scholarly journals THE URBAN POOR in DHAKA: PERSPECTIVES ON THE RIGHT TO THE CITY

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Shamsul AREFIN ◽  
Tamanna RASHID

The urban poor experience serious discontents, harassment, eviction, police repression and local goons threatening when using urban space for living and livelihood purposes. This study pursues to understand the poor people’s negotiation strategies with different powerful agents who occupy money, muscleman and political affiliation. Following a mixed method approach, this study investigates the two biggest slums in Dhaka as case studies. Findings show that urban poor have to build different social-contract relations with various local agents as survival mechanisms while economic activities using urban space are considered to be illegal in Bangladesh. The role of the state is somewhat ambiguous in this regard. On the one hand, the state is not evicting the poor permanently from the city but it is repatriating them on other grounds and, on the other hand, it permits hundreds of informal intermediary agents to work for sustaining informal urban settlements for the poor people. We argue that these distinctive socio-structural arrangements in Dhaka city is hindering poor people from getting united and claiming their rights to the city while also not providing them proper opportunities to fully appropriate the urban space. These socio-economic relations need to be considered in order to make a just city for all, from the RTC perspective.

2020 ◽  
Vol 5 (2) ◽  
pp. 269
Author(s):  
Muhammad Zainul Arifin ◽  
Muhammad Syahri Ramadhan ◽  
Happy Warsito ◽  
Ardian Nugraha

The process of implementing the concept of a welfare state by the Indonesian government towards its people is a problem of poverty. The number of needy people in Indonesia is enormous. This is what underlies poverty to be considered a serious problem so that the Indonesian government provides specific regulations related to poverty handling through the issuance of Law no. 13 of 2001 concerning Management of the Poor. In the South Sumatra region, particularly the city of Palembang itself, the problem of poverty is a big task that must be faced by regional officials and other related agencies. The Social Service of South Sumatra Province stated that Palembang City was the city with the highest number of poor people compared to other districts / cities in South Sumatra. This of course requires the right policies in handling it, one of which is through the issuance of the Regional Regulation of South Sumatra Province Number 7 of 2017 concerning poverty reduction in South Sumatra


2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.


Urban Studies ◽  
2019 ◽  
Vol 57 (10) ◽  
pp. 2163-2180
Author(s):  
Mara Nogueira

Since re-democratisation, Brazil has experienced a slow but continuous process of urban reform, with the introduction of legal and institutional developments that favour participatory democracy in urban policy. Legal innovations such as the City Statute have been celebrated for expanding the ‘right to the city’ to marginalised populations. While most studies examine the struggles of the urban poor, I focus on middle-class citizens, showing how such legal developments have unevenly affected the ways in which different social groups are able to impact the production of urban space. The two cases explored in this study concern residents’ struggles to preserve their middle-class neighbourhoods against change triggered by projects related to the hosting of the 2014 World Cup in Belo Horizonte, Brazil. The first looks at the Musas Street residents’ fight against the construction of a luxury hotel in their neighbourhood, while the second examines the Pampulha residents’ struggle against the presence of street vendors and football fans in their streets. My findings show that through the articulation of legal discourses, middle-class claims on the need for preserving the environment and the city’s cultural heritage are legitimised by the actions of the local state. The article thus looks beyond neoliberalism, showing that socio-spatial segregation and inequality should not be regarded solely as the product of state–capital alliances for engendering capital accumulation through spatial restructuring, but also as the result of the uneven capacities of those living in the city to access the state resources and legitimise certain forms of inhabitance of urban space.


Author(s):  
Choerul Amin

Provision of Legal Aid is one of the ways the state can achieve access to law and justice for poor people in accordance with what has been mandated by the constitution. The principle of equality before the law in the Criminal Procedure Code (KUHAP) and Article 27 paragraph (1) of the 1945 Constitution tries to be realized by the state with this legal assistance so that the poor will experience justice in law enforcement in Indonesia. Justice is the right of all Indonesian people. Justice can be obtained by all people, this is contained in the Pancasila Values ​​especially in the 5th (five) precepts which read "Social Justice for All of Indonesia". For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia, and to create an effective, efficient and accountable court. The community's right to get free legal assistance (pro-bono) is regulated in Law No. 16 of 2011 concerning Legal Aid. This law regulates the communities receiving legal assistance, grants, and funding as well as legal aid mechanisms. 


