Human Rights Watch
Slum eviction in Bangladesh: Seeking solutions
Md. Ashraful Alam & Shalina Akhter
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Photo: guardian.co.uk. |
Slum and slum eviction is a common social scenario seen not only in Bangladesh but also all over the world. The issue is a hot discussion in both of electric and print media in Bangladesh due to eviction of Korail slum in Dhaka. The issue is in debate as to eviction of slums before resettlement or a reasonable period. But this writing is not to look towards the debate whether slums should be evicted or not. This writing is an attempt to find out the real and root causes force to create slums either directly or indirectly and punitive solutions thereby. Moreover, we aim to bring kind consideration of concerned stakeholder and policy framer to take initiative for uprooting the real causes for creating slums rather than eviction of slums. The word 'Slum' is frequently used as a catch-all concept to describe a wide range of low-income settlements in city. More traditionally, slum refers to housing that is for low income and poor people to live. There is some common phenomenon in slum. They are Lack of basic services, including inadequate access to safe water, sanitation and other essential infrastructure, Substandard housing or illegal and inadequate building structures, overcrowding, high densities, unhealthy living conditions and hazardous locations, insecure tenure, poverty and social exclusion.
Slum eviction means the involuntary removal of people from their place of residence, with or without provision made for their resettlement in an alternative location. At worst, evictions are violent, destroying personal property, communities and livelihoods. When the residents of slums are provided with alternative places of residence, such places may be so remote, under-serviced, environmentally hazardous or otherwise unsuitable, that the evicted people are effectively rendered homeless. Forced eviction is a gross violation of human rights as mentioned in the United Nations Human Rights Commission, 1993, resolution 77. There is an international recognition that forced evictions should be outlawed, many governments continue to sporadically or systematically forcibly evict the urban poor from their home. Forced evictions are taken place showing a range of reasons, for example, to release valuable land for redevelopment, to 'beautify' an area by removing unsightly squatter housing, or to undermine pockets of political resistance.
In Bangladesh the razing of slums and forced evictions remains common. For example in the slum of Tikkapara Bizli Moholla in Dhaka, Bangladesh, 20003000 families are under threat. Politicians and corrupt government officials have been trying to evict the residents in order to release the land. Land redevelopment is being pursued through earth filling, where some homes are simply ploughed over by huge mounds of earth.
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Photo: thefinancialexpress-bd. |
In addition there Forced evictions destroy the offending slums but do nothing to resolve the housing problems of occupants, indeed they often make them homeless. When people are forcibly evicted from their homes without the provision of acceptable alternative accommodation they may create new squatter settlements or become tenants, increasing the population density and problems of existing slums. Whatever the motive behind a forced eviction, it cannot justify the means and only exacerbates housing shortages. But eviction order of Godaraghat bosti in 2005 became a judicial concern by a writ, writ petition no- 5915 OF 2005 in the matter of Bangladesh Legal Aid and Services Trust and others v Government of the People's Republic of Bangladesh and others. Court applied a pragmatic approach to adjudicate the issue under Article-32 of the constitution of Bangladesh and international concept of human rights. Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of slum dwellers from their peaceful possession without due process of law should not be declared illegal and without lawful authority being contrary to right to life as mandated by Article 32 of the Constitution.
The world got a new sphere of human rights law after adoption of The Universal Declaration of Human Rights(UDHR) in 1948. The document brought a new shape in the concept of human rights in all over the world. UDHR contained civil, political & economic, social and cultural rights in a complex context. But developed countries began conspiracy against economic, social and cultural rights and pursued to adopt two separate covenants for two types of rights. This dichotomy brought all civil and political rights as judicially enforceable in domestic court and economic, social and cultural rights as only directory and decorative, not judicially enforceable. Right to housing is one of the economic, social and cultural rights taken in Bangladesh constitution as fundamental principles of state policy which is not judicially enforceable. Slum and slum eviction is directly related to right to housing. So, state is not under legal obligation to ensure right to housing in narrow sense.
This divisibility between civil & political rights and economic, social and cultural rights is not acceptable in modern age of human rights. Now it is recognized that all human rights are indivisible and all of them have an intrinsic relation. For example, right to housing is directly related to right to life. Because, a human being needs shelter to live. Physical health equipment and processing food are also essential for life. So, none can live without shelter, health and food. Therefore, government can not be exempted from obligation only stating that right to housing is only directive principle.
Now, we want to find out the root causes for creating slums in Bangladesh accordingly. Lack and low level of rural development is the most important cause which enforces people to create slum. Since, rural area is not in good communication level, industry and other working places are not established in village. Generally, people who do not have least way to survive in village move to city for work. They take their first entry in slums at low cost to work for money. Although almost all slum dwellers work in various work place, only a few number of elite gang god father captured some dwellers to fulfill their ill motivated activities for their self interest. Various sources show that this elite gang carries illegal activities under political shelter. The question arises if those people had least facility and access to work at village, would they come in city to live in slum? We think the reasonable answer would be no.
(To be continued)
The writers are Senior Lecturers, Department of Law, Uttara University.
