A/HRC/22/46
23.
Security of tenure is understood in the present report as tenure of land and/or
housing which ensures a secure home and enables one to live in security, peace and dignity.
While the report does not address land tenure other than as prerequisite for housing, it must
be noted that issues pertaining to land—whether for housing or agriculture—are intimately
linked.
B.
Existing tenure systems and categories
24.
Land tenure systems and forms determine who can use and dispose of what land,
housing or natural resources for how long and under what conditions. Attempts have been
made to classify forms and systems of tenure in order to clarify existing arrangements.
25.
First, it has been suggested that all categories of tenure exist within a number of
primary tenure systems, namely: (a) statutory systems, established by law or statutes—they
consist of two main types, private and public tenure systems, and can guarantee individual
or collective rights; (b) customary systems, referring to the communal possession of rights
to use and allocate land by a group sharing the same cultural identity or established by
customs; (c) religious systems, whereby all or some land is owned and managed by
religious authorities; and (d) informal tenure systems, most common in urban areas—these
are often hybrid systems that have emerged in response to the difficulties of existing
systems to cater for rapidly expanding cities and their urban land markets. 16
26.
Within each of these primary tenure systems, a number of tenure categories or forms
exist. Several tenure categories may also co-exist on the same plot, a situation frequent in
urban settlements. Some of the main categories include: individual freehold (ownership in
perpetuity); delayed freehold (conditional ownership); registered leasehold (ownership for a
specified period, from a few months to 999 years); public rental (rental occupation of
publicly owned land or housing); private rental (rental of privately owned property);
collective or communal ownership, including cooperative (ownership is vested in the
cooperative or group of which residents are co-owners); community land trust (a non-profit
organization develops and stewards affordable housing on behalf of a community); and
customary ownership or use.17
27.
These broad distinctions are used to clarify the nature of tenure, yet in most cases
they simplify and do not fully reflect the complexity of situations on the ground. In many
cases legal plurality exists, such as when statutory tenure categories are superimposed upon
customary regimes. It might thus be useful to understand the issue as one of a spectrum of
tenure arrangements and forms, with marked variations depending on context.
Understanding “informal settlements”
C.
28.
The above distinctions have particularly obvious limitations when attempting to
capture and reflect the diversity of arrangements in informal tenure systems, or in what is
commonly termed ―informal settlements‖.
29.
Informal settlements are self-made, spontaneous, self-managed and unplanned
settlement and housing arrangements, initiated by urban poor themselves. They are
generally characterized by precarious infrastructure and housing conditions. The term
16
17
See Geoffrey Payne and Alain Durand-Lasserve, ―Holding on: security of tenure—types, policies,
practices and challenges‖, available from
www.ohchr.org/EN/Issues/Housing/Pages/StudyOnSecurityOfTenure.aspx.
Ibid.
7
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