2020 ◽  
Vol 11 (2) ◽  
pp. 218-230
Author(s):  
Lutfun Nahar Lata

In Dhaka, the capital city of Bangladesh with a population of 18 million, nearly one-third are living under the threat of eviction without resettlement due to lack of tenure security. This occurs despite the Bangladesh government’s ratification of multiple international conventions as well as provisions within the national Constitution with regard to people’s rights. Within this context, drawing on Lefebvre’s theorization of space and using the right to the city (RTC) framework, this article explores the urban poor’s right to housing in the context of Dhaka, Bangladesh. Findings suggest that the local and central government officials categorize slum dwellers as encroachers and criminals, who pose a direct threat to an orderly, clean and green city. Hence, they cannot be allowed to exist in the city. Additionally, the state has shifted the development of land and housing markets to real estate developers, following a neoliberal economic model. Consequently, a few powerful developers control Dhaka’s land and housing markets, only supplying housing for the growing middle class. Access to these houses is far beyond poor people’s reach. Thus, the urban poor’s housing rights are denied both by the state and by the market in Dhaka.


2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.


2020 ◽  
Vol 11 (1) ◽  
pp. 46-63
Author(s):  
Ana Beatriz Oliveira Reis

Abstract This paper aims to understand the limits and possibilities of the fight for the right to the city taking into consideration the recent contributions from the State derivation debate. The methodology utilized was the dialectical historical method, considering theoretical and historical-social aspects from the transformation of urban space fight. It was possible to verify that legal and political forms are essential for the reproduction of the current sociability as they derive from the commodity form. Thus, as a conclusion, the struggle for the right to the city based only on institutional demands by the positivation of rights and public policies reduces its emancipatory potential by restricting it to the social forms of capital.


Jurnal Hukum ◽  
2014 ◽  
Vol 30 (2) ◽  
pp. 1477
Author(s):  
Suparji Suparji

 AbstractThe president—Jokowi, has a mandate from the people to make Indonesia to be more equitable and prosperous. In order to fulfill this mandate, he has set nine priority programs known as the concept of Nawa Cipta. This program calls for concrete steps so as not merely a wish list. The most fundamental thing in economics field is how the constitutional mandate that the right to dominate the state can be realized in the management of economic activities, including in dealing with foreign economic domination in IndonesiaKeywords: implementation, the right to dominate the state, foreign economic domination.  AbstrakPresiden Jokowi telah mendapatkan mandat dari rakyat untuk mewujudkan Indonesia yang lebih adil dan sejahtera. Dalam rangka memenuhi mandat tersebut, telah ditetapkan sembilan program prioritas       yang dikenal dengan konsep Nawa Cipta. Program ini tentunya memerlukan langkah-langkah kongkret sehingga tidak sekedar menjadi daftar keinginan. Hal yang paling mendasar dalam bidang ekonomi adalah bagaimana amanat konstitusi yakni hak menguasai negara dapat diwujudkan dalam pengelolaan kegiatan perekonomian, termasuk dalam mengatasi dominasi perekonomian asing di Indonesia.  Kata kunci: implementasi, hak menguasai negara, dominasi perekonomian asing  


Author(s):  
Florian Matthey-Prakash

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sujayita Bhattacharjee ◽  
Sanjukta Sattar

PurposeThe lives of the poor in the urban spaces of India are filled with hardships. They live amidst poverty and struggle to survive within other problems such as insecure jobs, lack of proper housing, unsanitary conditions and low levels of health immunity. This vulnerable section of the population has been rendered furthermore vulnerable by the outbreak of the COVID-19 pandemic in ways that were never imagined before. Taking this into consideration, the purpose of this article is to examine the vulnerability of the poor in the urban settings of India with special reference to Mumbai in the context of the COVID-19 pandemic.Design/methodology/approachThe methodology adopted in the study is based on the analysis of secondary data and content analysis of the existing literature. In addition to this, the study also makes use of certain narratives of the urban poor in Mumbai that have been captured by various articles, reports and blogs.FindingsThe findings of the study reveal how the urban poor of India, with special reference to Mumbai, the financial capital of India, has emerged as the worst sufferers of the socioeconomic crisis caused by the social distancing and lockdown measures imposed for combating the pandemic.Originality/valueThe study tries to explore the reality of the urban poor's right to the city in the wake of the pandemic.


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