A/HRC/22/46
informal settlement has become common, but many other terms are used, such as ―slums‖,
―bidonvilles‖ and ―favelas‖, among others.
30.
The category of informal settlements includes diverse categories with varying
degrees of formal recognition—in other words, with ―ambiguous‖ or ―hybrid‖ tenure status.
They include regularized or unregularized use or occupancy of land and/or housing, on
public, private or customary land, unauthorized subdivisions on legally owned land or
housing, and various forms of rental arrangements, whether formalized in some manner or
not.
31.
There is debate about the most appropriate term to use in describing these diverse
arrangements. For the purpose of the present report, the term informal settlements is used,
recognizing its widespread use, while being sensitive to its shortcomings. Indeed, the term
informal settlements is not only a major simplification, it also reflects a false dichotomy
between the dominant paradigm of formality and the complexity of urban settlement
processes (see section II, subsection E below). Furthermore, informal settlements, like other
commonly used terms, has generally negative connotations. In addition, the inherent
ambiguity in the status of these settlements has a number of political, operational and
human rights implications. It generally results in the settlements not being recognized as
belonging to the city. It often leads government authorities and private actors to consider
the settlements or their inhabitants fully ―illegal‖, thereby justifying forced evictions or
denial of rights.
D.
The primacy of individual freehold
32.
Despite the prevalence of a great variety of tenure systems and arrangements
worldwide, in the past few decades, most models of urban planning, land management,
development and legal regimes have centred around one particular form: individual
freehold. This common fixation on freehold has been supported by the predominant
economic doctrine of reliance on private property and market forces.
33.
As a result, the financial sector and the private housing market, coupled with support
for households to take on credit debt, became primary mechanisms for allocating housing
solutions. Foreign assistance from international organizations greatly influenced the
development of market-based housing finance and boosted housing market activity in
developing countries. Despite some diversity in housing policy experience, most countries
opted for promoting housing markets and individual homeownership, privatizing social
housing programmes and deregulating housing finance markets. This was evident in most
formerly planned economies, which in the 1990s privatized public housing on a large scale,
leading to radical changes in tenure structure. In many of those countries, owner-occupied
housing now constitutes more than 90 per cent of the housing stock (A/67/286, para. 6).
34.
In developing countries, Governments were encouraged to undertake individual land
titling programmes as a key means of not only increasing tenure security, but also of
facilitating access to formal credit and reducing poverty. The underlying assumption was
that secure tenure—understood as having proper titles—increased housing investment.18
Also influential was the claim of a direct correlation between property ownership and
18
8
See World Bank, Housing: Enabling Markets to Work (1993).
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