A/HRC/22/46
D.
The study on security of tenure
17.
The Special Rapporteur has decided to dedicate much of her attention until the end of
her mandate to the issue of security of tenure. The present report reflects the areas of research
she commissioned in 2012 (some of which can be found in two research papers available
from www.ohchr.org/EN/Issues/Housing/Pages/StudyOnSecurityOfTenure.aspx). In section
I, the Special Rapporteur described the broad context bearing upon tenure security and the
crucial importance of the issue. In section II she maps the tenure systems and arrangements
existing worldwide, as well as key policies and practices pertaining to tenure security. In
section III, the Special Rapporteur assesses existing guidance under international human
rights law as well as in national and regional legal frameworks and related case law and
other global governance frameworks. In section IV, she highlights some of the key
challenges that pertain to securing tenure, flagging areas for further research rather than
offering definite answers to what are extremely complex issues.
18.
The present report is also based on three consultations convened by the Special
Rapporteur in 2012. In September, in Naples, the Special Rapporteur convened a
consultation with 26 participants from housing, urban planning and human rights
organizations. In October 2012, in Geneva, she convened an expert group meeting with
another 26 participants, including experts in the areas of land management, urban planning
and human rights law and litigation, and representatives of humanitarian action and
community-based organizations. Also that month, the Special Rapporteur convened a
public consultation in Geneva. The Special Rapporteur would like to thank the participants
in the above consultations,14 and other contributors, for the high quality of their inputs. The
final text of the report remains the Special Rapporteur‘s sole responsibility.
19.
Resources permitting, the Special Rapporteur intends to continue to explore some of
the issues that emerged in her first year of research. She aims to submit a final report on
security of tenure to the Human Rights Council in 2014.
II. Mapping and framing tenure
A.
Definitions
20.
Any discussion of land and housing tenure needs to recognize the importance of
cultural, historical and political contexts, and the specific legal systems in place. The
particular combination of these specificities results in subtle differences in the way key
terms and relationships are defined.
21.
―Tenure‖ comes from the French verb tenir, meaning ―to hold‖. A definition that is
commonly cited considers land tenure ―the relationship, whether legally or customarily
defined, among people, as individuals or groups, with respect to land‖.15 This definition
does not however reflect the realities of informal tenure systems, common in urban areas.
The reasons may be that policy development on land tenure has its roots in rural contexts.
22.
For the purpose of the present report, and to account for types of tenure in urban
contexts, tenure is understood as the set of relationships with respect to housing and land,
established through statutory law or customary, informal or hybrid arrangements.
14
15
6
The lists of participants for the consultations and the expert group meeting are available from
www.ohchr.org/EN/Issues/Housing/Pages/StudyOnSecurityOfTenure.aspx.
See, for example, Food and Agriculture Organization of the United Nations (FAO), ―Land tenure and
rural development‖, Land Tenure Series 3 (2002), para. 3.1.
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