THE SUM OF ALL ACTIONS

1. THE SUM OF ALL ACTIONS Dynamic Responses to the Housing Challenges of the Poor

2. YUVA, India 2 Ensuring the Right to Housing General Comment No. 4 of the Committee on ESCR: �The Right to Live In Security, Dignity & Peace� Habitat International Coalition: The Right to Adequate Housing as a combination of core rights and congruent rights Millennium Development Goal 7: Atleast 100 million slum dwellers will achieve significant improvement in their lives by 2020 The Right to Housing in India is defined by judicial interpretation rather than any direct guarantees in the Indian constitution. The right to housing is associated with the �right to life�. In contrast, the Constitution of South Africa is explicit in guaranteeing universal access to adequate housing and prohibiting forced evictions.

3. YUVA, India 3 Implementing the Right to Housing 1950s�60s: Emphasis on clearance of settlements,provision of minimum services to informal settlements as a temporary measure 1970s: Emphasis on slum improvement through provision of basic services; Introduction of the Urban Land Ceiling Act which was eventually repealed in 1998. 1980s: Recognition of security of tenure in solving problems of informal settlements; Influence of international developments in housing rights; Acquisition of vacant lands for social housing; tabling of the draft national housing policy; introduction of major housing schemes for the rural poor

4. YUVA, India 4 Implementing the Right to Housing 1990s: The National Housing Policy of 1994 highlights the prevention of forced eviction, promotion of in-situ upgradation, slum renovation and conferment of occupancy rights, where feasible The Draft National Slum Policy of 1999 advocates the integration of informal settlements in the city and the right of citizens to participate in decision making The 73rd and 74th Constitutional Amendments strengthen local governments and provide further spaces for direct participation in decision making for citizens

5. YUVA, India 5 Role of Civil Society Prominence of civil society in advocating right to housing emerged in late eighties, in response to large scale forced evictions and displacement across the country Formation of the National Campaign on Housing Rights (NCHR), which was instrumental in making housing a national agenda, and contributing to Habitat (UNCHS) Alliances with regional and global partners through networks such as the ACHR,COHRE,HLRN and HIC

6. YUVA, India 6 The New Millennium: Changing Realities Housing recognized as a combination of social, economic and political entitlements and given renewed significance by the Millennium Declaration and events for global solidarity such as the World Social Forum On the ground, the urban �battlefield� for housing shifts to smaller, but rapidly developing fringe cities where repression by local mafia and authorities is both brutal and unregulated. Contradictions in purpose as organizations make the shift from people�s advocates to consultants of state and MDBs. Danger of transition from Housing as a verb (implying the process of empowerment and holistic approach) to Housing as a noun (representing commodification and a transactional approach)

7. YUVA, India 7 The New Millennium: Challenges to Housing Rights Commodification of Land Difficulties of reconciling economic pressures on land with broader social access to housing, infrastructure and environment apparent Development related displacement and sheer lack of compensation or rehabilitation highlighted through people�s movements such as Narmada Bachao Andolan and the National Alliance of People�s Movements Impact of the systematic dilution and amendment of policies regulating land, environment and labour through the Structural Adjustment Program experienced

8. YUVA, India 8 The New Millennium: Challenges to Housing Rights Commodification of Land In the urban context, housing is provided industry status, social controls on profiteering amended, increased speculation in urban and fringe-urban lands, opening of township development to the private sector In the rural context, deprivation of customary access to natural resources that sustain almost every aspect of life People are forced to take recourse in �illegal� measures for shelter to which landowners, developers and the government respond with forced eviction and demolition. Assertion of rights through people�s organizations are met with repression.

