- 1.1History of cities - heritage
- 1.2Urban Housing
- 1.3Rural Housing
- 2LEGAL ASPECTS
- 2.1Right to Housing
- 2.2Forced Evictions
- 2.3Land Rights
- 2.4Land Grabbing
- 2.5Vulnerable Groups
- 2.6Some Interesting Practices
- 3SOCIAL AND ECONOMIC ASPECTS
- 3.1Housing Market
- 3.2Quality of Housing
- 3.3Informal Housing / Slum / Homeless
- 4ROLE OF PUBLIC AUTHORITIES
- 5ENVIRONMENTAL ASPECTS
- 6HABITAT AND SOCIAL MOVEMENTS
- 6.1Major Problems
- 6.2Major Claims
- 6.3Civil Society Actors
- Urban Area : 15.001 thousands (1990) > 24.088 thousands (2014) > 35.405 thousands (2050)
- Rural Area : 6.771 thousands (1990) > 6.6681 thousands (2014) > 5.679 thousands (2050)
History of cities – heritage
It was during the second half of the twentieth century that the Peruvian cities grew, especially under the influence of modernization and industrialization, making these cities attractive for migrants. By 2006, 30% of the population lives in Lima, capital of Peru. The rural population, given the pattern of industrial development builds, could not find employment and a huge belt of poverty is created around cities. (1)
An analysis of the causes of urban expansion in the cities of Latin America : IRENEE Website
The Peruvian economy in the late nineteenth and early twentieth was based on agricultural production and export of raw materials such as guano, sugar cane and rubber. Meanwhile, the needs of modern life have led to the development of an emerging industry that brought together an emerging urban proletariat. In this context, in the 1920s, cities were modernized, large avenues were built and renovated buildings had so historic. Houses for the employees and workers were built in the cities of Lima, Rimac or port of Callao. In social housing, some institutions have become responsible for the construction, rental and monitoring of hygiene in low-income areas of houses.
Source: Romero Quispe, “El problema de la Vivienda en Perú: retos perspectivas it,” INVI 2005 – http://www.revistainvi.uchile.cl/index.php/INVI/article/view/333/877
URBAN POPULAR CONTRACTOR : these are rural people who came to settle in the city, with their cultural heritage including the socialization model in their region of origin. Venus usually the Andes, there are a few decades, they have capacity for autonomy, independence and entrepreneurial qualities. They do not rely on the government to find solutions to their problems. The author of this article, Paul Makedonski, invites us to reflect not on the forms of insecurity observed among this population, but on the possibilities of wealth brought by this population in the Peruvian cities. Read the article : http://www4.uqo.ca/ries2001/creation/par%20pays/p%E9rou.pdf
In Peru, there is a NATIONAL URBAN DEVELOPMENT INSTITUTE (INADUR), a decentralized body of the Ministry of Housing, and people with disabilities, designed in the early 2000s proposed a so-called “Map of Urban Poverty identifying opportunities for social investment in intermediate cities in Peru. ” In this study, a INADUR to define “urban poverty zones” (APU) based on indicators and how to formulate programs and social investment projects in these areas, promoting their joint coordination or a greater dialogue between them. (8)
Right to Housing
The right to housing DO NOT MORE appears in the (new) Peruvian Constitution of 1993.
However, Article 195 of the Constitution may bring the tracks to the right to housing : 8. Local governments support the development and the local economy and the provision of public services for which they are responsible, in harmony with the policies and 58 national and regional development plans. They are responsible for : developing and set of activities and/or services in education, health, housing, sanitation, environment, natural resource use, public transport, traffic and transit, tourism, conservation of archaeological and historical monuments, culture, recreation and sports, in accordance with the law.Source: CETIM (publication COHRE)
Furthermore, Article 55 of the Constitution says that the Peruvian Government endorsed a set of international treaties, which can also guarantee some rights to housing.
Many social movements calling for the right to housing is part of the new Constitution.
A project of Law for the poor
In 2013, the Commission “home” of the Peruvian Congress approved a project on access to housing for the poor, developed by the Movimiento de los Sin Techo (Movement of homeless). This is a historic first step because there is no law for popular housing in Peru. With the legal support of the Urban Development Institute (CENCA) 8000 families gathered in the Peruvian Movement of homeless (MST) has proposed to Congress a project to facilitate access to housing for classes the most disadvantaged. Social movements movements, CENCA and MST, believe that we must continue to make pressure so that the project becomes a law.
