Global Report on Human Settlements 2007 - PoA-ISS

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266 Towards safer and more secure cities Box 11.4 Defining human security The former United Nations Secretary-General Kofi Annan has said: Human security in its broadest sense embraces far more than the absence of violent conflict. It encompasses human rights, good governance, access to education and health care and ensuring that each individual has opportunities and choices to fulfil his or her own potential. Every step in this direction is also a step towards reducing poverty, achieving economic growth and preventing conflict. Freedom from want, freedom from fear and freedom of future generations to inherit a healthy natural environment – these are the interrelated building blocks of human and, therefore, national security. Source: Commission on Human Security, 2003 A focus on property rights alone may serve … to justify a grossly unfair and unequal status quo The question thus becomes whether the concept of ‘property rights’ is adequate The term ‘housing, land and property rights’ ensures that all residential sectors are included in legal analyses and in the development of plans, policies and institutions Security of tenure goes beyond property rights Examining security of tenure within the context of the above-mentioned recognized human rights also meshes well with treating security of tenure as a core element within the concept of human security. This implies taking a more allencompassing vision of human rights as they relate to the tenure issue (see Box 11.4). Nobel Peace Prize winner Jody Williams makes the link between human rights, human security and property rights in a 2006 article, where she questions the efficacy of a property rights (title-based) approach to solving the security of tenure crisis: But it remains to be seen how extracting one right – the right to property – can possibly be … a long-term solution to meeting the complex needs of the poor. Meeting those needs for the long term would require addressing the political, social, cultural and economic factors (on both the national and international levels) that created the gross inequalities in the first place and exacerbates them in a globalized world, thus depriving the poor of human dignity and the full realization of their human rights. 21 This is an important point, for in the realm of housing and land policy (as also discussed in Chapters 5 and 6), property rights approaches have often proven inadequate in fully achieving the objective of universal access to a place to live in peace and dignity. Indeed, on their own, property rights are often seen to undermine the pursuit of this goal. In some situations, a focus on property rights alone may serve (as a concept, as well as in law, policy and practice) to justify a grossly unfair and unequal status quo. In other instances, what are referred to as property rights are confused with housing and land rights, effectively usurping them in an effort to give an impression that all residentially related human rights requirements can be met via property rights. As such, the question thus becomes whether the concept of ‘property rights’ is adequate for addressing the multifaceted questions relating to both land and housing, and the inadequate living conditions facing such a large portion of humanity. Can property rights in and of themselves address the increasingly inequitable distribution of land in developing countries? Can programmes solely supporting property rights lead to increasingly higher levels of enjoyment of all rights related to the conditions in which one lives? Most controversially, perhaps, does a purely property rights approach help those without rights to actually achieve them? In certain instances, the recognition of property rights has proven to be an important element or step in developing a legal system based upon the rule of law. The effective enforcement of property rights requires clear and transparent rules, as well as a functioning and independent judiciary – elements that are considered fundamental for the promotion and protection of human rights and the rule of law. But while property rights could play a role in triggering the emergence of a human rights friendly environment, one can question, in the longer term, the impact of a system relying primarily on property rights for the full realization of all human rights. In practical terms, within the real world, do property rights actually protect only those who already possess property? And what is their significance for those hundreds of millions of people who do not possess these rights within the formal legal system? Housing, land and property (HLP) rights As one means of addressing these questions and, in effect, of overcoming the limitations of the concept of ‘property rights’, the more inclusive terminology of housing, land and property (HLP) rights has been suggested as a far better (and, again, integral) term with which to describe the residential dimensions of the property question, set within a human rights framework. 22 Treating what are traditionally referred to as ‘property rights’ as the more all-encompassing ‘HLP rights’ promotes a unified and evolutionary approach to human rights and all of their associated residential dimensions. Moreover, such an approach – grounded deeply in the indivisibility and interdependence of all rights – allows all of the rights just noted to be viewed as a consolidated whole in broad support of security of tenure initiatives. The term ‘housing, land and property rights’ ensures that all residential sectors are included in legal analyses and in the development of plans, policies and institutions addressing the legal and physical conditions in which people in all societies live. Working with HLP rights also ensures that the terminology used in one country to describe the rights possessed by everyone (e.g. ‘housing rights’) is treated as the human rights equivalent of terms such as ‘property rights’ or ‘land rights’, and vice-versa. Using only the term ‘property rights’ can very easily result in the exclusion of certain sectors (tenants, co-operative dwellers, informal-sector dwellers without secure tenure, women, vulnerable groups, nomads, indigenous peoples and others), inequitable treatment and, far too often, outright discrimination. In contrast, the term ‘HLP rights’ is universally relevant within all legal and political systems, and resonates in both developed and developing countries. While HLP rights are each unique and complex legal and human rights concepts, they are, at the same time,
