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May 17th, 2012

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Urban slum tenure security provision - 2009/05/06 08:08 GMT Legal pluralism is preferable, combining ownership-based and rights-based approaches while taking into account the needs of the poor, their financial constraints and the limited capacity of urban land administrations. This also implies a continuum of land rights, including freehold tenure, leasing arrangements, public ownership, group tenure, and informal tenure arrangements. Pilot-testing of a portfolio of options may be required.
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Re:Urban slum tenure security provision - 2009/05/06 11:15 GMT An issue was raised earlier in this forum on whether the question of slums is one of housing/shelter rights or land rights.This is an area worthy exploring since its answer will greatly contribute towards achievement of one of the millennium goals.The other issue is the preferred strategies for housing provision for purposes of creating a stock of affordable houses for all.
In the end legalizing different continuum of rights is correct but for urban slums the group tenure might provide a more progressive approach. This consideration is based on the fact that it is quicker to create a groups rights where the laws already exist.In addition financing, training, and labour is easier to organise once a group of people are bound together
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Re:Urban slum tenure security provision - 2009/05/07 12:02 GMT Land becomes sometimes a liability for the poor owners who can not afford the development cost.Specially in the developing world poor indigenous communities living in urban centres or in sub urban areas in their owned land move to distance places loosing their property due to the pressure of economic hardship.

This is an important issue to consider in entitling the slum dwellers. So it is more justified to include the poor in urban setting with land ownership emphasizing the best use of provided land to them.

The reform policy can adopt some supportive options for sustaining poor people in city with self reliance and sustainability such as low cost housing on rental or small installment payment system, enterprise or credit
financing including a secured income and employment scheme.

Public owned lands can be allocated for such project and public private partnership can implement such project.
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Re:Urban slum tenure security provision - 2009/05/08 12:40 GMT For the developing world, provision or enhancement of slum tenure security should not take the form of conventional titling. The Namuwongo Slum Upgrading Project in Uganda is a classical example, like many other projects which failed to provide security of tenure through conventional formal titling. The majority of slum dwellers just sold out the newly acquired leaseholds and invaded to a wetland adjacent to the project area, creating a worse slum settlement in a fragile environment.

I strongly support a menu of tenure options which embrace the concept of legal pluralism implying a continuum of land rights (Payne et al., 2008). The innovative approaches to tenure regularization and provision of tenure security in slum/informal settlements which you have quoted in the report are the way to go for the developing world.
It would be of great value to give more information on each of the mentioned approaches for other countries to assess and adapt as appropriate. Talk of best practices. Please include Uganda on the list of countries which have contributed to the richness of alternative, innovative and flexible approaches to titling, by issuing certificates of customary ownership (equivalent to freeholds) but which do not require the strict and costly conventional surveying and titling procedures.
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