Tenure Rights Research Articles

Struggles of vehicle residents in Squamish: Challenging the capitalist and colonial institution of housing

In this conversation, Thomasina Pidgeon discusses her decision to live in a vehicle in Squamish, north of Vancouver, in British Columbia, Canada. This was a choice originally driven by the lack of affordable housing, but she continued with it after falling in love with life on the road. Her story sheds light on the broader issues of housing, gentrification, and societal attitudes toward non-sedentary life choices. For Thomasina, living in a vehicle offered a sense of freedom for her and her daughter, despite occasional problems, as well as a deep connection with nature that conventional housing couldn’t provide. However, as Squamish has grown more gentrified, particularly after the 2010 Olympics, the town has increasingly cracked down on vehicle residents, categorising them as unhoused and treating them as a problem. These restrictive regulations, according to Thomasina, are part of a larger system that prioritizes property values and profits over human needs, echoing colonial practices that forced nomadic communities to settle for the benefit of those in power. Her story calls for a shift in how we think about housing, urging us to go beyond housing as a capitalist and colonial institution, and towards a deeper understanding of the systemic issues that lead to the so-called housing crisis. Despite facing stress and anxiety due to these crackdowns, Thomasina continues to advocate for the rights of vehicle residents with the organization Vehicle Residents of Squamish, and to connect different struggles from Palestinian solidarity work to struggles against an LNG terminal.

Assessment of Carbon Stock and Sequestration Dynamics in Response to Land Use and Land Cover Changes in a Tropical Landscape

Quantitative analysis of LULC changes and their effects on carbon stock and sequestration is important for mitigating climate change. Therefore, this study examines carbon stock and sequestration in relation to LULC changes using the Land Change Modeler (LCM) and Ecosystem Services Modeler (ESM) in tropical dry deciduous forests of West Bengal, India. The LULC for 2006, 2014, and 2021 were classified using Google Earth Engine (GEE), while LULC changes and predictions were analyzed using LCM. Carbon stock and sequestration for present and future scenarios were estimated using ESM. The highest carbon was stored in forest land (124.167 Mg/ha), and storage outside the forest declined to 13.541 Mg/ha for agricultural land and 0–8.123 Mg/ha for other lands. Carbon stock and economic value decreased from 2006 to 2021, and are likely to decrease further in the future. Forest land is likely to contribute to 94% of future carbon loss in the study region, primarily due to its conversion into agricultural land. The implementation of multiple-species plantations, securing tenure rights, proper management practices, and the strengthening of forest-related policies can enhance carbon stock and sequestration. These spatial-temporal insights will aid in management strategies, and the methodology can be applied to broader contexts.

Do immigrants at bay keep the xenophobes away? Post-entry rights and public opposition to immigrant admission

Abstract Many citizens in liberal democracies are concerned about immigration and its impact on their countries. Governments often seek to address these concerns by restricting the post-entry rights of immigrants such as the right to permanent settlement or access to welfare benefits. Thereby, it is expected that immigrants with an inferior legal status are (perceived as) less threatening to natives and, as a result, make the latter more willing to accept new immigrants. Does this policy rationale indeed attenuate public opposition to immigrant admission and thus allow for the reconciliation of the economic need for immigrants with the political concerns of domestic constituents? This study advances the theoretical argument of a rights-conditionality in citizens’ immigration preferences and provides empirical evidence on the phenomenon. A factorial survey experiment among citizens in the United States and Switzerland tests the effect of residence and welfare rights on the public opposition to immigrant admission. The results show that restricting immigrants’ welfare rights does significantly decrease public opposition towards immigration across the two countries. In contrast, restricting immigrants’ residence rights does not, and in the context of Switzerland, even increases opposition to immigrant admission. Citizens critical of immigration are thus not per se more welcoming to immigrants if they receive an inferior legal status but seem to care about immigrants’ contributions and commitment to the receiving society. The findings highlight the importance of immigrants‘ post-entry rights in the view of citizens and show how the design of immigration policies may help to understand public immigration preferences.

