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WORKING WITH PARLIAMENTARIANS STRATEGY AND ACTION

United Nations Human Settlements Programme

NAIROBI 2010

WORKING WITHPARLIAMENTARIANSS T R A T E G Y A N D A C T I O N


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WORKING WITH

PARLIAMENTARIANSS T R AT E G Y A N D A C T I O N


NAIROBI 2010


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Working With Parliamentarians - Strategy and Action

Copyright United Nations Human Settlements Programme 2010

All rights reserved

United Nations Human Settlements Programme (UN-HABITAT)

P. O. Box 30030, 00100 Nairobi GPO KENYA

Tel: 254-020-7623120 (Central Office)

www.unhabitat.org

HS Number: HS/194/10

ISBN Number: (Volume) 978-92-1-132294-1

DISCLAIMER

The designations employed and the presentation of the material in this publication do not imply the expressionof any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any

country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers of boundaries.Views expressed in this publication do not necessarily reflect those of the United Nations Human SettlementsProgramme, the United Nations, or its Member States. Excerpts may be reproduced without authorization,onondition that the source is indicated.

ACKNOWLEDGEMENTS:

Contributors:Paul Taylor, Nicholas You, Aluouine Badiane, Oyebanji Oyelaran - Oyeyinka, Raf Tuts, S. AnanthaKrishnan, Wandia Seaforth, Lucia Kiwala, Njoki Ngungu, Wanjiku Nyoike

Design and Layout: Peter Cheseret

Printer:UNON Printshop

Principal Author: Markandey Rai, Chief, Global Parliamentarians and Trade Unions


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TABLE OF CONTENTS

Foreword 5

ACKNOWLEDGEMENT 6

OVERVIEW 7

INTRODUCTION 8

BACKGROUND 9

PARTNERS AND YOUTH BRANCH 13

PARTNERING WITH PARLIAMENTARIANS 15

INTER-GOVERNMENTAL PARLIAMENTARY ASSOCIATIONS 22GENDER AND HUMAN SETTLEMENTS 26

SUCCESS CRITERIA 27

CONCLUSION 28

EXAMPLES OF GOOD PRACTICES IN LEGISLATION DEVELOPMENT 30

REFERENCES 35


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Slum residents collect water in Nairobi, Kenya in Mathare slum where residents of Mathare slum are facing seriouswater shortage. Photo UN-HABITAT/Julius Mwelu


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With over half of humanity now residing in cities, rapidurbanization continues to present itself as one of the biggestchallenges of the 21st century. Many developing countries

continue to struggle with the influx of its citizens from the rural areas intocities in search of a better life. More often than not, cities do not havethe capacity to handle the necessities accompanied by the rural to urbanmigration, let alone handle the natural population increase generatedby existing residents within cities. This causes stress on infrastructureand basic services. It results in inadequate housing, congested transport

networks, poor water and sanitation. It also leads to higher energydemands and more urban pollution, a major contributor to climatechange.

Cities are the social, political and economic hubs of countries. Yet withabout one quarter of the worlds urban population living in urban slumsand other sub-standard housing conditions, the stresses will grow andgrow unless we can find ways to help cities reduce poverty, and attractinvestors.

This is where networks between Parliamentarians and UN-HABITAT remaincrucial to the implementation of the Habitat Agenda. Parliamentariansare the representatives of the people and they have an in-depth

understanding of their problems. Parliamentarians have the mandateand are in a good position to influence governments national policiesand budgets. They can also help secure government funding for urbandevelopment projects that tackle urban poverty.

I recognize that through collaboration and partnerships withParliamentarians that many of the negative impacts of rapid urbanizationcan be mitigated. The Habitat Agenda is more likely to be achieved withthe help of Parliamentarians.

This publication provides an innovative strategy and action planthrough which Parliamentarians and UN-HABITAT can help see to it thatgovernments stay on course in their commitments to cities, especially

in addressing the conditions of the urban poor. It is important readingfor any Parliamentarians and other elected official working to achievesustainable cities.

Joan Clos,

Executive-Director, UN-HABITAT,Undersecretary-General of the United Nations.

FOREWORD


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In many cities, especially in developing countries,slum dwellers number more than 50 percent of thepopulation and have little or no access to shelter,

water, and sanitation, education or health services.Nearly all future urban population growth will occurin Africa, Asia, and Latin America the regions leastprepared to deal with rapid urbanization creatingdisease, crime, pollution, poverty and social unrest.

