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Download the file - United Nations Rule of Law

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112Security <strong>of</strong> tenureBox III.1 Security <strong>of</strong> tenure: The triumph <strong>of</strong> <strong>the</strong> ‘self-service city’They all laughed: six men laughing because an outsider didn’tunderstand <strong>the</strong>ir concept <strong>of</strong> landownership.They sat in a teahouse in a dusty patch <strong>of</strong> Istanbul (Turkey),called Pas˘ aköy, far out on <strong>the</strong> Asian side <strong>of</strong> <strong>the</strong> city.‘Tapu var?’ a researcher asked.‘Do you have title deeds?’They all laughed. Or, more accurately, some laughed, somemuttered uncomfortably and some made a typical Turkish gesture.They jerked <strong>the</strong>ir heads back in a sort <strong>of</strong> half nod and clicked <strong>the</strong>irtongues. It was <strong>the</strong> kind <strong>of</strong> noise someone might make while callinga cat or a bird, but at a slightly lower pitch. This indicates:‘Are youkidding?’ or ‘Now that’s a stupid question’ or, more devastatingly,‘What planet are you from, bub?’The researcher blundered on.‘So who owns <strong>the</strong> land?’More laughter. More clicking.‘We do,’ said Hasan Çelik, choking back tears.‘But you don’t have title deeds?’ This time <strong>the</strong>y roared.And somebody whispered:‘Why is this guy so obsessedwith title deeds? Does he want to buy my house?’To understand <strong>the</strong> squatter communities <strong>of</strong> Turkey, it is importantto accept <strong>the</strong> existence <strong>of</strong> a sense <strong>of</strong> property ownership that iscompletely different from what exists in Europe and NorthAmerica. It is a system <strong>of</strong> land tenure more rooted in <strong>the</strong> legalrights <strong>of</strong> communities than in <strong>the</strong> apparatus <strong>of</strong> title registration and<strong>the</strong> clean pieties <strong>of</strong> private property. While it may seem unruly tooutsiders, it has enabled <strong>the</strong> accommodation <strong>of</strong> massive urbanizationin a sensible and successful way by harnessing <strong>the</strong> power <strong>of</strong>self-building and sweat equity.For instance, it is likely that <strong>the</strong> land under <strong>the</strong> sevenstoreycity hall in <strong>the</strong> neighbouring Sultanbeyli belongs tothousands <strong>of</strong> people who have no idea that <strong>the</strong>y own it and havenever even heard <strong>of</strong> this obscure outpost far out on <strong>the</strong> Asian side<strong>of</strong> Istanbul. That is because 70 per cent <strong>of</strong> <strong>the</strong> land in this squattermetropolis is held under hisseli tapu – or shared title. Today, thisanachronistic form <strong>of</strong> landownership exists where parcels <strong>of</strong> landhave never been divided into exact lots and ownership has neverbeen apportioned to individuals.So, why is this not seen as a problem by Sultanbeyli’s300,000 residents, and why do <strong>the</strong>y not fear eviction at <strong>the</strong> hands<strong>of</strong> <strong>the</strong> rightful owners <strong>of</strong> <strong>the</strong>ir land? Perhaps <strong>the</strong> best answer isthat Istanbul is a ‘self-service city’, a place where nobody owns buteverybody builds. Between 1986 and 1989, people erected 20,000houses in Sultanbeyli and <strong>the</strong> city now boasts 150 major avenues,1200 streets, 30,000 houses, 15 neighbourhoods, 91 mosques, 22schools and 48,000 students.Yet, today <strong>the</strong>re is increasing pressure to formalize tenurerights. The mayor <strong>of</strong> Sultanbeyli is encouraging people to buyprivate title to <strong>the</strong> land that <strong>the</strong>y occupy. Many residents, however,are not so sure. Indeed, many in Sultanbeyli are balking at <strong>the</strong> idea<strong>of</strong> paying a fee for <strong>the</strong>ir land. In <strong>the</strong> city’s Aks˘emsettin neighbourhood,Zamanhan Ablak, a Kurd who came to Sultanbeyli in <strong>the</strong> mid1990s, reports that his family initially paid approximately US$1500for <strong>the</strong>ir land (<strong>the</strong>y registered <strong>the</strong>ir new right <strong>of</strong> possession with<strong>the</strong> local muhtar, an elected <strong>of</strong>ficial who functions as a kind <strong>of</strong>justice <strong>of</strong> <strong>the</strong> peace). They also paid US$120 for <strong>the</strong> city’s permissionto erect a new building, and approximately US$400 towards aneighbourhood fund dedicated to installing drainage culverts andbuilding a mosque and a school. Zamanhan, who works as a waiterin his cousin’s kebab restaurant, is already protesting <strong>the</strong> fact thatSultanbeyli is charging residents US$160 to hook into <strong>the</strong> watersystem. He explained his irritation with a little wordplay: <strong>the</strong> city’sfee (ruhsat in Turkish), is nothing more than a bribe (rusvet). So,Zamanhan asked:‘Ruhsat, rusvet: what’s <strong>the</strong> difference?’ Zamanhanand many <strong>of</strong> his fellow Aks˘emsettin residents do not lookfavourably on <strong>the</strong> idea <strong>of</strong> having to shell out more money topurchase a title deed for a parcel that was unused and unwantedwhen <strong>the</strong>y arrived.After all, <strong>the</strong>y say, it is through <strong>the</strong>ir own work thatSultanbeyli and many o<strong>the</strong>r informal settlements have becomeindistinguishable from many legal neighbourhoods in Istanbul.Through a combination <strong>of</strong> political protection and dogged buildingand rebuilding, <strong>the</strong>y have developed <strong>the</strong>ir own communities intothriving commercial and residential districts that are desirableplaces in which to live. Indeed, with Istanbul continuing to grow, itis possible that selling private titles could set <strong>of</strong>f a frenzy <strong>of</strong> speculationin Sultanbeyli. Informal ownership, while perhaps legallyprecarious, is perhaps safer for poor people because <strong>the</strong>y do nothave to go into debt to formally own <strong>the</strong>ir houses. They build what<strong>the</strong>y can afford, when <strong>the</strong>y can afford it.Source: Neuwirth, 2007required to ensure adequate housing for all is distressinglyabsent from most government decision-making bodies.Public expenditure on housing remains minimal in virtuallyall countries, and private sector-led efforts to providehousing at an affordable cost have generally not achievedresults (even when heavily subsidized or provided with taxincentives or o<strong>the</strong>r inducements to do so). As a result,governments <strong>of</strong> all political hues are turning to <strong>the</strong> market as<strong>the</strong> source <strong>of</strong> hope for housing <strong>the</strong> hundreds <strong>of</strong> millions <strong>of</strong>people who today lack access to a safe, habitable and securehome. Indeed, <strong>the</strong> market can, and must, be a crucial link inany successful housing supply chain. Most commentatorsare, however, sceptical about <strong>the</strong> ability <strong>of</strong> <strong>the</strong> market aloneto provide affordable and accessible homes to all sectors <strong>of</strong>society. And yet, from an analysis <strong>of</strong> <strong>the</strong> latest housing policytrends throughout <strong>the</strong> world, it is clear that <strong>the</strong> market –perhaps more than ever before – is seen by many people andgovernments as <strong>the</strong> ‘only real solution’ to solving <strong>the</strong> globalhousing crisis.As a result, <strong>the</strong> global housing crisis – characterizedby ever growing slums, housing price increases, conflict anddisaster-induced loss <strong>of</strong> housing and property resources, andcontinuing forced evictions and mass displacements –continues to get worse without any sort <strong>of</strong> positive end insight. Because <strong>of</strong> this, an equally massive response by localand national governments to address this crisis, backed by

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