A Study on the Effect of Residential Real Estate Intrinsic Characteristics on Auction Successful Price - Focused on the Characteristics of the Tenant Rights Protection System

A Study on the Effect of Residential Real Estate Intrinsic Characteristics on Auction Successful Price - Focused on the Characteristics of the Tenant Rights Protection System

A Study on the Effect of Residential Real Estate Intrinsic Characteristics on Auction Successful Price - Focused on the Characteristics of the Tenant Rights Protection System

A Study on the Effect of Residential Real Estate Intrinsic Characteristics on Auction Successful Price - Focused on the Characteristics of the Tenant Rights Protection System

Ideal Government Policy In Fulfilling The Social and Cultural Economic Rights of Sangir Philippine Citizens

Introduction: Fulfillment of economic, social and cultural rights is a reflection of guaranteeing human rights. However, the economic, social and cultural rights of every citizen must be supported by their status as a citizen. Because a person's citizenship status has the effect of giving them a number of rights as a citizen. This problem occurs for Sangir Filipino residents whose citizenship status is unclear.Purposes of the Research: Is to examine and analyze the ideal policies taken by the government, especially the regional government of Bitung City, North Sulawesi Province, in addressing issues that provide economic, social and cultural rights for Sangir Filipino residents who have unclear citizenship status, so that this has an impact. on Providing their rights as part of providing human rights.Methods of the Research: In this research is normative juridical research using statutory regulations and a contextual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. This legal material was obtained through literature review and then explained qualitatively.Results of the Research: Show that the citizenship status of Sangir Filipino residents does not clearly have an impact on the provision of economic, social and cultural rights. There is a need for policies by the Regional Government and the Central Government, such as updating national laws that simplify the citizenship registration process, providing outreach to Sangir Filipino residents about the importance of a clear citizenship status, and the need for participation from all elements of society in order to overcome this problem.

Trust-type Development Projects and Review of the Right of Occupancy of Landowners

In the case of development projects by association, the Supreme Court's decision 2020du36724 (so-called '1-person multiple rights decision') dated 2023.02.23. and the Supreme Court's decision 2022du56586 (so-called '1-generation multiple rights decision') dated 2023.06.29. were analyzed in relation to the interpretation of the qualifications of association members and the status of landowners to receive distribution under the Urban Development Act. In addition, a systematic interpretation was attempted on the necessity of distinguishing between the status of association members and the status of distribution recipients of landowners, etc. under the Urban Development Act, whether the status of association members and distribution rights of those who have acquired land, etc. from 1-person or 1-generation multiple rights holders are recognized, and whether the overlapping application of Article 39, Paragraph 1, Subparagraphs 2 and 3 of the Urban Development Act can be recognized under the principle of legal interpretation. In addition, based on the above unified and systematic interpretation of the combined-type development project, an analysis was conducted on how to review the occupancy rights of landowners in the trust-type development project introduced after 2015. In particular, the Supreme Court decisions 2020du36724 (1-person multiple rights decision) and 2022du56586 (1st generation multiple rights decision) examined above have presented controversial views and implications in the academic world regarding the status of landowners as members of the association, whether the representative association member and the remaining landowners are each recognized as having independent subscription application rights. Meanwhile, the 1st generation multiple rights decision suggests that the representative association member should be selected by overlapping the 2nd and 3rd clauses of Article 39, Paragraph 1 of the Urban Development Act among multiple landowners and transferors. In relation to the content of this ruling, we have reviewed the relationship between legal stability and specific validity, the principle of literal interpretation, and the limitations of systematic and logical interpretation presented in the Supreme Court’s 2011du19239 ruling regarding the interpretation of the law. In addition, in the case where a trustee is designated as a project executor in accordance with the revision of the Urban Development Act on February 9, 2018, the “designation of a project executor” can be considered as “approval of establishment of an association,” and the qualifications of the association member (consignor) can be judged, etc., so the principle of one household per generation can be applied in the same way as in the association-type development project.