Because human settlements is a state subject, every

state is responsible for the formulation of policy withregard to programmes and approaches for effectiveimplementation of human settlements schemes,particularly those pertaining to the poor, marginalizedand disadvantaged in society.

Parliament is the organ that debates and approvesthe national budget which includes contributionsto international organizations and local authoritiesby providing funds for their programmes anddisbursements for services and projects set up byeach country to implement international agreements

and national policies. What better way to achievethe goal of sustainable urbanization other thanthrough parliamentarians, who can achieve thebiggest leverage with their governments? Although

UN-HABITAT has and continues to partner withcommunity-based organizations and the private sector,the role of parliamentarians as the main actors inpolicy making cannot be underestimated.

UN-HABITAT is responsible for partnering withparliamentarians in the formulation of policies andstrategies to create and strengthen a self-reliantmanagement capacity at both national and local levels.

THIS PUBLICATION BROADLY COVERS:

An overview of the UN-HABITAT and humansettlements with a specific focus on its Partnersand Youth Branch

An outline of the role of parliamentarians in theachieving sustainable human settlements

Recommendations on ways in which thePartners and Youth Branch can partner withparliamentary associations and parliamentariansin achieving sustainable human settlements

development in an urbanizing world

OVERVIEW

Participating parliamentarians during the 6th Global Forum of the GlobalPaliamentarians on Habitat. 20 March 2010, Rio de Janeiro, Brazil. Photo Peter Gtz


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meeting realized the need for preventive action andplanning to offset effects of climate change throughmass action. Parliamentarians were sensitized on theirresponsibility to create public awareness and developpolitical goodwill towards harmonious urbanization.

WUF5:This ran 22-26 March 2010 in Rio de Janeiroon the overall theme of the Right to City: Bridgethe Urban Divide. It was attended by more than13,000 participants from 150 countries around theworld, which gave a clear message that sustainableurbanization is very important.

The open and frank debate produced a fresh rangeof interesting ideas for policy and practice thatenhanced the ideals enshrined in the Habitat Agenda.A highlight of the forum was the launch of the WorldUrban Campaign to elevate to a new level the driveby UN-HABITAT and its partners for better smarter,greener and more equitable cities. It forged effectivepartnerships between and with the public, private andcivic society actors.

The Global Parliamentarians on Habitat (GPH),together with the Parliamentarians Unit of UN-HABITAT, organized a round table meeting of globalparliamentarians on climate change and humansettlements as a continuity from the previous WUFsession in Nanjing, China in November 2008.

The parliamentarians round table was attended by a

large number of parliamentarians, ministers and otherpolitical leaders. The speakers were carefully selectedfrom all regions of the world. Anna Tibaijuka, theExecutive Director of UN-HABITAT, in her statementset the direction for parliamentarians to address theclimate change vis--vis rapid urbanization. She calledupon the parliamentarians to adopt climate changeand set aside adequate funds. She put more emphasison solar and renewable energy for use which isexpensive and requires relevant legislation and subsidymechanism.

The issues emerged from the round table discussioncan be summarized as:

Several participants raised the importance of givinglocal authorities the freedom to enact appropriatelegislation to deal with issues related to climatechange. At present, only the central governmentshave the legislative power.

Introduce laws to ensure that in the preparationof the project plans and budgets, central and localgovernments allocate a certain percentage of thebudget to environmental planning and disastermanagement

Ensure that measures to address the impacts ofclimate change and its implications for humansettlements such as proper urban planning, climate

change adoption and mitigation measures contrib-ute to right to the city and lower the urban inequity


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PARTNERING WITH PARLIAMENTARIANS

WHAT IS PARTNERSHIP?

Partnership is the engagement of like-mindedorganizations/institutions by seeking their activeparticipation and cooperation with a view to

pool wisdom, skills, knowledge towards achievinga common goal. This brings about complementaryactions among like-minded organizations and mutualsupport of the common objectives, hence a reducedcost of implementation.

Parliamentarians are the elected representativesof the people in all their diversities, they have aresponsibility to influence and help shape governmentpolicy. A partnership between UN-HABITAT andparliamentarians would help facilitate drafting andamendment of legislation and the restructuringof institutions and structures that support humansettlements development.

WHAT IS STRATEGIC PARTNERSHIP?

