Global Report on Human Settlements 2007 - PoA-ISS

154
Security of tenure
Box 6.24 Land-sector harmonization, alignment and coordination for poverty reduction in Kenya
Source: UN-Habitat, www.unhabitat.org/content.asp?typeid=24&catid=283&id=1603
The Development Partners Group on Land in Kenya brings
together the government, bilateral donors, and a range of United
Nations and civil society organizations for the purpose of developing
a common approach to some of the most challenging
land-related issues in Kenya. The main reason for the establishment
of the group was the realization that there was an urgent need for
harmonization among the various programmes undertaken in the
land sector in Kenya in order to avoid overlapping or divergent
approaches among development partners. The group was officially
formed in July 2003 and channelled support to the National Land
Policy Formulation Process through a basket fund arrangement.
In line with this new agenda on aid effectiveness, the
Development Partners Group on Land aims to deliver and manage
aid to the land sector in Kenya and to meet the principles of
harmonization, alignment and coordination. In its activities and
cooperation with other stakeholders, the group strives to achieve
consensus and support around the policy direction of the government
instead of pursuing diverging agendas. The emphasis of the
group is on three areas:
• strengthening government capacity to develop and implement
land-related policies and programmes;
• aligning donor support with government priorities as set out
in its poverty reduction strategy; and
• avoiding duplication and overlap in aid initiatives.
The support of the group is now expanding to cover the main
activities run by the Ministry of Land, such as the land policy
process, the development of a pro-poor land information management
system, the implementation of the recommendations of the
Ndungu Commission on illegal allocation of public land, and the
development of forced eviction guidelines in Kenya. Since its establishment,
the donor group has supported the government with
investments worth US$10 million in the land sector.
South Africa has few
parallels when it
comes to prohibiting
and regulating the
practice of evictions
together in a direct dialogue with bilateral and multilateral
agencies and financial institutions, promotes the developmental
role of local governments and helps cities of all sizes
to obtain more coherent international support. By promoting
the positive impacts of urbanization, the alliance helps local
authorities to plan and prepare for future growth, assists
cities in developing sustainable financing strategies, and
attracts long-term capital investments for infrastructure and
other services. Cities Alliance supports cities to prepare city
development strategies, which are action plans for equitable
growth in cities and their surrounding regions, developed
and sustained through participation, to improve the quality
of life for all citizens.
Another initiative that deserves some attention is the
work of the Development Partners Group on Land in Kenya.
The group focuses on promoting secure tenure for disadvantaged
groups and the development of sustainable land
information management systems. It also supports productive
investments in urban and rural areas. The group
represents an innovative approach to land-sector coordination
in line with international declarations calling for greater
harmonization, alignment and coherence in the field of
international technical cooperation (see Box 6.24).
Box 6.25 Key legislation on security of tenure adopted in
South Africa since 1996
• Restitution of Land Rights Act (No 22 of 1994)
• Land Reform (Labour Tenants) Act (No 3 of 1996)
• Communal Property Associations Act (No 28 of 1996)
• Interim Protection of Informal Land Rights Act (No 31 of 1996)
• Extension of Security of Tenure Act (No 62 of 1997)
• Housing Act (No 107 of 1997)
• Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (No 19 of 1998)
• Communal Land Rights Act (No 11 of 2004)
SECURITY OF TENURE AND
HUMAN RIGHTS: EXAMPLES
FROM SOUTH AFRICA,
BRAZIL AND INDIA
All countries have policies and laws in place that affect the
degree to which the population concerned has access to
legal security of tenure. In some countries, the explicit
human rights dimensions of security of tenure have become
part and parcel of the prevailing laws, practices and values.
Recent developments in three developing countries that
stand out in this respect – South Africa, Brazil and India –
are discussed below.
South Africa
In terms of legal frameworks recognizing the importance of
security of tenure, South Africa has few parallels when it
comes to prohibiting and regulating the practice of evictions.
South Africa’s first democratic election took place in 1994.
The newly elected government, under an interim constitution,
set up the Land Claims Court with a Land Commission
to replace an Advisory Commission. This meant that black
South Africans who had been forcibly removed and been
dispossessed of their land during the apartheid era could
institute a claim for the return of their land or
compensation. 53
The new 1996 South African Constitution contains
several important provisions relating to tenure that became
contested litigation areas during the last ten years. 54 These
include:
• section 25, which provides for protection of property
rights, protection against arbitrary deprivation of
property, compensation for expropriation of property