The right to public space is not among the more conventional human rights such as the right to an adequate standard of living, the right to adequate housing, or the freedom of religion or expression. Public space is usually guaranteed by default under the right to freedom of speech or the right to peaceful assembly and association. Still, some countries have made the right to public space explicit in their constitution. Colombia was the first. The 1991 Constitution states, “It is the duty of the state to protect the integrity of public space and its assignment to common use, which has priority over the individual interest.” This constitution was drafted during a time when Bogota, Colombia’s capital, was considered one of the most dangerous places in the world due to political violence and large swathes of the country were controlled by guerilla groups and drug cartels. Citizens were on edge and the public spaces throughout the country were fractured. By guaranteeing the right to public space, the State has made a commitment to protecting the social fabric of the nation.
Colombia’s protection of public space implicitly recognizes the role of public space in contributing to the quality of life. Ecuador’s 2008 Constitution goes one step further in defining why public space is so important to the quality of life.
Persons have the right to gain access to and participate in public spaces as a sphere for deliberation, cultural exchange, social cohesiveness and the promotion of equality in diversity. The right to disseminate in public spaces one’s own cultural manifestations shall be exercised without any constraint other than those provided for by the law, subject to the principles of the Constitution.
Public spaces are the lynchpin of communities and the foundation of a democratic, egalitarian city. Public space is where people come to know one another, through buying and selling, socializing, playing or protesting, expressing opinions and ideas through art, performance, or prayer, and interacting with strangers, family, and friends. They are the “front porches” of civil society—public libraries, community centers, public schools and places of worship.
For a space to be truly public, it must be accessible to all citizens, regardless of race, age, gender, income, or religion. There must be something to do so people have reason to return. Parking lots are often public but by no means are they effective public spaces. The space must be comfortable and useable, safe and clean for women and men, children, and the elderly. Finally, a public space must be sociable so people can return time and time again to see their friends or picnic with their family.
Egyptians do not have the right to public space in law or in practice. Cairo is in desperate need of more public spaces, especially in the densely-populated informal areas of the city. For example, the overwhelming popularity and success of the newly built Al-Azhar Park is indicative of the great demand for quality public space, despite an entrance fee. Compare this with another popular public space in Cairo, the narrow median strip of ‘Arouba Street on the way to the airport. What does this say about a city in which a highway median strip is a popular destination spot for families? Green space is so limited in Cairo that city residents improvise wherever they can to play soccer, shim al-hawwa, visit with friends, or simply relax.
There are several reasons for Cairo’s lack of public space. First is security, since the Mubarak regime was determined to maintain power and “order” through the control of public spaces. Temporary security barriers were common throughout the city, but the more permanent green and gold metal barriers were an explicit attempt to control where people could move. Secondly, a lack of transparency allowed the government to favor private developers in matters of land use in the city. The Egyptian government is neither open nor accountable to the public and so the lack of public space is unsurprising. Abundant public space is indicative of a functioning democracy. Who decided to pave over three-quarters of ‘Ezbakiyya Gardens once Cairo’s grandest public park, or to fence off the scarce grassy public areas, or to allow private or military clubs to monopolize the Nile riverfront? Informal housing developments have also diminished public space because of the government’s inability to create a functioning real-estate market in the city that can satisfy the demands of the low and middle income population (see more on the Right to Housing). Third, government officials have wrested historic public spaces from citizens for the benefit of tourism. Protecting historical sites is important, but historical buildings should also be part of communities around them and utilized in sustainable ways (see more on the Right to Cultural Heritage). Finally, the demands of private transportation have also done a great deal to restrict the amount of public space in the city.
Providing public space in Cairo is not easy. It runs counter to real-estate market “wisdom.” It can be expensive to create and costly to maintain. In already built-up areas, there are serious questions about how new public spaces can be created without displacing homes and businesses. We are not arguing for the government to take unilateral action to create these new spaces. We are not arguing for a suspension of the private real-estate market or that vehicular traffic should be removed from the city. We advocate a common sense approach: the government should engage the population, neighborhoods and communities should be allowed to represent their priorities and together negotiate a pragmatic, fair plan for improving public spaces in Cairo and funding them. The government can also take measures to improve the accessibility, image, safety, and sociability of current public spaces by inviting, rather than fearing, civil society and private actors to support the expansion of public space. This will go a long way to improve the quality of life for the citizens of Cairo. The value of open, accessible public spaces was demonstrated in the 2011 Revolution when Tahrir Square generated political ideas and symbolized the solidarity, courage, and creativity of Egyptians from across the society. This public spirit should be further encouraged as the government, private actors, and the public work together to build more public space across Cairo and other cities in Egypt.
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