12.07.2015 Views

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Policy responses to tenure insecurity153Box 6.22 The Advisory Group on Forced Evictions (AGFE)The Advisory Group on Forced Evictions (AGFE) was establishedin 2004 following a resolution <strong>of</strong> UN-Habitat’s Governing Council.The AGFE reports directly to <strong>the</strong> executive director <strong>of</strong> UN-Habitat, and provides advice on alternatives to forced evictions. Inits first two biannual reports, <strong>the</strong> AGFE has documented morethan two dozen cases <strong>of</strong> imminent or ongoing unlawful evictions inseveral countries and has successfully engaged in conciliatory activitiesto propose alternatives.During <strong>the</strong> first four fact-finding and conciliatory missionsundertaken by <strong>the</strong> AGFE, it was instrumental in developing alternativesto unlawful evictions:• In Rome, <strong>the</strong> authorities set a moratorium on forcedevictions.• In <strong>the</strong> Dominican Republic, a commission was established todiscuss <strong>the</strong> enactment <strong>of</strong> an eviction law.• In Curitiba, <strong>the</strong> AGFE was requested by <strong>the</strong> municipality toassess housing rights violations, advise stakeholders onpractices in line with international human rights laws andstandards, and develop an action plan to prevent fur<strong>the</strong>revictions. The AGFE organized a public hearing on unlawfulevictions that put pressure on stakeholders to find alternativesolutions. As a consequence, <strong>the</strong> local authorities began toresettle families and provide <strong>the</strong>m with alternative sites andbuilding materials.• In Ghana, <strong>the</strong> AGFE supported <strong>the</strong> government’s plan torelocate <strong>the</strong> Old Fadima slum community, which had beenthreatened with forced eviction for a long time, and to buildlow-cost housing for <strong>the</strong>m based on <strong>the</strong> beneficiaries’consent. The AGFE helped pave <strong>the</strong> way for <strong>the</strong> recentlylaunched intervention <strong>of</strong> UN-Habitat’s Slum Upgrading Facilitythat will enable 1000 poor families to get better housing.Source: UN-Habitat, 2005d, 2007towards achieving security <strong>of</strong> tenure for all have to be seenin a positive light.Closely linked to <strong>the</strong> Global Campaign for SecureTenure, <strong>the</strong> Advisory Group on Forced Evictions (AGFE) wasestablished in 2004. The objective <strong>of</strong> <strong>the</strong> AGFE is to monitorforced evictions and to identify and promote alternatives,such as in-situ upgrading and o<strong>the</strong>r alternative options.Evictions and relocations, if unavoidable, must be undertakenin a manner that conforms to international humanrights standards and <strong>the</strong> <strong>United</strong> <strong>Nations</strong> guidelines on development-baseddisplacement 51 (i.e. such relocation shouldonly be undertaken following negotiated settlements with<strong>the</strong> individuals and communities concerned, and shouldinclude provision <strong>of</strong> alternative land with long-term security<strong>of</strong> tenure). The AGFE is comprised <strong>of</strong> individuals from civilsociety organizations, local authorities, central governmentand pr<strong>of</strong>essionals in developing and developed countries. Itis supported by a network <strong>of</strong> representatives from organizationsin <strong>the</strong> fields <strong>of</strong> human settlement, law, tenure policyand human rights (see Box 6.22).Approaching <strong>the</strong> security <strong>of</strong> tenure question from aslightly different perspective, <strong>the</strong> Commission on LegalEmpowerment <strong>of</strong> <strong>the</strong> Poor was established in 2005 andseeks to promote <strong>the</strong> extension <strong>of</strong> formal legal rights andprotections to marginalized groups (see Box 6.23). Its statedaim is to ‘explore how nations can reduce poverty throughreforms that expand access to legal protection and economicopportunities for all’. 52 The commission organizes nationaland regional consultations all over <strong>the</strong> world to learn from<strong>the</strong> experiences <strong>of</strong> those who live and work in slums andsettlements, and is thus partnering with grassroots organizations,governments and institutions. One major goal that hasemerged through <strong>the</strong>se discussions is how to transform <strong>the</strong>legal system from an obstacle to an opportunity for poor ando<strong>the</strong>rwise disempowered communities.The Cities Alliance is ano<strong>the</strong>r institution that continuesto promote improved security <strong>of</strong> tenure conditionsacross <strong>the</strong> world. A global coalition <strong>of</strong> cities and <strong>the</strong>ir developmentpartners committed to scaling up successfulapproaches to poverty reduction, <strong>the</strong> alliance brings citiesThe Commission onLegal Empowerment<strong>of</strong> <strong>the</strong> Poor … seeksto promote <strong>the</strong>extension <strong>of</strong> formallegal rights andprotections tomarginalized groupsBox 6.23 The Commission on Legal Empowerment <strong>of</strong> <strong>the</strong> PoorThe Commission on Legal Empowerment <strong>of</strong> <strong>the</strong> Poor is <strong>the</strong> firstglobal initiative to focus specifically on <strong>the</strong> link between exclusion,poverty and law. The commission was launched in September 2005by a group <strong>of</strong> developing and industrialized countries, includingCanada, Denmark, Egypt, Finland, Guatemala, Iceland, India, Norway,Sweden, South Africa, Tanzania and <strong>the</strong> UK, and has a mandate tocomplete its work in 2008.The commission focuses on four <strong>the</strong>matic issues: access tojustice and <strong>the</strong> rule <strong>of</strong> law; property; labour rights; and entrepreneurship.Its working methods include:• compiling an inventory <strong>of</strong> lessons learned from those governmentsthat have sought to extend legal protection to <strong>the</strong>informal sector;• generating political support for broad reforms that will ensurelegal inclusion and empowerment;• exploring reforms that will underpin <strong>the</strong> broadening <strong>of</strong> accessto property rights;• examining which structures can best promote economicgrowth;• identifying ways to support o<strong>the</strong>r development approaches;and• producing a comprehensive set <strong>of</strong> practical and adaptabletools that will guide reforms at <strong>the</strong> country level.Source: Commission on Legal Empowerment <strong>of</strong> <strong>the</strong> Poor, 2006a, 2006b; www.undp.org/legalempowerment

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!