9. YUVA, India 9 The New Millennium: Challenges to Housing Rights Deregulation of Labour, Markets and Services Relaxation of labour laws in favour of dispensability of workers and maximization of profits; Opening up of domestic market without adequate protection for local, small scale producers Increase in costs of goods and services due to cuts in subsidies, move towards commercial exploitation of public services through the instrumentality of World Trade Organization Private ownership of rivers, outsourcing of various processes of procurement, treatment and distribution and unregulated use of ground water are disturbing practices in the present context of India

10. YUVA, India 10 The New Millennium: Challenges to Housing Rights The New Homeless A new class of deprived have emerged whose vulnerability is much higher than the average poor. These include street children, single women, migrant workers, persons affected with HIV/AIDS and the aged who are the first to be ejected from the home in the struggle for survival. Religion becomes a basis for socio-economic discrimination, as proved by indicators of the National Survey Organization. The average Muslim Indian is not only more disadvantaged than other marginalized communities (such as the Dalits) but has also suffered a lower standard of living in the last decade, including land ownership, education and employment

11. YUVA, India 11 Making A Difference The Resettlement of Bhabrekar Nagar, Mumbai Legislation and programs can be relevant only if supported by education, mobilization and strategic action. This case represents the use of the Human Rights framework and strategies of solidarity, information and advocacy to obtain an unprecedented directive for resettlement. The demolition of Bhabrekar Nagar, a slum in North Mumbai, in June 1997 was one of the most brutal in the city, held over 6 days and resulting in the eviction of 65,000 people (12,000 families). It was motivated by the interest of developers in acquiring the land on which it was situated

12. YUVA, India 12 Making A Difference The First Step: Search for Facts Information Centres were set up, a simple census and mapping exercises were undertaken to collect accurate data on the social and economic consequences of the eviction. This information provided the critical base for further action Multi Level Advocacy A Fact Finding Mission was conducted by the HIC, which established that a thriving community was destroyed without justifiable reason. The Mission invited the NHRC to investigate the case. The NHRC conducted an independent enquiry and recommended appropriate rehabilitation of families with legal proofs of residence, to the Chief Minister and Collector.

13. YUVA, India 13 Making A Difference Building Public Opinion A public campaign targeting housing rights organizations & networks, the media and the state legislature was undertaken. As a result, almost 30,000 people marched to the State Legislature to submit a memorandum of demands for resettlement, and against evictions Creating a Legal Precedent Key politicians were educated through briefings and photo exhibitions. The eviction of Bhabrekar Nagar was the opening subject of the monsoon session of the State Legislature, and caused a halt in proceedings for two consecutive days. On the third day, the government conceded to resettlement.

14. YUVA, India 14 Making A Difference Community Action Planning The State Government allotted land for the resettlement of 732 families in the first phase with pitch size of 150 sq. ft. per family. It also committed a sum of Rs. 9.8 million (approx. US$ 217,777) for the development of civic amenities The Community Action Planning process, with its emphasis on right to information and participation was the organizing principle of the resettlement period. Planning for land utilization and housing was undertaken with different sections of the community, and proposals included individual amenities for all households and the re-clustering of houses

15. YUVA, India 15 Making A Difference Community Action Planning The formation of people�s organizations for the negotiation of rights with the government and people�s institutions, for the management of community resources were the key instruments of the process The Bhabrekar Nagar Sangarsh Samiti, the Stree Manch and Bal Adhikar Sangarsh Samiti represent the community in planning and negotiations. The formation of housing co-operatives of 20-30 families is the nucleus for the management of services and infrastructure, access to housing subsidies and initiation of savings groups

16. YUVA, India 16 Making A Difference Present Status: 2004 In contrast to the advocacy period, the process of resettlement is painstakingly slow and fraught with administrative hurdles. Access to civic water through community stand-posts came as late as December 1998, almost a year after resettlement was granted. Three toilet blocks followed six months later. Facilities for waste disposal were made available in 2003 Explicit government support for the project came through in 2000, when YUVA was appointed as key implementing agency and additional technical and financial assistance was provided through the Central government. However, restrictions on development on the site continue to hamper the pace of resettlement

17. YUVA, India 17 Making A Difference Lessons Learnt The shift from advocacy to reconstruction required a considerable shift in operational skills and methods, not to mention the challenge of working �with� the system, instead of outside it. The experience however reaffirms that there is no singular solution to achieve a right as basic, and yet as complex, as the human right to housing. It highlights the significance of human rights education and human rights law in creating the understanding of housing as a right, which needs to be negotiated - rather than as a �gift� provided by patronage.