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1、“Informal Settlements and Tenancy Arrangements:policy options from a regional perspective”International Conference:Built Environment Issues in Small Island States and TerritoriesKingston,JamaicaAugust 2005,Presentation,The Regional ContextUrban Poverty and Habitat Precariousness in LACThe Informal S
2、ettlements Challenge:Urban informality and tenancy insecurityRegional experience:regularization programmesPolicy and programme recomendations,1.The Regional Context,IN 2004,REGIONAL ECONOMIC ACTIVITY EXPANDS,0,25,50,75,100,1950,1960,1970,1980,1990,2000,2010,2020,2030,The Carib.,Central Am.,South A,R
3、egion,Regional Urbanization,Synthesis of regional situation(1),Increased economic development in the countries of the region and increased social spending have not been able to reduce levels of inequality in income distritution.Economic growth has permited an increase in occupation levels,but this h
4、as not translated into a decrease in unemployment.The dynamic sectors of the economy are concentrated in cities due to:agglomeration economies;markets(inputs,goods and services,work);knowledge management.Urbanization has generated:a scarcity of public services;inequity in habitat conditions;social a
5、nd spatial segregation;increased poverty,inequity and unemployment;environmental degradation y increased vulnerability to natural and technological disasters.,Synthesis of regional situation(2),Increased policy efficiency and effectiveness demands the integration of sector strategies in specific ter
6、ritories.Socio-economic development requires urban polices that combine functionality with habitability within a framework for growth and equity,with a focus on employment generation and business development.,2.Characteristics of urban poverty and precarious urban settlements in the LAC Region,In 20
7、02,the regions urban poor amounted to over 146,7 million people,of whom 51,6 million were indigent(ECLAC estimates,2004).Two out of every three poor people in the region are city dwellers.(*)Almost 70%of total regional urban poverty is concentrated in urban areas in Brazil,Colombia and Mexico.(*)Urb
8、an poverty takes the form of low earnings related to precarious employment,a shortage of educational capital and patrimonial assets,and shows inequities based on gender.(*)While economic growth and increased social spending in all the countries have enabled them to make progress in reducing the perc
9、entage of people living in poverty,national inequality indices have remained high or deteriorated outright.ECLAC analyses show that wealth factors affect inequity as well as poverty.,Serious housing problems persist in the region,especially among the poorer sectors of the population:45%of these prob
10、lems consist of quantitative shortages,while the rest consist in needed improvements.Among poor households,the most widespread problem observed is lack of access to sanitation,followed by lack of access to secure tenure and to drinking water networks.Next in importance is the problem of poorly const
11、ructed housing.Lastly,overcrowding continues to be a predominant feature of poor urban households.(Unmet housing needs)Diversity of expressions between countries,within countries,between cities(metro.,large,intermediate),and within cities Water and sanitation/poor sectors:quality and effective acces
12、s issues.Wide variations among poor sectors in quality of access-principally due to age of settlement,Heterogeneity of situations for the urban poor:Insufficient and unstable income,translating into inadequate consumption capacityDiscrimination and limited access to the formal labor market,especiall
13、y for women and specific ethnic groups;this also translates into a loss of traditional social and family valuesRisks due to instability and inadequate provision of basic goods,considering the need for different types of goods including social,human,financial,physical and naturalInadequate quality an
14、d insecurity in housing and the lack of basic services,that exhibits risks due to critical sanitary situations,pollution,violence,natural and technological disasters,etc.Lack of effective power in social control,and political decision making and representation systems,Regional panorama is characteri
15、zed by:,the presence of multiple,complex and interrelated expressions of urban poverty=demands the application of differentiated management modalities the diversity of expressions of the precariousness of habitat(by country,by type of city,within cities,by type of household)=suggests flexible and di
16、verse interventions oriented to specific territories and vulnerable groups.,3.The Informal Settlements Challenge,Urban informalityPrecarious habitat conditionsTenancy insecurity,Scarcity of land due to increased demand for housing,services,facilities,recreational spaces,industrial parks and transpor
17、t networks(*)Increased land prices in LAC cities due to scarcity of urbanized land and the speculative nature of land markets in the highly urbanized cities in the region.Two markets exist for accessing land:affluent sectors have secure legal access via the formal marketlow-income sectors use surviv
