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Download the file - United Nations Rule of Law

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8Understanding Urban Safety and SecurityThe human securityapproach buildsupon earlierdiscussions by <strong>the</strong><strong>United</strong> <strong>Nations</strong> <strong>of</strong>basic needs, asdiscussed in <strong>the</strong>CopenhagenDeclaration• It recognizes that people-centred solutions must beidentified and supported to address <strong>the</strong> range <strong>of</strong>menaces and risks that <strong>the</strong>y encounter.• Human security, <strong>the</strong>refore, goes beyond <strong>the</strong> security <strong>of</strong>borders to <strong>the</strong> lives <strong>of</strong> people and communities insideand across those borders. 4With <strong>the</strong>se concerns in mind, <strong>the</strong> commission adopted <strong>the</strong>following somewhat more formal definition <strong>of</strong> humansecurity:… to protect <strong>the</strong> vital core <strong>of</strong> all human lives inways that enhance human freedoms and humanfulfilment. Human security means protectingfundamental freedoms – freedoms that are <strong>the</strong>essence <strong>of</strong> life. It means protecting people fromcritical (severe) and pervasive (widespread)threats and situations. It means using processesthat build on people’s strengths and aspirations.It means creating political, social, environmental,economic, military, and cultural systemsthat toge<strong>the</strong>r give people <strong>the</strong> building blocks <strong>of</strong>survival, livelihood and dignity. 5This definition combines descriptive, analytic and normativedimensions in asserting what is ‘<strong>the</strong> vital core’, what are‘fundamental freedoms’ and what is ‘<strong>the</strong> essence <strong>of</strong> life’. As abroad and fundamental statement, <strong>the</strong> concept <strong>of</strong> humansecurity provides a strong foundation for <strong>the</strong> conceptualbasis <strong>of</strong> this report.The human security approach builds upon earlierdiscussions by <strong>the</strong> <strong>United</strong> <strong>Nations</strong> <strong>of</strong> basic needs, asdiscussed in <strong>the</strong> Copenhagen Declaration, adopted at <strong>the</strong>2005 World Summit on Social Development, which notedthat:… efforts should include <strong>the</strong> elimination <strong>of</strong>hunger and malnutrition; <strong>the</strong> provision <strong>of</strong> foodsecurity, education, employment and livelihood,primary health-care services, including reproductivehealth care, safe drinking water andsanitation, and adequate shelter; and participationin social and cultural life (Commitment2.b).Ano<strong>the</strong>r international legal framework is <strong>the</strong> InternationalCovenant on Economic, Social and Cultural Rights (ICESCR),which states <strong>the</strong> need to:… recognize <strong>the</strong> right <strong>of</strong> everyone to anadequate standard <strong>of</strong> living for himself and hisfamily, including adequate food, clothing andhousing, and to <strong>the</strong> continuous improvement <strong>of</strong>living conditions (Article 11.2).In <strong>the</strong> last part <strong>of</strong> ICESCR, Article 11.2 deals with <strong>the</strong>progressive realization <strong>of</strong> <strong>the</strong>se rights, and states thatgovernments are legally obliged, under international law, totake steps to improve living conditions.Building on <strong>the</strong>se prior statements (and when appliedto <strong>the</strong> world <strong>of</strong> action and when focused on <strong>the</strong> security <strong>of</strong>persons and not states), <strong>the</strong> human security approach specificallyaddresses three issues:• protection <strong>of</strong> individual security through adherence todeclared and legitimate rights, such as those on security<strong>of</strong> tenure introduced in this chapter and examined ingreater detail in Chapter 5;• freedom <strong>of</strong> individuals to invoke specific rights in <strong>the</strong>irpursuit <strong>of</strong> <strong>the</strong> components <strong>of</strong> human security, as elaboratedabove, such as secure tenure or freedom fromarbitrary arrest or detention, as elaborated upon in <strong>the</strong>International Bill <strong>of</strong> Human Rights;• freedom <strong>of</strong> individuals to organize in groups to obtainsatisfaction with regard to those components <strong>of</strong> humansecurity.While <strong>the</strong> first <strong>of</strong> <strong>the</strong>se – protection <strong>of</strong> individual humansecurity based on international human rights laws – representsa major improvement in <strong>the</strong> juridical and legalenvironment at <strong>the</strong> international level, <strong>the</strong>re remain manydifficulties <strong>of</strong> interpretation and jurisdiction at national andurban levels in using <strong>the</strong>se internationally recognized rightsas sufficient protection for individual claims. For example,<strong>the</strong> great majority <strong>of</strong> laws governing <strong>the</strong> administration <strong>of</strong>justice in cases <strong>of</strong> daily crime and violence at <strong>the</strong> nationaland urban levels depend, first, upon <strong>the</strong> establishment <strong>of</strong>law by states or local authorities, as in <strong>the</strong> cases <strong>of</strong> localpolicing or penalties for breaking <strong>the</strong> law, and <strong>the</strong>n upon<strong>the</strong>ir enforcement, which frequently relies upon <strong>the</strong> jurisdictionin which <strong>the</strong>y are being applied.The second feature <strong>of</strong> this framework – that individualsactually have <strong>the</strong> freedom and capabilities to invoke <strong>the</strong>irrights – depends upon many things, including <strong>the</strong> politicaland institutional environments in which <strong>the</strong>y live, but also<strong>the</strong>ir wider economic and social contexts. This perspective isderived from <strong>the</strong> framework developed by Amartya Sen, whoemphasizes <strong>the</strong> importance <strong>of</strong> ensuring <strong>the</strong> capabilities andfreedoms <strong>of</strong> people to obtain what <strong>the</strong>y need and to satisfy<strong>the</strong>ir material requirements. 6The third dimension <strong>of</strong> <strong>the</strong> framework – that individualscan organize collectively to obtain <strong>the</strong>ir rights and<strong>the</strong>reby reduce <strong>the</strong> insecurities that <strong>the</strong>y face – is wellexemplified by <strong>the</strong> 2001 Fukuoka Declaration, whichfocuses on securing land tenure. 7 The Fukuoka Declaration –adopted by human settlements experts at an internationalseminar on ‘Securing Land for <strong>the</strong> Urban Poor’ – placessecure tenure within <strong>the</strong> broader framework <strong>of</strong> alleviatingpoverty and assisting people in <strong>the</strong> informal sector. Itpresents a full list <strong>of</strong> actions that should be taken by governmentsto ensure that security <strong>of</strong> tenure is more available togrowing urban populations. The declaration, examined inChapter 11 <strong>of</strong> this Global Report, is noteworthy because italso seems to assert that security <strong>of</strong> tenure is both an individualright and a public good worthy <strong>of</strong> collective public action.It <strong>the</strong>refore explicitly calls on governments to undertakespecific actions to protect both individual rights and <strong>the</strong>wider public interest while achieving <strong>the</strong>se positive results.

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