Human rights law
How to protect the rights of people living in informal settlements through land tenure and service access claims.
This evergreen guide explains practical pathways for securing tenure and essential services for residents of informal settlements, emphasizing legal avenues, community empowerment, and collaborative governance to protect basic rights.
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Published by Paul Evans
July 18, 2025 - 3 min Read
In many urban areas, informal settlements arise out of rapid population growth and insufficient formal housing supply. Residents often face insecure tenure, limited access to clean water, sanitation, electricity, and health services, and the constant threat of eviction. Rights-based approaches provide a framework to address these gaps by recognizing occupancy as a starting point for formal recognition rather than a permanent exclusion. Lawmakers, civil society groups, and local authorities can work together to translate informal residence into protected status, while ensuring accountability, transparency, and participation from affected communities throughout the process.
A core strategy is to conduct participatory land and service assessments that map dwellings, tenure needs, and infrastructure deficits. Clear, accessible information empowers residents to engage in negotiations with landowners, municipalities, and utilities. When communities have documented claims, they can push for formal titles, long-term leases, or usufruct arrangements that vest security of tenure. Simultaneously, authorities can design provisional service connections—water, sanitation, electricity, and waste management—that progressively integrate informal areas into municipal planning. The goal is to transform vulnerability into measurable, enforceable protections that endure across political changes.
Access to land, services, and participatory governance must be linked.
Legal reform should focus on recognizing occupancy rights without forcing relocation. This often requires updating zoning laws, occupancy policies, and land administration rules to allow mixed tenure arrangements that accommodate both formal and informal residents. Courts and administrative bodies can publish user-friendly guidelines that outline eligibility, appeal processes, and evidence standards. Importantly, any reform must deter illegal expropriation and ensure fair compensation where relocation is unavoidable. By embedding rights in national constitutions, statutes, and local ordinances, governments create a predictable environment where residents can plan, invest in improvements, and claim basic services with confidence.
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Institutions must operationalize these rights through multi-stakeholder coordination. Land registries, planning departments, water and electricity providers, and health agencies should share data, harmonize procedures, and reduce bureaucratic hurdles. Community representatives need formal seats in decision-making bodies to prevent tokenism. Transparent timelines, cost-sharing mechanisms, and grievance redress channels help maintain trust. Where formalization is slow, interim measures—temporary occupancy permits, protected tenure licenses, or service vouchers—can bridge gaps. The objective is to build legitimacy for formalization while protecting residents from sudden policy reversals that disrupt livelihoods.
Monitoring, evaluation, and accountability ensure continuous improvement.
Access to land cannot be decoupled from access to services; each reinforces the other. Tenure security encourages households to invest in their plots, upgrade housing, and install essential utilities. Conversely, reliable utility connections and waste management reduce health risks and improve quality of life, making formalization more appealing to residents and financeable for municipalities. Programs should layer tenure with service delivery, ensuring that initial improvements are durable and scalable. Financing can be structured through micro-grants, favorable loans, or cost-sharing schemes that align with residents’ incomes and local tax bases, supporting sustainable housing expansion.
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Targeted capacity-building strengthens community agency. Training programs in land rights, project planning, and basic governance empower residents to articulate needs, draft proposals, and monitor implementation. Legal clinics or paralegal networks can assist families with documentation, appeals, and negotiating positions. Youth and women’s groups often play pivotal roles in sustaining participation and ensuring inclusive outcomes. By cultivating local leadership, authorities gain partners who can monitor progress, report violations, and sustain momentum even after initial funding cycles end.
Collaboration across sectors advances durable, rights-centered solutions.
A robust monitoring framework tracks tenure status, service coverage, and user satisfaction. Data should be disaggregated by neighborhood, gender, and vulnerability to reveal disparities and guide corrective action. Regular audits examine the accuracy of land records, the fairness of allocations, and the effectiveness of service connections. Public dashboards provide accessible updates, while independent ombudspersons handle complaints about delays, corruption, or coercion. Accountability mechanisms deter rent-seeking, foster trust, and demonstrate that reforms deliver tangible protections for those living in informal settlements.
Evaluation should feed learning into policy adjustments. Qualitative feedback from residents about perceived safety, mobility, and dignity complements quantitative service metrics. Pilot interventions can be scaled or redesigned based on outcomes, with cost-benefit analyses guiding resource allocation. Sharing best practices across municipalities accelerates reform and reduces duplication of effort. Ultimately, adaptive governance acknowledges that informal settlements are dynamic communities requiring flexible, rights-based responses rather than rigid, one-size-fits-all policy prescriptions.
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Practical steps to implement durable protections now.
Cross-sector collaboration is essential to sustain progress. Government agencies, civil society, academics, and private sector actors bring diverse strengths: legal expertise, community organizing, research capacity, and investment potential. Joint plans align land tenure reforms with infrastructure development, health services expansion, and educational opportunities. Memoranda of understanding, joint task forces, and shared funding streams create coherence across initiatives. When stakeholders operate in tandem, residents experience smoother transitions from informal to formal status, with protections, resources, and voice in local governance intact.
International standards and local adaptation should guide reforms. Global human rights norms emphasize an adequate standard of living, non-discrimination, and the right to appropriate housing. Yet local context matters; strategies must reflect cultural norms, urban morphology, and fiscal realities. Technical assistance, peer learning, and benchmarking help adapt international frameworks to ground realities. By combining universal rights with community-specific solutions, policymakers avoid cookie-cutter approaches and instead craft legitimate, sustainable pathways to tenure and services.
Begin with inclusive forums that invite residents to share experiences, hopes, and fears. Documented participation legitimizes the reform process and seeds trust. Next, launch a phased land-titling plan paired with scalable service connections, prioritizing high-need neighborhoods first. Ensure that tenure instruments—leases, certificates, or usufruct rights—offer clear terms, protections, and renewal mechanisms. Parallel investments in water, sanitation, electricity, and waste management should accompany each phase, with transparent pricing and credible maintenance commitments. Finally, establish accessible complaint channels and independent oversight to sustain accountability and safeguard against backsliding.
Long-term success rests on enduring political will, community resilience, and accountable governance. When residents feel secure in their homes and connected to essential services, social cohesion strengthens, crime rates decline, and educational outcomes improve. Legal frameworks that recognize occupancy, paired with practical service delivery and active citizen participation, create a virtuous cycle of development. By codifying rights and delivering tangible benefits, governments honor dignity, reduce vulnerability, and affirm that informal settlements are legitimate, livable parts of the urban fabric rather than marginalized outliers.
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