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“Parliamentarians Can Make the Difference: Pavement Dwellers’ Right to Survive”

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EXECUTIVE SUMMARY

The issue of ‘pavement dwelling’ is part of the broad spectrum of homelessness in Bangladesh. ‘Homelessness’ is a wide term and can be defined by the length and nature of residencies, the socio-political and economic context, the nature of exclusions, the availability of services and their governance. Therefore, a single solution is difficult to identify.
There have been limited formal studies by the government on the issues facing pavement dwellers. Their plight has been ignored in policy discourses. Instead policy has often been to the pavement dwellers detriment, for example city/municipal corporation have a legal obligation of protecting pavements and therefore regularly evict pavement dwellers.

Pavement dwelling has come to be nearly accepted as a normal part of Bangladesh’s urban life, as summarized by the following quip” ‘Suppose, you have just dropped in Kamolapur railway station, but no pavement dwellers are there, you certainly would be confused, whether you are in right station?’

Study Rationale: The purpose of this study is to provide parliamentarians with the information needed to effectively respond to the issue of pavement dwellers. It documents the nature and status of urban pavement dwellers, their number, sex, status of inclusion-exclusion and access to services and of the existing policy practices from a right based perspective. In absence of classified data, the study is an attempt to establish a baseline perspective through an objective analysis of the facts and findings against which future progress can be measured.

As part of the strategic partnership between All Party Parliamentary Groups (APPG) Commission of Bangladesh Parliament and Concern Worldwide the issue of ‘Pavement Dwellers’ was highlighted first as a connected issue to extreme poverty. Later in November 2011, thirty-seven Members of Parliament got oriented on the issue of pavement dwellers through two separate sessions, where the MPs were touched by the harrowing tales of the hapless urban poor. They sincerely expressed their willingness to act on behalf of these people whose stories remained untold for many years. The MPs felt that improvement of the life of these sections to human from a sub-human state is one of the core responsibilities of the elected representatives and there should have strong commitment to bring to an end to their miseries. Thus, the study can be considered as an immediate outcome of the expression of interests by the parliamentarians.

Methodology: The study is predominately premised on qualitative approach. The methodology of this study broadly included review and consultation. The review included chronicling of information sourced from a huge quantity of public documents and surveys, research reports, journals, various materials and books pertaining to Pavement Dwellers issue. The consultation method was adopted with a view to collect primary information pertaining to the study. As part of qualitative approach, the consultation method employed mainly informal discussion at the individual level based on the issue of any information-disagreement that emerged out of the secondary literature review. The informal discussion involved three major stakeholders representing honourable Members of Parliament, civil society actors and pavement dwellers. The final report was prepared following a three-step process. At first stage, external consultant collected and scrutinized the available literature. After having first-cut scanning of these documents done, initial first draft was developed. At stage two, primary information was collected. After having primary data collection completed, the second cut of scanning of secondary documents was made in order to do interfacing of secondary information with primary information. At the third stage, an independent third party editorial panel edited the content of the whole report and developed the full-fledged report along with the elaborated executive summary.

Right-based Study Perspective of Pavement Dwellers: The study has perceived the issue of pavement dwellers from the rights perspective. From this perspective, pavement dwellers have been considered as the poorest of the urban poor whose human, socio-cultural, political and economic rights are in extremely in danger. More particularly, pavement dwellers are those whose:

 human rights like right to life, liberty, security, family, home and prohibition against torture are in serious threat;
 socio-cultural rights like physical and mental health, education, social security and participation to cultural affairs are very much restricted;
 political rights like identity, participation to governance and political processes and protection through policy practices are in serious crisis;
 and economic rights like choice of occupation, right to food, clothing, and standard of living and freedom from hunger are in extremely critical situation

Demographic Aspects of Pavement Dwellers: The Population Census 1997 counted data of 32,081 pavement dwellers in urban Bangladesh is the most recent count and thus is used widely in the available development literature. However, with over 6% urban population growth rate over the last decade along with increased number of extreme climatic events for last couple of years, their number is assumed to have increased significantly to possibly around 50,000 now in Dhaka alone. During different national and religious festivals the figure reportedly increases further while during rainy season the figure reportedly gets reduced. On the other hand, HIES 2011 data do not support this estimation since it has reported a significant reduction of urban extreme poverty to around 7.7%. Little is known regarding women and children count among the pavement dwellers.

