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266Towards safer and more secure citiesBox 11.4 Defining human securityThe former <strong>United</strong> <strong>Nations</strong> Secretary-General K<strong>of</strong>i Annan has said:Human security in its broadest sense embraces far more than <strong>the</strong> absence <strong>of</strong> violentconflict. It encompasses human rights, good governance, access to education andhealth care and ensuring that each individual has opportunities and choices to fulfilhis or her own potential. Every step in this direction is also a step towards reducingpoverty, achieving economic growth and preventing conflict. Freedom from want,freedom from fear and freedom <strong>of</strong> future generations to inherit a healthy naturalenvironment – <strong>the</strong>se are <strong>the</strong> interrelated building blocks <strong>of</strong> human and, <strong>the</strong>refore,national security.Source: Commission on Human Security, 2003A focus on propertyrights alone mayserve … to justify agrossly unfair andunequal status quoThe question thusbecomes whe<strong>the</strong>r<strong>the</strong> concept <strong>of</strong>‘property rights’ isadequateThe term ‘housing,land and propertyrights’ ensures thatall residentialsectors are includedin legal analyses andin <strong>the</strong> development<strong>of</strong> plans, policiesand institutionsSecurity <strong>of</strong> tenure goes beyond propertyrightsExamining security <strong>of</strong> tenure within <strong>the</strong> context <strong>of</strong> <strong>the</strong>above-mentioned recognized human rights also meshes wellwith treating security <strong>of</strong> tenure as a core element within <strong>the</strong>concept <strong>of</strong> human security. This implies taking a more allencompassingvision <strong>of</strong> human rights as <strong>the</strong>y relate to <strong>the</strong>tenure issue (see Box 11.4). Nobel Peace Prize winner JodyWilliams makes <strong>the</strong> link between human rights, humansecurity and property rights in a 2006 article, where shequestions <strong>the</strong> efficacy <strong>of</strong> a property rights (title-based)approach to solving <strong>the</strong> security <strong>of</strong> tenure crisis:But it remains to be seen how extracting oneright – <strong>the</strong> right to property – can possibly be …a long-term solution to meeting <strong>the</strong> complexneeds <strong>of</strong> <strong>the</strong> poor. Meeting those needs for <strong>the</strong>long term would require addressing <strong>the</strong> political,social, cultural and economic factors (onboth <strong>the</strong> national and international levels) thatcreated <strong>the</strong> gross inequalities in <strong>the</strong> first placeand exacerbates <strong>the</strong>m in a globalized world,thus depriving <strong>the</strong> poor <strong>of</strong> human dignity and<strong>the</strong> full realization <strong>of</strong> <strong>the</strong>ir human rights. 21This is an important point, for in <strong>the</strong> realm <strong>of</strong> housing andland policy (as also discussed in Chapters 5 and 6), propertyrights approaches have <strong>of</strong>ten proven inadequate in fullyachieving <strong>the</strong> objective <strong>of</strong> universal access to a place to livein peace and dignity. Indeed, on <strong>the</strong>ir own, property rightsare <strong>of</strong>ten seen to undermine <strong>the</strong> pursuit <strong>of</strong> this goal. In somesituations, a focus on property rights alone may serve (as aconcept, as well as in law, policy and practice) to justify agrossly unfair and unequal status quo. In o<strong>the</strong>r instances,what are referred to as property rights are confused withhousing and land rights, effectively usurping <strong>the</strong>m in aneffort to give an impression that all residentially relatedhuman rights requirements can be met via property rights.As such, <strong>the</strong> question thus becomes whe<strong>the</strong>r <strong>the</strong>concept <strong>of</strong> ‘property rights’ is adequate for addressing <strong>the</strong>multifaceted questions relating to both land and housing,and <strong>the</strong> inadequate living conditions facing such a largeportion <strong>of</strong> humanity. Can property rights in and <strong>of</strong><strong>the</strong>mselves address <strong>the</strong> increasingly inequitable distribution<strong>of</strong> land in developing countries? Can programmes solelysupporting property rights lead to increasingly higher levels<strong>of</strong> enjoyment <strong>of</strong> all rights related to <strong>the</strong> conditions in whichone lives? Most controversially, perhaps, does a purelyproperty rights approach help those without rights toactually achieve <strong>the</strong>m?In certain instances, <strong>the</strong> recognition <strong>of</strong> property rightshas proven to be an important element or step in developinga legal system based upon <strong>the</strong> rule <strong>of</strong> law. The effectiveenforcement <strong>of</strong> property rights requires clear and transparentrules, as well as a functioning and independent judiciary– elements that are considered fundamental for <strong>the</strong> promotionand protection <strong>of</strong> human rights and <strong>the</strong> rule <strong>of</strong> law. Butwhile property rights could play a role in triggering <strong>the</strong>emergence <strong>of</strong> a human rights friendly environment, one canquestion, in <strong>the</strong> longer term, <strong>the</strong> impact <strong>of</strong> a system relyingprimarily on property rights for <strong>the</strong> full realization <strong>of</strong> allhuman rights. In practical terms, within <strong>the</strong> real world, doproperty rights actually protect only those who alreadypossess property? And what is <strong>the</strong>ir significance for thosehundreds <strong>of</strong> millions <strong>of</strong> people who do not possess <strong>the</strong>serights within <strong>the</strong> formal legal system?Housing, land and property (HLP) rightsAs one means <strong>of</strong> addressing <strong>the</strong>se questions and, in effect, <strong>of</strong>overcoming <strong>the</strong> limitations <strong>of</strong> <strong>the</strong> concept <strong>of</strong> ‘propertyrights’, <strong>the</strong> more inclusive terminology <strong>of</strong> housing, land andproperty (HLP) rights has been suggested as a far better (and,again, integral) term with which to describe <strong>the</strong> residentialdimensions <strong>of</strong> <strong>the</strong> property question, set within a humanrights framework. 22 Treating what are traditionally referredto as ‘property rights’ as <strong>the</strong> more all-encompassing ‘HLPrights’ promotes a unified and evolutionary approach tohuman rights and all <strong>of</strong> <strong>the</strong>ir associated residential dimensions.Moreover, such an approach – grounded deeply in <strong>the</strong>indivisibility and interdependence <strong>of</strong> all rights – allows all <strong>of</strong><strong>the</strong> rights just noted to be viewed as a consolidated whole inbroad support <strong>of</strong> security <strong>of</strong> tenure initiatives. The term‘housing, land and property rights’ ensures that all residentialsectors are included in legal analyses and in <strong>the</strong>development <strong>of</strong> plans, policies and institutions addressing<strong>the</strong> legal and physical conditions in which people in allsocieties live. Working with HLP rights also ensures that <strong>the</strong>terminology used in one country to describe <strong>the</strong> rightspossessed by everyone (e.g. ‘housing rights’) is treated as <strong>the</strong>human rights equivalent <strong>of</strong> terms such as ‘property rights’ or‘land rights’, and vice-versa. Using only <strong>the</strong> term ‘propertyrights’ can very easily result in <strong>the</strong> exclusion <strong>of</strong> certainsectors (tenants, co-operative dwellers, informal-sectordwellers without secure tenure, women, vulnerable groups,nomads, indigenous peoples and o<strong>the</strong>rs), inequitable treatmentand, far too <strong>of</strong>ten, outright discrimination. In contrast,<strong>the</strong> term ‘HLP rights’ is universally relevant within all legaland political systems, and resonates in both developed anddeveloping countries.While HLP rights are each unique and complex legaland human rights concepts, <strong>the</strong>y are, at <strong>the</strong> same time,

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