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.

11CHAPTERENHANCING TENURE SECURITYAND ENDING FORCED EVICTIONSThe objective is to… guarantee that allpersons,everywhere, canenjoy appropriatedegrees <strong>of</strong> securetenure throughout<strong>the</strong>ir livesA new … approachto security <strong>of</strong> tenure… must combine<strong>the</strong> laws andprinciples <strong>of</strong> humanrights and jurisprudencewith <strong>the</strong> best<strong>of</strong> <strong>the</strong> tried andtested approaches tosecure tenureEnsuring that everyone enjoys <strong>the</strong> legal and physical protectionsprovided by security <strong>of</strong> tenure will continue to be one<strong>of</strong> <strong>the</strong> major challenges facing policy- and law-makers in <strong>the</strong>coming years. Chapter 5 reviewed some <strong>of</strong> <strong>the</strong> currenttrends on secure tenure, while Chapter 6 explored a crosssection<strong>of</strong> some <strong>of</strong> <strong>the</strong> key policy responses that have beenemployed to address <strong>the</strong> problem <strong>of</strong> tenure insecuritythroughout <strong>the</strong> world today. This chapter expands on <strong>the</strong>findings in Chapter 6 and <strong>of</strong>fers a series <strong>of</strong> proposalsdesigned to streng<strong>the</strong>n <strong>the</strong> prospects <strong>of</strong> security <strong>of</strong> tenure byfocusing on <strong>the</strong> human rights dimensions <strong>of</strong> a status that isincreasingly seen as an enforceable human right.A range <strong>of</strong> efforts are under way dedicated to tackling<strong>the</strong> global security <strong>of</strong> tenure crisis. From <strong>the</strong> GlobalCampaign on Secure Tenure to <strong>the</strong> work <strong>of</strong> Cities Allianceand o<strong>the</strong>rs, and <strong>the</strong> countless efforts <strong>of</strong> non-governmentalorganizations (NGOs) and community-based organizations(CBOs), numerous organizations are now actively seeking toexpand tenure protection around <strong>the</strong> globe. And yet, given<strong>the</strong> massive scale <strong>of</strong> <strong>the</strong> problem, to date <strong>the</strong>se efforts haveeffectively only begun to scratch <strong>the</strong> surface. Much workthus remains to be done if <strong>the</strong> goal <strong>of</strong> security <strong>of</strong> tenure forall is to be achieved. Moreover, <strong>the</strong>re is a need to worktowards <strong>the</strong> integration <strong>of</strong> <strong>the</strong> many diverse and <strong>of</strong>tencompeting approaches to providing tenure security (seeChapters 5 and 6). The objective is to address <strong>the</strong> issue <strong>of</strong>security <strong>of</strong> tenure in <strong>the</strong> most effective, just and rightsconsistentmanner in order to guarantee that all persons,everywhere, can enjoy appropriate degrees <strong>of</strong> secure tenurethroughout <strong>the</strong>ir lives.In many respects, <strong>the</strong> eventual outcome <strong>of</strong> <strong>the</strong>sediscussions will be highly determinative <strong>of</strong> <strong>the</strong> shape <strong>of</strong> citiesin <strong>the</strong> future. Whichever approach ends up influencingpolicy-makers from <strong>the</strong> international to <strong>the</strong> national and locallevels will have considerable ramifications not only for <strong>the</strong>current generation <strong>of</strong> hundreds <strong>of</strong> millions <strong>of</strong> people livingunder <strong>the</strong> constant threat <strong>of</strong> forced eviction and o<strong>the</strong>rthreats because <strong>of</strong> <strong>the</strong>ir insecurity <strong>of</strong> tenure, but also forfuture generations, as well. 1 As shown above, <strong>the</strong>re isconsiderable evidence, for instance, that freehold title-basedapproaches to <strong>the</strong> conferral <strong>of</strong> security <strong>of</strong> tenure, whilepossessing many positive features, may, in fact, result ingreater numbers <strong>of</strong> people being forced into situations <strong>of</strong>tenure insecurity, both now and certainly in <strong>the</strong> future.Conversely, continuing to embrace <strong>the</strong> status quo will alsosurely lead to increased levels <strong>of</strong> insecure tenure. Whilevarious approaches presented in <strong>the</strong> past have been criticizedas overly simplistic and potentially harmful to <strong>the</strong>rights <strong>of</strong> <strong>the</strong> poor, it seems timely to consider whe<strong>the</strong>r moreflexible and innovative approaches to secure tenure or someo<strong>the</strong>r path might stand <strong>the</strong> best chance <strong>of</strong> achieving <strong>the</strong>most desired outcome.This chapter provides an overview <strong>of</strong> <strong>the</strong> mainelements <strong>of</strong> a human-rights based approach, focusing on acomprehensive understanding <strong>of</strong> <strong>the</strong> interrelationshipsbetween housing, land and property rights. It calls forenhanced efforts to support and develop innovativeapproaches to tenure, taking into account <strong>the</strong> wide range <strong>of</strong>experiences from all over <strong>the</strong> world, and it calls for enhancedefforts to combat homelessness. This is followed by a discussion<strong>of</strong> <strong>the</strong> roles and potential contributions <strong>of</strong> localauthorities and an overview <strong>of</strong> how <strong>the</strong> obligations <strong>of</strong> nonstateactors can be streng<strong>the</strong>ned and clarified. The last part<strong>of</strong> <strong>the</strong> chapter provides a set <strong>of</strong> recommendations for futureaction to end forced evictions and enhance security <strong>of</strong>tenure.A HUMAN RIGHTS–HUMANSECURITY APPROACH TOSECURITY OF TENUREWhat is needed in <strong>the</strong> coming years, <strong>the</strong>refore, is a new,more nuanced approach to security <strong>of</strong> tenure. Such a newapproach must combine <strong>the</strong> laws and principles <strong>of</strong> humanrights and jurisprudence with <strong>the</strong> best <strong>of</strong> <strong>the</strong> tried andtested approaches to secure tenure (i.e. those that haveactually yielded <strong>the</strong> most concrete results in practice):formal and informal, legal and illegal, and modern andcustomary. Thus, it must incorporate <strong>the</strong> positive attributes<strong>of</strong> each view <strong>of</strong> tenure within a consolidated package – anew and more refined set <strong>of</strong> measures that can be employedto steadily increase <strong>the</strong> degree to which security <strong>of</strong> tenure isenjoyed by everyone. The eventual emergence <strong>of</strong> such anintegral approach to <strong>the</strong> question <strong>of</strong> tenure should be given

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

Saved successfully!

Ooh no, something went wrong!