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154Security of tenureBox 6.24 Land-sector harmonization, alignment and coordination for poverty reduction in KenyaSource: UN-Habitat, www.unhabitat.org/content.asp?typeid=24&catid=283&id=1603The Development Partners Group on Land in Kenya bringstogether the government, bilateral donors, and a range of UnitedNations and civil society organizations for the purpose of developinga common approach to some of the most challengingland-related issues in Kenya. The main reason for the establishmentof the group was the realization that there was an urgent need forharmonization among the various programmes undertaken in theland sector in Kenya in order to avoid overlapping or divergentapproaches among development partners. The group was officiallyformed in July 2003 and channelled support to the National LandPolicy Formulation Process through a basket fund arrangement.In line with this new agenda on aid effectiveness, theDevelopment Partners Group on Land aims to deliver and manageaid to the land sector in Kenya and to meet the principles ofharmonization, alignment and coordination. In its activities andcooperation with other stakeholders, the group strives to achieveconsensus and support around the policy direction of the governmentinstead of pursuing diverging agendas. The emphasis of thegroup is on three areas:• strengthening government capacity to develop and implementland-related policies and programmes;• aligning donor support with government priorities as set outin its poverty reduction strategy; and• avoiding duplication and overlap in aid initiatives.The support of the group is now expanding to cover the mainactivities run by the Ministry of Land, such as the land policyprocess, the development of a pro-poor land information managementsystem, the implementation of the recommendations of theNdungu Commission on illegal allocation of public land, and thedevelopment of forced eviction guidelines in Kenya. Since its establishment,the donor group has supported the government withinvestments worth US$10 million in the land sector.South Africa has fewparallels when itcomes to prohibitingand regulating thepractice of evictionstogether in a direct dialogue with bilateral and multilateralagencies and financial institutions, promotes the developmentalrole of local governments and helps cities of all sizesto obtain more coherent international support. By promotingthe positive impacts of urbanization, the alliance helps localauthorities to plan and prepare for future growth, assistscities in developing sustainable financing strategies, andattracts long-term capital investments for infrastructure andother services. Cities Alliance supports cities to prepare citydevelopment strategies, which are action plans for equitablegrowth in cities and their surrounding regions, developedand sustained through participation, to improve the qualityof life for all citizens.Another initiative that deserves some attention is thework of the Development Partners Group on Land in Kenya.The group focuses on promoting secure tenure for disadvantagedgroups and the development of sustainable landinformation management systems. It also supports productiveinvestments in urban and rural areas. The grouprepresents an innovative approach to land-sector coordinationin line with international declarations calling for greaterharmonization, alignment and coherence in the field ofinternational technical cooperation (see Box 6.24).Box 6.25 Key legislation on security of tenure adopted inSouth Africa since 1996• Restitution of Land Rights Act (No 22 of 1994)• Land Reform (Labour Tenants) Act (No 3 of 1996)• Communal Property Associations Act (No 28 of 1996)• Interim Protection of Informal Land Rights Act (No 31 of 1996)• Extension of Security of Tenure Act (No 62 of 1997)• Housing Act (No 107 of 1997)• Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (No 19 of 1998)• Communal Land Rights Act (No 11 of 2004)SECURITY OF TENURE ANDHUMAN RIGHTS: EXAMPLESFROM SOUTH AFRICA,BRAZIL AND INDIAAll countries have policies and laws in place that affect thedegree to which the population concerned has access tolegal security of tenure. In some countries, the explicithuman rights dimensions of security of tenure have becomepart and parcel of the prevailing laws, practices and values.Recent developments in three developing countries thatstand out in this respect – South Africa, Brazil and India –are discussed below.South AfricaIn terms of legal frameworks recognizing the importance ofsecurity of tenure, South Africa has few parallels when itcomes to prohibiting and regulating the practice of evictions.South Africa’s first democratic election took place in 1994.The newly elected government, under an interim constitution,set up the Land Claims Court with a Land Commissionto replace an Advisory Commission. This meant that blackSouth Africans who had been forcibly removed and beendispossessed of their land during the apartheid era couldinstitute a claim for the return of their land orcompensation. 53The new 1996 South African Constitution containsseveral important provisions relating to tenure that becamecontested litigation areas during the last ten years. 54 Theseinclude:• section 25, which provides for protection of propertyrights, protection against arbitrary deprivation ofproperty, compensation for expropriation of property