The effect of Kenya’s immigration policy on regional integration in the East African Community

The purpose of this study is to examine the effect of Kenya’s immigration policy on regional integration within the EAC. Although Kenya’s immigration policy aligns with the East Africa Community Map (EACMP), as detailed in the 2010 Kenyan Constitutional and the Kenyan Citizenship and Immigration Act of 2011. Obstacles persist that prevent the free movement of people, labour, establishment rights, and residence rights despite East African Community (EAC) foreign citizens being exempt from visa and work permit requirements. The Kenyan government, however, insists on demanding these documents. The study employed a mixed methods approach with a convergent parallel research design. Quantitative data was analysed using inferential statistics in SPSS version 25, while qualitative data was analysed through content analysis. A sample size of 400 respondents was used. The findings show that Kenya’s immigration policy has successfully encouraged the free movement of labour, people, establishment rights, and residence rights within the EAC. In conclusion, Kenya’s immigration policy has significantly contributed to advancing regional integration within the EAC. It is suggested that the Kenyan government simplify the permit procedures for EAC investors aiming to establish legitimate businesses in Kenya. The immigration policymakers in Kenya should ensure that the rights and benefits available for EAC foreign nationals wishing to reside in Kenya are covered by the policy in accordance with EACMP.

Integrating residents’ rights and infection prevention in nursing homes: Summary of the Infection Control Advocate and Resident Education (ICARE) learning modules pilot for long-term care ombudsmen, residents, and other nursing home advocates

The Infection Control Advocate and Resident Education educational modules integrate and promote infection prevention and control (IPC) measures and residents' rights in nursing homes, targeting long-term care ombudsmen, residents, families, and other resident advocates. Survey respondents (N=102) reported increased knowledge in understanding IPC and preserving resident rights. Integrating these topics and identifying barriers to promoting IPC is necessary for implementing quality IPC in nursing homes.

지방선거에서 중국인 등 외국인 영주권자 선거권 배제 필요성에 관한 연구

In 2005, during the Roh Moo-hyun administration, South Korea gave foreigners the right to vote for local council members and heads of local governments. Koreans living in China cannot cast a single vote in elections held in China. Foreign permanent residents residing in South Korea can vote after only three years. The number of Chinese permanent residents in South Korea is approximately 150,000, and the number of permanent residents who are foreigners and can participate in elections in 2026 is expected to be 181,251. This can be said to be an example of deviating from the principle of reciprocity in that one can vote in Korean local elections even if one does not have Korean nationality. The current law has some unreasonable aspects and is not fair from the perspective of reciprocity. Additionally, there have been attempts by China to interfere in elections in Australia and Canada, and voices of concern about Chinese political intervention are growing. These laws that violate reciprocity must be revised. Based on the principle of reciprocity voting rights for foreign permanent residents including Chinese should be excluded.

Large-scale agro-industries and host community land restitution demands: understanding the land-use conflicts between the CDC and Fako elites in the south west region, Cameroon

Large-scale land acquisition has been frequent in most parts of Africa. This frequently led to extensive dispossession among other pitfalls of violation of indigenous land ownership rights. A significant proportion of Fako division’s fertile slopes and plains were expropriated by the Germans for implantation and development of plantations. Ownership rights of indigenous community lands were transferred without the legal consent of the rightful native authorities. Against the backdrop of this colonial intrusion and consequential violations of local customary tenure rights, the growing need for justice and restoration of dignity has been a shared value among a preponderant proportion of the local Bakweri ethnic group. This culminated to a restitution decision of CDC leased lands to the Bakweri by the African Commission on Human and People’s Rights. Nonetheless, the proportion of restituted lands has not been significant and satisfactory enough to conciliate the expropriated host communities of the extensive CDC leaseholds. As such, landownership contestations and its consequential socio-political tensions still persist in Fako. This paper is centered on yet a more frequently expressed contestation: encroachment into and occupancy of CDC leaseholds by natives of Fako as a whole and Ndongo of Tiko sub-division in particular. Prior extensive documentary review was done which pointed to the locality of Ndongo as a suitable case of interest. Contrary to the general land grabbing tendencies of agro-businesses, community members here are accused of unauthorized intrusion into and tenancy of lands with legal ownership rights belonging to the CDC. The study was ethnographic comprising of individual in-depth interviews and observations.

