2016: The National Assembly Passed a Housing Law which
the Supreme Court Declared Unconstitutional
Beginning in the 1930s people began moving from rural to
urban areas. No programs were adopted to provide housing. Millions of people
erected makeshift dwellings on hillsides creating the “Barrios.” Many of these
dwellings were substandard. Many families could not afford to purchase private
housing elsewhere. The Great Housing Mission was established in 2011 by Hugo
Chavez’s government. Public funds are used to build the homes which are then
permanently leased to residents. The residents effectively own the home to
permanently live in, but are barred from freely selling their units. The
government provides residents with a payment plan based on their means. By
January 2016, a million homes had been built [1].
On January 14, 2016, opposition Deputy Julio Borges
introduced a Bill to privatize public housing. Residents would be granted deeds
to their properties, allowing them to freely sell their homes. According to
Borges, as private homeowners, families would be able to assemble wealth. Housing
Minister Manuel Quevedo criticized the Bill saying: “Behind this property law
are the financiers who want to get their hands on more than a million homes”
[2]. Housing rights groups took to the
streets to protest the plan [2]. Many residents feared that they would be
unable to access the houses once they were floated on the highly speculative and
unaffordable private housing market [3]. The Housing Bill was passed by the
Assembly on April 13.
President Maduro submitted the Law to the Supreme Court to
determine its constitutionality. On May 6, the Court ruled that the Law was in
violation of the right to housing which must be guaranteed by the government as
stipulated in the Constitution [4]. As such, the Law contravened the
Constitution’s principle of “progressivity” with regard to human rights and
constituted a “regression” that would reduce the right to housing to “a mere
consumer necessity.”[4]
1.
Venezuelanalysis, Venezuelan Housing
Programme Hands over Millionth Home, January 2, 2016
2.
Venezuelanalysis, Venezuela’s President to
Move into Public housing Unit, Amid Protests over housing Privatization, April
15, 2016
3.
Venezuelanalysis, Venezuelans Protest
Privatization of Social Housing as Parliament Approves in First Discussion,
January 30, 2016
4.
Venezuelanalysis, Venezuelan Supreme Court
Blocks Housing Privatization Law, May 9, 2016
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