Video testimonial on the right to adequate housing in Peru : Website International Alliance of Inhabitants
Video testimonial on mobilization for decent housing by MST Peru : Walking homeless in 2001
Forced evictions exist in Peru. Among the major causes of these evictions are identified :
Growth and urban renewal
GROWTH AND URBAN RENEWAL
The phenomena of urban growth have led people to build informal settlements with no security building, which has led to problems collapse of land and/or houses. A video made by CENCA shows that problem.
Cases of urban renewal lead the people forced to leave their habitat. This is particularly the case when the state decided to renovate the historic centers of cities or when private speculative interests want to take this these city centers. The causes are most often a lack of land tenure and regulations that could protect people, the absence of strong political power to resist against speculation and the lack of urban planning instruments (control of urban land). The process is both formal and informal : housing is replaced by services and activities (hotels, restaurants, shops, etc. . ) AND people are moving to urban suburbs where nothing is organized. The case of Cuzco is presented here with the resistance that took place : Record file on CITEGO website. .
Social and political dimension. In 2012, one over five acres was estimated granted to large mining companies, robbing the local population from their lands. The Observatory of Mining Conflicts in Latin America still believes that, in Peru, things are moving in that this issue finally comes to the media. In 2012, about 19% of the total area of the country was occupied by mining or more concessions in some areas. The fall of the stock market has favored these mining investments in the world. The big problem is of course that this has resulted in a 30% increase tax revenues, revenues used to implement social programs… Enter into this conflict with this sector would be a suicide. (2) The Government estimates, since the 1990s, the mining investment as the main instrument of economic development. Having managed to stop the activities of a multinational mining company through a municipal consultation, the population of Tambogrande marked an important point in the history of the mobilizations against transnational mining projects. The win raises hope for communities with similar struggles. (3)
The environmental dimension. Residents who live near the Peruvian mines are potential victims of certain pollutants, such as lead. (Source = World Health Organization). One consequence of these mines is the scarcity or water pollution that often refute businesses locating to exploit these areas. The Government therefore also takes steps to evacuate people from these areas clean …
Nevertheless, the population is organized and mobilized against the land grabbing projects.
The Urban Social Forum of Naples, in 2012, a poster resumed several cases of forced evictions : Habitat International Coalition Website.
CONSTITUTIONAL REGULATIONS … NOT ENOUGH FOR INDIGENOUS POPULATION
The Peruvian legal framework governing the ownership, tenure and access to forest resources is defined in Article 66 of the Political Constitution of the State, which says : “The natural resources, both renewable and non-renewable is a national asset. The State exercises sovereign power over their use. The conditions of their use and their grant to individuals specified in the Organic Law. The license gives the holder a right in rem, subject to the above legal standard.” Therefore, the concept of private property is outside of the political legal framework dedicated to natural resources as they are part of the public domain and therefore inalienable. (4)
However, it seems that for indigenous peoples, the new Forest Act is insufficient, rules are necessary to establish compliance with native title. (4)
AN INFORMAL ADJUSTMENT PROPERTY DOES NOT PREVENT THE INCREASE IN SETTLEMENTS IN AREAS RISK
In recent decades, one of the most important aspects of policies relating to land management was the regularization of informal property, led since 1996 by the Commission for the Formalization of Informal Property (COFOPRI). In 1995, the Fujimori government issued the Law 26557 that the central government has transferred the physical and legal consolidation of human settlements. On this basis, the creation DL 803 15 March 1996 COFOPRI who have the sole and exclusive responsibility of regularization. For his performance, COFOPRI took a loan from the World Bank $ 300 million, which allowed him to pursue a regularization program that is considered by the Bank as an example to follow. In terms of numbers, from 2006 to 2013 COFOPRI delivered nearly a million titles, benefiting more than four million people (8)
But despite these achievements regularization, the occupation of new land has not stopped growing. As reported by the committee of the campaign and the Municipality of Lima, between 1993 and 1996 would have been created in Lima least 700 new settlements dating back to 2005 would have been at least 200 new invasions. In 2013 alone, in Lima, there are 1050 human settlements in the danger zone. (8)
In Peru, since the 1990s, a process of land concentration is again underway. We will remember the problems of large latifundia until the 1960s. The liberal state has autorised, through new legislation, both entrepreneurs and agricultural investors to grab land of natural resources. (5)
This land concentration has the same effect as the traditional large estates in terms of theft of territorial rights of peasant communities, health and lifestyles of people threatened by pollution from mining activities. In addition, the set of client relationships, it directly threatens the territorial governance in the valleys. Beyond the agricultural development model to follow, land concentration also raises the question of the division of wealth in society and that of democracy both at local and national level. (5)
Some Interesting Practices
