A/HRC/25/54
Tenure Network (GLTN), enables the recording of multiple forms of individual and
collective tenure, overlapping rights, and irregular spatial units in urban settlements.37
33.
States, public and private utilities and service providers, businesses and other actors
should recognize and respect the tenure rights recorded in settlement information systems,
on an equal footing to established land cadastres and registries.
34.
Professional technicians, including surveyors, planners and notaries, and the use of
technology, such as satellite imagery and global positioning systems, should serve to
facilitate community mapping and tenure-recording processes, and not pose an obstacle to
the establishment of accessible and affordable land administration systems.
35.
States should establish, in consultation with communities, a local dispute resolution
mechanism, which is socially legitimate and culturally appropriate, to address disputes that
arise during these processes. Dispute resolution mechanisms should be impartial, fair,
competent, transparent and human rights-compatible, and affordable and accessible to all.
Negotiation and mediation between parties to a dispute should be encouraged wherever
possible in order to promote mutually beneficial outcomes that secure the tenure rights of
all parties.
D.
Prioritizing in situ solutions
36.
There are legitimate circumstances in which resettlement in a manner consistent
with international human rights law may be appropriate to protect the health and safety of
inhabitants exposed to natural disasters or environmental hazards, or to preserve critical
environmental resources. However, the misuse of regulations aimed at protecting public
health and safety or the environment to justify eviction of poor households in the absence of
genuine risk, or when other options are available, is contrary to international human rights
law.38
37.
Where a genuine risk to health and safety or the environment exists, prior to any
decision to evict being made, States must explore all feasible alternatives in consultation
with affected persons. Specifically, States should use all resources at their disposal,
including through international assistance, to explore in situ alternatives to mitigate and
manage risks, regardless of the tenure status and housing standards of inhabitants unless the
inhabitants prefer to be resettled to alternative adequate housing.39
38.
Precarious housing structures in hazard-prone areas, such as along fault lines, on
steep slopes or on river banks should be prioritized for incremental upgrading for current
inhabitants, whenever feasible. States should explore technical options, like the
construction of embankments and retaining walls, to transform the area into a safe location
for housing. For example, a participatory project in the Lower Lempa River Valley in El
Salvador led to the construction of safer houses with relocation of people living in
particularly hazardous areas, improved woodland management as a natural buffer to floods,
37
38
39
Model used in Mbale under a joint project of the Ugandan Ministry of Land, Housing and Urban
Development, GLTN, UN-Habitat and Slum Dwellers International. See
www.gltn.net/index.php/land-tools/social-tenure-domain-model-stdm.
For standards on resettlement under international human rights law, see Committee on Economic,
Social and Cultural Rights, general comments No. 7 and No. 4; and the Basic Principles.
Ibid.
13