Reviving dialogue on anti-eviction Bill

Photo: Trond Soras

Slum settlements are the visible face of urban poverty in Bangladesh. In the absence of initiatives by the public and private sectors to provide affordable and secure housing for the urban poor, slum living has become an unavoidable reality, and so has the threat of slum eviction. Thousands of slum dwellers suffer eviction from their homes and millions continue to live with the threat. It is estimated that between 1996 and 2004, 115 forced evictions took place across Dhaka, Chittagong and Dinajpur, making some 300,000 people homeless, while the year 2003-2004 saw 58 evictions take place.
Despite an acute housing shortage in Bangladesh (it is estimated that demand exceeded supply by six million housing units in 2004) and a declining trend in house ownership in urban areas, slums are being demolished without the provision of alternative shelter to their inhabitants. The reality is that forced eviction without relocation simply shifts poor people from one slum to another or leads to the development of other slums, depleting valuable housing stocks and land. This is particularly evident in Dhaka -- despite the number of slum evictions, the number of slums continues to increase.
Improved lives in slums and improved water and sanitation are two of the key targets of MDG 7. However, the fear of eviction discourages development organisations and donors from investing in slum improvement. It also discourages slum dwellers from investing in improvements to their own housing, services and infrastructure. Evicted slum households become even poorer through the loss of their physical and social capital. These factors create a vicious cycle of poverty.
Bangladesh is signatory to a number of international resolutions that protect the rights of slum dwellers. One such resolution, the "Global Strategy for Shelter to the Year 2000," states that all states have a fundamental obligation to protect and improve houses and neighbourhoods, rather than damage or destroy them.
In addition to its international obligations, the government of Bangladesh is also bound by national legislation to protect the rights of slum dwellers. The "National Housing Policy 1993" affirms the right to habitation and housing for all and compels the government to take steps to avoid forcible relocations or displacement of slum dwellers as far as possible. The Constitution compels the government to provide shelter for all and protect the right to life and personal liberty of all citizens. Many slum settlements are also protected from eviction by Stay Orders handed down by the High Court. Despite the existence of a comprehensive legal framework that protects the housing rights for all, the reality is that forced evictions continue to take place and rehabilitation and compensation are rarely provided.
There have been myriad initiatives and interventions by the government, development partners, NGOs and civil society to address urban poverty and the associated growth of slums. These interventions include (a) slum resettlement programmes, (b) slum improvement and development programmes (without tenure security), (c) government schemes to encourage slum dwellers to return to their villages, (d) legal interventions and protests against slum eviction, and (e) civil society advocacy for pro-poor urban policy and legislation to stop evictions. Sadly, none of these interventions have produced an adequate solution nor have they reduced the number of slum evictions.
The government's schemes in the late 1990s to encourage slum dwellers to return to their villages, with incentives such as loans and basic housing, failed through a lack of employment opportunities. The evicted slum dwellers gradually returned to the urban areas and the number of slums continued to grow. Currently, there is no government policy, programme or budget to construct affordable shelter for the urban poor or improve slum settlements.
In this context, the "Prevention of Eviction of Slum Dwellers and Unlawful Occupation of Government Land Bill, 2009," tabled by Mr. Saber Hossain Chowdhury MP, is of immense importance. It may take some time for the government to devise a long-term strategy and policy for low-cost housing for the urban poor, but in the meantime it is imperative that existing slums be protected and that land tenure security be provided to slum dwellers. International experience shows that providing tenure security encourages slum dwellers and development organisations to invest in shelter and slum improvement which, in turn, boosts progress towards achieving the MDGs.
"Prevention of Eviction of Slum Dwellers and Unlawful Occupation of Government Land Bill, 2009" was tabled in Parliament as a private member bill but as of yet it has not been examined by the Parliamentary Private Member Bills Sub-Committee. It is still unclear as to whether a private member's bill is the most effective approach or whether stakeholders should interact more closely with the relevant minister to produce a government bill on the issue. To date, private members bill on a range of important issues have raised debates but not proceeded far.
Experience suggests that the Anti-Slum Eviction Act alone may not be adequate unless (i) the government and private sector invest in low cost housing programmes; (ii) urban land management policy and practices are improved in light of growing demands for shelter by the urban poor; and (iii) housing needs of the urban poor are considered in the city's master plan. In addition to strengthening the existing constitutional and policy provisions, the enactment of an Anti-Eviction Bill will provide a strong legal basis to provide land tenure security and deter illegal evictions.
Before the bill is moved in Parliament, public debate is required to determine whether it should be directed only against eviction or whether it should also bring into focus issues such as compensation after eviction, participatory resettlement planning before eviction and national budget allocation for low cost housing for the urban poor and extreme poor.
The most critical step at this stage is an extensive consultation and public discourse on appropriate policy measures on land tenure security and low cost housing for urban poor. Collectively, these measures will encourage investments to improve lives and livelihoods in slums and help the government achieve the MDGs.

Kishore Kumar Singh, International Poverty Reduction Specialist, Urban Partnerships for Poverty Reduction Program (UPPR), UNDP, Bangladesh.

Pieter Bossink, Documentation and Best Practice Consultant, UPPR, UNDP, Bangladesh