 27 February 2008, at paras 9, 21 and 72; P6_TA(2005)0151, European Parlament Resoluton on the Stuaton of the Roma n the European Unon, 28 Aprl 2005, at paras 24 and CERD Commttee, General Recommendaton XXVII: Dscrmnaton aganst Roma, 16 August 2000, at para CoE, Recommendaton CM/Rec(2008)5 of the Commttee of Mnsters to Members States on Polces for Roma and/or Travellers n Europe, 20 February 2008, at Appendx, secton II, para 6; ACFC/31DOC(2008)001, CoE Advsory Commttee on the FCNM: Commentary on the Effectve Partcpaton of Persons Belongng to Natonal Mnortes n Cultural, Socal and Economc Lfe and n Publc Affars, 27 February 2008, at para CommDH/Speech(2007)16, Jont Statement by CoE Commssoner for Human Rghts Thomas Hammarberg and UN Specal Rapporteur on the Rght to Adequate Housng Mloon Kothar: Governments Should Take Postve Steps to Protect the Housng Rghts of Roma n Europe, 24 October ACFC/31DOC(2008)001, CoE Advsory Commttee on the FCNM: Commentary on the Effectve Partcpaton of Persons Belongng to Natonal Mnortes n Cultural, Socal and Economc Lfe and n Publc Affars, 27 February 2008, at para Ibd, at para 19.

25 25 The NI Housng Executve should ensure Travellers are represented on ts consultaton forum and the Housng Communty Network. It should also ensure consultatons wth Travellers are meanngful and effectve when consultng on plannng provson for new and when developng exstng Travellers accommodaton. All local Councls should be actve members of the NI Local Government Partnershp on Travellers Issues and should gve consderaton to developng or strengthenng Traveller Forums to consder ssues relatng to Travellers, ncludng accommodaton. The Department for Communtes should lase wth the Executve Offce on establshng the proposed thematc workng group on Roma and Travellers. The work of ths group should have suffcent focus on Travellers accommodaton. v The Executve Offce and all relevant publc authortes should ensure Traveller support groups are adequately resourced for the work they carry out. Montorng Management of Travellers Accommodaton Legslaton and gudance s n place to govern the management of Travellers accommodaton. Yet, there are concerns that these are not mplemented n practce, partcularly for Travellers stes. Ths s contrary to the CERD Commttee s recommendaton that there s effectve oversght of Travellers accommodaton and the ICESCR, Artcle 11, requrements that effectve montorng have mmedate effect. 83 The NI Housng Executve should take reasonable steps to ensure ts staff are accessble on a daly bass to Travellers, partcularly regardng transt and emergency haltng Travellers stes. The NI Housng Executve should effectvely manage Travellers stes. Travellers should be requred to sgn a tenancy agreement before movng nto Travellers accommodaton. Ths ncludes transt and emergency haltng Travellers stes. The NI Housng Executve should have mechansms n place to ensure ths s a speedy and effcent process. It should not subject Travellers to delays n accessng culturally adequate accommodaton wth adequate servces and facltes. Resources There s no evdence that publc authortes explctly consder human rghts standards when allocatng fnancal resources to housng. The evdence does not clearly demonstrate complance wth ICESCR, Artcles 2 and 11. The general depleton of socal housng stock and ncreasng levels of need suggests retrogresson. 83 CERD/C/GBR/CO/21-23, CERD Commttee Concludng Observatons on the Twenty-frst to Twenty-Thrd Perodc Reports of UK of Great Brtan and NI, 26 August 2016, at para 25(a); E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 13.