“Chinnumul”, “Rootless”, “Pathobashi”, “Floating People”, “Street dwellers”, “Rough Sleepers” - so many terms are used today to refer the people who sleep and live on the pavement. They are a distinct group from the homeless or slum dwellers. They live in the city streets, footpaths, or pavements and building small hutments, or sleep in parks, bus terminals, railway stations, piers (launch ghat), stadium, construction sites, over-bridge, bus/truck, around graveyards and stairways of public buildings, markets and in other public spaces. They have no fixed roof overhead and often they sleep under the open sky without any shade or fences. Male, female, children, disable, widow, divorced, separated, old aged, majority, minority - pavement dwellers include all. The main reasons for a pavement dweller to choose a place to sleep include a) earlier linkage and know-how of the place and community since they have migrated from the same location, and b) access to work. Women are more likely to sleep with family members or friends. Unless forced to leave, pavement dwellers are seen living in the same place for a comparatively long period of time, most often the length varies between 10 to 15 years (PCSL 2011).

Occupationally, pavement dwellers belong to the daily wage earning category. Different forms of day labouring like luggage carrying in transport centres, unloading trucks in markets, van/rickshaw pulling, vegetables picking during unloading trucks, restaurant works, solid waste collection and recycling, begging, scavenging and street vending, drug transport and selling, domestic work and commercial sex selling among others constituted with their main occupational categories. Very few of them observed to engage in service occupation and small businesses and sewing and garments works. However, occupations vary between men and women and mainly determined by the associated opportunities of the living place. Women mostly engaged in begging, domestic work, scavenging, street vending and sex selling while men mostly in day labouring activities, begging, scavenging and transport work. Reportedly, men get paid more than women.

Socio-cultural, Political & Economic Aspects of Pavement Dwellers: Economically, socially and politically urban pavement dwellers belong to the extreme poor category. In consideration to both Calorie intake and cost of basic needs (CBN) measurements, they are the poorest of the urban poor and are excluded from all forms of social and political participation. Available literature suggest that only around one-third of them can afford three meals a day, but sources of food included begging for food or food provided to the housemaids. Physical labour, family members, a set of portable belongings like polythene, a plastic sheet, jute bag, pillow, mosquito net and quilt in most cases constituted their entire capital. Men often have more assets than women.

Many pavement dwellers are functionally illiterate (51.2%), though some have studied up to primary level (PCSL 2011). Reportedly, there is hardly any difference in level of education between the sexes. Pavement dwellers from Chittagong present the worst case scenario in all aspects of education. Considering children, the scenario is further disappointing. Available studies suggest that only around 50% of children from pavement dwellers attend school. Many of the school going aged children reportedly are engaged in income generating activities.

Due to the lifestyle on the street pavement dwellers are more likely to suffer from injuries and medical problems. Cold/cough/fever, stomach upset/diarrhoea/stomach pain, scabies, sexual disease and others respiratory infections are seen common among them. Child birth in the street without any registration and growing up in the same place is reportedly a common practice in pavement living. One ICDDRB study 2011 found that morbidity is extremely high among street dwellers.

WASA installed tap, tube wells, shops, religious centres and available other public places are reported as their main sources of drinking water. In Chittagong reportedly a few pavement dwellers have to pay for their drinking water. Anecdotal evidences suggest that on average, pavement dwellers pay around Tk 7 each day for collecting water for household consumption. However, when available, pavement dwellers use natural lakes, ponds, rivers and canals for water.

Health and hygiene practices are low among pavement dwellers. Defecating in open space particularly in drain or on road side is reported to be high, around 25%. Though the majority use public toilets, paying for toilet facility is common, around three-fourths. On an average, they have to spend between Tk. 3 to 7 spent for toilet facilities per day based on their geographical location. Women usually try to avoid using public toilets since they are unclean, smelly, have broken door, no roof and very slippery floor. Women prefer to defecate in open space after dusk or at early morning.

Access to Services: Available literature suggest that access to a minimum package of essential services like health, education, electricity, water and sanitation is crucial for reducing poverty and improving welfare. Pavement dwellers access to these services however is analysed to be one of the lowest among the urban poor.

As reported, along with rapid increases of urban population and inadequate services and institutional incapacities, existing policy provisions and public service delivery mechanisms are not explicitly targeted for this group of people. They lag behind in terms of key health indicators, such as immunization, antenatal care (ANC), and skilled attendance at birth (ICDDRB 2011). Since living in the street is considered illegal, it is likely that pavement dwellers are excluded from existing public services such as education, water, sanitation, and electricity, banking and legal protection. Most of the tortures and oppressions on these people remain unnoticed as they do not possess any legal rights to protest against the oppressions.

