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The goal set by the world leaders
to improve the lives of over 100 million slum dwellers by 2020
may be a pipe dream if governments do not put in place effective
policy frameworks.
It is appalling to note that half the urban population in sub-Saharan
Africa lives in informal settlements, with neither legal recognition
nor basic infrastructure services.
These settlements continue to grow as the urban population increases.
The proliferation of informal settlements is the result of a
combination of factors, including poverty, deficient national
policy frameworks and weak local authorities.
In many developing countries, informal settlements expand because
of inadequate provision of affordable land, a tendency to over-regulate,
as well as administrative and institutional frameworks that
are insensitive to the needs of the poor.
Residents of informal settlements are constantly under threat
of eviction hence they can invest neither their time nor their
resources in the development of their dwellings and community.
According to Mr. Offie Akrofi, a principal surveyor (topographic)
at the Department of Lands, Surveys and Physical Planning in
Lesotho, lack of secure tenure is an impediment to progress
and integration of the urban poor into the city.
Many experts agree that the guarantee of security of tenure
is the most crucial requirement to bring about gradual process
of infrastructure improvement and the integrating of informal
settlements into the formal city, thus creating cities without
slums.
In Kenya, thousands are classified as squatters and the debate
continues as to whether every citizen should own some land.
Questions have been raised whether squatters (those without
recognisable right to land) should consider themselves citizens.
With regard to land as a foundation shelter, the exclusion of
anyone from shelter is a denial to such individuals of their
fundamental human right.
In Kenya where the question of land is a thorny issue, the Kenya
Land Alliance, an umbrella network of civil society organisations
and individuals, is advocating the reform of policies and laws
governing land.
The KLA is campaigning for every Kenyan to have a right to decent
shelter, saying a constitutional guarantee that every person
shall have the right to land, for shelter is imperative.
This, they said, would help delink the shelter needs from economic
and productive needs for land. The alliance is also seeking
to delink title deeds as collateral for getting financial assistance.
However, it seems many governments do not see informal settlers
as city builders but as a nuisance. They are tolerated as long
as they do not take over prime sites, otherwise they are bulldozed
with little or no compensation.
Some countries have become more tolerant by enacting anti- eviction
laws and providing basic infrastructure and services.
However, few governments take measures to ensure that poorer
households find legal alternative through upgrading. In most
cases, the upgrading process and the services provided have
been too expensive for the targeted group to maintain. This
has forced the slum dwellers to resist such projects.
Local governments have a central role to play in upgrading of
tenure and since it is a time-consuming exercise, it requires
dedicated staff to manage the process.
In some cases, Non-Governmental Organisations and churches have
been involved in the exercise, but with much resistance from
the squatters.
It is thus prudent that governments should empower local authorities
through legislation and by providing the required human, financial
and material resources.
The management team should be made up of representatives of
the local authority, respected community members, non-governmental
organisations (NGOs) and other private organisations.
According to Mr. Akrofi, responsibilities of the team should
include educating and building capacity in the community to
encourage their participation, and liaising between the community,
local authority and landowners.
They should work with the community to decide the most appropriate
form of tenure, taking into consideration their cultural, social
and financial resources.
They should also supervise land acquisition, adjudication, planning
and all other aspects of the project.
Informal settlements have no accurate land records. Tenure upgrading
requires adjudication of all rights and boundaries.
The adjudication committee should be made up of elected community
members of integrity, who know the history of land rights in
the community. The local authority and NGOs could provide expertise
to the committee. The community should be mobilised and encouraged
to participate in the adjudication process.
A broad-based committee with community participation and openness
can resolve most conflicts in tenure upgrading. Intergrated
planning that makes room for basic infrastructure should follow
adjudication.
Physical planning should not be centrally determined or forced
on communities as has been the case in many countries, but rather
should encourage public participation to access real user needs
and affordability.
The technical teams should guide the communities with their
expert knowledge to determine appropriate planning regulations
to ensure basic health and safety standards.
When guidance is given in a process that is transparent and
equitable, regulations would be implemented and the communities
will see to their execution.
It has been evident from slum upgrading projects that getting
local communities to agree on planned layouts in upgrading initiatives
is a futile exercise since most members of the community are
not able to relate the layout plans to the actual situation
on the ground.
Therefore it is important to ensure the local community agrees
with the technical staff on site. Decisions should be reached
through dialogue and consensus.
This type of physical planning could eliminate the shortcomings
of conventional layout design, minimise demolition and conflicts,
and meet specific community needs.
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