SEMINAR ON RESETTLEMENT OF POPULATION Hosted by Corporación Antioquia Presente
Medellín - Colômbia November 06 – 07 / 2013
BRAZILIAN CONTEXT Intensive infrastructure development Increasing need of land and population resettlement Conflicts in areas under impact of major infrastructure works Denunciation to public prosecution, public defender, Housing Rights UN Rapporteur..... Absence of a specific legal framework at national level Families resettlement threated under environmental licensing scope Sectorial regulations – transportation, energy sector, urban infrastructure... Need to formulate guarantees and procedures for damage repair caused to families relocated due to engineering works
BRAZILIAN CONTEXT Housing as a social right – National Constitution and International Treaties with Brazil as signatory Formal owners of regular real estate property – current legal framework, civil and administrative
Preserves indemnification through expropriation Squatters - especially in impoverished areas, or precarious settlements, with families under medium and high vulnerability Inefficient safeguards No pacified understanding related to recognition of tenure in the Judiciary
MINISTRY OF CITIES – PROGRAMS AND ACTIONS Promote involuntary resettlement of families: HOUSING Slum upgrading SANITATION Water supply systems, sewerage and urban drainage
MOBILITY Urban transportation systems SLOPES Land slide risks – reduction and prevention
Ministry of Cities issues the Ordinance: “Portaria 317/2013” to regulate the subject
CONCEPT Involuntary Resettlement compulsory change of place of residence or exercise of economic activities, caused by the execution of works and engineering services and architecture, even when the offset is motivated by the elimination of hazard or unsanitary, or abandonment of areas unfit for human occupation, improving the quality of life and ensuring the right to housing of affected people
ELABORAÇÃO DO MARCO REGULATÓRIO Instances of participation for discussion and gathering suggestions to the text of the Ordinance:
31st Meeting of the Council of Cities: December 2012 International Workshop: 27 and 28 March/2012
Public Consultation: April 23 to 30 May/2012 32nd Meeting of the Council of Cities: June/2012
LEGAL FRAMEWORK - OBJETIVES
establish common line of action for managers MCidades formulate safeguards and procedures to repair the damage done to families that need to be displaced restore or improve the social, life and income of affected people
PROCEDURES study of alternative infrastructure works test different solutions and budget in order to eliminate or reduce the
number of people affected preparation of Resettlement Plan and Compensation Measures identification of eligible public - physical and socioeconomic cadaster/databank definition of adequate solutions for each family formalizing specific instance of participation and shared management establishment of mechanisms for conflict prevention and mediation social work with families set of actions (including socio-educational) estimates for repair/compensation costs secure funding sources
RANGE OF SITUATIONS Affected family classified by types of ownership and use: Owner of: residential property, commercial or mixed use (residential / commercial) Squatters occupying: residential, commercial or mixed use (residential / commercial) units more than one residential, commercial or mixed use (residential / commercial) unit Lessee of: residential, commercial or mixed use (residential / commercial)
APPLICABLE SOLUTIONS Applicable solutions as type of ownership:
Expropriation of property, according to current law Replacement of affected property Compensation for improvements Cash payment in the amount equal to at least three months' rent in a property to be leased under conditions similar to the original one
COMPLEMENTARY GUARANTEES Socially vulnerable families Adoption of measures for inclusion in public policies and social programs Transitory solutions Must meet minimum suitability requirements, health and sustainability of use during the period of occupation Assistance with rental voucher compatible with market prices It is open to states and municipalities incorporate voluntarily other alternatives and solutions, since guaranteed access to decent housing and necessary requirements for the restoration or improvement of previous social conditions of life and income of affected people