Strategic partnerships are voluntary and collaborative

relationships between the government, privatesector, civil society and other organizations in whichparticipants work together to achieve a commonpurpose or to undertake a specific task, sharing risks,responsibilities, resources, competencies and benefitswhile committing to mutual accountability. UN-HABITAT is involved in several strategic partnershipsthat advance the Habitat Agenda and that help inachievement of Millennium Development Goals.

These partnerships must be:-

1. Efficient and effective

2. Transparent and accountable.

3. Diverse and Representative

4. Addressing the UN-HABITAT mandate

ROLE OF PARLIAMENTARIANS

IN ACHIEVING SUSTAINABLE

URBANIZATION

Parliament is a vital institution in promoting goodgovernance. It however does not operate inisolation from the Judiciary and the wider society;

it is the relations among these that provide theoverall governance framework of a given country.In fact, governance goals of greater accountability,transparency and participation are directly related tothe primary functions of parliament which include:

1. Making policies and laws

2. Overseeing the executive3. Representing citizens

Partnerships with Parliamentarians assist inmainstreaming issues of shelter and urban povertyreduction into national policies. What is expectedis coherent action by governments in delivering ontheir promises, and by parliamentarians in holdingtheir governments to account. Parliamentarians arein charge of making governments, particularly theexecutive branch, accountable to their internationaland policy commitments and they play a direct and

critical role in the improvement of the lives of slumdwellers through the adoption of the laws and policiesin their respective countries.

Peter Gtz, Member of the German Bundestag and und President

of the Board of the Global Parliamentarians on Habitat (GPH) duringthe 6th Global Forum of the Global Paliamentarians on Habitat 20March 2010, Rio de Janeiro, Brazil. Photo Peter Gtz


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poverty, rapid urbanization, lack of housing creditfacilities, proper legislation, lack of good governanceand planning are among the reasons that aggravatethe problem. Women and children are mainly affectedas a result of poor planning and bad governance at thegrassroots level.

It is necessary to improve low-income communities, tobuild and improve their living and housing conditionsby providing education, training and technicalassistance on land rights, housing construction, savingsand credit schemes and self-help in both rural andurban areas. It is the work of the parliamentariansto ensure that the laws are enacted to address theseissues.

B. LAND

Land is essential for the provision of food, water andenergy for many living systems. In rapidly growingurban areas, access to land is made increasinglydifficult by the competing demands of housing,industry, commerce, infrastructure, transport,agriculture and the need for open spaces and greenareas plus the protection of fragile ecosystems. Thereneeds to have specific urban and regional policiesaddressing the various legal, economic, financial andcultural needs of the population. Innovative methods

need to be created for urban planning, design,development, revitalization and management.

The principle difficulty associated with the provisionof housing in developing countries is the problemof ensuring land supply. In poor countries, strongevidence links the combination of high populationgrowth, rapid urbanization and land scarcity tothe potential for violent conflict. Struggles fornatural resources such as land have repeatedly beenaccompanied by social and political violence asperceptions of unfairness stemming from subsistencedesperation and a sense of helplessness triggers

violent uprisings. While high population density andlow natural resource availability do not automaticallyengender violent conflict, if not managed properlythey may well become one of its major driving factors.

When developing housing and urban policies,parliamentarians can ensure that the adoptedframework is based on land property rights whichrecognize security of tenure especially to the urbanpoor. In case eviction of persons is being considered,the member of parliament should ensure that it is doneaccording to the law without rendering individualshomeless or violating their basic human rights.

C. ENERGY AND TRANSPORTATION

Transport is the structural element of an economy thatfacilitates the flow of goods and services between

buyers and sellers and includes assets such as roads,railways, airports, ports, power systems. Rapidurbanization poses great challenges to the efficiencyand effectiveness of transportation systems andthe energy sector that powers most cities. In manyinstances there is overcrowding in bus stations andheavy traffic during rush hour which adversely affectsthe performance of cities.

Transport remains a necessary condition for andcatalyst to urban development, as it facilitates forthe exchange of goods and services which in terncontributed to the economic growth of cities.

Urban transportation makes possible the expansionof cities and provides their inhabitants with access toemployment, services, shelter and other opportunitiesessential for their economic and social advancement.Development of urban transportation should be madea key priority by governments of developing countries.Few large cities in developing countries are able tomeet the expenses associated with the demand fortransport infrastructure and services. In the cities ofmany developing countries traffic congestions andspace constraints further inhibit the possibility of

massive infrastructure development.Parliamentarians are the leading force to help developthe infrastructure by mobilizing local and internationalresources. They can introduce regulatory legislationas well as lobby for support by the citizens of theircountries living abroad in development of their countryof origin either by providing capital or the muchneeded talent and skills.

