Global Platform for the Right to the City Plataforma Global por el Derecho a la Ciudad Plataforma Global pelo Direito à Cidade Moving toward the Implementation of the Right to the City in Latin America and Internationally Proposers Support 1 Coordinators Researchers Nelson Saule Júnior Latin America Lorena Zárate Paulo Romeiro Maria Silvia Emanuelli Irene Maestro Guimarães Vanessa Koetz Collaboration Karina Uzzo Europe Eva Garcia Chueca Giovanni Allegretti Collaboration Yasar Adanali Michela Barbot Laura Colini Owen Dowsett Jez Hall Manuel Lutz Giulio Mattiazzi Michelangelo Sechi Michael Rostalski Colectivo Ministarstvo Prostora South Africa Adoné Kitching Mirjam van Donk Scott Drimie Cairo and Jerusalem Joseph Schechla Kenya Alfred Omenya Akoth Ouma Tabitha Onyinge Waruguru Gikonyo 2 Introduction The studies bring a critical analysis to revise and update the practices and forms of acting in favour of the right to the This publication gathers the research “Moving toward the city – by identifying, registering and systematizing legislation, Implementation of the Right to the City in Latin America and policies, programs, projects, practical experiences promoted Internationally”, an initiative of the Global Platform on the by governmental bodies, public institutions, social and cultural Right to the City. organizations and groups of the society. Its main objective is to update and delve the international This research intends to stimulate the production and process of debating the right to the city content and strategies dissemination of knowledge on the right to the city in order through a Global Platform on this issue in order to propel the to contribute with building equal, democratic and sustainable process on national and global levels and to advance in its cities throughout the world, as well as supporting the recognition and realization on different scales, also contributing development of a global network of researchers through an on international level to integrate an agenda of commitments International Observatory of the Right to the City oriented at and actions for implementing the Right to the City in the World monitoring and following up public policies and local, national Urban Agenda, which will be drafted during the process of the and international initiatives over the Global Platform on the III Conference on Housing and Sustainable Urban Development Right to the City, particularly those regarding the compliance and in the Post-2015 Development Agenda - Sustainable with the commitments made ​​on behalf of this platform in the Development Goals. Post-2105 Millennium Agenda - Sustainable Development Goals Five researches were conducted in countries and cities in and the World Urban Agenda defined during Habitat III. Latin America, Europe, Asia and Africa. In Latin America, Brazil The research was coordinated by Instituto PÓLIS and Colombia were selected, focusing on the cities of Sao Paulo (coordinating member of the National Forum for Urban Reform and Bogota; in Europe, Italy and Spain were the focus of the - FNRU) and by the Habitat International Coalition - Latin research, as well as the cities of London, Istanbul and Hamburg; America (HIC-AL), and supported by the Ford Foundation. and, in Africa, South Africa and Kenya were singled out, and the cities of Cairo and Jerusalem were also part of the research. The conducted researches aim at contributing to the understanding of the right to the city as a collective right of the cities’ inhabitants that comprises the dimension of adequate urban living conditions and social justice as well as of strengthening participation, direct democracy and citizenship in the cities, which has been built since the early 21st century through an international network of civil society actors and national and local governments being developed in World Social Forums, Urban Social Forums and World Urban Forums. 3 Table of Contents The Right to the City in Latin America 7 The Right to the City in the Brazilian Context 8 The São Paulo Urban Context 22 The Right to the City in Colombia 35 The Right to the City in Bogota 51 Relevant Notes 60 Bibliography 61 The Right to the City in Europe 63 Acknowledgements 64 Introduction 65 Positioning the Topic in Europe 67 The Right to the City in Spain 76 The Right to the City in Italy 84 The Right to the City in London 95 The Right to the City in Istanbul 104 The Right to the City in Hamburg 110 Other Interesting Experiences 116 Conclusions 121 References 124 About the Authors 132 South Africa and the Right to the City: 135 Introduction 136 South African Realities: urban inequality and the need for institutional and attitudinal shifts 137 Methodology 139 Progressive Policy and Legislation: South Africa’s institutional commitment to justice