Forced Evictions - Towards Solutions? First Rep First Report of the Advisory Group on Forced Evictions to the Executive Director of UN-HABITAT Copyright © Advisory Group on Forced Evictions (AGFE), UN-HABITAT, 2005 Excerpts from the text of this publication may be reproduced without authorisation, on condition that the source is clearly indicated. Copyright © of any photograph in this publication vests in the photographer and may not be reproduced without prior authorisation Cover photos courtesy of Guy Tillim, COHRE and www.2Bangkok.com Advisory Group of Forced Evictions (AGFE) c/o Global Campaign for Secure Tenure P.O. Box 30030, GPO Nairobi 00100, Kenya. Tel: +254 20 623 120 Fax: +254 20 624 266 For information on AGFE see http://www.unhabitat.org/campaigns/tenure/taskforce.asp Disclaimer The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning delimitation of its frontiers or boundaries, or regarding its economic system or degree of development. The analysis, conclusions and recommendations of this publication do not necessarily reflect the views of the United Nations Human Settlements Programme, the Governing Council of the United Nations Human Settlements Programme, or its Member States. TITLE: Forced Evictions – Towards Solutions? First Report of the Advisory Group on Forced Evictions to the Executive Director of UN-HABITAT HS/751/05E ISBN: 92-1-131737-1 First Report of AGFE to the Executive Director of UN-HABITAT i ACKNOWLEDGEMENTS This publication is the first report of the Advisory Group on Forced Evictions (AGFE) to the Executive Director of UN-Habitat. It has been produced by AGFE with support from UN- HABITAT, and in particular Farouk Tebbal, Chief of Shelter Branch and Sandra Baffoe-Bonnie, Acting Coordinator of the Global Campaign for Secure Tenure Secretariat, based in Nairobi, Kenya. Compiling the publication was a team effort, and thanks and credit are due to many people. We will try to mention all of them below. However, if anyone is left out we offer our humble apologies. Jean du Plessis was responsible for overall coordination, editing and production, and wrote Chapter 1 and sections of Chapter 2. Yves Cabannes, the AGFE Convenor, coordinated the AGFE missions and their reports summarised in Chapter 3, and wrote Chapter 4. AGFE members contributed, in a variety of ways, to the contents of this report, and in particular to the 15 case studies in Chapter 2. Their names are: Jockin Arputham, Hermes Binner, Joel Bolnick, Somsook Boonyabancha, Yves Cabannes, Olivio Dutra, Malick Gaye, Scott Leckie, Inger Lindgren, Hosaka Mitsuhiko, Leticia Osorio, Cesare Ottolini, Couglan Pather, Guillermo Rodríguez, David Satterthwaite, Paulo Teixeira and Jane Weru. A number of volunteers and partners, who are part of a growing AGFE network, also provided information and/or drafted case studies. These include: Deanna Fowler (New York City, USA); Farouk Braimah and Mawuse Anyidoho (Agbogbloshie / Old Fadama, Accra, Ghana); Carlos Escalante (Tambo Grande, Piura, Peru), Cristina Reynals (Villa Bermejo, Buenos Aires, Argentina); Bret Thiele (Digya National Park, Ghana; Kampala case, Uganda); Jean Baptiste Eyraud, Lilia Santana, Bernard Birsinger and Olivier Valentin (French cases); Vincenzo Simoni (Unione Inquilini,) and delegates from the Campaign “Via Adda must not be cancelled” (Italian Cases); Leandro Gorsdorf and Anselmo Schwertner (Curitiba); Genevieve Domenach- Chic, UNESCO, (Beijing information); Pedro Franco and delegates from the “National Land Coordination” (Santo Domingo); Malcolm Langford, Odindo Opiata, Christine Bodewes, Fleur de Lys (Pinky) Cupino (Philippines case) and Fr. Daniel Moschetti (Nairobi communities); Birte Scholz and Nathalie Mivelaz (UK cases); Graeme Bristol (Pom Mahakan case, Bangkok); Malcolm Langford, Meghna Abraham (Roma communities, Greece). We are grateful to all who participated in the AGFE missions, both for taking part and for drafting the mission reports that form the basis of Chapter 3. They are 1. Rome, Italy: Cesare Ottolini, Bernard Birsinger (the Mayor of Bobigny, France), Olivier Valentin and Jackie Leavitt; 2. Dominican Republic: Yves Cabannes, Carlos Escalante and Pedro Franco; 3. Curitiba, Brazil: Letícia Osório, Paulo Teixeira, Inês Magalhães (representing Minister Olívio ii Forced Evictions - Towards Solutions? Dutra, Ministry of the Cities), Patrícia Cardoso, Leandro Gorsdorf, and representatives of the Movimento Nacional de Luta pela Moradi. We are grateful to numerous photographers (in some cases esteemed professionals) and their organisations, for permission to use their photographs at no charge. Their names are given in the report. We are also