International development agencies and INGOs in partnering with some national NGOs and often with ministries/departments and local government institutions have initiated a few essential services and facilities for the pavement dwellers. These include health services, bathing facilities, child care, child education and protection, cooking facilities, lockers, day time rest opportunity and life skill and motivational training. Health services further included treatment for STDs and HIV/AIDS, behaviour-change programme among street-based sex workers, primary health care services through mobile clinic, curative and preventive health care services for children through indoor and outdoor clinics and mobile medical team. Child-friendly support and services include drop-in centres, night shelters, hostels, open schools, clubs, and vocational training. A few drug rehabilitation centres have also been established.(Ahmed et al., 2011).

However, these services and facilities are all specific projects and thus have a limited area of coverage and specific target groups. They are not accessible for the whole pavement dwelling communities and they cover only a few essential services.
Perspective of Rights: Pavement dwellers are treated inhumanely irrespective of age and sex. Despite living in the same place for a significant period of time they have no postal address, voter number or social identity, which restricts them from getting a decent job or services. Lack of education, skills and healthcare restrict them from any gainful livelihoods.

Pavement dwellers are not protected at all. They have no personal security, let alone social security. They are in persistent threat of eviction, harassment and violence of all kinds. They are harassed by the important right bearers like police, employers, relatives, and mastans. Extortion, unwanted advances, rude gestures, physical torture, rape and eviction reportedly are more common among the forms of harassments. The women are comparatively more in disadvantaged situation as regards to eviction, harassment and violence. It becomes more acute in case of single women. Women frequently suffer physical abuse at the hands of both husbands and outsiders such as law-enforcement people, local miscreants, and male friends. Men often get into violent fights over sleeping space and food and get assaulted by police. The homeless men reported taking high levels of locally-available illegal substances, such as marijuana, grain alcohol, and heroin. The duration of eviction depends on high officials’ visits, replacement of a new group of police and wishes of particular officials or police. In almost all instances, eviction victims are observed to move temporarily to a nearby place and return to the same location after only a few days.

What is worth mentioning is that in spite of the persistent vulnerability and shocks, having taking the challenges of all worst forms of occupations and labouring, pavement dwellers have continued their efforts to support the day to day functioning of city life. They are an indispensable part of the consistent higher economic growth of the Bangladesh’s cities and towns. They have achieved this through the effective management of the very small resources they have. As evident in different studies, pavement dwellers mostly exercise intimate mutual relationships among themselves and compose a sense of community. They circulate gained assets within this community by means of loans, barter or simply giving in times of extreme needs. They simultaneously share their assets and stresses as well as work together to perform daily needs/works. Basic livelihood earnings are usually obtained as an outcome of social interactions with surrounding peoples by means of employment or charity. (Shoma 2011).

Global and National Policy Practices and Political Commitment to Right Aspects: The status of pavement dwellers does not align with either global or national policy provisions. Political leaders worldwide have committed to safeguarding the rights of the extreme poor like pavement dwellers and to reduce poverty of all forms. The Millennium Development Goals set extreme poverty reduction as the number one priority. Achieving universal primary education, promotion of gender equality and empowering women, reducing child mortality, improving maternal health, combating HIV/AIDS, Malaria and other diseases, ensuring environmental sustainability are among other the main priorities under MDGs. These all indicates that pavement dwellers rights are well targeted in the MDGs.

There are clear provisions for pavement dwellers protection in the human rights documents. Article 3, Article 5, Article 12, Article 22, Article 25, Article 26 and Article 27 under the Universal Declaration of Human Rights, Article 7, Article 9, Article 17, Article 24 under the International Covenant on Civil and Political Rights, Article 9, Article 11, Article 12 and Article 13 under the International Covenant on Economic, Social and Cultural Rights clearly reflect the same that pavement dwellers rights need to be protected. Apart from these, the Convention on the Elimination of All forms of Discrimination against Women 1979, and the Convention on the Rights of the Child 1989 have clear declarations for protecting pavement dwelling women and children.

