ANNEXES
to the second criteria, human rights, into consideration, because the lives of inhabitants, and their rights to shelter, education, employment, health, etc. were at stake. At the end of the debate, even the government officials agreed that the justification for evictions should be based not only on legal provisions, but also on social considerations of the settlers. Examples of recent evictions, Karura Forest, Spring Valley, Mombasa Airport, were referred to. II.1.1. Multi-stakeholder involvement (Table 2; Component 1)
The Ministry of Land representatives noted that there was multi-stakeholder involvement in cases where government projects were at stake. Apparently, during the land clearance for building the planned highways, several stakeholders were involved. However, according to the NGO representatives, stakeholder involvement was only practiced when bilateral or multilateral organizations are among concerned actors. In all other cases, stakeholders are not involved at all. The overall score demonstrates a less-than-average security of tenure: 2/5. II.1.2. Process prior to evictions: (Table 2; Component 2) Consultation/Justification/Notification/ Recording/Compensation-relocation
,versus its implementation, reveal that the overall security of tenure is very low, 2 out of 15, for the processes prior to evictions. Consultation: Like in Saõ Paulo, the scores given to this question revealed the weakest link of the legal and institutional framework in Nairobi. The only legal obligation of the parties to initiate evictions was to use the official gazette as the conduit of ‘informing’- that was applicable only for the formal owners of land. Justification: The EG was convinced that, more often than not, evictions did appear justified, especially when public projects were at stake. However, there was also a general scepticism as to the ulterior- profit- motive behind the decisions to evict, which may not necessarily have justified the uprooting of hundreds of thousands of people from their communities. Notification: The Expert Group assessed that this responsibility was not fulfilled on the evictions practiced for cases of informal ownership.
The EGM scores broken down by: i) formal versus informal land arrangements, and, ii) the existence of legislation Table A.4. LIFI – Remedial programmes: regularisation and prevention Land
People
Final score
5
2
2/5
Legislative and policy enforcement Constitution and land laws protect occupants and their possession rights Coherent, unambiguous and non-contradictory land laws and land-use practices that are propoor oriented
2/5
Gap between practice (de facto) and legal (de jure) systems
2/5
Equality of access to tenure Laws of property inheritance and property registration are non-discriminatory Co-tenure registration of multiple household members is possible
Theory
Practice
2.5
1
1.75
2.5
Households have inheritance and development rights
1
Renters have tenure security according to clear regulations and rent is regulated
2.5
67