26 26 Fgures show an ncrease n the number of ptches on Travellers stes, but these are not all avalable n practce. Ths suggests a falure to progressvely realse the rght to adequate housng. A rsk of retrogresson s ndcated by the decrease n spend per unt on Travellers accommodaton, partcularly where mtgaton measures are not n place. A comparson wth Scotland and Wales ndcates lower spendng on Travellers stes n NI. In Scotland s case, ths presumes spendng on grouped housng n NI s excluded from the fgures. Ths suggests that t s possble to gve a greater prorty to Travellers stes and mples a falure to use maxmum avalable resources. The prncple of progressve realsaton requres that provson s extended. For example, an extenson of the Supportng People Programme would be an ndcator of progressve realsaton. In contrast, the denal of fundng to Traveller support groups may ndcate retrogresson, unless mtgatng measures are n place. The former UN Hgh Commssoner for Human Rghts, Navanethem Pllay, explctly requres that the mplementaton of ICESCR rghts must be transparent, should establsh accountablty mechansms, and should ensure access to nformaton. 84 However, the evdence suggests non-complance wth these requrements. Publc authortes data collecton on populaton fgures s nconsstent and nadequate. Fnancal data s nconsstently recorded, makng t dffcult to analyse trends over tme. The Department for Communtes allocates fundng to the NI Housng Executve, but an effectve mechansm that requres the Department to proactvely montor how fundng s allocated to Travellers accommodaton does not exst n practce. The Department for Communtes should ensure regular, ndependent, effectve, thorough and proactve montorng of publc spendng n relaton to the provson of Travellers accommodaton. Data relatng to the provson of all Travellers accommodaton and fnancal data should be consstent, centralsed, and effectvely dsaggregated. Data should be publcly avalable. Non-dscrmnaton and Equalty Prohbton on Racal Dscrmnaton Human rghts law requres publc authortes to protect non-dscrmnaton and equalty. 85 Ths requres publc authortes to tackle dscrmnaton by both publc 86 and prvate actors. 87 Human rghts law prohbts both drect and ndrect dscrmnaton. 88 Standards from UN commttees and the European Court of Human Rghts make clear that not every dfferentaton s prohbted dscrmnaton. 89 If there s an objectve and reasonable justfcaton for the dfferentaton, then there s no breach of human rghts law E/2009/90, Report of the Hgh Commssoner for Human Rghts on Implementaton of Economc, Socal and Cultural Rghts, 8 June 2009, at para Artcle 2(1), Internatonal Covenant on Economc, Socal and Cultural Rghts 1966; Artcle 26, Internatonal Covenant on Cvl and Poltcal Rghts 1966; Artcle 14, European Conventon on Human Rghts 1950; Human Rghts Commttee, General Comment No 18: Non-dscrmnaton, 10 November 1989, at para E/C.12/GC/20, ICESCR Commttee General Comment No 20: Non-dscrmnaton n Economc, Socal and Cultural Rghts, 2 July 2009, at paras 8 and Ibd, at para 11; CERD Commttee, General Recommendaton XXVII: Dscrmnaton aganst Roma, 16 August 2000, at para Tmshev v Russa (2005) ECHR 858, at para 56; Oršuš v Croata (2010) ECHR 337, at para E/C.12/GC/20, ICESCR Commttee General Comment No 20: Non-dscrmnaton n Economc, Socal and Cultural Rghts, 2 July 2009, at para 11; CERD Commttee, General Recommendaton XXVII: Dscrmnaton aganst Roma, 16 August 2000, at para 31; Stec and Others v UK (2006) ECHR 393, at para Stec and Others v UK (2006) ECHR 393, at para 5.

