United Nation's General Assembly Special Session (UNGASS)
on the outcome of the Conference on Human Settlements (HABITAT II)
June 6-8, 2001 in New York
Parallel Events Report
HABITAT Professionals Forum
"Discussion of the Global Campaign for Secure Tenure"
Rapporteur : Robert W. Foster and Markku Villikka
A. Introduction
Wednesday, June 6th 2001, 1 pm to 3 pm, Conference Room C, UN
As a special event held during the United Nations Conference on Human
Settlements (HABITAT II), a panel was organized by the HABITAT Professionals
Forum and UNCHS to discuss the Global Campaign for Secure Tenure. Moderator of
the panel was Dr. Irene Wiese von Ofen, President of IFHP, chair of the
Forum and member of the German delegation to Istanbul+5. Resource Person,
presenting his paper titled "Access to Land and
Security of Tenure as a Condition for Sustainable Development", was
Professor Holger Magel, Vice President of the International Federation of
Surveyors. Rapporteur was Robert W. Foster, President of FIG. About 40
persons attended the panel. The moderator introduced the panel and the topic for
discussion and described the composition and objectives of the Forum.
The Habitat Professionals Forum was established in 1999 at the initiative of
the International Federation of Housing and Planning (IFHP), the International
Society of City and Regional Planners (IsoCaRP), the International Union of
Architects (UIA), the International Federation of Surveyors (FIG), the Centre
for African Settlement Studies and Development (CASSAD) and the Arab Urban
Development Institute (AUDI). The Forum was organized under the auspices of
UNCHS (Habitat) with the enthusiastic support of Dr. Klaus Töpfer, then
Ag. Executive Director of UNCHS and presently United Nations
Under-Secretary-General and Director-General of the United Nations Office at
Nairobi and is now supported by Mrs. Anna Tibaijuka, the new Executive
Director of UNCHS (Habitat).
B. Discussion
Presentation
Professor Magel described security of tenure as a necessary condition for
both urban and rural development and emphasized that there are a wide range of
forms of tenure systems. He described four principles required for institutional
and organizational aspects dealing with land and ten key factors for a
successful secure tenure campaign.
Professor Magel pointed out the need for capacity-building in public
institutions and the need for clear regulations for land access, land use and
land administration on the basis of a land policy which respects human rights.
Certain improvements have been achieved since the 1996 Istanbul Conference.
Professor Magel presented seven future challenges, which must be met in order
to achieve security of tenure and proposed eleven issues for discussion by the
group.
Discussion
The first issue raised was the likely opposition to change in land
administration and management. The speaker cited the resistance to reversing
land nationalization of the former Soviet era. This issue was not taken up by
the group perhaps because of their awareness of advances being made in countries
in transition such as the Czech Republic, Latvia, Lithuania and several other
Central and East European countries.
The question of the necessity of secure title was raised. A study of 15
nations was cited from which conclusions have been drawn that ownership of land
is not a top priority of the poor. Property is important, but title to property
is not necessarily important. Several people spoke to this issue, one suggesting
that there are alternative mechanisms, the critical issue being access to land
and its usage. Such controls as zoning and regulation may be a greater obstacle
than secure title. Access to land for commercial and economic purposes as well
as for residential use was stressed as important. The question was raised should
title structures be based on the same model for both residential and commercial
use?
Professor Magel asked how banks are to finance development projects where
there is no secure title to the land. One response was that access to financial
credit is less important than access to infrastructure. Examples of informal
settlements, where dwellings have been constructed by the poor (without
financing), now face the problem of no access to public infrastructure such as
potable water, sewage treatment, roads and schools. The threat of eviction is
ever-present in the informal settlements, as pointed out by several people. In
South Africa, with its history of white-only land ownership, blacks were evicted
regularly. Speakers from South Africa made the strong argument that people must
own land to be secure; further, without clear ownership there can be no right of
inheritance.
One speaker suggested that secure title is more important in urban, rather
than rural areas. But another point was made that people will not make the
effort to improve land (e.g. for agricultural purposes) where they have no
ownership interest in the land.
On the subject of informal settlements, it was suggested that there is a
"compliance between government officials and 'slum lords' in the informal
settlements". Rents are high in the informal settlements, even where there
is no infrastructure, because of the lack of secure title held by the slumlords.
The implication is that the slumlords must collect what rents they can while
they still control the land for which they have no secure title.
In Yemen there is the phenomenon of the "city of the night" where
settlements are built without either title or sanction. The question was asked,
How can government be persuaded to provide the necessary infrastructure? The
answer given was that people must "negotiate" with government, i.e.,
people must put pressure on government. If people sit back and wait for
government to supply their needs, "at the end of the day they will still be
waiting".
The issue of land markets and the resulting land speculation and corruption
were raised. The observation was made that corruption happens - with or without
secure title to land. Corruption goes where the money is; money goes where
development is.
The role of the professionals was raised by the moderator Dr. Wiese-v.Ofen.
Professionals are seen as having a role in mediation between government and
people needing access to land. That role may expand to one of advocacy.
Governments are informed through resolutions, recommendations and declarations.
But one speaker from South Africa pointed out that if the professionals do not
involve the people in their deliberations, the people will pay no attention to
the recommendations of the professionals. The professionals may propose answers
to problems but the people will continue to do what they have been doing. If the
people are not involved they will neither trust the professionals nor respond to
their answers.
C. Conclusion
The subject of this panel discussion was secure tenure. Land tenure is
defined in Professor Magel's paper as the way in which the rights, restrictions
and responsibilities that people have with respect to the land are held.
Following Professor Magel's presentation the discussion quickly settled on the
question whether ownership of land is even needed or wanted by poor people.
Arguments were offered on both sides of the question but without acknowledging
that secure tenure does not necessarily require outright ownership of land. The
issue is access to land and people may have access and rights to the use of land
without direct and exclusive ownership. Cooperative and condominium forms of
title may give people inheritable rights to the use of land without exclusive or
separable ownership. Such forms of title to land may provide a basis for
financing of development projects. The point was made that without secure tenure
people live constantly under the threat of eviction, have no reason to improve
the land, and have no rights of inheritance.
A second issue brought up in the discussion was access to public
infrastructure. Certain improvements, like water supply and sewage treatment,
can only be provided by government in most areas. Even where people may
eventually gain secure title in the informal settlements there remains the
question whether government will provide the needed infrastructure. The solution
offered during this panel discussion was the recommendation that people must
become politically pro-active, forcing government to provide the needed
services.
The third general topic of discussion was the role of the professional in
providing access to land and secure tenure. The most important observation was
the need for professionals in their deliberations, to involve the people.
Professionals must not work in abstract terms and theoretical solutions, removed
from the needs and wishes of people. But it should also be recognized that
people may have opinions based on misinformed concepts. To say, for instance,
that ownership is not important to people, that what is important is access to
land, is to miss the point that secure tenure is the necessary condition to
provide what people need though it may not be what they think of as
"ownership". Clearly, then, the role of the professional must include
an understanding of people's needs, an educational process to allow both the
professionals and the people to understand and define solutions, and an advocacy
role in encouraging the participation of government.
It is suggested that the Professionals Forum take these issues for further
discussion and study. What is the role of the professional in defining the needs
of people vis-ā-vis access to land? How can professionals be involved in
solving the problem of the informal settlements and access to public services?
How can professionals help develop models for regulation of land development in
order to provide secure access to land (tenure) while avoiding the problems of
development without services and occupation of land without title?
More information about the Habitat Professionals Forum at Istanbul + 5
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