Enhancing tenure security and ending forced evictions 267 closely related to one another and, to a certain degree, overlap. In general terms: • Housing rights are the rights of ‘everyone’ to have access to a safe, secure, affordable and habitable home. • Land rights cover those rights related directly to the land itself as distinct from purely the structure built on the land in question. • Property rights concern the exclusive user and ownership rights over a particular dwelling or land parcel. Each of these terms is important; but none of them captures in their entirety the full spectrum of rights associated with the right to a place to live in peace and dignity, including the right to security of tenure. For the purposes of the security of tenure process, therefore – and because historical, political, cultural and other distinctions between countries with respect to what have also more broadly been called ‘residential’ rights are so extensive – HLP rights seems a more comprehensive term for describing the numerous residential dimensions of these questions from the perspective of human rights law. What people in one country label as ‘land rights’ may be precisely the same thing as what citizens of another country call ‘housing rights’. ‘Property rights’ in one area may greatly assist in protecting the rights of tenants, while in another place property rights are used to justify mass forced evictions. Many more examples could be given; but the important point here is simply that the composite term HLP rights probably captures the notion of ‘home’ or ‘place of habitual residence’ better than other possible terms. A term such as HLP rights may confuse some and frustrate others; but it is difficult to imagine how an integral approach to security of tenure can emerge within human rights law unless the impasse between housing rights, property rights and land rights is broken and allowed to properly evolve. This new terminology embraces all of the different approaches to this question, not necessarily favouring one or the other, but incorporating the best, most pro-human rights elements of each into a new vision of human rights as they relate to the places and conditions in which people live. The new terminology may assist greatly in finding new ways to integrate rights with security of tenure. In addition and, more specifically, linked to the question of eviction, it may also be time to consider looking for new ways to define people’s rights not to be evicted in a more positive and affirmative manner. Since all human rights are to be treated equally, in an interdependent and indivisible manner (see Box 11.5), it may be useful to expand discussions on what could be called a right to security of place. This right exemplifies the convergence of civil, political, economic, social and cultural rights and places three forms of security into an indispensable human rights framework: • It encapsulates the notion of physical security, protection of physical integrity and safety from harm, and guarantees that basic rights will be respected. • It incorporates all dimensions of human security – or the economic and social side of the security equation. • It recognizes the importance of tenure rights (for tenants, owners and those too poor to afford to rent or buy a home) and the crucial right to be protected against any arbitrary or forced eviction from one’s home. This manifestation of security intrinsically links to housing rights concerns during times of peace and to housing rights issues arising in the midst of armed conflict and humanitarian disasters. It recognizes that everyone has an enforceable and defendable right to physical security and rights to housing, property and land, including rights to security of tenure. As with ‘HLP rights’, a right to security of place makes no presumption that one form of tenure is to be necessarily preferred over another, but the ‘right to security of place’ would go beyond security of tenure alone. The stability of the home would form the starting point from which supplementary rights emerge. Such a right to security of place would strengthen the rights of all dwellers within the informal sector by providing a conceptual means to plug the gap in the attention and institutional protection given to those forced from their homes due to forced evictions and development-induced displacement. An integral, comprehensive approach based on the notion of HLP rights holds the best promise for marshalling resources and assets towards improving the lives of lowerincome groups. Treating HLP rights simultaneously as human rights concerns and development concerns is both practical and has universal applicability. In fact, this approach can provide one of the clearest examples of how a rights-based approach to development actually looks in practice and how security of tenure can be treated increasingly as a core human rights issue. A human rights–human security approach to secure tenure has the potential to significantly improve the prospects of security of tenure being an attribute of everyone’s life. The essential issue, however, is that the approach has to be applied seriously and wisely by governments – both local and national – and must be supported solidly by the international community and civil society. To achieve this will be no small feat, as few rights, if any, are as widely denied as the right to security of tenure. This view, though perhaps seemingly distant from a human rights perspective on the issue, in fact reflects the key point. At the end of the day, what matters most is not necessarily the formality associated with the tenure levels enjoyed by dwellers, but the perception of security, both de facto and de jure, that comes with that tenure. By treating security of tenure as part of the broader human rights equation, we automatically incorporate dimensions of security, rights, remedies and justice to the analysis. Box 11.5 The indivisibility of human rights Treating HLP rights simultaneously as human rights concerns and development concerns is both practical and has universally applicability By treating security of tenure as part of the broader human rights equation, we automatically incorporate dimensions of security, rights, remedies and justice All human rights are universal, indivisible and interdependent and interrelated … it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms. Source: Vienna Declaration and Programme of Action, para 5
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ENHANCING URBAN SAFETY AND SECURITY
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First published by Earthscan in the
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INTRODUCTION Enhancing Urban Safety
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ACKNOWLEDGEMENTS The preparation of
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x Enhancing Urban Safety and Securi
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xviii Enhancing Urban Safety and Se
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LIST OF FIGURES, BOXES AND TABLES F
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4 Understanding Urban Safety and Se
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1 CHAPTER CURRENT THREATS TO URBAN
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Current threats to urban safety and
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2 CHAPTER VULNERABILITY, RISK AND R
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Vulnerability, risk and resilience:
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29 simply ‘give up’ in the face
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46 Urban crime and violence Box II.