27 27 The Race Relatons (NI) Order 1997 addresses the prohbton on dscrmnaton n NI. Ths broadly comples wth human rghts standards. 91 In partcular, the clear extenson to cover all publc functons meets the recommendatons of the ECRI. 92 However, the Equalty Commsson NI has recommendatons for ensurng better complance wth such standards. The Race Relatons (NI) Order 1997 enables the Equalty Commsson NI to ssue codes of practce for employment and housng. Although a code n respect of the elmnaton of racal dscrmnaton n employment was frst ssued n 1999, an equvalent has not been ssued n respect of housng. Despte the exstng protectons, some Travellers n NI felt that they were regularly subjected to racal dscrmnaton, n partcular n the prvate rented sector. The Equalty Commsson NI should ssue a code of practce on the elmnaton of dscrmnaton n housng. Ths should nclude the prvate rented sector. Tolerance and Mutual Understandng Promoton of Tolerance and Mutual Understandng Legslaton and polces are n place to combat prejudce and to promote understandng, tolerance and frendshp among dfferent ethnc groups. Ths s requred by the CERD, Artcle 7, and set out n the UNESCO Declaraton of Prncples on Tolerance. 93 The NI Act 1998, Secton 75(2), places a duty on publc authortes to have regard to the desrablty of promotng good relatons between persons of dfferent racal groups, whch s weaker than the requrements n the human rghts standards. The Race Relatons (NI) Order 1997, Artcle 67, places a duty on local Councls to have due regard to the need to promote good relatons. Ths language broadly corresponds to human rghts standards. There s some evdence of dalogue wth Travellers, n lne wth the UN Declaraton on the Culture of Peace and the Durban Declaraton. 94 There are concerns that ths dalogue s not suffcently contnung, substantve or ntercultural, as recommended by the Advsory Commttee for the FCNM and the CoE Commttee of Mnsters Artcle 2, Internatonal Covenant on Economc, Socal and Cultural Rghts 1966; Artcle 2(1), Conventon on the Elmnaton of All Forms of Racal Dscrmnaton 1969; Artcle 5(2), Conventon on the Rghts of Persons wth Dsabltes 2006; Artcle 4, Framework Conventon on the Protecton of Natonal Mnortes 1998; E/C.12/GC/20, ICESCR Commttee General Comment No 20: Non-dscrmnaton n Economc, Socal and Cultural Rghts, 2 July 2009, at paras 38 and CRI(2003)8, ECRI General Polcy Recommendaton No 7: Natonal Legslaton to Combat Racsm and Racal Dscrmnaton, 13 December 2002, at para Artcle 1(1), UNESCO Declaraton on Prncples of Tolerance, 16 November A/RES/53/243 A, UN General Assembly Resoluton: Declaraton on a Culture of Peace, 13 September 1999; UN Declaraton on a Culture of Peace; A/CONF.189/12, Durban Declaraton, 8 September ACFC/311Doc(2008)001, CoE Advsory Commttee on the FCNM: Commentary on the Effectve Partcpaton of Persons belongng to Natonal Mnortes n Cultural, Socal and Economc Lfe n Publc Affars, 5 May 2008, at para 11; CoE, Declaraton on the Commttee of Mnsters on the Rse of Ant-Gypsysm and Roma and Racst Volence Aganst Roma n Europe, 1 February 2012, at para VI.2.v.

28 28 The NIHRC recommends The Department for Communtes should lase wth the Executve Off ce to propose an amendment of the Race Relatons (NI) Order 1997, Artcle 67, to extend the duty contaned wthn to all publc authortes. Ths duty requres approprate arrangements to be made wth a vew to securng that the varous functons of the relevant publc authorty are carred out wth due regard to the need to elmnate unlawful racal dscrmnaton and to promote equalty of opportunty, and good relatons, between persons of dfferent racal groups. The Department for Communtes and Department for Infrastructure should lase wth the Executve Off ce n mplementng the Racal Equalty Strategy. The strategy should consder how to adequately promote tolerance and understandng between Travellers and the settled communty n NI. It should also requre all the relevant publc authortes to report on such actons. Effectve Remedy Internal and ndependent effectve remedes for publc authortes regardng Travellers accommodaton are regulated and mplemented. Ths refl ects the ICESCR, Artcle 11; ICCPR, Artcle 14; CRPD, Artcle 13; and ECHR, Artcles 6 and However, t appears that measures are requred to ensure such remedes are accessble to Travellers n NI. For example, the Commsson found that Travellers rarely utlsed the Department for Communtes, Department for Infrastructure s, NI Housng Executve s, the housng assocatons, or local Councls nternal complants handlng processes. All publc authortes should take proactve reasonable steps to support Travellers through the complants process. Ths ncludes ensurng Travellers are aware of the exstence of such mechansms, what ther purposes are, how to make a complant, and the dfferent stages of the process. 96 E/1992/23, ICESCR Commttee General Comment No 4: The Rght to Adequate Housng, 13 December 1991, at para 17.

29 The full report s avalable at Out of Sght, Out of Mnd: Travellers Accommodaton n Northern Ireland FULL REPORT March 2018