Metropolitan And Urban-Regional Integration Programme In Colombia (Asoreas)

Project Origin The Universal Declaration of Human Rights, the historic international recognition that all human beings have fundamental rights and freedoms, recognizes that “… it is essential […], that human rights should be protected by the rule of law…”. The rule of law is the principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. In the Colombian context, the main capital cities face great challenges derived from the accelerated urban growth. Phenomena such as social inequality, the unsustainable management of natural resources, the gaps in the development of the territories, and the insecurity of urban environmentspose for the cities the challenge of promoting a better quality of life for the inhabitants of the region. The current state of informality1 in Colombian cities creates a difficult control over urbanized areas growth as a result of inadequate, inappropriate or ineffective policies or legal frameworks, that regulate activities based on assumptions regarding the socio-economic environment that do not reflect realities on the ground. Under this framework, UN-Habitat has as one of its thematic axes, support capacity building of local and national governments and other Habitat Agenda partners to implement urban legislation in the areas of urban extension, densification, urban planning and finance Central issue addressed The lack of control in the application of current legislation, due to limited capabilities and available financial resources and technical tools, is an important limitation in the building of sustainable human settlements. The result is the creation and keeping of informality in urban areas. The number of innovative, locally relevant urban law frameworks in fields such as physical planning and development control remains remarkably low, particularly in the context of the needs of human settlements with limited institutional structures and financial resources. Urban law remains a highly segmented and complex field, where technical objectives in given fields are considered in isolation from each other as well as from the institutional, financial and social factors that will determine effectiveness. It is a key factor that should be taken into account when legislating. Physical planning, development control and investment are all closely linked to law and policy and the extent to which rights may be exercised independently and regulated in the public interest. To have a greater control over the implementation of these laws and polices is key to work against Informality, which is common in the Colombian context. There is increasing recognition of the plural nature of urban legal frameworks and of the role of these pluralistic systems in promoting inclusion and opportunity for the most vulnerable. Legal and regulatory frameworks are designed for the formal economy and, too often, they fail to protect, support and recognize the contributions of informal workers, excluding them instead of including them within frameworks of rights and responsibilities. The need to explicitly recognize a range of empowering tools in law and to link these with institutional structures and policy objectives is of fundamental importance. In order to avoid that laws, institutions, and policies governing economic, social, and political affairs deny a large part of society the chance to participate on equal terms. It is important to note that informality does not means that there is no system, merely that what does exist is not formally recognized. Informal local norms and institutions, including those of a traditional or customary nature, govern lives and livelihoods. Most people with low incomes do not live under the shelter of the law and the opportunities it affords. Because the poor lack recognized rights, they are vulnerable to abuse. More than 4bn people around the world are estimated to be excluded from the rule of law, many because their homes and livelihoods are informal. The control that the rule of law has over the ordering, functioning and planning of urban areas, which creates a framework for the protection of human rights in human settlements, as previously stated, is a key step towards more resilient and sustainable cities and communities. Actively working to prevent and mitigate emerging conflicts in cities and human settlements of Colombia. Recognition that a focus on the development of tools for the control of essential law will provide the most effective support to sustainable urban development. Governments should identify the minimum set of instruments and tools to deliver the most important elements of a legal framework with an emphasis on the needs of small to medium settlements with limited institutional structures and financial resources. For these resource poor small to medium settlements, priority must be placed on the principal urban design elements that can reasonably be achieved and that will have the maximum impact on social outcomes and livelihoods. Rights and the protection of vulnerable groups must be central to assessments of impact. Urban law governs the key functions of towns and cities and reflects the rights and responsibilities of the residents and users of these urban areas. Effectiveness is the ultimate pursuit and the ultimate criterion of quality in law making, and control tools are enablers of good functioning in cities and human settlements.2