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48 Urban crime and violence it has
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50 Urban crime and violence Formal
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52 Urban crime and violence Contact
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54 Urban crime and violence Per 100
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56 Urban crime and violence Burglar
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58 Urban crime and violence Percent
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60 Urban crime and violence Figure
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62 Urban crime and violence Table 3
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64 Urban crime and violence Youth g
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68 Urban crime and violence Type of
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70 Urban crime and violence From a
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72 Urban crime and violence One vio
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74 Urban crime and violence High ho
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76 Urban crime and violence Abused
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78 Urban crime and violence General
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82 Urban crime and violence porate
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4 CHAPTER URBAN CRIME AND VIOLENCE:
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86 Urban crime and violence UN-Habi
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88 Urban crime and violence Box 4.2
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90 Urban crime and violence Box 4.4
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92 Urban crime and violence Legisla
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94 Urban crime and violence above w
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96 Urban crime and violence Campaig
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98 Urban crime and violence Availab
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100 Urban crime and violence Box 4.
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102 Urban crime and violence In som
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104 Urban crime and violence Initia
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106 Urban crime and violence The mo
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108 Urban crime and violence Vander
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112 Security of tenure Box III.1 Se
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5 CHAPTER SECURITY OF TENURE: CONDI
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116 Security of tenure Table 5.1 A
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118 Security of tenure Fully legal
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120 Security of tenure Box 5.4 Secu
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122 Security of tenure Urban tenure
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124 Security of tenure At least 2 m
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126 Security of tenure Market-based
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128 Security of tenure Box 5.11 Urb
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130 Security of tenure Operation Mu
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132 Security of tenure Control of l
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134 Security of tenure Box 5.18 Sec
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136 Security of tenure NOTES 1 Habi
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138 Security of tenure Box 6.1 The
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140 Security of tenure It would be
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142 Security of tenure Box 6.7 Land
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144 Security of tenure Box 6.10 Wha
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146 Security of tenure Box 6.12 Evi
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148 Security of tenure Box 6.15 Con
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150 Security of tenure Box 6.18 Vio
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152 Security of tenure The
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154 Security of tenure Box 6.24 Lan
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156 Security of tenure The state is
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158 Security of tenure Housing righ
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Over the last three decades, natura
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Introduction 165 One of the key tre
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7 CHAPTER DISASTER RISK: CONDITIONS
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Disaster risk: Conditions, trends a
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8 CHAPTER POLICY RESPONSES TO DISAS
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316 Summary of case studies These e
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318 Summary of case studies develop
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320 Summary of case studies tion ex
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322 Summary of case studies Housing
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324 Summary of case studies Prolong
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326 Summary of case studies momentu
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330 Statistical annex Islands, Micr
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332 Statistical annex NOMENCLATURE
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334 Statistical annex Population, u
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336 Statistical annex SOURCES OF DA
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338 Enhancing Urban Safety and Secu
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INDEX ACHR (Asian Coalition for Hou
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Index 435 security of tenure 134 co
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Index 437 domestic abuse see intima
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Index 439 hazard management 169 haz
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Index 441 Kosovo, security of tenur
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Index 443 participation 38, 296-299
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Index 445 individual 34-35 municipa
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Index 447 gun ownership 78 Homeless
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