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Download the file - United Nations Rule of Law

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Security <strong>of</strong> tenure: Conditions and trends131subjected to various forms <strong>of</strong> discrimination that may impactupon <strong>the</strong>ir security <strong>of</strong> tenure and/or <strong>the</strong>ir exposure tovarious forms <strong>of</strong> evictions. Moreover, <strong>the</strong> consequences <strong>of</strong>evictions may be harder to bear for some groups. Whatfollows is a brief overview <strong>of</strong> <strong>the</strong> conditions experienced bysome such vulnerable groups.The urban poorPoverty and inequality remain <strong>the</strong> key determinants <strong>of</strong>vulnerability from tenure insecurity. Generally, <strong>the</strong> poorer aperson or household is, <strong>the</strong> less security <strong>of</strong> tenure <strong>the</strong>y arelikely to enjoy. Despite a variety <strong>of</strong> well-intentioned efforts –such as campaigns to end poverty and <strong>the</strong> MDGs – allrelevant indicators point to poverty levels increasing in much<strong>of</strong> <strong>the</strong> world. Likewise, global income inequalities seem to beat <strong>the</strong> highest level since measurements began. The richest 2per cent <strong>of</strong> adults in <strong>the</strong> world now own more than half <strong>of</strong>global household wealth, and <strong>the</strong> richest 1 per cent <strong>of</strong> adultsalone owned 40 per cent <strong>of</strong> global assets in <strong>the</strong> year 2000.The richest 10 per cent <strong>of</strong> adults accounted for 85 per cent<strong>of</strong> <strong>the</strong> world’s total wealth, while, by contrast, <strong>the</strong> bottomhalf <strong>of</strong> <strong>the</strong> world’s adult population owned barely 1 per cent<strong>of</strong> global wealth. 55While national GDP levels have increased in manynations, this has not always resulted in improved housingand living conditions for lower-income groups. In fact, <strong>the</strong>reis some evidence that society-wide economic progress canactually reduce tenure security for <strong>the</strong> poorer sections <strong>of</strong>society as land values, speculation and investment in realestate all collude to increase <strong>the</strong> wealth <strong>of</strong> <strong>the</strong> elites, thusmaking it much more difficult for <strong>the</strong> poor to have access tohousing that is secure and affordable. The widespreadhousing price boom <strong>of</strong> <strong>the</strong> past 15 years in many countries,for instance, certainly benefited existing owners <strong>of</strong> homesand those able to obtain mortgages in many countries, butalso priced millions out <strong>of</strong> <strong>the</strong> housing market.At <strong>the</strong> national level, <strong>the</strong> economic boom in China, forinstance, has significantly reduced security <strong>of</strong> tenure. Some50 million urban residents in China (not including migrantworkers) are now highly vulnerable, <strong>of</strong>ten subject to evictionfrom <strong>the</strong> affordable homes <strong>the</strong>y have occupied for decades.Few <strong>of</strong> <strong>the</strong>se residents can afford to buy or rent new housingin <strong>the</strong> districts where <strong>the</strong>y now reside, given recent propertyprice increases, and new and affordable rental units are farscarcer than <strong>the</strong> numbers needed. 56In recognition <strong>of</strong> <strong>the</strong> fact that rising real estate priceshave made <strong>the</strong> dream <strong>of</strong> homeownership increasingly distantfor many lower-income groups, access to security <strong>of</strong> tenuretakes on added significance. In many settings, enjoyingtenure security is far more important to dwellers thanhomeownership or being providing with a title to a land plot.During recent years, <strong>the</strong>re has been a major policy shift awayfrom more conventional approaches, to informal settlements,to more simplified, innovative, cost-effective andlocally driven efforts to procure security <strong>of</strong> tenure. Withgovernments unable and/or unwilling to commit <strong>the</strong>resources required to raise levels <strong>of</strong> housing adequacy, andcivil society and NGOs largely sceptical <strong>of</strong> any efforts by <strong>the</strong>state or private sectors to improve housing conditions, it isnot difficult to see how <strong>the</strong> international community hasreached <strong>the</strong> view that <strong>the</strong> provision <strong>of</strong> security <strong>of</strong> tenureshould be seen as a cornerstone <strong>of</strong> efforts to reduce poverty.TenantsIf <strong>the</strong>re is any particular group <strong>of</strong> urban dwellers who isunder-protected and under-emphasized and frequentlymisunderstood, it is surely <strong>the</strong> world’s tenants. Whileprecise figures are lacking, <strong>the</strong> number <strong>of</strong> <strong>the</strong> world’stenants may well be measured in billions. In terms <strong>of</strong>security <strong>of</strong> tenure, tenants most certainly can be providedwith levels <strong>of</strong> tenure security protecting <strong>the</strong>m from all but<strong>the</strong> most exceptional instances <strong>of</strong> eviction; but all too rarelyare <strong>the</strong> rights <strong>of</strong> tenants and <strong>the</strong> rights <strong>of</strong> title holders tosecure tenure treated equitably under national legal systems.However, if <strong>the</strong> question <strong>of</strong> tenure is viewed from <strong>the</strong>perspective <strong>of</strong> human rights, it is clear that tenants, ownersand, indeed, all tenure sectors – formal and informal –should enjoy equitable treatment in terms <strong>of</strong> tenure securityand protection against eviction.There would seem, as well, little justification fortreating tenants in a fundamentally different way fromowners or title holders when regularization processes areunder way within a given informal settlement. Suchprocesses should be fair, equitable and <strong>of</strong> benefit to all <strong>of</strong> <strong>the</strong>lower-income groups. In Kenya, for example, <strong>the</strong> Mathare4A slum upgrading programme fell short <strong>of</strong> its objectivesbecause <strong>of</strong> <strong>the</strong> lack <strong>of</strong> considering <strong>the</strong> impact <strong>of</strong> upgradingon <strong>the</strong> security <strong>of</strong> tenure <strong>of</strong> tenants. 57 In terms <strong>of</strong> rentalmarkets, <strong>the</strong>re is a growing appreciation that tenure securitycan assist, and not hinder, in increasing <strong>the</strong> prospects <strong>of</strong>long-term rental contracts, which, in turn, can streng<strong>the</strong>nsecurity <strong>of</strong> tenure rights in this sector. The insecurity <strong>of</strong>tenure prevalent throughout much <strong>of</strong> Latin America, forinstance, is seen as a key reason why long-term tenancyarrangements are so rare in <strong>the</strong> region.Tenants are rarely a topic <strong>of</strong> focus within globalhuman settlements circles. Moreover, when <strong>the</strong>y are, <strong>the</strong>yare frequently neglected (or even treated with disdain) in <strong>the</strong>context <strong>of</strong> urban development and slum regularization initiatives,and also in <strong>the</strong> context <strong>of</strong> post-conflict housing andproperty restitution programmes. 58 Although faced withprecisely <strong>the</strong> same circumstances that lead to <strong>the</strong>ir displacement(which can include crimes such as ethnic cleansing,etc.), some restitution measures have clearly favoured <strong>the</strong>restitution rights <strong>of</strong> owners over those <strong>of</strong> tenants when <strong>the</strong>time to return home arrives. While <strong>the</strong> procedures under <strong>the</strong>Commission on Real Property Claims that emerged from <strong>the</strong>Dayton Peace Accords in Bosnia-Herzegovina gave fully equalrights to both formal property owners and those holdingsocial occupancy rights to <strong>the</strong>ir original homes, as did <strong>the</strong>restitution regulations <strong>of</strong> <strong>the</strong> Housing and PropertyDirectorate in Kosovo, it remains common for former ownersto be treated more favourably than tenants despite <strong>the</strong>similarity <strong>of</strong> <strong>the</strong> origins <strong>of</strong> <strong>the</strong>ir displacement. 59The issue <strong>of</strong> tenants and security <strong>of</strong> tenure is also vitalwhen examining <strong>the</strong> various policy debates under way on <strong>the</strong>Generally, <strong>the</strong>poorer a person orhousehold is, <strong>the</strong>less security <strong>of</strong>tenure <strong>the</strong>y arelikely to enjoySociety-wideeconomic progresscan actually reducetenure security for<strong>the</strong> poorer sections<strong>of</strong> societyTenants … arefrequently neglected… in … urban developmentand slumregularization initiatives,and … in …post-conflict housingand property restitutionprogrammes

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