Handbook on Best Practices, Security of Tenure and Access to Land − Implementation of the Habitat Agenda
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Handbook on Best Practices, Security of Tenure and Access to Land − Implementation of the Habitat Agenda Table of Contents Handbook on Best Practices, Security of Tenure and Access to Land − Implementation of the Habitat Agenda.................................................................................................................................................1 UN−HABITAT MISSION STATEMENT..................................................................................................1 ACRONYMS...........................................................................................................................................2 FOREWORD..........................................................................................................................................3 CHAPTER 1 − SECURITY OF TENURE FOR ALL SEGMENTS OF SOCIETY....................................4 1.1 Land a strategic prerequisite for shelter provision.....................................................................4 1.2 Instances of best practice..........................................................................................................4 1.3 Lessons learned and the way forward.....................................................................................26 CHAPTER 2 − AN ADEQUATE SUPPLY OF LAND FOR ALL SEGMENTS OF SOCIETY................29 2.1 Supply of serviceable land is ineffective and inefficient...........................................................30 2.2 Instances of best practice........................................................................................................30 2.3 Lessons learned and the way forward.....................................................................................69 CHAPTER 3 − LESSONS AND ACTION PLANS................................................................................75 3.1 What experience is telling us...................................................................................................75 3.2 Further implementation of the Habitat Agenda on Land Tenure and Land Management issues: Key recommendations................................................................................................77 REFERENCES.....................................................................................................................................83 LIST AND SUMMARY OF PARTNERS’ CONTRIBUTIONS................................................................90 BEST PRACTICE DATA BASE............................................................................................................91 BACK COVER......................................................................................................................................91 i ii Handbook on Best Practices, Security of Tenure and Access to Land − Implementation of the Habitat Agenda UNITED NATIONS HUMAN SETTLEMENTS PROGRAMME UN−HABITAT MISSION STATEMENT The mission of UN−HABITAT is to promote socially and environmentally sustainable human settlements development and the achievement of adequate shelter for all. History and Background Originally established in 1978 as an outcome of the United Nations Conference on Human Settlements held in Vancouver, Canada, in 1976, UN−HABITAT is charged with coordinating and harmonizing human settlement activities within the UN system. It facilitates the global exchange of information on shelter and sustainable human settlements development, and gives countries policy and technical advice. At the second UN conference on Human Settlements, in Istanbul, Turkey in June 1996, governments agreed on the Habitat Agenda and Istanbul Declaration, committing themselves to the goals of adequate shelter for all and sustainable human settlements development in an urbanizing world. Five years later, in June 2001, the Declaration on Cities and other Human Settlements in the New Millennium, endorsed by the General Assembly, entrusted the organisation, then called the United Nations Centre for Human Settlements (Habitat), with continued responsibility for supporting implementation of the Habitat Agenda. In 2002, the General Assembly transformed the organization into a fully−fledged programme of the United Nations and renamed it UN−HABITAT: United Nations Human Settlements Programme. Strategy UN−HABITAT bases its activities on four main strategic objectives: • Advocacy − Drawing the world's attention to crucial human settlements problems and spurring governments and other organisations into action. UN−HABITAT conducts its advocacy through the Global Campaign on Secure Tenure, the Global Campaign on Urban Governance and World Habitat Day • Research and Monitoring − Coordinates global efforts that monitor human settlements conditions and progress in the implementation of the Habitat Agenda by identifying innovative solutions and practices. The results are disseminated through two flagship publications, the Global Report on Human Settlements, and the State of the World's Cities Report, as well as other specialised technical publications • Training and Capacity−Building − UN−HABITAT strengthens the capacity to plan, develop and manage human settlements, particularly at local government level. Important tools include training for local leaders as well as development, testing and dissemination of training materials • Technical Cooperation − UN−HABITAT provides national and local governments advisory services and technical support, including assistance with mobilising financial and human resources to implement sustainable projects. UN−HABITAT is involved in hundreds of such projects in over 54 countries world−wide. Unedited version: The text of this document has not been officially edited by UN−HABITAT. The findings, interpretations and conclusions expressed here are those of the author and do not necessarily represent the views of UN−HABITAT. Acknowledgements: 1 This handbook reviews material produced by UN−HABITAT partners up to, and including, 1999, in terms of the implementation of the Habitat Agenda. An earlier draft of this handbook was used by UN−HABITAT for internal purposes to strengthen its land management/administration normative guidelines and for inputs into programme design. It is being published now because it remains the most comprehensive global overview to date of progress made in countries towards achieving the Habitat Agenda in the area of land tenure and land management/administration. Some of the information it contains is being used in key global reports currently being published, such as the UN−HABITAT Global Report on Human Settlements ‘Facing the Challenge’ (to be published in 2003); and the Background Paper of the Millennium Project Task Force 8 ‘Improving the Lives of Slum Dwellers’ (to be published in 2003). A few of the examples given in the Handbook are no longer current, as there have been new developments undertaken by Member States. However, many of the examples are current and remain a Best Practice, and the general trends identified remain cutting edge at the global level, hence the reason for publication. We wish to thank Clarissa Augustinus (formerly Fourie) for preparing the original document, under the guidance and direction of Sylvie Lacroux. Cover photos: ©Olav A. Saltbones Nairobi, 2003 HS/588/99E ISBN 92−1−131446−1 Land and Tenure Section, Shelter Branch Shelter and Sustainable Human Settlement Development Division UN−HABITAT P.O. Box 30030, Nairobi, 00100, Kenya ACRONYMS CALS Centre for Applied Legal Studies, South Africa CBO Community Based Organisation COHRE Centre on Housing Rights and Evictions COR Certificate of Rights, found in Botswana CLT Community Land Trust FIG Federation of International Surveyors GIS Geographic Information System GPS Global Positioning System GTZ Deutsche Gesellschaft fur Technische Zusammenarbeit (German Technical Co−operation) HAD Hyderabad Development Authority, found in Pakistan HIC Habitat International Coalition IRGLUS International Research Group on Law and Urban Space KKB Khuda−Ki−Basti, development scheme found in Pakistan LIM Land Information Management LIS Land Information System NGO Non Government Organisation PPP Public Private Partnerships SEWA Self Employed Women’s Association Bank found in India TDR Transfer Development Rights, found in India UN United Nations UNCHS United Nations Centre for Human Settlement 2 UNECA United Nations Economic Commission for Africa UPNS Unique premises numbering system WAT Womens’ Advancement Trust FOREWORD Abject poverty is the plight of so many of our fellow humans. One in five spend their lives in urban slums. One in two lack basic sanitation. Governments around the world have formally recognised universal rights to adequate housing and living standards. Yet increasing numbers only manage to trade rural for urban destitution. This is because institutional frameworks deny them the opportunities to which we are all entitled. Lack of access to land, and fear of eviction, epitomise a more pervasive exclusion from mainstream social, economic and civic opportunities, especially for women. Precarious conditions generate poverty as people have no future in which to invest. As their numbers keep mounting, the prospects for our collective sustainable urban development look bleak. The urban poor need safer grounds on which to leverage a future and this is what UN−HABITAT is looking to achieve with its Campaign for Secure Tenure. Since its launch in 1999, a number of countries have joined the 10−year campaign and agreed to implement at local level a set of recognised