Conversions: The emerging informalisation of housing in the Global North

Housing informality in the Global North is becoming an increasingly important topic amongst planners. In this paper, we build on recent debates on informality and planning to highlight forms of housing informality that emerge at the intersection of affordability crises, and capitalism’s new extractivist frontiers through digital platforms. Using the lens of conversions, we show how the flexible transformation of building uses, from commercial to residential (and vice versa) by landlords create new and emerging forms of informality and subsequent planning challenges. These conversions present three specific characteristics: platform-led rapidity, regulatory grey areas, and professional intermediation. These are being extended through corporate and institutional alignments with for-profit motives of rent extraction, and by rapid real estate investment dynamics. Such conversions do not involve material of physical alterations to the built form and thus remain invisible. They exist flexibly in the grey areas of the law, and as a consequence, the rights of tenants, users and those of the wider community become weaker. We focus on examples of property guardianship and digital platforms-enabled home-sharing in England to illustrate our argument, and propose emphasising conversions as dynamic processes to draw attention to their implications for planning theory and practice.

Research on tourism spatial justice based on residents' perception: A case study on Babao Town of Qilian Mountain National Park (Qinghai area)

As an important nature reserve, national parks play an important role in tourism development, not only in helping residents find employment and maintain vitality, but also in recovering funds, natural education, and environmental protection. Therefore, in the development of national park tourism, it is necessary to adhere to the development concept of spatial justice to ensure the fairness of tourism development. Based on the theory of fairness preference, this paper divides tourism spatial justice into intentional justice, procedural justice, participatory justice, distributive justice, and resultant justice, and discusses the influence relationship between them. Through the questionnaire survey, 241 effective samples are obtained, the structural equation model of tourism spatial justice is constructed, and the path analysis and intermediary effect test are carried out. Research findings: (1) In the tourism spatial justice perception model, procedural justice, participatory justice, and distributive justice all have a significant positive impact on resultant justice, and the path coefficient of distributive justice is the largest. (2) On the path from intentional justice to resultant justice, procedural justice, and participation justice play an intermediary role respectively; Procedural justice and participatory justice, procedural justice and distributive justice play a chain intermediary role respectively. This study divided the dimensions of tourism spatial justice, incorporating participatory justice and distributive justice into traditional equity preference theory, and proved the perception model of tourism spatial justice from the perspective of community residents. At the same time, the interrelationships within the model were verified and explored, exploring the differences between the implementation of tourism spatial justice in national parks and general tourism destinations, to enrich relevant research in the field of tourism spatial justice in national parks and provide reference for the tourism development of national parks. Management implicationsThe development of tourism destinations is pursuing the goal of realizing spatial justice in tourism. The uneven distribution of tourism benefits within national parks is the main reflection of the issue of tourism spatial justice in this study. National park tourism development aims to improve the perception of fairness among local residents and optimize the distribution plan of tourism benefits. The perception of other forms of justice is influenced by the issue of procedural justice among residents. The only way to ensure effective justice in the tourism space within national parks is by ensuring that residents' rights are not compromised in tourism development. In the future, the construction of national parks should attach great importance to considering the distribution and rights of residents, avoiding the problem of residents being able to participate but unable to make profits, in order to better achieve the overall function of national parks.

Navigating Religious Refusal to Nursing Home Care for LGBTQ+ Residents: Comparisons Between Floor Staff and Managers.