18、al strategies(*)the informal land market or occupying high-risk landThe poor occupy the urban periphery or vulnerable areas-increases socio spatial segregation(heterogeneity of situations),Types of urban informality(land),Heterogeneity of situations,within cities;submarkets within informal settlemen
19、ts(1)Direct occupation:public or private lands;settlement,individual lots(2)Illegal markets:clandestine developments irregular(horizontal property)land development;indigenous lands illegally incorporated into urban area;agricultural cooperatives transformed into urban lands;legal submarkets that hav
20、e generated irregular property arrangements(3)Urban-environmental:developed areas w/o consideration of state regulation regarding subdivision and in environmental protection areas;risks of flooding;polluted lands;near to brick works,clandestine garbage dumps;lack of infrastructure;limited access to
21、public transport(Based on Clichevsky 2005,ECLAC),Magnitude of urban informality,Proportion of population living in informal situations in ALC:Argentina:17%Metropolitan Area of Buenos Aires:10%(1.380 thous.)Belo Horizonte,Brazil:20%Rio de Janeiro,Brazil:20%(1.400 thous.)San Pablo,Brazil:20%(3.400 to
22、3.750 thous.)Bogot,Colombia:24%(1.400 thous.)Quito Ecuador:50%(750 thous.)Tegucigalpa,Honduras:40%(320 thous.)Lima,Peru:37 to 40%(2.623 to 3.000 thous.)Mexico City(Fed.Dist.),Mexico:40%(7.200 thous.)(Clichevsky 2003,ECLAC),Direct OccupationTEGUCIGALPA(Honduras),Developing neighborhood in Los Pinos(C
23、lichevsky 2005),Direct OccupationTEGUCIGALPA(Honduras),Developing neighborhood in Los Pinos(Clichevsky 2005),Direct Occupation City of Buenos Aires(Argentina),Villa 31(Clichevsky 2005),Direct Occupation City of Buenos Aires(Argentina),Villa 20(Clichevsky 2005),Direct Occupation Santiago del Estero(A
24、rgentina),Villa La Catlica(Clichevsky 2005),Informality via marketQuito(Ecuador),San Jacinto&Santa Leticia,Lower sides of Pichincha Volcano.Illegal Land Development(Clichevsky 2005),Informality via market Quito.Mulanga Lower sides of Pichincha Volcano.Illegal Land Development(Clichevsky 2005),Early
25、2000s,128 million people living in slums(32%of the urban population(*)Slums,comprising a wide-range of low-income settlements(from deteriorated inner city dwellings to informal settlements with inadequate housing,infrastructure and services,overcrowding,in risk areas and with a variety of tenure arr
26、angements)are in many cities,the only option available for the urban poor.National approaches to slums have shifted from negative policies(evictions,involuntary resettlement,benign neglect)to more positive policies.Regional consensus that strategies based on settling populations in the areas that th
27、ey already occupy provide the most socially and economically desirable solution to the problem of informal settlements.In spite of this,property insecurity continues to exist in the region.In informal settlements,tenancy irregularity is a factor which increases ambiguity and social tension(*).,4.Reg
28、ional Experience:regularization programmes,Programme approaches:(irregular settlements are accepted as an urban reality that cannot be eradicated,and as a part of the process of growth in cities;degrees of recognition of social construction of habitat)(1)Legal regularization:refers to legalization o
29、f ownership,recognition of the right to occupy the property for specific periods,and the sale or donation of land to its occupants(2)Urban regularization:refers to the process of recognizing irregularly occupied subdivisions as regular urban zones,that will in turn be serviced and pay taxes as the r
30、est of the city.Improvements in one or more habitat dimensions(3)Integrated neighbourhood upgrading programmes:refers to integrated approaches including legalization of ownership,strengthening of social organizations,employment and income generation,and urban-environmental improvements,Legalization
31、programmes,Complex and slow processes in the majority of the Regions countries:complexity in urban informality;multiple actors;lack of transparency in ownership;high volume of titles to be processed;institutional rigidities and out of date cadastres;weak technical capacityBeneficiary requirements(va
32、ry by country):(i)lot occupancy during a minimum period of time,(ii)no other property ownership,(iii)household head status(often priority is given to female heads of households),(iv)no pending debts with the State,and,often,(v)sufficient income levels which would permit co-payment.These requirements
33、,in addition to the responsibilities that beneficiaries must assume post-legalization(payments,limitation on sale),may constitute important obstacles for an important portion of informal settlement inhabitants to access these programmes.,Argentina:national level policies include the National Program