D. CITIES AND CLIMATE CHANGE

The severe ongoing change in climatic patterns facedby a majority of cities in developing countries hasadverse effects on the well being of their citizens. Inparts of Africa and Asia climate change has presenteditself in the form of severe floods which cause manyproblems for many of the informal settlements thatcontinue to sprawl. With the floods come diseasessuch as cholera, malaria and diarrhea which can causedeath, especially in children, despite the fact that theycan be easily treated. Floods also damage many of thepoorly-constructed homes in the slum, deterioratingeven further the deplorable living conditions.

In addition, smaller coastal cities, especially thosein developing countries and in small island nations


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The Group appreciates that, to achieve the MDGs,good relations with parliamentarians with humansettlements issue in their agenda is inevitable. Inthis regard, it organizes conferences to reviewachievements of parliaments and make new strategiesand programmes for the implementation of theHabitat Agenda at global, regional and nationallevels. Parliamentarians have the role of ensuringthat commitments made at Global Forums forParliamentarians are kept.

Global Parliamentarians on Habitat could lobby for theformation of national groups of Parliamentarians onHabitat in each country, to promote and/or examineways of assisting the implementation of the HabitatAgenda as well as organize meetings for all these

groups to facilitate the exchange of information andexperience.

THE WORLD URBAN FORUM

(WUF) AND THE GLOBAL

PARLIAMENTARIANS ON HABITAT

(GPH).

In collaboration with the parliamentarians of the WorldUrban Forum hosting country, the group organizes aparliamentarians round table, a session that provides

parliamentarians with an opportunity to take stock ofkey successes and their challenges in their contributionto human settlements.

The WUF IV round table strengthened the workingrelations between the GPH and the UN-HABITAT andbrought out a positive aspect of globalization. Theparliamentarians present underscored importanceof legislation that was favorable for sustainableurbanization and felt that parliamentarians should usetheir oversight role to ensure resources are used forthe intended purpose and they should be pro-active in

ensuring that the policies they enact are implementedand adequate budgetary allocations are made.

The GPH should promote dialogue at all levels,together with the exchange of experience and thecollections of good practice since this are highlyimportant in engaging parliamentarians.

ACHIEVEMENTS OF THE GPH

1. The GPH has organized six global fora ofparliamentarians and several regional councils that

have been used as platforms for parliamentariansto share success stories good practices and policy

approaches

2. It has maintained collaborative links with the LatinAmerican and the European Parliaments

3. African and Asian chapters are revitalized andbecoming more active in promoting the HabitatAgenda in their regions

THE INTER PARLIAMENTARY UNION

(IPU)

The IPU is the international organization of Parliamentsof sovereign States (Article 1 of the Statutes of theInter-Parliamentary Union). It was established in 1889.

The IPU is the focal point for worldwide parliamentarydialogue and works for peace and cooperationamong peoples and for the firm establishment ofrepresentative democracy. A total of 150 nationalparliaments are currently members of the IPU.

For the IPU the concept of sustainable developmentencompasses such other vital issues as humandevelopment, social and economic justice andadvancement of democracy. Protection of theenvironment has long been a concern of the IPU, andits actions in this field are carried out in the frameworkof sustainable development.

The first worldwide Inter-Parliamentary Conferenceon Environment held in 1984 in Nairobi advocatedthe inclusion of environmental protection in thedevelopment process. Environmental problems suchas water, waste management or measures required tochange consumption and production patterns havebeen considered by statutory conferences of the IPU.

The IPU supports the efforts of the United Nations,whose objectives it shares, and works in close co-operation with it. It also cooperates with regionalinter-parliamentary organizations, as well as

with international intergovernmental and non-governmental organizations which are motivated bythe same ideals.

ASSOCIATION OF EUROPEAN

PARLIAMENTARIANS FOR AFRICA

(AWEPA)

AWEPA is an international organization that supportsand strengthens effective functioning of parliamentsin Africa and works to keep Africa high on the political

agenda in Europe. AWEPA works to reduce poverty,improve livelihoods and defend human rights in


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Success will be seen as the following points beingachieved:

1) Development of strategy papers, publicationsand a tracker of good practices in legislation onhuman settlements.

