Decades of struggle for space :about the legitimacy of informal settlements in urban areas

Abstract

There are two prominent factors (i.e. push and pull factors) causing rural/urban migration resulting in the emergence of informal settlements in urban areas. The push factors are directly related to livelihood problems, displacement due to conflicts and natural disasters. Similarly, the pull factors are those related to economic opportunities, better education and better health facilities in the urban areas. In Nepal, the informal settlements without formally recognized land tenure in urban areas have always been a critical issue, and failure to give legitimacy to these settlements resulted in many hurdles and/or continuous struggles between the governments (central and local) and the informal settlers. Although the informal settlements lack legal legitimacy, some trust in social legitimacy exists and ultimately triggers the growth of the number of informal settlements. Since urban land allocation is multifaceted with many issues including housing rights and land rights, this paper analyze the problems on legitimize urban land for the urban informal settlers. The concept of “action space” is adopted to analyze how the government actors and civil society groups are playing roles towards legal legitimacy and social legitimacy. Using a case study approach in two areas of Kathmandu city of Nepal, this paper presents the struggles for urban space using the “action space” concept in which the government actors and civil society groups are putting efforts towards legitimacy. Lastly, this paper identifies the major factors that put pressures on the legitimacy of informal settlers.