and equality 139 Manifestations of the Right to the City in South Africa 145 Barriers to Institutionalisation: challenges posed by the South African case 149 Conclusion 151 References 151 4 The Right to the City: Cairo 153 Historic Introduction: From Memphis to Megalopolis 155 Human Rights Obligations 159 Living Conditions in Cairo 161 Production and Consumption of Housing 163 Housing Rights and Forced Eviction 166 Developing Cairo 167 Privatizing Cairo 168 Governing Cairo 169 Envisioning the Right to the City in Cairo 1 74 Government Institutions 178 Conclusions 180 Annex I 181 Bibliografy 188 Annex II 192 The Right to the City: Jerusalem 195 Historic Introduction to Jerusalem: From Sanctuary to Segregation 197 Human Rights and State Obligations 201 Nationality, Citizenship and Israel’s “Development” Organizations 202 Municipal Governance 207 Planning and Development 209 Prospects and Social Capital for the Right to the City 217 Conclusion 222 Annex I 225 Annex II 230 Bibliography 232 Cities without Citizens - Kenya’s Contradictory Negotiations 239 Abstract 240 Introduction: Conceptual Underpinnings of the Right to the City 241 Methodological Note 242 Outline of Urbanization in Kenya 242 World Charter on Right to the City, the Kenyan Situation 244 Socio-Economic Rights in the Constitution of Kenya 2010 245 Inclusive Urban Development in Kenyan Law 246 Negotiating Legal Terrains in Kibra and Garrissa 248 Conclusion 254 References 255 5 The Right to the City in Latin America Paulo Romeiro, Irene Maestro Sarrión dos Santos Guimarães, Vanessa Koetz 7 The Right to the City in the Brazilian under a technical sphere of public administration, instead of reverting this picture, accentuated its effects. Context The technocratic management fuelled a process characterized by the private appropriation of public The path for urban reform investments and the segregation of large population groups in favelas, tenement houses and peripheric The history of the right to the city in Brazil is connected to subdivisions, excluded from the consumption of urban social struggles demanding structural reforms in land tenure goods and essential services.”1 regulation through agrarian and urban reform. The Brazilian development model, based on large lanThe In 1953, the outcome document of the III Brazilian Congress Brazilian development model, based on large landholdings of Architects proposed issuing a law that created a specific with products destined for exportation, was the main way to ministry for housing and urbanism. In 1959, the Rio de Janeiro boost the economy. Only in the 20th century there was a radical Department of the Brazilian Institute of Architects presented a demographic shift driven by the industrialization process, bill to presidential candidates (during the 1960 elections), entitled which translated into an intense and disordered migration to “Home Ownership Law” (Lei da Casa Própria) proposing the urban centres. establishment of commercial partnerships responsible for funding Conurbations in Brazil began after the 1929 international and acquiring housing, among other measures like the creation economic crisis, when the coffee exportation crisis (a product of a National Housing Council. This council was created in 1962, that was the base of the Brazilian economy) caused thousands under the João Goulart administration. (Bassul, 2010, p. 72) of unemployed people to seek better living conditions in It should be noted that, between 1950 and 1960, there was the cities. an intense mobilization of several social movements around Although the consequences of a disorderly and accelerated President João Goulart’s “grassroots reforms” proposal, in urbanization fell on the hands of municipalities, at the time, which the countryside had a major role in class conflicts. The there was not a conception of the municipal entity as the grassroots reforms lodged various claims including reforms for main responsible for the urban development. Therefore, the the health and education sectors, among others, emphasizing public authority’s scarce resources and investments benefited land reform that had greater impact on the media. the private sector by adopting urban planning regulations According to Boris Fausto, the grassroots reforms: privileging the real estate sector’s profits (Bassul, 2010, pp. 71). Since the 1940s, the rural exodus changed the urban “(...) covered a wide range of measures, land panorama: the share of the national population living in urban reform among them, aimed at eliminating land tenure areas went from 30 to 75%. From the 1950s until the late conflicts and ensuring access to property to millions of 1980s, Brazil experienced a developmental period marked rural workers. For doing so, it proposed changing the by the