Poverty in Perú (original) (raw)
Related papers
Hernando de Soto on Land Titling: Consensus and Criticism
plaNext - Next Generation Planning, 2016
The proliferation of informal settlements is one of the most relevant consequences of the urbanization process that has been affecting most of the cities in the Global South. Among the different ways to cope with this issue, the regularization of informal settlements through land titling has been one of the main shared strategies that scholars and policy makers have focused on for the last twenty years. A relevant and well-known contribution concerning this issue is the one provided by the Peruvian economist Hernando de Soto. Defined together, one of the best economists in the world, and the 'guru of neo-liberal populism', de Soto attracts both important endorsements and harsh criticisms for his theories. The contribution of this paper is to provide a detailed framework of de Soto main achievements, in terms of his current institutional influence and the international impact of his ideas, in contraposition with an analysis of the most relevant critiques developed against his theories.
2004 - The formalisation of property in Peru 2001-2002: the case of Lima.
Habitat International, 2004
This paper deals with the policy set by the Peruvian government between November 2000 and December 2002, to legalise urban property and secure tenure in Metropolitan Lima. During this period, significant adjustments were made to the legalisation policy. The most important of these are: (i) establishing a link between the central government and local governments; (ii) unifying real estate registries; (iii) promoting real estate registries; (iv) campaigning to register constructions (''factory declarations''); and (v) seeking to establish a link between title deeds and credit mechanisms. By means of these changes, the Peruvian State (post-Fujimori) has tried to give a technical function to the Commission on the Formalisation of Informal Property (COFOPRI) to replace the image of a policy that had been used politically for electoral purposes, under the Fujimori regime. Furthermore, the paper contributes recent outcomes on the policy proposals made by Peruvian economist Hernando de Soto which predicted that holders of title deeds would be able to obtain loans from private banks. This process, which has still not been consolidated, is described and reviewed below.
The formalisation of property in Peru 2001–2002: the case of Lima
Habitat International, 2004
This paper deals with the policy set by the Peruvian government between November 2000 and December 2002, to legalise urban property and secure tenure in Metropolitan Lima. During this period, significant adjustments were made to the legalisation policy. The most important of these are: (i) establishing a link between the central government and local governments; (ii) unifying real estate registries; (iii) promoting real estate registries; (iv) campaigning to register constructions (''factory declarations''); and (v) seeking to establish a link between title deeds and credit mechanisms. By means of these changes, the Peruvian State (post-Fujimori) has tried to give a technical function to the Commission on the Formalisation of Informal Property (COFOPRI) to replace the image of a policy that had been used politically for electoral purposes, under the Fujimori regime. Furthermore, the paper contributes recent outcomes on the policy proposals made by Peruvian economist Hernando de Soto which predicted that holders of title deeds would be able to obtain loans from private banks. This process, which has still not been consolidated, is described and reviewed below.
Hague Journal on the Rule of Law, 2009
we try to do at the ILD [the Institute for Liberty and Democracy] is build up a legal system of property that is based on the realities already on the ground.' Hernando DE SOTO (interview by Jeremy Clift 1) 'And so formal property is this extraordinary thing, much bigger than simple ownership.' Hernando DE SOTO 2 'How much security of tenure is enough? There was a time when (World) Bank task managers would have been comfortable with nothing less than full private ownership, with all the freedom of action that confers. However, experience and research have in recent years provided evidence that use rights, customary rights and leasehold rights can provide farmers with security of tenure sufficient to their needs.
The Many Dimensions of Deprivation in Peru: theoretical debates and empirical evidence
This paper aims at evaluating the empirical consequences of the theoretical debate on the nature of poverty, focusing in particular on the differences between Sen's capability approach and the mainstream monetary approach. The empirical analysis is performed using data from the ENNIV 1994 survey from Peru. Beginning with a brief review of the main issues emerging from the theoretical debate on the definition of poverty, a framework for comparing capability based and consumption based approaches is presented. A descriptive analysis of the various dimensions of deprivation is performed and the determinants of shortfall in basic capabilities are then modelled through 'capability production functions'. This analysis aims at identifying the relationship between monetary resources and individual achievements by testing for the significance and size of the 'parametric variations' which are at the core of Sen's argument against identifying poverty with monetary indic...
