A/HRC/22/46
the enjoyment of other components of the right to adequate housing, on an equal basis with
others.
IV. Selected challenges and entry points
70.
In addition to gaps in existing human rights guidance, the Special Rapporteur notes a
number of challenges at the operational and policy level in a number of sectors bearing
upon security of tenure. In this section, she reviews a few existing challenges requiring
further examination.
A.
Land governance and the political economy of land
71.
Fundamentally, tenure insecurity is a political economy issue—the laws, institutions
and decision-making processes relating to the access and use of housing and land are highly
influenced by existing power structures within society. Thus it is increasingly recognized
that land administration and urban planning cannot be considered purely technical matters.
They can be manipulated to serve private interests, with major risks of exclusion and
discrimination.52 This is especially problematic when the rule of law is absent or out of
reach of the poorest and most vulnerable.
72.
A land governance and political economy perspective raises some important
questions. Who benefits from the status quo and who is excluded? Who sets the agenda for
land governance and land management reform? How are the benefits of reform
distributed?53 These questions cannot be ignored, especially not in a context of rising
interest in land and conflicted legal pluralism. 54
73.
Increased global demand for land implies an increased need for land policies that
ensure tenure rights and equal access to land. Efforts to promote secure tenure must go
hand in hand with improving the overall governance of land and protecting human rights.
This is precisely the rationale behind the voluntary guidelines on land tenure mentioned
above.55 Other guidance exists with regard to the governance of agricultural investments.56
Yet no such safeguards are in place for urban and housing investments.
74.
And while central and local authorities are primarily responsible to ensure that land
and housing policies are respectful of the right to adequate housing, development and
humanitarian agencies also have a significant role to play. Agencies must show due
diligence to avoid being unwittingly complicit in human rights violations. In addition,
urban developers, investors and national and international finance institutions may
contribute to a more inclusive urban growth, but can also have an adverse impact on the
rights of urban poor and other groups, and be complicit in forced evictions and land
52
53
54
55
56
16
See The Inspection Panel, ―Investigation Report—Cambodia: Land Management and Administration
Project (Credit No. 3650 – KH)‖ (2010); A/HRC/22/46/Add.2.
David Palmer, Szilard Fricska and Babette Wehrmann, ―Towards improved land governance‖, Land
Tenure Working Paper 11 (FAO and UN-Habitat, 2009), p. 2.
See Deininger et al., Interest in Farmland (note 5 above) and D. Adler and S. So, ―Toward equity in
development when the law is not the law: reflections on legal pluralism in practice‖, in Brian
Tamanaha, Caroline Sage and Michael Woolcock, eds., Legal Pluralism and Development (2012).
See also Klaus Deininger, Harris Selod and Anthony Burns, The Land Governance Assessment
Framework: Identifying and Monitoring Good Practice in the Land Sector (World Bank, 2012).
See, for example, FAO, International Fund for Agricultural Development, United Nations Conference
on Trade and Development and World Bank Group, ―Principles for responsible agricultural
investments that respect rights, livelihood and resources‖ (2010).
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