2) The Units staff to attend parliamentariansworkshops and conferences to network HabitatAgenda goals.

3) The Unit to keep a record of best practices inhuman settlements legislation and serve as aninformation clearing house during the draftlegislation on human settlements.

4) The successful reorganization and revitalizationof the African/Asian Chapter and a follow up onexisting chapters with details of what legislationhas been passed and is in the pipeline.

5) Development of action plans for countries and theguided implementation of these plans.

6) An updated database of parliamentarians who

have been trained in various human settlementsrelated issues.

7) An agreement signed with parliamentaryassociations for commitment to promote humansettlements in their regions and member countries.

8) Revival of the African ParliamentariansConference.

SUCCESS CRITERIA


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An aerial view of affordable housing in Uberlandia, Brazil.Photo UN-HABITAT/Alessandro Scotti


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Country Constitution Law Provision

Requires that local government rectifyinadequate housing conditions or, as the casemay provide for housing when inadequateor non-existent housing causes the needfor special child welfare or constitutes asubstantial hindrance to the rehabilitation ofthe child or family.

France: 1990 Article 1. Law90/449 of 31 May1990 (Law Aimedat the Right toHousing)

The guarantee of a right to housingconstitutes a duty of solidarity for the nationas a whole. Any person or family findingdifficulties because of the inability of his [orher] resources to meet his [or her] needshas the right to collective assistance under

conditions fixed by law that will ensure accessto decent and independent housing where he[or she] can maintain himself.

Germany Article1(1), Articles20(1) and 28(1)

Gives rise to the homeless persons subjectiveright to be allocated accommodation enablingher/him to lead a dignified existence.

India Slum DwellersProtection Act

Confers tenure to landless persons in urbanareas who had settled on land plots of lessthan 50sq metres for a prescribed period.

Korea HousingConstruction

Promotion Act(1972)

Calls for provision of the construction and thesupply of dwelling units for persons who lack

housing.

Mexico Article 4 States that every family has a right to enjoydecent and proper housing.

NewZealand

Protects tenants against unfair eviction and itprovides housing for those on low incomes.

Nicaragua Article 64 States that Nicaraguans have a right todecent, comfortable and safe housing thatguarantees familial privacy.


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Country Constitution Law Provision

Peru 1997 The Peruvian Lawfor the Promotionof Access to FormalProperty. LegislativeDecree No. 803

The Peruvian Law for the Promotion ofAccess to Formal Property Legislative DecreeNo. 803 (Ley de Promocin del Acceso a laPropiedad Formal Decreto Legislativo No.803) declares that providing Peruvian citizensaccess to formal property, and providing amechanism for the registration of property,are in fact matters of national importance.

The law further recognises that such measuresare necessary for the protection of the basicproperty rights of citizens. To this end, Title 1,Article 2 of the law provides for the creationof an autonomous Commission for the

Formalization of Informal Property (Comisinde Formalizacin de la Propiedad Informal COFOPRI) which has responsibility, inter alia,for formulating, approving and executing aProgramme for the Formalization of Property(as stipulated in Title 1, Article 3).

The law also addresses the reorganization ofadministrative procedures and processes forthe formalisation of property (Title 2), theappropriation of state lands for the purposesof providing housing (Title 3), and othercomplimentary provisions (Title 4).

Philippines Ejectment laws. Rental Reform Act of 2002, Sec. 8.Prohibition Against Ejectment by Reason ofSale or Mortgage. No leaser or his successor-in-interest shall be entitled to eject the lesseeupon the ground that the leased premiseshave been sold or mortgaged to a thirdperson regardless of whether the lease ormortgage is registered or not.

Comprehensive andIntegrated ShelterFinance Act;

Sec. 2. Declaration of Policy. It is herebydeclared a policy of the State to undertake,in cooperation with the private sector, a

continuing program of urban land reformand housing which will make available, ataffordable cost, decent housing and basicservices to underprivileged and homelesscitizens in urban centers and resettlementareas.

Urban Developmentand Housing Act

Makes available to underprivileged andhomeless citizens decent housing ataffordable cost Provides for rational use anddevelopment of urban land; Regulates anddirects urban growth and expansion towardsa dispersed urban net and mobalanced urban-

rural interdependence.


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HS Number: HS/194/10

ISBN Number: (Volume) 978-92-1-132294-1

working with parliamentarians

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