The stated human rights are well translated and protected in national policy documents. The preamble of the Constitution, pledges that ‘it shall be a fundamental aim of the state to realize through the democratic process a socialist society, free from exploitation-a society in which rule of law, fundamental human rights and freedom, equality and justice-political, economic and social, will be secured for all citizens”. Article 14 of the constitution imposes fundamental responsibility on the state to emancipate the toiling masses-the peasants and workers-and backward sections of the people from all forms of exploitation. Apart from declaration and prohibition of discrimination only, the Constitution also has prescribed provisions for affirmative action for the progress of the backward section. Article 28.4 reads, ‘nothing in this article 28 shall prevent the state from making special provision in favour of women or children or for the advancement of any backward section of citizens’.

Apart from these constitutional provisions, the Government is committed to upholding the MDG targets of reducing extreme poverty and the promotion of rights of women and children. This committed has been well reflected in all contemporary policy documents like the Country Investment Plan, Sixth Five Year Plan and Perspective plan. In the political parties last election manifestoes there even observed clear commitment on these. A set of newly framed policy/programmes also are seen targeted towards this end. Both allocation and coverage of the existing social safety net programmes like Food for Works Programme, VGD, VGF, Test Relief programmes old age allowance, cash benefit to different destitute groups like people with disabilities, destitute women are seen on an increasing trend, 22,556.05 crore taka allocated only in 2011-2012. Special allocation through budgetary provisions is also marked on this such as employment scheme for hard core poor, Shishu bikash Kendra, Disable service and assistance centre. New initiatives also are underway like rehabilitation and alternative employment programme for beggars initiated in 2009-2010, Ashrayon Prokolpo-2, Ghore Fhera (Returning to home) Programme restarted in 2009-2010.

In spite of all these, what appeared from the stated analysis is that pavement dwellers remain excluded from all the policy and practices although they represent one of the most extreme forms of poverty in urban context where most of the parliamentarian and other right bearer stakeholders live. Government policy directions towards the inclusion of pavement dwellers as one of the extreme forms of poverty did not get translated into the existing policy discourses and development programmes. The situation is like that pavement dwellers itself get excluded from the category of extreme poor. In absence of any legal identity they are excluded from all kinds of public services and benefits.

Recommendations:
In view to the above the study considered it right time to raise parliamentarians’ voice to translate the issues of pavement dwelling into the existing policy practices. The following set of recommendations can be considered in this:

a) Systematic documentation: Appropriate information and diagnosis of the problem and systematically documenting the same through existing documentation mechanisms like HIES, City Corporations/Municipalities implemented documentation measures is the first prerequisite. Parliamentarians need to raise voice on this.

b) Inclusion in the policy provisions: Parliamentarians need to play a critical role to inform the policy makers of the gap that existing policy provisions like ‘Vision 2021’, Country Investment Plan, Sixth Five Year Plan, Perspective Plan, Women Development Policy 2011, National Child Policy 2010, Housing Policy and city corporations/municipality ordinances lacks right addressing of the issues of ‘pavement dwellers’ in spite of the fact that they are poorest of the urban poor.

c) Inclusion in the existing development programmes and practices: Parliamentarians should influence the incorporation of pavement dwellers issues into the existing development and safety net programmes targeted for extreme poor like Food for Works Programme, VGD, VGF, Test Relief programmes, old age benefit, cash benefit to different destitute groups, employment scheme for hard core poor, rehabilitation and alternative employment programme for beggars, Ashrayon Prokolpo-2, Ghore Fhera (Returning to home) Programme, slum development programmes by the municipalities and city corporations and so on.

d) Governance improvement: Parliamentarians can play the much needed monitoring role of the existing programmes targeted for the extreme poor from the perspectives of access and inclusion of pavement dwellers in the running programmes.

e) Coordination among NGOs and development agencies implemented programmes: A holistic coordinated programme appeared more meaningful on this in which there should be clear-cut differences of focus, issues and areas for every individual organization. APPG’s commission can play a vital role here.

f) Planned rehabilitation programme: As appeared from the analysis unless the legal identity of the pavement dwellers is established, little can be expected to change. This can be only addressed through a planned rehabilitation program. In view to the ruthless eviction of slum dwellers in 1997, the then Prime Minister’s declaration that "no slum will be demolished by the government without taking steps to rehabilitate the affected people" has created an avenue to dialogue with the government to redress the problem of shelter security of the pavement dwellers.

g) Need-based interventions to be continued: Unless effective strategies and programmes are in place, it is vital that development organizations have continued a few need-based supports to the pavement dwellers.

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