A/HRC/34/51/Add.1
26.
Although units vary in size depending on the project, many new builds offer units
that are not more than 30 square metres, regardless of family size. Concerns were raised
with the Special Rapporteur, including by some developers themselves, that the units are far
too small for families with five to eight members, the average size of many informal
settlers’ households. Overcrowding, it is feared, will quickly lead to deterioration in the
rehabilitation sites.
27.
Barriers to accessing the scheme and similar state-sponsored in situ rehabilitation
programmes were also brought to the Special Rapporteur’s attention. The scheme is open
only to those who can prove they have resided in the listed informal settlement since before
the cut-off date,23 essentially disqualifying new arrivals. Moreover, even for those who have
resided there for some time, the requirements for proof of residency can be difficult to
meet, given the barriers to acquiring adequate and necessary documentation, such as voter
identification card, identity cards or ration cards for social benefits to support residency
claims. The Special Rapporteur was told by developers that the barriers coupled with
affordability issues has resulted in approximately 20 per cent of informal settlement
residents being unable to access the scheme.
28.
The Special Rapporteur visited several residents currently living in rehabilitated
units in Bengaluru and Mumbai. In terms of basic adequacy, the units were all far superior
to the informal settlements previously occupied by the residents. Those interviewed by the
Special Rapporteur recognized the positive impact of their new homes, as for the first time
they were experiencing security of tenure. Some expressed a new sense of self, having been
transformed from an “encroacher” to a rightful resident. Many felt that they were no longer
looked down on within their broader community. That is a significant improvement for
those who have successfully accessed the scheme.
29.
An overarching and commendable principle in some rehabilitation and
redevelopment schemes undertaken by states is the shift away from treating residents as
“encroachers”, “squatters” or otherwise illegal occupants, towards the notion that some
residents of informal settlements deserve property rights and a decent — and formalized —
place to live. The schemes recognize that most often it will be in the best interest of
residents of informal settlements to remain on the lands where they have lived for several
years, close to where they are employed, attend school and access health services.
30.
The Special Rapporteur was concerned to learn of cases in which residents have
been left in transit camps for over three years awaiting rehabilitation and, worse yet, cases
in which developers, despite having received the tender from the respective government
department, have failed to build the rehabilitation units. There does not appear to be an
established time limit within which the rehabilitation must take place. Since there are
numerous agencies involved in the scheme, effective coordination is not always the norm
and without clear accountability mechanisms, residents can be left in limbo for years. As a
nationally driven scheme with state level implementation, there is also some concern that
there are inconsistencies in terms of quality and efficiency of implementation between
states.
31.
Under the Ministry of Urban Development, the Smart Cities Mission is intended to
provide core infrastructure and enhanced quality of life in 109 cities in the country by 2020,
with an allocation from the central Government of Rs 48,000 crore (around US$ 7.3 billion)
over five years. The stated objectives, many of which are in keeping with the right to
adequate housing, are to combine economic and population growth with the concept of
clean and sustainable development. Core infrastructure includes affordable housing,
especially for the poor, water, electricity and sanitation supply, solid waste management,
23
Cut-off dates are established at state or city level and vary accordingly.
9