CHALLENGES Sensitization of leadership at strategic level of three spheres of government: Ministers, Governors, Mayors Build capacity at the three spheres of government in the tactical and operational levels: Secretaries, Directors, Managers, Technical staff Establish national regulatory framework, expanding the scope of current Ordinance (Portaria) to works executed by other ministries or government spheres
PRECARIOUS SETTLEMENTS Urban territories with varying dimensions and typologies, inhabited by low-income families and characterized by the presence of needs and inadequacies
Land and / or urban irregularity Deficiency of infrastructure Occupation of areas subject to flooding, landslides or other types of risk High levels of density of settlements and buildings combined with constructive precariousness of housing units Huge distances between the house and the work associated with inadequate transportation systems, expensive and with high level of discomfort and insecurity Failure of public services in general, especially sanitation, education and health
PRECARIOUS SETTLEMENTS Slums
Irregular low income settlements
clusters of households self-constructed, arranged in a disorderly fashion, dense and lacking in essential public services, occupying land owned by others
Tenement/collective housing, consisting of building sub-divided into rented accommodation or assigned; supercrowded and sanitation facilities for common use
Self-construction of housing units at the absence or scarcity of basic urban infrastructure
by lack of maintenance or because their execution by the government was incomplete, requiring rehabilitation and adaptation actions
Tenement housing
Old public housing complexes
CONCEPT OF INTERVENTION INTEGRATED: Incorporation of informal settlements into the formal city, integrated approach to urban, housing, land, social and environmental issues
INTEGRAL: Definition of a” polygonal area” where all works and services required to improve housing conditions will be implemented
•Meeting all the basic needs identified in the area, especially related to the elimination of hazards and minimizing overcrowding, reshaping the lay out of the occupation • Service to all residents at the time of project design • Ensuring effective arrangements for the stabilization of settlement grow and expansion • Adaptation or improvement of functional relationships between the area of intervention area and surroundings, especially the road system, in order to enable access to public services and emergency care
CONCEPT OF INTERVENTION URBAN INTEGRATION Set of sufficient actions to improve quality of the urban area of intervention: implementation of basic infrastructure, containment and stabilization of soil to eliminate risks, construction of public facilities and adequacy of the road system and land subdivision ENVIRONMENTAL COMPONENT Aiming to avoid new occupations in areas where families have been resettled, they shall be revitalized in accordance to natural topographic profile and local urban / social features
Billings/Guarapiranga – São Paulo
HOUSING
CONCEPT OF INTERVENTION
Aiming the reshaping of occupation lay out and minimizing overcrowding, some relocations might be required (in the same area) or resettlement (in other areas/close by) HOUSING IMPROVEMENTS Leverage investments made by families in their homes, reducing therefore the amount to be invested by the government
Rocinha – Rio de Janeiro
CONCEPT OF INTERVENTION SOCIAL WORK Actions to promote autonomy, social leadership and overall development of benefited population, in order to promote sustainable interventions
LAND REGULARIZATION Essential action, must occur in parallel with the construction of housing and infrastructure, both for the families that will remain in consolidated areas and for the relocated ones
COMPLEXO DO ALEMÃO – RIO DE JANEIRO/RJ Sewer, water, paving and drainage
Mobility: opening pathways and cable car
Equipment:
Emergency Unit UPA
Reference Center for Youth Houses
Income Generation Centre
Legal Support Centre
High School,
Library
01 Nursery, 01 Mall
01 Family Health Care Unit
02 Multisport Courts
LEFT MARGINS OF ANIL RIVER – SÃO LUÍS/MA Before
After
Urban mobility and environmental recovery
VILA DA BARCA – BELÉM/PA Before
After
MACIÇO MORRO DA CRUZ – FLORIANÓPOLIS/SC
Contenção de encostas
Sewer, water, paving and drainage
HELIÓPOLIS – SÃO PAULO/SP
Macro drainage
Sewer, water, paving and drainage
Infrastructure
PARAISÓPOLIS – SÃO PAULO/SP Sewer, water, paving and drainage
Technical school, sports court, child care and health center
Gracias! Mirna Quinderé Belmino Chaves Diretora do Departamento de Urbanização de Assentamentos Precários Tel: + 55 61 21081652 mirna.chaves@cidades.gov.br SAUS - Quadra 01, lote 01/06, bloco "H", Ed. Telemundi II CEP - 70070010 – Brasília/DF