ACH.PR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
Finally, it has to also show that it is deploying its available resources in a
manner that displays both commitmerlt to expand access to socio-economic
rights and to the implementation of its risponsibility,
220. As the Commission notes in the princiPIIs and Guidelines on ESC Rights:
The concept of progressive realisation mea I s that States must implement a reasonable
and measurable plan, including set achievable benchmarks and timeframes, for the
enjoyment over time of economic, social I-and cultural rights within the resources
~vailab~e to the state party. Some obligati0r"s in, rela~g1jl7t~i'R,rogressiverealisation are
Immed~ate. For example. ,States have an 0[jII~gationi9ilake'~'~Mf:reteand targeted steps
to realzse economic, SOCIaland cultural tIghts., ;;~~essentl~J" needs of members of
vulnerable and disadvantaged groups shorld b fir~(t''sed in)all resource allocation
processes.
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221. In
the present case, the impE7l'X~i~~threat, of Wq~~lessne "~that the
Complainants ~ace should 0,'~~4narilYI::
~~icit./~pme ur'g~~t:,,>,:~sponse from
Government WIthout prom2:~!;lif~:,As a', Pflrhcularly vulne~;~Ple group, the
Respondent State has an obligat£6'l1i't.Q
ur~entI»'$~ke concrete and targeted steps
to address the essential ),;freedsof the;'~" Iplairia~~~';\
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222. On the issue of prop~r'ti8~~lityi :~~~Res ;::~~:nt St~~~-::'s~bmittedthat there is a
need to balanc~(!p~'inclividtl?~kJ~f~~ests bf t~~,;:~9,wplainants against that of the
public interest.The Responde'i1.t'!~,!fltesubmitt~~}fhat the Municipality has been
and still is (in the process '0t.~l;"mro~idin~{'appropriate housing for the
Complainants.v'The Respondent §t~t~,),iJldicated that the Municipality has
identified altei:rt~tive land for dev,~lofu~~nt
and is in the process of finalizing
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th~;)ast legislative.requirements
qefore <construction of houses can commence.
Th~:<'~~s,R~ndent'~t~~e ~lso s~~~itted .t+at the administrative process for .the
prov~~non:.~8f'):lOusmg·l:ltlc:l,e:t:.~Quth
Afncan law may be cumbersome and time
consu~~ng;;iH);(i1,:thathe Mli'nicipality hJs no choice in the matter. And that the
Complid~)~~~~yIWilt';'R!~,,~SJlongst
the pers?ns to benefit from the housing once ~t
has been '\~~nstructe~£twp7The Responde9t State argued t~at ~he government IS
best placed~t9 determme how to accommodate all competing interests,
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223. Considering
i;]:ie/length of time that has gone by since the Complainants first
allegedly submitted their application for housing, the Complainants have
argued that they are not satisfied tHat there is any real seriousness or
commitment on the part of governmen, to address their housing ,:!is~~~ an
urgent way.
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67 First Submission
on Merits on behalf of the Republic of South Africa para
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