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Article
Publication date: 28 September 2012

Robert Home

Forced eviction is a topic of growing importance globally, and the purpose of this article is to investigate a much‐publicised recent case involving Gypsies and Travellers in the…

822

Abstract

Purpose

Forced eviction is a topic of growing importance globally, and the purpose of this article is to investigate a much‐publicised recent case involving Gypsies and Travellers in the United Kingdom (not usually a country associated with such actions).

Design/methodology/approach

After setting the context of planning enforcement law in the UK, Green Belt and other planning policies, and the status of Gypsies/Travellers as a disadvantaged minority group, the paper traces the history of the Dale Farm eviction over a 25‐year period and analyses the legal arguments put to the High Court in unsuccessful attempts to defer and over‐turn the eviction, against the context of internationally agreed guidelines.

Findings

The research found that the judiciary gave full consideration to all aspects, in accordance with ECHR case law, and upheld the Green Belt and planning objections. The UK government was determined to proceed, resisting various offers of mediation, and the site was cleared even though no appropriate alternative accommodation was available, and notwithstanding that the occupiers owned their own plots.

Originality/value

The case is a new development in a long‐running history of forced eviction of Gypsies by local authorities, and is of interest in comparative study of treatment of Gypsies in other European countries, particularly in the context of the recent European Union Roma Inclusion Strategy.

Details

International Journal of Law in the Built Environment, vol. 4 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 27 July 2010

Keteh Amba

The notion of public participation in planning resettlements in the Federal Capital Territory of Abuja, Nigeria was not taken into consideration during the forced evictions that…

Abstract

Purpose

The notion of public participation in planning resettlements in the Federal Capital Territory of Abuja, Nigeria was not taken into consideration during the forced evictions that took place between 2003 and 2007. The aim of this paper is to explore the role of advocacy in a rights‐based approach for consultation, participation and capacity‐building for the victims of forced evictions in Abuja.

Design/methodology/approach

This is a case study approach that explores individual and group capacities in Abuja's informal settlements.

Findings

The demolition of informal settlements was carried out without due process, participatory approaches and group consultation in the plans for resettlement. Additionally, the office of the Federal Capital Development Authority put forth the argument that the proper implementation of the master plan justified and necessitated the systematic violation of the rights of hundreds of thousands of peoples; so that Abuja would not become a victim of urban sprawl which is evident in many other developing country city centres like Lagos, Cairo, or the favelas of Rio de Janeiro.

Research limitations/implications

The researcher has explored a widening gap between the agenda of a master plan for a developing country's capital city and the development of an informal economy within makeshift settlements.

Originality/value

This case study sheds more light on the human rights violations which have characterized the method of dealing with informal settlements in the new capital city of Abuja.

Details

Journal of Place Management and Development, vol. 3 no. 2
Type: Research Article
ISSN: 1753-8335

Keywords

Expert briefing
Publication date: 20 July 2022

The initiative has been met with fierce protests, leading to forced evictions and widespread violence against local Masai communities.

Details

DOI: 10.1108/OXAN-DB271575

ISSN: 2633-304X

Keywords

Geographic
Topical
Article
Publication date: 6 November 2017

Ronan McDermott, Charlotte Luelf, Laura Hofmann and Pat Gibbons

The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological…

Abstract

Purpose

The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological disasters.

Design/methodology/approach

The paper deploys legal analysis to the most relevant bodies of international law pertaining to urban crises and systematically outlines the key legal issues arising.

Findings

International humanitarian law (IHL) and international human rights law (IHRL) provide important protections to vulnerable persons in both human-made and “natural” disaster settings. While the two bodies of law do not draw explicit distinctions between urban and rural settings, their various provisions, and indeed their silence on, crucial issues that would enhance legal protection in urban settings merit greater attention.

Research limitations/implications

The paper provides an overview of the sources of international law of most relevance to urban crises. Further research is required into how the urban environment influences their application concretely in urban settings.

Practical implications

In an era when international law is being challenged from many sources and attention is turning to the increasing potential for urban violence and vulnerability, this paper serves to sensitise the disaster management and humanitarian community to the relevance of international legal frameworks to its activities in urban settings.

Originality/value

This paper considers the most salient international legal issues arising during crises and compares and contrasts how the different bodies of international law (IHL and IHRL) address each of the kinds of crises (conflict, “natural” or technological disaster), respectively.

Details

Disaster Prevention and Management, vol. 26 no. 5
Type: Research Article
ISSN: 0965-3562

Keywords

Book part
Publication date: 25 November 2014

Saleh Ahmed and Khan Rubayet Rahaman

Slums, in urban areas of the Global South, are often manifested as the spatial manifestation of urban poverty. In many local contexts, eviction of slums is treated as the recipe…

Abstract

Purpose

Slums, in urban areas of the Global South, are often manifested as the spatial manifestation of urban poverty. In many local contexts, eviction of slums is treated as the recipe of urban development initiative, which is actually wrong and short-sighted unsustainable solution. This chapter addresses some of the interlinked issues and highlights how the megacities of the Global South can pursue a more holistic, pro-poor, and sustainable solutions by dealing this developmental challenge.

Methodology

This chapter is basically an outcome of a policy research, combining information and arguments from different secondary resources.

Findings

This chapter offers a better understanding on the causes and consequences of the slums, along with ideas for the government to tackle this issue and promote better livelihoods for the poor citizens. Even though this chapter focuses on the sustainability challenges in Dhaka, it can have policy implications in other regions with similar social, economic, and political conditions.

