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.

xxxEnhancing Urban Safety and SecuritySecurity <strong>of</strong> tenure is not necessarily related to specifictenure types. Tenure security is also related to a number <strong>of</strong>o<strong>the</strong>r cultural, social, political and economic factors andprocesses. A whole range <strong>of</strong> tenure types may thus <strong>of</strong>fersecurity <strong>of</strong> tenure to urban dwellers. Even residents withtitle deeds living on freehold land may be evicted by <strong>the</strong>state in legitimate (and sometimes less legitimate) cases <strong>of</strong>expropriation or compulsory acquisition for <strong>the</strong> ‘commongood’.As noted above, evictions are most prevalent in areaswith <strong>the</strong> worst housing conditions. Fur<strong>the</strong>rmore, whenevictions do occur, it is always <strong>the</strong> poor who are evicted.Fur<strong>the</strong>rmore, women, children, ethnic and o<strong>the</strong>r minorities,and o<strong>the</strong>r vulnerable and disadvantaged groups are mostnegatively affected by evictions. Invariably, evictionsincrease, ra<strong>the</strong>r than reduce, <strong>the</strong> problems <strong>the</strong>y were aimedat ‘solving’.Just as particular groups are more exposed to tenureinsecurity, particular events are also major factors affectingtenure security. Natural and human-made disasters, as wellas armed conflict and civil strife, are major factors threatening<strong>the</strong> security <strong>of</strong> tenure <strong>of</strong> a large number <strong>of</strong> people everyyear. The groups most vulnerable to tenure insecurity in <strong>the</strong>aftermath <strong>of</strong> such events are, again, <strong>the</strong> poor, women,children, ethnic and o<strong>the</strong>r minorities, and o<strong>the</strong>r vulnerableand disadvantaged groups.Lack <strong>of</strong> security <strong>of</strong> tenure is not only a problem initself. It is part <strong>of</strong> a vicious cycle since it is <strong>of</strong>ten accompaniedby poor or deteriorating dwellings and infrastructure,which, in turn, may lead to increased exposure to crime andviolence, as well as to natural and human-made disasters.Key messagesWhen evictions are being considered, it is essential that allalternatives to evictions are considered – in collaborationwith <strong>the</strong> potential evictees <strong>the</strong>mselves – before an evictiontakes place. When evictions are unavoidable (e.g. in <strong>the</strong> case<strong>of</strong> non-payment <strong>of</strong> rent), such evictions should only becarried out in accordance with <strong>the</strong> law, and such evictionsshould never result in individuals being rendered homelessor vulnerable to <strong>the</strong> violation <strong>of</strong> o<strong>the</strong>r human rights. Underno circumstance should evictions be undertaken withoutacceptable relocation sites being identified in close cooperationwith <strong>the</strong> evictees.Interventions addressing <strong>the</strong> issue <strong>of</strong> security <strong>of</strong>tenure should always ensure that <strong>the</strong> requirements <strong>of</strong> allgroups are adequately addressed. In essence, it is essentialto prevent any detrimental discrimination with respect tohousing, land and property. For example, land titles shouldbe issued equally to both men and women. Similarly, slumupgrading programmes should consult with and consider <strong>the</strong>needs <strong>of</strong> both ‘owners’, tenants and sub-tenants.When developing housing and urban policies, it isessential that governments adopt a framework based onhousing, land and property rights, as elaborated in internationallaw. Such a framework should take cognisance <strong>of</strong> <strong>the</strong>fact that <strong>the</strong>re is a whole range <strong>of</strong> tenure types which may<strong>of</strong>fer increased security <strong>of</strong> tenure to <strong>the</strong> urban poor. In somecases, perceived security <strong>of</strong> tenure may even be improvedsimply through <strong>the</strong> provision <strong>of</strong> basic services and infrastructure.Perhaps <strong>the</strong> most important component <strong>of</strong> improving<strong>the</strong> security <strong>of</strong> tenure in informal settlements and slums isthat governments at all levels should accept <strong>the</strong> residents <strong>of</strong>such settlements as equal citizens, with <strong>the</strong> same rights andresponsibilities as o<strong>the</strong>r urban dwellers.It is essential that states fulfil <strong>the</strong>ir obligations underinternational law with respect to <strong>the</strong> collection and dissemination<strong>of</strong> information regarding <strong>the</strong> scale and scope <strong>of</strong>tenure insecurity, forced evictions and homelessness.Without <strong>the</strong> timely collection <strong>of</strong> such data, it is, in effect,impossible for governments to verify whe<strong>the</strong>r <strong>the</strong>y arecontributing effectively to <strong>the</strong> progressive realization <strong>of</strong> <strong>the</strong>right to adequate housing according to <strong>the</strong>ir obligations asdefined in <strong>the</strong> ICESCR.Under international law, forced evictions are regardedas prima facie violations <strong>of</strong> human rights. Despite this, <strong>the</strong>vast majority <strong>of</strong> forced evictions carried out in <strong>the</strong> world arein breach <strong>of</strong> international law. A global moratorium on forcedevictions could be an effective first step towards addressingthis recurrent violation <strong>of</strong> human rights.Application <strong>of</strong> international criminal law to violations<strong>of</strong> housing, land and property rights is also necessary. If suchrights are to be taken seriously, <strong>the</strong>re should be strong legalgrounds on which to discourage <strong>the</strong> impunity almost invariablyenjoyed by violators <strong>of</strong> <strong>the</strong>se rights. All <strong>of</strong> those whoadvocate ethnic cleansing, those who sanction violent andillegal forced evictions, those who call for laws and policiesthat clearly result in homelessness, or those who fail to endsystematic discrimination against women in <strong>the</strong> land andhousing sphere – and all <strong>of</strong> those promoting such violations –should be held accountable.NATURAL AND HUMAN-MADE DISASTERSKey findingsBetween 1974 and 2003, 6367 natural disasters occurredglobally, causing <strong>the</strong> death <strong>of</strong> 2 million people and affecting5.1 billion people. A total <strong>of</strong> 182 million people were madehomeless, while reported economic damage amounted toUS$1.38 trillion. Since 1975, <strong>the</strong> number <strong>of</strong> natural disastersrecorded globally has increased dramatically (fourfold),especially in Africa. An even higher tenfold increase in <strong>the</strong>incidence <strong>of</strong> human-made disasters has been observedbetween 1976 and 2000. Between 2000 and 2005, averagemortality from human-made disasters was lower (30 perevent) than deaths caused by natural disasters (225 perevent). A total <strong>of</strong> 98 per cent <strong>of</strong> <strong>the</strong> 211 million peopleaffected by natural disasters annually from 1991 to 2000were in developing countries.The catastrophic impact <strong>of</strong> disasters on individuals hasbeen illustrated in recent years by <strong>the</strong> toll <strong>of</strong> death (220,000people) and homelessness (1.5 million) from <strong>the</strong> IndianOcean Tsunami <strong>of</strong> December 2004 and <strong>the</strong> Pakistan earthquake<strong>of</strong> October 2005, which killed 86,000 people and leftmillions homeless. Moreover, losses during disaster and

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

Saved successfully!

Ooh no, something went wrong!