ABSTRACT
Every human being, because of his membership of the human
race, holds a certain number of prerogatives inherent in his person, which
prerogatives are exercised independently of his gender, race, nationality or
social rank. Among these, the right to housing occupies a central place. It
must therefore be recognized and guaranteed to everyone.
MILOON HOTHARI defines the right to housing as: «The
right of every man, woman, young person and child to obtain and maintain safe
housing in a community where they can live in peace and dignity». However,
the preservation of this right is put in difficulty when the administration
envisages an expropriation for public utility. The question then arises, how is
the right to housing of victims protected in such a procedure?
The Chadian legislator has provided, within the framework of
Law No. 25 of July 22, 1967 and its implementing decree (Decree No. 187/PR/67
of August 01, 1967), measures to protect the right to housing of persons
expropriated. Most of these measures relate to resettlement and fair and prior
compensation for the victims. But in practice, these do not find an effective
application. In the specific case of the expropriation of the population of
Nguéli, we noted a series of violations of these rules throughout the
procedure. The deadlines set for the resettlement and taking possession on the
one hand, and those relating to the notification of the decision, the valuation
of the property and the payment of the compensation on the other hand, have
remained a dead letter.
To ensure more effectively the right to housing for
expropriated persons, the legislator must adopt new measures, in particular the
rehousing of vulnerable groups, fill certain legislative gaps, precisely by
removing the notion of urgency and by adopting a law which will establish the
bases of calculation the value of the expropriated property. The time limit for
resettlement and taking possession, set at only thirty days, must be revised
and set at three months, i.e. ninety days, renewable once. Finally, the State
must ensure a minimum of security of tenure, including protection against
forced evictions so that each Chadian citizen can realize his right to adequate
housing and all the other rights attached to it.
SOMMAIRE
vii
INTRODUCTION GÉNÉRALE 1
PREMIÈRE PARTIE : LES MESURES LÉGALES DE
PROTECTION DU DROIT AU LOGEMENT DES PERSONNES EXPROPRIEES POUR CAUSE
D'UTILITE
PUBLIQUE 20
CHAPITRE I : LE RECASEMENT DES PERSONNES EXPROPRIÉES POUR
CAUSE
D'UTILITÉ PUBLIQUE 22
SECTION I : L'ATTRIBUTION D'UN LOCAL DE REMPLACEMENT
AUX
VICTIMES 22
SECTION II : LA RÉINSTALLATION DES VICTIMES
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