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134Security <strong>of</strong> tenureBox 5.18 Security <strong>of</strong> tenure-related challenges inoccupied IraqShortly after <strong>the</strong> US-led occupation <strong>of</strong> Iraq in 2003, a number <strong>of</strong> challenges related to security<strong>of</strong> tenure were identified, including:• housing, land and property disputes;• illegal and arbitrary forced evictions and displacement without any effective remedies;• homelessness and inadequate housing and living conditions;• housing, land and property registration and titling systems;• unauthorized or irregular occupation <strong>of</strong> abandoned private and public land, housing andproperty;• inequality facing women in <strong>the</strong> exercise <strong>of</strong> housing, land and property rights;• housing and property damage;• pending housing privatization; and• lack <strong>of</strong> a clear institutional framework and response.Source: Leckie, 2003aSecurity <strong>of</strong> tenurerights areincreasingly seen asa key area <strong>of</strong>concern in postconflictsettingsSecurity <strong>of</strong> tenure isa key element for<strong>the</strong> integration <strong>of</strong><strong>the</strong> urban poorwithin <strong>the</strong> cityConflict, peace-building and security <strong>of</strong>tenureSecurity <strong>of</strong> tenure and related housing, land and propertyrights issues also arise in <strong>the</strong> contexts <strong>of</strong> conflict and postconflictpeace-building. Security <strong>of</strong> tenure rights areincreasingly seen as a key area <strong>of</strong> concern in post-conflictsettings. In Iraq, for example, a range <strong>of</strong> such challenges wasidentified in <strong>the</strong> immediate aftermath <strong>of</strong> <strong>the</strong> US-led occupation<strong>of</strong> <strong>the</strong> country (see Box 5.18). The situation with respectto most, if not all, <strong>of</strong> <strong>the</strong>se challenges has worsened since2003. By December 2006, <strong>the</strong> already disastrous situation inIraq had become far worse, resulting in a housing crisisleading to a massive growth in slums and squatter settlements,with nearly 4 million people facing displacement. 66While <strong>the</strong> housing and tenure insecurity issues facing<strong>the</strong> people <strong>of</strong> Iraq are particularly severe, <strong>the</strong>se types <strong>of</strong>issues occur in most countries engaged in, or emerging from,conflict. Consequently, addressing housing, land andproperty rights challenges in <strong>the</strong> aftermath <strong>of</strong> conflict is <strong>of</strong>vital importance for reconstruction and peace-buildingefforts. 67 This includes:• attempting to reverse <strong>the</strong> application <strong>of</strong> land abandonmentlaws and o<strong>the</strong>r arbitrary applications <strong>of</strong> law;• dealing fairly with secondary occupants <strong>of</strong> refugee orIDP land or housing;• developing consistent land, housing and property rightspolicies and legislation;• redressing premature land privatization carried outduring conflict;• reversing land sales contracts made under duress;• protecting women’s rights to inherit land; and• ensuring that owners, tenants and informal occupiers <strong>of</strong>land are treated equitably. 68The <strong>United</strong> <strong>Nations</strong> and o<strong>the</strong>r actors have a vital role to playin ensuring that <strong>the</strong>se issues are adequately and comprehensivelyaddressed since security <strong>of</strong> tenure rights challengesare common to all post-conflict countries and territories, asnoted by <strong>the</strong> <strong>United</strong> <strong>Nations</strong> Food and AgricultureOrganization (FAO):Providing secure access to land is an importantpart <strong>of</strong> dealing with emergency humanitarianneeds, as well as longer-term social andeconomic stability. Secure access to land helpsvictims <strong>of</strong> conflicts to have a place to live, togrow food and to earn income. Security <strong>of</strong>tenure, without fear <strong>of</strong> eviction, allows peopleto rebuild economic and social relationships.More broadly, it allows local regions and <strong>the</strong>country to establish <strong>the</strong>ir economies. Itsupports reconciliation and prospects for longtermpeace. 69International peace initiatives, both large and small, increasinglyview <strong>the</strong>se concerns as essential components <strong>of</strong> <strong>the</strong>peace-building process and as an indispensable prerequisitefor <strong>the</strong> rule <strong>of</strong> law. Yet, much remains to be done in <strong>the</strong> area<strong>of</strong> developing a comprehensive <strong>United</strong> <strong>Nations</strong> policy on<strong>the</strong>se concerns. 70 As a result, citizens in some countries orterritories have seen <strong>the</strong>ir tenure rights taken very seriouslyby peace operations, while in o<strong>the</strong>r countries or territories,citizens facing precisely <strong>the</strong> same tenure predicaments thatface victims <strong>of</strong> conflict everywhere have seen <strong>the</strong>ir security<strong>of</strong> tenure rights effectively overlooked.THE GROWINGACCEPTANCE OF THE‘INFORMAL CITY’Perhaps <strong>the</strong> key trend at both <strong>the</strong> international and nationallevels is <strong>the</strong> growing recognition that informal settlementsand <strong>the</strong> informal or so-called ‘illegal’ city hold <strong>the</strong> key t<strong>of</strong>inding ways <strong>of</strong> conferring security <strong>of</strong> tenure on all <strong>of</strong> <strong>the</strong>world’s dwellers. While, to a certain degree, due to default –given <strong>the</strong> massive scale and lack <strong>of</strong> o<strong>the</strong>r options to address<strong>the</strong>se massive political challenges – <strong>the</strong> internationalcommunity has clearly recognized that informal settlementsare here to stay, that <strong>the</strong>y are important sources <strong>of</strong> employmentand economic growth, and, in fact, that <strong>the</strong>y are likelyto grow in coming years. While <strong>the</strong> squatter invasions <strong>of</strong>unused public land so commonplace during <strong>the</strong> 1960s and1970s have largely ceased, <strong>the</strong> existence <strong>of</strong> informal settlementsis a social phenomenon few are willing to deny.Linked to this, <strong>the</strong>re has been a growing recognition <strong>of</strong> a‘right to <strong>the</strong> city’ as one antidote to <strong>the</strong> neglect showntowards <strong>the</strong> informal city by policy-makers <strong>the</strong> world over.There is also growing agreement, on all points <strong>of</strong> <strong>the</strong>political spectrum, that secure tenure is a multifunctionalinstrument in everything, from poverty alleviation, through<strong>the</strong> protection <strong>of</strong> human rights, to <strong>the</strong> generation <strong>of</strong> assetsand capital. An emerging consensus that security <strong>of</strong> tenure isa key element for <strong>the</strong> integration <strong>of</strong> <strong>the</strong> urban poor within<strong>the</strong> city can also be discerned, as can <strong>the</strong> realization that –given that security <strong>of</strong> tenure is multidimensional in nature,<strong>of</strong>ten varying widely between countries and within

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