34、me of Fiscal Lands(Programa Arraigo),and a 1994 law(24.374)regarding legalizing private lands.Both policies are implemented via local governments.1988 Brazilian Constitution incorporates the social function of property as a concept and creates a national institution for legal regularization.The majo
35、rity of the State Constitutions,Municipal Organic Laws and Master Plans developed during the 1990s,explicitly incorporate this objective.In 2001,the City Statute completes the legal framework for recognizing the social right of all inhabitants of informal settlements to a house.Between 1993 and 1996
36、,in Brazils forty-five largest municipalities,legal regularization programmes assisted some 86,379 families.Morar Legal,Rio de Janeiro Municipality(financed jointly by IDB and the Caixa Economica Federal)regularizes(urban and legal)irregular and clandestine municipal lots.Via participatory processes
37、,based on eligibility criteria defined in the citys master plan,more than 35 thousand lots were urbanized and regularized.In Guayaquil,between 1993 and 2000,more than 103,000 titles were granted,as part of a participatory process that formally integrated marginal settlements into municipal urban dev
38、elopment plans.In Peru,by November 2000,the Commission for the Formalization of Informal Property(COFOPRI),(IBRD)granted more than 1 million titles in the country,half of which correspond to Lima.,Specific Tenancy Issues(1),Various mechanisms may be used to obtain tenure security,ranging from interm
39、ediate tenure to“hard”or full deedsIntermediate tenures may not be completely invulnerable to political changes,particularly those involving more authoritarian governments,because they only offer partial security(*)The public deed(most far-ranging legal instance in tenure security),is obtained in re
40、gularization processes through:direct negotiations between the owner be it a private or public entity-and each occupantthe expropriation of the land for public use and the subsequent adjudication of the ownership of the lots to their current occupantsjudicial adjudication of the lots(*)In some count
41、ries,the number of intermediate tenures and public deeds granted through the tenure security programs is very limited as compared to the size of the population living in informal conditions.,Specific Tenancy Issues(2),As studies of the Peruvian case demonstrate,there is a need to raise awareness of
42、the“registry culture,”or the importance of acquiring a deed to ones property because people who live in illegal situations in countries in which eviction is not common may not even be aware that they are doing so.It is also essential to observe that land titling has been carried out in areas with se
43、rious environmental problems such as flooding or erosion.While this practice may not represent a legal danger,it may pose an urban environmental risk for the inhabitants.Lessons learned:Include a legal framework that permits intermediate tenure,which can be a real solution to the problem and offer a
44、 more secure alternative to possession of a public deedExpand tenure regularization programmes to include privately owned land given that these projects are generally limited to public lands(given the high cost of expropriation and/or negotiations with the private owners of occupied lands)Include se
45、cure cadastres/property registries for both public and privately owned landInstitute subsidies for registering deeds so that a greater portion of the population can have access to land titling processesIncrease control of tenure security processes so that they are not implemented in environmentally
46、insecure and particularly high-risk areas.,Upgrading strategies(urban and integral),Incorporate investments to improve infrastructure and urban facilities in neighbourhoods as well as develop programmes designed to alleviate the main social problems of the communities and improve their quality of li
47、fe as a wholeIn situ urbanization programmes that take advantage of the investments the residents have already made in their housing solutions,and emphasize community participation in the execution of operationsLessons learned:participation by municipalities and communities in programme executioneff
48、ective cross sector coordination of public programmes at national and sub-national levelsadequate technical and management capacity at execution levelseffective coordination of physical and social investmentsintegration into public service networks(via physical connections as well as considering pri
49、ces),and further maintenance and follow-up activitieseffective mechanisms for cost control and resource targetingOne critical economic and social aspect that has not been fully incorporated into these programmes is the effective creation of income generating opportunities.,Argentina,the Neighbourhoo
50、d Improvement Programme(PROMEBA)began in 1997 with financing from the IDB.Projects that include drinking water,water treatment,sanitation,electrical energy,legal regularization,social support and environmental mitigation infrastructure components are eligible for programme financing.The programme mo
