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Download the file - United Nations Rule of Law

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Box 10 Slum upgradinginitiative in Dalifort,SenegalUpgrading <strong>of</strong> slums in Dalifort has provided dwellers<strong>the</strong>re with new opportunities and better livingenvironment. A formal land title has been granted tomore than 500 head <strong>of</strong> households including womenand <strong>the</strong>ir houses have been connected to <strong>the</strong> basicservices. Because <strong>of</strong> its proximity to <strong>the</strong> city centre,rent and land price have steadily risen, and <strong>the</strong>settlement has seen rapid development <strong>of</strong> high-risehousing <strong>of</strong> good quality. Noticeable growth <strong>of</strong> neweconomic activities favoured by land security andmicrocredit facilities that have helped slum dwellersaccess start-up funding to initiate income generatingactivities that contributed to <strong>the</strong>ir economicempowerment. Source: Diop 2007.periphery <strong>of</strong> cities like Seoul, Jakarta, Chennai,and Delhi, under conditions obliging private landownersto provide a certain percentage <strong>of</strong> smallplots which poor families can afford. 194Transfer <strong>of</strong> Development Rights (TDR) is an effectiveinstrument applied in such projects to generatelow income housing on high value city landthrough <strong>the</strong> participation <strong>of</strong> private landownersand developers. Private landowners, or developerswilling to build houses for existing informaldwellers, are given <strong>the</strong> right to build more than<strong>the</strong> permissible floor space index or floor arearatio specified in zoning regulations for <strong>the</strong> plot.If possible, <strong>the</strong>y can build additional space on<strong>the</strong> same plot or be allowed to transfer <strong>the</strong> developmentright to o<strong>the</strong>r plots in specified zones. 195TDR works where <strong>the</strong>re is a high premium onland and where <strong>the</strong> permissible density is highenough to leave surplus land after building lowincomehousing.Government as intermediary and facilitator betweenowners and low-income occupiers. In <strong>the</strong>case <strong>of</strong> Land Sharing as used extensively in <strong>the</strong>Indian city <strong>of</strong> Hyderabad and to some extent inBangkok, Thailand, <strong>the</strong> Municipal Corporation <strong>of</strong>Hyderabad and <strong>the</strong> national Housing Authority<strong>of</strong> Thailand largely play <strong>the</strong> role <strong>of</strong> intermediaries.Government authorities in those places helpto negotiate deals between owners <strong>of</strong> <strong>the</strong> landand its low-income occupiers. Once agreement isreached to share <strong>the</strong> land, <strong>the</strong> governments <strong>the</strong>nhelp <strong>the</strong> occupants to gain access to finance forrebuilding housing in <strong>the</strong> portion <strong>of</strong> land <strong>the</strong>y areto occupy under <strong>the</strong> shared arrangement. The feefor registering <strong>the</strong> new ownership and transfer <strong>of</strong>property is exempted by <strong>the</strong> government. 196 Thearrangement works in situations where <strong>the</strong> originallandowners have little hope <strong>of</strong> recovering <strong>the</strong>iroccupied property without prolonged litigation,and where getting even a part <strong>of</strong> <strong>the</strong> land backhas major advantages.Fostering Citizenship and Legal Empowermentthrough Consultation, Information andParticipatory Property ReformOffering public education and legal aid regardingmarket structures to <strong>the</strong> poor is <strong>of</strong> critical importance,o<strong>the</strong>rwise <strong>the</strong> effectiveness for <strong>the</strong> poor <strong>of</strong><strong>the</strong> above mentioned measures <strong>of</strong> legal reform,governance reform and market development canbe nullified. Multiple consultations, involvement <strong>of</strong>social organisations in <strong>the</strong> contacting <strong>of</strong> propertyholders, well-publicised displays and provision <strong>of</strong>materials to communities all contribute to satisfactionand improved efficiency <strong>of</strong> property reform.In particular, active communication toward andparticipation by civil society are important to ensure<strong>the</strong> quality <strong>of</strong> systemic change in <strong>the</strong> propertyrights regime.These mechanisms allow beneficiaries to haveinformation about <strong>the</strong> reform’s framework, strategies,implementation and targets as well as to109

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