Journal of Commonwealth Law and Legal Education, 2004
Hernando de Soto's global bestseller , The Mystery of Capital, has transformed the previously obscure topic of land titling into an apparent cure for the world's ills. His achievement has been to focus attention on the relationship between sustainable capitalist economic development and the need of the Third World poor for secure land tenure. He challenges lawyers (and other professionals concerned with land management) to recognize the centrality of land to issues of social justice and development. The article links de Soto's call for integrated property systems with current cross-disciplinary academic discourses on urban law and development and postcolonialism. Specific themes (illustrated with country examples) are cadastral reform (Southern Africa), adverse possession (Israel/Palestine) and usucapio (Brazil), the relationship of customary and individual land tenure (Botswana), and land assembly and infrastructure provision for urban development (land readjustment in Japan and India). Keywords De Soto, land titling, urban development, indigenous land rights, adverse possession, usucapio, land readjustment 'government at all levels and civil society must be involved in working with the disadvantaged and the poor, removing obstacles to their obtaining land, and developing innovative mechanisms, instruments and institutions to help them obtain access to land and security of tenure via the market. Governments must also desist from actions that penalize such persons and lessen their opportunities to obtain and hold onto land.' (McAuslan 2002: 26) The Habitat II agenda focusses upon the fast-growing urban areas of the developing world. It is estimated that by the year 2025 80 per cent of the world's urban population will live in developing countries, many of them under conditions of extreme poverty and tenure insecurity, and about half of the world's population (three billion people) now live in urban areas. Various books, especially of collected papers, on the legal aspects of urban poverty have followed Habitat II (notably Fernandes and Varley 1998; Durand-Lasserve and Royston 2002; Payne 2002). The boundaries between urban and rural are being eroded, and a 'changing conceptual landscape' is emerging which recognizes the importance of the 'peri-urban' as an intermediate zone between urban and rural. Peri-urban areas are places of risk and opportunity, characterized by institutional fragmentation, mixed land uses, opportunities for multiple livelihoods, fragmented land holdings, fragmented social structure, and rapid change (Adell 1999; Brook and Davila 2000). The World Bank, USAID and other agencies were already committed to a framework of secure, transparent and enforceable property rights, perceived as a critical precondition for investment, economic growth and poverty alleviation (Deininger and Binswanger 1999; USAID 2002). The linkages between land titling and urban or peri-urban development in the Third World remained, however, a largely closed discourse within communities of development policy-makers and academics until the dramatic response to Hernando de Soto's book, The Mystery of Capital (De Soto 2000). The Peruvian economist's previous book, The Other Path (De Soto 1989), attacking the oppressive effect upon the poor of exclusionary laws and regulations devised in the colonial era, was a bestseller , but overtaken by The Mystery of Capital. De Soto himself is 'The Mystery of Legal Failure: Why Property Law Does Not Work Outside the West' This is the title of Chapter 6 of The Mystery of Capital, in which de Soto accuses lawyers of adhering to traditional processes, defending the status quo and sabotaging the expansion of capitalism: 'their knee-jerk reaction to extralegal behaviour and to large-scale change is generally hostile' (p.210). He calls for reformminded lawyers to organize themselves and influence political decision-making, and the concept of a propoor urban law is in itself a challenge to how lawyers are educated. While he has little to say about British or Commonwealth law, one section of his book (within his chapter on the United States) is entitled: 'Leaving behind Antiquated British Law'. British land and property law has been seen as difficult and complex, the preserve of specialists: in the rather bleak words of one specialist, taking 'a lifetime to master and when mastered is but lean, wasteful and barren learning'(a reformer in 1919, quoted in Simpson 1976: 24). The de Soto thesis would require property lawyers to look beyond their own construction of professional knowledge, and academic/professional networks have begun to emerge, such as the International Research Group on Law and Urban Space (IRGLUS), as part of a general widening of legal studies into theory, policy and cross-disciplinary approaches (Mansell, Meteyard et al. 1999). Much of the research on urbanization and the Third World poor has been undertaken by other disciplines, social scientists rather than lawyers, hence the title of McAuslan's latest book on the role of law in urban land reform, 'Bringing the law back in' (McAuslan 2003). The practice of land management includes not only lawyers, but other professions (such as valuers, planners, architects, land surveyors, archaeologists and ecologists) who may also have stakes in the reform of land law. Postcolonialism and globalization theory has provided new perspectives for the law and development movement, and socio-legal studies on the Third World. Legal systems have been among the most enduring