Research limitation

The discussion in this chapter does not include an empirical modeling or analysis technique so that the problems can be proven quantitatively. In some future research, a more quantitative approach can help to quantify the losses people are facing in terms of social value, monetary losses, and environmental cohesion.

Social implications

Without making any provisions for jobs and livelihoods for the poor slum dwellers, the process of eviction might cause the total “city management” system to collapse. Then it is no more an urban development initiative, but rather a government-initiated poverty generation process. Therefore, government can think for solutions at different levels – from local to regional scale, including long-term and short-term sustainability strategies.

Originality

Often the governments as well as the policy makers in the Global South treat the poverty problems (including slum formations) from a much narrower perspective. They should rather focus on the issue as part of a big developmental picture. The strategies can start both from macro- and micro-levels. On the macro-level, the government can initiate climate-resilient and pro-poor development strategies. On the micro-level, the government, along with nongovernmental organizations and national and international development partners, can focus on skill development opportunities and policies, so that the poor can live legally, wherever they want, with decent employment and livelihood opportunities.

Details

From Sustainable to Resilient Cities: Global Concerns and Urban Efforts
Type: Book
ISBN: 978-1-78441-058-2

Keywords

Content available
Article
Publication date: 8 April 2014

92

Abstract

Details

International Journal of Law in the Built Environment, vol. 6 no. 1/2
Type: Research Article
ISSN: 1756-1450

Keywords

Book part
Publication date: 16 August 2010

Saulesh Yessenova

This study examines the way the government of Kazakhstan confronted informal (squatter) settlements and their property in Almaty in 2006. It argues that the way the state handled…

Abstract

This study examines the way the government of Kazakhstan confronted informal (squatter) settlements and their property in Almaty in 2006. It argues that the way the state handled the issue as part of a broader state economic strategy was neither appropriate for the aim of creating a functioning property market nor for advancing social justice and welfare. The analysis focuses on the attempted demolition of two informal settlements, Bakay and Shanyrak, and subsequent events, including (a) militant and political responses among the residents and their supporters, (b) the legalization campaign, and (c) the effects of the global credit crunch on construction and property market in Almaty. The goal here is to refine the claim to a connection between formal economy, state practice, and squatters' experiences.

Details

Economic Action in Theory and Practice: Anthropological Investigations
Type: Book
ISBN: 978-0-85724-118-4

Article
Publication date: 18 June 2018

Tazviona Richman Gambe

The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road…

Abstract

Purpose

The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road characterised by a litany of hiccups.

Design/methodology/approach

The study is guided by the qualitative methodology. Data were mainly collected from property managers operating in the real property market in Harare using in-depth interviews. Analysis of data was done through content analysis.

Findings

It emerged from the study that the eviction process in Zimbabwe is fraught with impediments and expenses that are sometimes exasperating to property owners and investors. The current eviction regulations favour the lessees at the expense of lessors thus niggling lessees have aggravated the already protracted process by unnecessary appeals.

Research limitations/implications

The paper only focuses on residential property management and eviction of legal lessees due to non-payment of rentals.

Practical implications

The rent regulations should be reviewed in order to create a fair legal system that protects the rights of both the lessors and lessees in Zimbabwe.

Originality/value

The perpetual decline of the economy in Zimbabwe has crippled lessees’ ability to pay rentals. Yet, it has also become intricate to evict defaulting lessees thereby causing loss of income to rental housing investors. Thus, the paper challenges the protracted eviction processes in the real property industry that have prejudiced property owners and scared away potential rental housing investors that are greatly needed to boost the rental market.

Details

Property Management, vol. 36 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 12 August 2020

Zaldy C. Collado and Noella May-i G. Orozco

This study aims to examine the experiences of urban poor relocatees in their resettlement communities, specifically those who were relocated from the Caloocan, Malabon, Navotas…

Abstract

Purpose

This study aims to examine the experiences of urban poor relocatees in their resettlement communities, specifically those who were relocated from the Caloocan, Malabon, Navotas, Valenzuela and Quezon City areas to the province of Bulacan, Philippines. This study hopes to convey the importance of revisiting the law on socialized housing in the Philippines.

Design/methodology/approach

This study gathered qualitative data through 2 focus group discussions among 28 participants who came from 3 resettlement sites in San Jose del Monte City, Bulacan Province, Philippines. The resettlement areas are owned and managed by the National Housing Authority of the Philippine Government.

Findings

Results show that resettlement experiences are stories of survival under impoverished conditions. Lack of housing facilities or poorly built units characterize their relocation experience aside from having no immediate access to basic utilities such as electricity and water, despite a law that supposedly secures these rights to relocatees. The expensive cost of transportation and the lack of livelihood also heavily strain the lives of the relocated population.

Originality/value

This study illustrates that involuntary displacement predicts poor living conditions upon resettlement. This study is an inquiry not only of existing conditions of socialized housing in resettlement areas but also past realities of these housing communities at the onset of the displacees’ relocation.

Details

Housing, Care and Support, vol. 23 no. 2
Type: Research Article
ISSN: 1460-8790

Keywords

Content available
Article
Publication date: 28 September 2012

Brodie McAdam

290

Abstract

Details

International Journal of Law in the Built Environment, vol. 4 no. 3
Type: Research Article
ISSN: 1756-1450

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