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Download the file - United Nations Rule of Law

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We fur<strong>the</strong>r commit ourselves to <strong>the</strong> objectives<strong>of</strong> … providing legal security <strong>of</strong> tenure andequal access to land to all people, includingwomen and those living in poverty. 1Security <strong>of</strong> tenure – or ‘<strong>the</strong> right <strong>of</strong> all individuals and groupsto effective protection from <strong>the</strong> State against forcedevictions’ 2 – is a major concern for hundreds <strong>of</strong> millions <strong>of</strong>slum dwellers and o<strong>the</strong>r poor people. The possibility thatindividuals, households or whole communities may beevicted from <strong>the</strong>ir homes at any time is a major safety andsecurity threat in urban areas <strong>the</strong> world over. The followingtwo chapters address a range <strong>of</strong> issues linked to <strong>the</strong> increasinglyprominent and fundamental issue <strong>of</strong> security <strong>of</strong> tenure.The analysis explores a wide range <strong>of</strong> questions linked tosecure tenure from <strong>the</strong> primary perspective <strong>of</strong> human rightsand good governance, augmented by experiences in variouscountries. The chapters compare and contrast various initiativestaken by states and analysts on <strong>the</strong> question <strong>of</strong> securetenure, and seek to identify <strong>the</strong> strengths and weaknesses <strong>of</strong><strong>the</strong> most prevalent approaches taken to procure security <strong>of</strong>tenure throughout <strong>the</strong> world. More specifically, Chapter 5explores <strong>the</strong> scope and scale <strong>of</strong> tenure insecurity in <strong>the</strong>world and trends surrounding tenure, while Chapter 6provides a review <strong>of</strong> policies that have been adopted toaddress tenure concerns.The analysis treats <strong>the</strong> concept <strong>of</strong> security <strong>of</strong> tenureas a key component <strong>of</strong> a housing policy built upon <strong>the</strong> principles<strong>of</strong> human rights law, which seeks to achieve <strong>the</strong> goal <strong>of</strong>adequate housing for all, as elaborated upon in <strong>the</strong> HabitatAgenda. This raises a number <strong>of</strong> crucial questions, which areaddressed in this part <strong>of</strong> <strong>the</strong> report:• Are all types <strong>of</strong> housing, land and property tenurecapable <strong>of</strong> providing <strong>the</strong> degree <strong>of</strong> security <strong>of</strong> tenuremeant to be accorded to everyone under human rightslaws?• What makes tenure secure and insecure?• If security <strong>of</strong> tenure is a right, how can it be enforced?• Is <strong>the</strong>re an emerging jurisprudence <strong>of</strong> security <strong>of</strong> tenureas a human right?• Is <strong>the</strong> universal enjoyment <strong>of</strong> security <strong>of</strong> tenure as ahuman right a realistic possibility within a reasonabletimeframe?These and a series <strong>of</strong> additional questions clearly requiregreater attention by <strong>the</strong> research and legal communities, aswell as by governments, <strong>the</strong> <strong>United</strong> <strong>Nations</strong> and policymakers.This part <strong>of</strong> <strong>the</strong> Global Report thus aims to examinecontemporary approaches to security <strong>of</strong> tenure through <strong>the</strong>perspective <strong>of</strong> human rights in order to determine howinitiatives in support <strong>of</strong> tenure security might achieve betteroutcomes once a human rights approach is embraced.As noted in Chapter 1, <strong>the</strong> year 2007 marks a turningpoint in human history: for <strong>the</strong> first time <strong>the</strong>re are morepeople living in cities and towns than in rural areas. Whilesome may argue about <strong>the</strong> precise date on which city andtown residents became a majority, <strong>the</strong> political, legal andresource implications, coupled with <strong>the</strong> social and economicconsequences <strong>of</strong> this shift, are widely recognized, eventhough <strong>the</strong>y may still not be fully appreciated by decisionandpolicy-makers.Urbanization brings with it both positive and negativeprospects for <strong>the</strong> world’s cities and towns and <strong>the</strong> existingand new populations <strong>of</strong> <strong>the</strong> world’s built-up areas. In Chinaalone, <strong>the</strong> urban population has increased by hundreds <strong>of</strong>millions <strong>of</strong> people, and this number is expected to continueto grow in <strong>the</strong> coming years as <strong>the</strong> economic boom continues.The Indian capital, Delhi, is growing by about half amillion people each year, and similar urban growth is occurringthroughout <strong>the</strong> developing world. Although <strong>the</strong> majorpart <strong>of</strong> urban growth in most cities today occurs throughnatural population growth or physical extension <strong>of</strong> urbanareas, 3 large numbers <strong>of</strong> <strong>the</strong>se new urban dwellers aremigrants from rural areas. Urban areas will continue toprovide employment choices, standards <strong>of</strong> living and culturaloptions simply unavailable in <strong>the</strong> countryside. Cities willcontinue to exert a considerable pull factor for <strong>the</strong> world’spoor and underemployed as great numbers <strong>of</strong> people see<strong>the</strong>ir aspirations linked to an urban life.It is now widely known and understood that migrantsto <strong>the</strong> world’s cities do not end up as residents in upmarketor even middle-class neighbourhoods. Ra<strong>the</strong>r, because veryfew governments have sufficiently prioritized actions insupport <strong>of</strong> pro-poor housing solutions for <strong>the</strong> urban poor, <strong>the</strong>formal, legal and <strong>of</strong>ficial housing market is nei<strong>the</strong>r affordablenor accessible to <strong>the</strong>se groups; as a result, illegal or informalland markets, slums, shanties, pirate subdivisions,pavements and park benches become <strong>the</strong> new abodes formillions <strong>of</strong> people every year. These informal self-helpsolutions have long been <strong>the</strong> only housing option available to<strong>the</strong> poorest in most developing world cities and, increasingly,in some developed world cities, as well.At <strong>the</strong> same time, however, <strong>the</strong> sense <strong>of</strong> urgency

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