A/HRC/22/46
and support in research, policy and practice, such as community land trusts, collective
tenure models and cooperative ownership. 80
90.
Other forms that had a demonstrated ability to ensure secure tenure in the past, such
as tenancy, should also be given renewed attention. Tenancy rates have decreased in many
countries, and so has the security associated with them, as seen in some European countries
for instance.81 In other countries, tenancy remains well-established,82 and in some the role
of rental housing is attracting renewed attention, 83 or being used in innovative ways to
prevent homelessness.84
91.
At a more fundamental level, there remains a tension between the obligation under
international human rights law to confer security of tenure in law and approaches of de
facto or administrative recognition. 85 A related question is whether a form of tenure can be
secured if not recorded at all.
F.
Security of tenure in the aftermath of conflicts and disasters
92.
Conflicts and natural disasters tend to exacerbate tenure insecurity for affected
populations, in particular displaced persons, and heighten the risks of forced evictions. 86
Displacement resulting from conflict or disaster creates risks for forced evictions,
confiscation, land grabs, abusive or fraudulent sale or occupation of land and housing.
93.
In the aftermath of conflict or disaster, there is a real risk that existing discrimination
on the basis of tenure status, gender or other grounds will be reinforced, thus preventing
individuals from accessing aid, including temporary shelter and permanent housing with
tenure security. The Special Rapporteur has highlighted the overemphasis placed on
individual property owners and the associated difficulty to protect and support those with
other forms of tenure, such as renters or those without formal documents over their land or
housing. Women‘s equal access to security of tenure is another concern, in a context of
discriminatory access to land or housing (see A/66/270).
94.
In addition, disaster risk reduction and climate change adaptation legislation, and
measures such as planned relocation,87 natural hazard risk mapping and land zoning for
residential housing, have been used to bypass eviction protections or may be phrased in a
manner that could be misused to forcibly evict people. 88
95.
Progress has been made in recent years, with some humanitarian actors explicitly
addressing issues of tenure for the most disadvantaged. For instance, several agencies have
worked to record rights to housing and land at an early stage of displacement; to upgrade
80
81
82
83
84
85
86
87
88
20
In Uruguay, the cooperative model has produced over 15,000 housing units. It has been replicated in
other countries of Central and South America. See Arébalo et al., El camino posible. Producción
social del hábitat en América Latina (2012).
In the United Kingdom, life tenancy of ―Council tenants‖ is now being reduced to five years
(submission by Defend Council Housing UK, 12 November 2012).
See Dan Andrews, Aida Caldera Sánchez and Asa Johansson, ―Housing markets and structural
policies in OECD countries‖, Organization for Economic Co-operation and Development Economics
Department Working Papers No. 836 (2011).
See http://habitarargentina.blogspot.mx/2012/11/grupo-de-alquileres-segunda-reunion.html.
See the Homelessness etc. (Scotland) Act 2003.
See, for example, Urban LandMark, Incrementally Securing Tenure.
For more on these issues, see A/HRC/16/42 and A/66/270.
See the Cancun Adaptation Framework (FCCC/CP/2010/7/Add.1, para. 14 (f)).
See A/HRC/21/49, p. 51; South Africa Constitutional Court, Pheko and 777 Others v. Ekurhuleni
Metropolitan Municipality, case CCT 19/11, [2011] ZACC 34, judgement of 6 December 2011.
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