Christopher Burgess | Should affordable housing be a right?

More countries are treating housing not just as a need, but as a right. This move is aimed at preventing homelessness, land insecurity, and inequality.

In Jamaica, housing shortages, high rents, and expanding informal settlements have left thousands struggling to secure a home. If access to affordable housing were protected under the Constitution, it would ensure consistent policies that prioritize housing affordability, regardless of government changes. It would prevent land misuse for high-income developments that displace locals. And it would promote economic stability, aligning land use planning and housing costs with incomes.

Jamaicans should not have to fight for housing access in a country where land is plentiful but unfairly distributed.

HOUSING IS MORE THAN A ROOF

For housing to be adequate, it must offer more than just a roof. Many Jamaicans endure long commutes from May Pen, Spanish Town, Angels, and Old Harbour due to a lack of nearby jobs and poor planning.

Housing adequacy extends beyond just having a roof over one’s head. According to the United Nations High Commissioner for Human Rights (UNHCR), adequate housing must include protection from eviction, access to work and essential services, affordability relative to income, and accessibility for all vulnerable and marginalised groups.

Take Odaine and Yanique, two young professionals who commute to Kingston daily. Their story is similar: long hours in traffic, rising transport costs, and little time with their children. It’s even harder to swallow when they drive past empty apartment complexes owned by speculators.

Without urban planning that brings homes closer to opportunities, Jamaicans will continue to suffer long commutes, lost family time, and growing inequality.

WHY MAKE HOUSING A RIGHT?

Some argue that recognising housing as a right, would mean the government has to build a house for everyone. That’s not true. What it does mean is that the state would be obligated to support access to affordable homes and stop policies that make things worse.

Prescribing housing as a right would give people stronger legal grounds to challenge evictions and harmful policies. Courts could scrutinise policies that harm vulnerable groups. This approach could ensure that the state does not regress in affordable housing access, without facing accountability, grounded in constitutional protection.

COUNTRIES WE CAN LEARN FROM

Countries like South Africa, Brazil, Cuba, the UK, and Finland have successfully made housing a legal right. In South Africa, the Bill of Rights in the Constitution mandates government action on housing, resulting in over four million homes built since the end of apartheid. Admittedly, I am not excited by the ad hoc approach of the Reconstruction and Development Programme, and the typical floor plan, in the Jamaican context. Still, a free 500 square foot house is attractive. Brazil’s Minha Casa, Minha Vida programme added five million homes since 2009, although informal settlements remain a challenge. Cuba has built 1.5 million homes since 1960 through state-led efforts, despite limited resources. Output peaked at 111,000 homes annually.

In the United Kingdom, housing is legally recognized as a right, with four million social homes maintained, And Finland’s “Housing First”, launched in 2008, has reduced homelessness by 80 per cent, delivering 7,000 new social housing units annually.

Sweden ensures access to affordable housing through national policy. Ecuador’s Constitution guarantees decent housing, especially for vulnerable groups. Portugal has made housing a constitutional right since 1976, and Spain’s Constitution declares all citizens have the right to housing.

The impact is clear: countries that prioritize housing rights see lower homelessness, stronger local economies, and better social outcomes.

Yet, Jamaica has not followed suit. Neither Jamaica’s Charter of Rights (2011) nor the CRC Report (2024) mention housing or shelter as a right. The lack of acknowledgement of housing or shelter as a right, despite the persistent housing crisis, suggests that the approach to housing will be inconsistent, and subjected to the whims and fancies of political administration.

Jamaica must follow good examples by integrating housing rights into the Constitution, making affordable housing a national priority.

FROM SQUATTING TO SECURITY

Jamaica’s long history of informal settlement has been shaped by deep-rooted inequality, and inconsistent policies. Many communities remain without title, basic services, or security. But there is a way forward.

To achieve housing justice, Jamaica must adopt a strategy rooted in fairness, consistency and inclusion. This should begin with constitutional reform: access to affordable housing should be recognised as a right (Segal, 2020 CJIL).

Regularisation must be prioritised. Government-owned idle lands should be redistributed to support planned low-income climate resilient housing communities, while rural land titling would help secure ownership for small farmers and curb the rural-to-urban migration pressures. In urban centres, there’s an urgent need for more affordable, multi-family housing, built near jobs and public services. Informal settlements must be upgraded through consultations.

Public-private partnerships offer potential and is an approach endorsed by the World Bank (2020). The government could allocate 13,000 acres for mixed-income housing, based on successful models like Greater Portmore in the 1990s. Whether the Greater Bernard Lodge Development follows suit remains uncertain, as middle-income and high-end homes currently dominate. To make these projects viable, developers must be incentivised, like the Special Economic Zones, for building low-cost, sustainable homes.

Informal settlements are rooted in historic injustices. Government, as the largest landowner, must lead. With land regularisation, fair policies, and housing investment. Jamaica can turn squatting into stability.

Christopher Burgess, PhD is a registered civil engineer, land developer and the managing director of CEAC Solutions Company Limited. He is currently a Jamaica Institution of Engineers council member. Send feedback to columns@gleanerjm.com