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Download the file - United Nations Rule of Law

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318Summary <strong>of</strong> case studiesdevelopment and who pays. Was <strong>the</strong> city authority evicting<strong>the</strong>se people simply for tourism? Should it be <strong>the</strong>community alone who pays <strong>the</strong> cost <strong>of</strong> tourism?• Parks: an understanding <strong>of</strong> <strong>the</strong> use <strong>of</strong> urban parks andhow <strong>the</strong>y work. Can parks be designed with housing?There was ample precedent for this.• Environment: <strong>the</strong> ways in which <strong>the</strong> basic conflictbetween green and brown issues is resolved (i.e. parksor housing). Must this kind <strong>of</strong> choice be made?• Rights: an understanding <strong>of</strong> human rights and <strong>the</strong> ‘rightto <strong>the</strong> city’ – <strong>the</strong> right to space, to land and access toservices.• Conflict resolution: <strong>the</strong> manner in which conflict can beavoided in <strong>the</strong> development process.• Gentrification: does <strong>the</strong> community have <strong>the</strong> right to bepart <strong>of</strong> overall economic development in <strong>the</strong> city, and ifso, how?In developing <strong>the</strong>se arguments, <strong>the</strong> community was able tocreate alliances with o<strong>the</strong>r communities and o<strong>the</strong>r interestgroups. This proved to be essential to <strong>the</strong>ir ultimate success.Along with alliances with o<strong>the</strong>r communities facing eviction,<strong>the</strong> Pom Mahakan residents were able to add academics in anumber <strong>of</strong> disciplines. Along with <strong>the</strong> architecture students,law, political science, anthropology, landscape architecture,and planning faculty and students were involved, not onlylocally but nationally and internationally. In addition to <strong>the</strong>academics, <strong>the</strong> National Human Rights Commissionsupported <strong>the</strong> community’s claim to <strong>the</strong> extent that itpushed <strong>the</strong> city authority into acceding to <strong>the</strong> commission’sdemand that it postpone <strong>the</strong> eviction process. Fur<strong>the</strong>rmore,<strong>the</strong> Centre on Housing Rights and Evictions (COHRE), aninternational NGO, helped <strong>the</strong> community engage <strong>the</strong><strong>United</strong> <strong>Nations</strong> High Commission for Human Rights.All <strong>of</strong> <strong>the</strong>se arguments – historical, economic andcultural – along with <strong>the</strong> fact that <strong>the</strong>y had an alternative to<strong>the</strong> <strong>of</strong>ficial plan, led <strong>the</strong> city <strong>of</strong>ficials, under a new governorelected in 2004, to rethink <strong>the</strong>ir plan. Finally, a contract wassigned in early 2006 between <strong>the</strong> city and <strong>the</strong> community tohave <strong>the</strong> architecture faculty <strong>of</strong> a local university complete areport that would allow for <strong>the</strong> community’s design to berealized. That report was completed in September 2006, and<strong>the</strong> renovations <strong>of</strong> <strong>the</strong> park and <strong>the</strong> Pom Mahakan communitywere expected to begin in 2007.Security <strong>of</strong> tenure in Istanbul: The triumph<strong>of</strong> <strong>the</strong> ‘self-service city’Turkey is perhaps <strong>the</strong> only developing country in <strong>the</strong> worldto have successfully accommodated massive rural-to-urbanmigration through <strong>the</strong> creation <strong>of</strong> stable and well-servicedneighbourhoods. The country has done this with no majorplanning interventions, minimal investment in traditionalgovernment-built social housing and, in fact, almost nogovernment action. What is more, <strong>the</strong>se high-quality urbanneighbourhoods have grown even though Turkey has acomplex system <strong>of</strong> land tenure. With many basic conceptsderiving from <strong>the</strong> Ottoman era, outsiders <strong>of</strong>ten find Turkey’sland laws mystifying (see Box III.1).The key to Turkey’s success in housing its new urbanarrivals is <strong>the</strong> fact that some <strong>of</strong> <strong>the</strong>se vestigial laws givemigrants <strong>the</strong> ability to build on unused or undesirable landon <strong>the</strong> urban periphery. Squatters in Turkey <strong>of</strong>ten build onland that has no single private owner and is held, instead, inei<strong>the</strong>r an undifferentiated shared title or by various governmentagencies. The squatter communities are able to surviveand thrive because inhabitants have been particularly savvyin using two obscure local laws that help <strong>the</strong>m to prevent<strong>the</strong>ir homes from being demolished. The first – Turkey’s socalled‘gecekondu law’ – guarantees that people who buildovernight without being caught cannot be evicted withoutdue process <strong>of</strong> <strong>the</strong> law. In o<strong>the</strong>r words, <strong>the</strong>y cannot beevicted without a court fight. To make use <strong>of</strong> this law, manysquatters engage in a cat-and-mouse game with local authorities,building and having <strong>the</strong>ir homes demolished severaltimes before succeeding in surviving <strong>the</strong> night and <strong>the</strong>reforegaining <strong>the</strong> right to a court hearing. Over <strong>the</strong> years, <strong>the</strong>Turkish government has issued periodic amnesties, essentiallymaking many <strong>of</strong> <strong>the</strong> original ‘built-overnight’communities quasi-legal (see Box 6.5).The second law gives communities <strong>of</strong> more than 2000people <strong>the</strong> right to petition <strong>the</strong> federal government in orderto be recognized as legal municipal entities. Communitiescan register as a belediye (municipality) or an ilçe (district).The technical requirements are different, but <strong>the</strong> result is<strong>the</strong> same: access to politics. When squatter communitiesbecome a belediye or an ilçe, <strong>the</strong>y gain <strong>the</strong> right to organizeelections and create a local government. In a giant city suchas Istanbul, every resident – in legal as well as ‘illegal’ neighbourhoods– is actually a citizen represented by two electedgovernments: <strong>the</strong> Büyük Șehir, or ‘big city,’ and <strong>the</strong> belediye.Every resident has two mayors: one from <strong>the</strong> big city and onefrom <strong>the</strong> small. The local government, in turn, can exertcontrol over many aspects <strong>of</strong> land use, can pass and implementlocal plans, and can even collect revenues to fundgovernment services. And if <strong>the</strong> local politicians are particularlysavvy, <strong>the</strong>y can negotiate with <strong>the</strong> bigger cities in which<strong>the</strong>y are located to expand infrastructure and city services.This ‘access to politics’ has allowed squatters to create selfgoverningcities that are <strong>of</strong>ten more desirable places inwhich to live than <strong>the</strong> ‘housing projects’ built by <strong>the</strong> governmentfor low-income groups.Sultanbeyli, far out on <strong>the</strong> Asian side <strong>of</strong> <strong>the</strong> city, is agood example. A mere cluster <strong>of</strong> a few dozen houses threedecades ago, Sultanbeyli today is a full-fledged squatter city<strong>of</strong> 300,000 residents led by a popularly elected mayor whoheads a city government that provides many essential publicservices. Sultanbeyli became a belediye in 1989 and an ilçein 1992, and using those powers, <strong>the</strong> district has successfullynegotiated with one <strong>of</strong> <strong>the</strong> big city government’sagencies to fund a US$90 million project to run water andsewer pipes to every home.This squatter area has declared that it will seek torecreate itself as a legal community through selling privatetitles to its residents. But some squatters fear that establishingprivate property in land will increase costs and,ultimately, destabilize <strong>the</strong>ir communities (see Box III.1).Without squatting, many <strong>of</strong> <strong>the</strong> inhabitants in such commu-

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