- Participatory Budgeting : Ilo, the PB pioneer in Peru, launched its first round in 1999. The experience is well consolidated and has become a reference in Latin America. one of its unique features is that PB rules were designed locally with minor influence from Porto Alegre. Ilo is both an industrial city (fish, flour and copper smelting) and a well-known port located not far from the Chilean border. Its relatively small size (64, 000 inhabitants) coupled with centrally redistributed royalties from mining benefits (called canon minero) largely explains its high al budget per inhabitant. Ilo decides its entire investment budget through PB, which explains why it ranks first among the 20 cities for the amount of public resources discussed and decided through PB, per inhabitant per year. Ilo participated in the early 2000s research. To understand more the concept of Participatory Budgeting – read the report from prof Y Cabannes (IIED 2014) : http://pubs.iied.org/pdfs/10713IIED.pdf
El Salvador is a self-managed city with a population of about 500,000 people that originated in the 1970s in an orderly and planned occupation, in which citizen participation and popular planning are fundamental. Public spaces, for example, are maintained by the local government AND the inhabitants. The current challenge is an extension of the scale of intervention. For more information, visit the website of the self-managed communities: http://www.sedeca.org.ar or see the brochure by Urbamonde on Social Production of Habitat: http://urbamonde.org/site/sites/urbamonde.org/files/Brochure%20PSH%2002_WEB.pdf
SOCIAL AND ECONOMIC ASPECTS
Quality of Housing
Despite the implementation of the “Housing for All” National Plan estimated the INEI estimated that by the year 2007, the total housing shortage of 1,860, 692, ie, continued to grow, being quantitative deficit of 389,745 units and a qualitative deficit of 1,470,947 units.
Meanwhile, Campaign Committee of the figures for decent housing for all and all claim that 80% of the housing problem in Peru is due to the poor living conditions of existing units (overcrowding, poor housing conditions, poor to basic services), and improper location of these units. He stressed that the housing problem is essentially qualitative, and notes that a very important aspect is the urban land.
Informal Housing / Slum / Homeless
INFORMAL HOUSING. Nearly one and a half million families live in shelters that protect against the elements, built with recycled materials and often precarious living in poor housing conditions, accusing a high level of overcrowding. These people lack basic services in their homes, they are located in hazardous locations or difficult to access. There are often no legal titles for these units or for land occupations. 375,000 families do not even have a place to live and are housed in the homes of their relatives or rent a too small for a family home. There would be a deficit of 1,860,692 units ! (6)
A video on informal settlements in Peru : Emission of the Peruvian TV
HOMELESS : The number of homeless in cities is very important. MST Movement ask to the Gouverneneme to implement regulations that would create housing for families with only low incomes. Video testimony MST
ROLE OF PUBLIC AUTHORITIES
After the visit of the UN Special Rapporteur in 2004 and his developed recommendations, an assessment of the housing situation in 2006 shows that progress is not significant : “Situation of Derecho has Vivenda en el Perú (Balance 2003-2006)” by Miloon Kothari.
Peruvian authorities offer various types of housing assistance:
- A system called “TECHO PROPRIO” to stimulate private sector participation in the massive construction of housing of social interest.
- A housing loan supply via Crédito Mivivienda : http://www.mivivienda.com.pe/PortalWEB/
- The BANMAT program to support collective housing projects (minimum 20 units) from cooperatives or other organized group, in connection with a property developer or licensed companies.
- The BONO FAMILIAR habitacional (BFH) offers a global subsidy to families without sufficient income. They can buy a home, improve it or make construction.
NEW NATIONAL HOUSING
The objectives of the new national plan are to strengthen the effort to reduce the housing deficit, absorb residential demand resulting from the formation of new households; overcome the precarious conditions of families living in rural areas and in urban areas of the country standards, production boost housing of low cost, high quality, both in urban and rural areas, contributing to growth orderly cities, strengthening their areas of consolidation and restoration of degraded forests or under-used, and to contribute to the national to overcome poverty and misery strategy. (8)
GLOBAL PROGRAM IMPROVEMENT DISTRICTS (MI BARRIO)
The integrated program (Mi Barrio) improvement district was created with the goal to “improve the living conditions of the poor and very poor living in slums high deficits, through partnership and shared financing department, city, and neighborhood community investments and interventions in the physical, social, environmental, legal and institutional framework for the improvement of their living kind. “Mi Barrio” is an element which aims to “improve the overall quality of life of the population living in urban and rural areas lacking infrastructure, basic services and equipment as part of a territorial approach” ( 8)
According to the Journal Economía, the Deputy Minister for Housing and Planning said the development of social housing is a priority for the government of the time, which is why his office is working on the implementation of new programs to meet the housing needs of the low income population. This is a new housing program (2012) called “Generación de Suelo Urbano”, which will be carried out in 18 cities. He explained that the idea is that brownfields before being invaded, were auctioned to the private sector, which will be responsible for the construction of new housing. The State provided for that 570,000 hectares fallow, nationally, in order to develop social housing.