very grateful to Domini Lewis for her tireless editorial assistance and Mona Khechen for editing of Chapter 4; Jane Harley for design and layout; Emily Walsh, Jeanne Mifsud- Bonnici, Malcom Garfield, Karen Soboleosky, Karen Kennard, Hilda Guerrero for translation; and Ann Mugeni and Frederic Beernaerts of UN-HABITAT for secretarial and other support. The most special thanks is due, however, to all the communities with whom we work, who have been prepared to share their problems, experiences, ideas and insights with us. This report is dedicated to them, and their ongoing struggle to realise their basic human rights. First Report of AGFE to the Executive Director of UN-HABITAT iii FROM THE EXECUTIVE DIRECTOR Welcoming address delivered by Mrs. Anna Kajumulo Tibaijuka, Executive Director of UN- HABITAT, at the inaugural meeting of the Advisory Group on Forced Evictions, Nairobi 5 March 2004 Dear Friends, It is my distinct pleasure to welcome you to Nairobi for this inaugural meeting of the Advisory Group on Forced Evictions. I wish first of all to thank you for accepting to join this group in addition to your heavy workloads to contribute to this challenging mission. I know that this will require that you spend even more of your time working on this controversial and difficult issue of forced evictions. But I also know, for having carefully reviewed each nomination, that all of you are contributing to this endeavour with enthusiasm and eagerness to help improve the lives of the urban poor who are striving for their rights and trying to avoid a worsening of their already difficult lives. The Governing Council of UN-HABITAT which recently approved the establishment of this group, has only answered a legitimate (and probably long overdue) request that has emanated from the millions of those who are living on a daily basis under the threat of evictions. During my tenure as head of UN-HABITAT, I have met and interacted with thousands of those urban poor who in their own simple (but so eloquent and moving) way have entrusted me with their pleading message: “We want to be treated as human beings, we want dignity and security for our children, we request the right to be considered as full citizens”. As you know, UN-HABITAT has a long track record in working with its partners to improve the quality of life in our cities. Hundreds of programmes have directly enhanced the housing situation of urban populations all over the world. They have contributed in setting up sound policies, better management practices and created more inclusive environments. In many countries, the two campaigns for Secure Tenure and Urban Governance have been successful in raising awareness, bringing stakeholders together, creating conditions conducive to positive dialogues and positive attitudes, and have given to the urban poor a respected and responsible role. While I am personally happy to note this unprecedented progress and changes among our partners, I am still unsatisfied by practices in a number of countries that continue to ignore the rights of some citizens and more precisely those who often do not have the capacity to speak for iv Forced Evictions - Towards Solutions? themselves. It is then the role of the UN to remind our partners of their obligations and see that they fully comply with those international laws which they have agreed upon. This is indeed a very sensitive issue and the approach to it may not be very simple. Capacity to convince and to show good practices, negotiation skills and a deep knowledge of the laws and the rules are required. The composition of your group has been based on the consideration of these principles and I am confident that you will very quickly help us to make a positive change globally. I am looking forward to receiving your help in addressing situations where forced evictions are threatened or are on their way and to solve these situations in a manner that protects the populations at risk and ensures a harmonious development of our cities. I also expect that your periodic reports on the status of evictions in the cities of the world will be a tool that enables UN-HABITAT to engage in a strong and forceful advocacy effort. I want to assure you that I will personally give the utmost attention to your work and see that it is translated into concrete actions. As you know, the Millennium Declaration is targeting the improvement of the lives of at least 100 million slum dwellers by the 2020. This effort must not be ruined by actions such as forced evictions, that may, at the same time, worsen the situation of millions of other urban poor. Joining our efforts together we will fight on these fronts