Religious exemptions (exceptions to nondiscrimination laws for individual religious/moral beliefs) in health care have surged, negatively affecting LGBTQ+ older adults in nursing homes with some of the highest caregiving needs. Given job differences between floor staff and managers, this study asks: How does meaning-making differ between nursing home floor staff and managers when staff refuse to care for LGBTQ+ residents? To answer this question, this study uses social coherence as a conceptual framework to understand the process of reflection that staff employ when a colleague invokes a religious exemption to care. This qualitative comparative study uses in-depth semistructured interviews to compare responses from nursing home floor staff and managers (n = 80). Qualitative content analysis incorporated inductive and deductive coding approaches. Staff invoked 5 frames to reach social coherence: fairness, resident safety and comfort, individual religious beliefs, job obligations, and laws/policies. Floor staff and managers invoked the same 2 reasons (fairness, resident safety and comfort) to reach social coherence. However, floor staff differed from managers by also invoking individual religious beliefs and job obligations; whereas managers turned to laws and policies to reconcile tensions between religious rights and LGBTQ+ resident rights to care. In an increasingly polarized world, findings from this study illuminate nuances (and potential new areas of allyship) in how floor staff and managers understand and use various frames when deciding whether or not to accommodate a colleague who refuses care to an LGBTQ+ resident because of religious or moral reasons.

Living on the Margins, Working in the Planned: Domestic Workers Traversing to/Between Squatter Settlements and Planned Colonies in South and South-West Delhi

This article explores the lives and labour dynamics of domestic workers in Delhi, focusing on their work in planned colonies and residence in jhuggi jhopri (JJ) clusters, or squatter settlements. Through narratives and in-depth interviews, it explores the complex interplay between these women’s employment and the broader urban landscape. The study investigates the intergenerational journey of domestic workers, tracing their migration from rural areas to urban centres in search of better opportunities. Further, it unpacks the realities of exclusion faced by domestic workers, residing in JJ clusters, which often lack legally secured tenure rights and access to basic amenities. The article examines the systematic flow of labour from JJ clusters to nearby planned colonies, where domestic workers play a crucial role in the functioning of households. Despite contributing significantly to the urban workforce, domestic workers remain in the shadows of planned development, enduring informality and inadequate legal protections. Through an interdisciplinary approach, this research highlights the socio-spatial dynamics that confine domestic workers to their settlements and restrict their mobility options. By understanding the intricate relationships between gendered work and urbanisation, this study aims to contribute to the creation of more inclusive and equitable urban spaces, shelter and employment in Delhi and beyond.

The Impact of Off-Farm Employment Recession and Land on Farmers’ Mental Health: Empirical Evidence from Rural China

The agricultural land management under the household responsibility system (HRS) in rural China empowers farmers with land tenure rights, meeting the basic needs for their livelihoods and employment by cultivating the land. This paper investigates the pivotal role of agricultural cultivated land as a social safety net, ensuring livelihood security for farmers confronting a recession in off-farm employment. Our analysis is based on data collected from six provinces (Heilongjiang, Henan, Zhejiang, Yunnan, Shandong, and Anhui) in the rural areas of China from 2019 to 2020. We investigated the impact of the off-farm employment recession on the mental health of farmers and the moderating effect of land as a social safety net on the relationship between the off-farm employment recession and mental health. The analysis points to the following results: (1) The majority of farmers have significantly reduced off-farm working time during employment recession. (2) The off-farm employment recession has worsened farmers’ mental health. (3) Farmers’ land assets through tenure rights provide both income and employment security functions, which can mitigate the adverse effects of the off-farm employment recession on their mental health. The findings of this study highlight the crucial role of land assets to reduce the negative impact of unemployment in the context of economic recession, emphasizing the significance of the policies supporting the land rights among vulnerable rural groups.

Law and borders: Entrepreneurs' immigration status and trade credit

We examine whether the immigration status of entrepreneurs is a concern for creditors when extending trade credit. Utilizing the disclosure of overseas residence rights of controlling shareholders in China, we show that overseas residence rights negatively affect firms' ability to obtain trade credit. This negative association is attenuated if the overseas jurisdiction has an extradition treaty with China. Our results are robust to the introduction of the Hong Kong national security law as a source of exogenous variation in the boundary of domestic law. The decrease in trade credit provision is more pronounced in firms that are perceived as less trustworthy (i.e., with less social trust or higher expropriation risk). Our results offer new insights into how the reach of law across borders can affect firms' financing activities.