This program aims to meet the demand of urban land for social housing and infrastructure services and complementary equipment, by promoting recovery actions and / or the development of urban transformation projects and production new urban land. The objective is to fight against the invasion of land by the inhabitants who then conduct self-built informal settlements. The state hopes to recover 570 million hectares are for the private sector to build housing.
In Lima, a metropolitan Public Housing Program (Programa Metropolitano de Vivienda Popular – PMVP) was established since 2012.
Bibliography & Sitography
Aníbal Sánchez Aguilar, “Ces Péruviens qui s’en vont, migrations internationales au Pérou, une évaluation”, STATECO, 2007
Raúl Zibechi, Pérou la résistance à l’industrie minière dans les Andes, Website Avanti, 2012
Exploitation minière et droits humains, website CDHAL (Comitee for Human Rights in Latin America)
Pérou : Indicators – “Politique nationale sur le régime foncier” – Portal Making the Forest Sector Transparent, 2012.
Averill Roy, Perou. La concentration foncière est de retour. Revista Agraria.
Grupo Bajo la Lupa, El derecho a la vivienda y a la ciudad en el Perù, DESC n°18, 2013?
CADTM – Comité pour l’Annulation de la Dette du Tiers Monde – « Vers un nouveau cycle de lutte en Amérique latine »
Alianza Internacional de Habitantes, « Políticas alternativas de vivienda en América latina y el Caribe », 2013 coord Paul Maquet Makedonski, pp 67 à 73.
CADTM – Comité pour l’Annulation de la Dette du Tiers-Monde, les chiffres de la dette 2012
HABITAT AND SOCIAL MOVEMENTS
- A Right to Housing too vulnerable
- Demolition of buildings and other dwellings declared cultural heritage of the nation, without any legal authority and municipal
- Risks to the physical integrity of the owners
- Evictions through extrajudicial negotiation, does not guarantee a right to decent housing
- A Constitution in Peru that does not recognize the right to housing and the city as a human right, does not meet the articles of the Universal Declaration of Human Rights nor the ICESCR without ratification of the Optional Protocol to the ICESC
- Those responsible for such violations are: real estate speculators (natural or legal persons), with traffickers land – municipal authorities and officials who do not improve urban control or taxation according to the Act – the National Police who takes no account of denunciations of victims of evictions – the prosecution that does not improve the administration of justice.
- Restore Right to Housing in the Peruvian Constitution
- Ratification of the Optional Protocol to the ICESCR by the Government
- Recognition of the right of “possession” and residence in the urban renewal process
- Immediate application of the Act 29415 and 1590-2012 prescription for slum upgrading in case of urban renewal, for the benefit of current owners – ditto for the decree 012-2009 MINDES to transfer ownership to organized squatters.
- Improve urban and municipal control
- Preservation of the built heritage, with the implementation of standards from the Ministry of Culture
- Regulation of the access to land by municipal entities against urban speculation
- Implementation of ownership certificates in the municipalities, the informal settlements or not urbanized
- Improving the legal and judicial administration
- Municipal and government program to transform slums into collective property, with mutual aid and direct public subsidieS
- Recognize expelled from downtown Lima as potential beneficiaries of public programs (direct public subsidies
Civil Society Actors
CENCA = Urban Development Institute, which provides training, analysis of the situation and sessions setting ability of citizens to current urban transformations. Website CENCA
MOVIMIENTO DE LOS SIN TECHO METROPOLITANO Y DEL PERU – MST = Movement homeless in cities and Peru. It is a national movement composed of families with low incomes. Their goal is to help families get more money to have decent housing, through mediation, the struggle, the proposals made in politics, organizing public events, campaigns, etc. website MST
OBSERVATORIO URBANO DESCO : This is a platform for collaboration with the ESCR in Lima. Their goal is to contribute to the development of sustainable development proposals for the cities and their inhabitants. They want to provide a comprehensive approach to the city. Note the technical implementation of urban plans and maps on the risks to houses built on areas exposed to earthquakes. Website.
- CIDAP =