A/HRC/10/7
page 19
creation of property rights in land and housing merely as a new re-colonization leading to the
repossession of land and property through formal legal means, with companies and banks from
developed countries gaining control over the territories of developing countries.65
58. In his 2003 mission to Peru, the former Special Rapporteur observed the functioning of
titling programmes. In his mission report he concluded that the practice of granting titles by the
Commission for the Formalization of Informal Properties (COFOPRI), inspired by the work of
Hernando de Soto and supported by the World Bank, was flawed when viewed in the context of
Peru’s obligations to the human rights instruments. He called for a review of the policy and of
the functioning of institutions such as COFOPRI to ensure compliance with human rights
obligations. He also noted that the policy provided titles to families without ensuring access to
water, sanitation and electricity and security of home and person, or ensuring equal rights for
women. He argued that this could only lead to a false sense of security and that it only
approached the right to housing as a narrow and individualistic property right.66
59. Several evaluation studies of massive titling programmes, especially in Latin America,
have shown that titling without urbanization and socio-economic integration enables markets to
work but does not ameliorate the lives of slum dwellers.67 The main issue in regard to financial
services is that “the design of such services needs to take into account the difficult choices faced
by low-income households in generating savings, as they struggle to balance potential income
gains (microenterprise borrowing), expenditure savings, investments in capacities and
relationships (education, marriage) and investments in assets (including housing)”. Rather than
discouraging credits targeting low-income sectors, more “flexibility to support this complexity”
should be provided by financial services; moreover, they should be based on the specific needs
of the people concerned.68
G. Discrimination in access to housing
60. Discrimination related to adequate housing may be the result of discriminatory laws,
policies, and measures; inadequate zoning regulations; exclusionary policy development;
exclusion from housing benefits; denial of tenure security; lack of access to credit; limited
65
S. Andreasson, “Stand and deliver: private property and the politics of global dispossession”,
Political Studies, vol. 54. No. 1 (March 2006), p. 3.
66
E/CN.4/2004/48/Add.1, box 3.
67
G. Riofrio, “Why have families mortgaged so little?”, paper presented at Lincoln Institute of
Land Policy workshop on Comparative Policy Perspectives on Urban Land Market Reform in
Latin America, Southern Africa and Eastern Europe, July 1998; J. Calderón Cockburn, Analisis
comparativo de la poblacion beneficiada y la no beneficiada por el Plan Nacional de
Formalización, Informe de investigación, Instituto Nacional de Estadistica y Informática,
Peru, 2001.
68
See footnote 61 above.
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