Cross-border healthcare-seeking and utilization behaviours among ethnic minorities: exploring the nexus of the perceived better option and public health concerns

BackgroundMany ethnic minorities in Hong Kong seek medical tourism after encountering inequalities in access to local healthcare because of language barriers and cultural-religious differences. The present study explored the ethnic minorities’ lived experiences of medical tourism and issues arising from cross-border health-seeking relevant to this specific population.MethodsQualitative in-depth interviews with 25 ethnic minority informants from five South Asian countries in 2019.ResultsThe 19 informants out of the 25 have sought assistance from their international networks for home remedies, medical advice and treatments of traditional/Western medicines, for they are more costly or unavailable in Hong Kong and for issues related to racial discrimination, language barriers, transnationalism engagement, cultural insensitivity, and dissatisfaction with healthcare services in Hong Kong.DiscussionMedical tourism can relieve the host country’s caring responsibilities from healthcare services, so the government might no longer be hard-pressed to fix the failing healthcare system. Consequently, it could cause public health concerns, such as having patients bear the risks of exposure to new pathogens, the extra cost from postoperative complications, gaps in medical documentation and continuum of care, etc. It also triggers global inequities in health care, exacerbating unequal distribution of resources among the affordable and non-affordable groups.ConclusionEthnic minorities in Hong Kong sought cross-border healthcare because of structural and cultural-religious issues. The surge of medical tourism from rich and developed countries to poor and developing countries may infringe upon the rights of residents in destination countries. To mitigate such negative impacts, policymakers of host countries should improve hospital infrastructure, as well as train and recruit more culturally sensitive healthcare workers to promote universal health coverage. Healthcare professionals should also strive to enhance their cultural competence to foster effective intercultural communication for ethnic minority groups.

Towards a more just approach to community forestry initiatives: Confronting contradictions, trade-offs, and threats to fairness

Community forest management (CFM) has gained prominence globally and shown great value as a community-based conservation approach to protecting and sustainably managing forest ecosystems while, at the same time, devolving tenure rights to local populations and stimulating local livelihoods and economies. Given CFM's relative successes and socioeconomic goals, it is often assumed to be an inherently just approach. Here, we challenge that assumption. We present a framework rooted in environmental justice to uncover how some initiatives can perpetuate or exacerbate unfairness and thus undermine the core purpose and spirit of CFM. We put forward three questions on the fairness of CFM programs. First, we call to question the imposition of new CFM-related restrictions and rules, considering Indigenous and local communities' legal autonomy and/or long-standing de facto rights. Second, we interrogate the burden of CFM-related economic costs and opportunity costs, in light of communities' poverty conditions and vulnerable livelihoods. Third, we examine the fairness of focusing on the role of local communities in tackling deforestation and forest degradation, given these groups might not be the ones primarily responsible for those problems. Our discussion exposes several contradictions, trade-offs and justice implications of CFM that have remained largely unrecognized. We conclude by providing recommendations for a more just approach that centers a rights-needs-merit rationale. Our analysis is relevant for community-based conservation efforts around the globe.

Enhancing Housing Awareness and Knowledge: The Malaysia Indigenous Community Outreach Project

This research examines the housing challenges faced by the Indigenous community in Malaysia and implements an outreach initiative implemented by the Universiti Kebangsaan Malaysia (UKM). The aim of this project is to improve living conditions and address issues such as overcrowding, inadequate infrastructure, and lack of essential amenities through educational programs and active community engagement. By closely collaborating with local leaders and members, this program offers specialized courses on residency rights, sustainable practices, and practical skills. Furthermore, it sheds light on economic barriers, health risks, and cultural assimilation challenges experienced by these communities. The findings underscore the need for comprehensive policy measures that integrate economic empowerment with residential improvements while reinforcing legal support for land ownership and residential rights to promote culturally sensitive development policies.