Tag Archives: reconstruction

Kyrgyzstan property issues update, part 2 – Unen-durable Solutions

by Kaigyluu

‘Kaigyluu’ is the pseudonym of a longtime TerraNullius reader with broad experience working on housing, land and property (HLP) and legal reform issues in many countries post-socialist, post-conflict or both. Having provided an earlier briefing last year on the aftermath of the 2010 ethnic riots, Kaigyluu yesterday updated TN readers on the local and regional politics of rebuilding Osh, and today addresses the policy choices of international actors involved in humanitarian response and reconstruction.

While housing, land and property (HLP) rights were put on the agenda in the immediate aftermath of the June 2010 inter-ethnic violence in South Kyrgyzstan, the HLP process was complicated (a) by a lack of clear rationale or objective and (b) strategic choices made at the outset.

With respect to the first point, based upon an initial assessment by the Global Protection Cluster (GPC) conducted in the wake of the June events, UNHCR focused first on the construction of shelter and then on legal assistance to restore HLP documents lost or destroyed. The assumption upon which provision of such legal aid was based proved faulty, in that it was soon discovered that over 80% of affected households had never had proper documentation. And so the HLP project concentrated on obtaining documentation for those whose homes were destroyed, as well as registering the newly constructed replacement shelters.

Nevertheless, the justification for securing documentation only for those whose homes were destroyed, whereas the majority of the affected population – and, indeed, the population at large – also lacked such documentation, was undermined. The project might have been realigned – and was, ad hoc, to provide documents to those whose homes were threatened with expropriation – but the follow-up scoping mission recommended by the GPC to conduct a full situational assessment was never carried out.

This leads into point (b) on strategic choices, namely that the international community chose to channel their support through the State Directorate for Reconstruction and Development for Osh and Jalal-Abad Cities (‘SDRD’ – previously, the State Directorate for Rehabilitation and Reconstruction or ‘SDRR’) set up by the central government, and headed by current Prime Minister Jantoro Satybaldiev. The international community decided to bypass the Osh mayor, Melis Myrzakmatov – understandable, given his nationalist (and often erratic) rhetoric.

Myrzakmatov was opposed to anything directed by Bishkek: an opposition entrenched when he successfully resisted the attempt of the interim government to remove him. Unfortunately, in the case of reconstructed (and, indeed, all) housing, the issuance of building permits was controlled at the municipal level. Therefore, in Osh, construction permission was never granted. And so, the majority of the shelters constructed there remain unregistered; whereas, in Jalal-Abad, where the mayor was successfully replaced (twice) by Bishkek, authorities were more cooperative, building permission was issued, and registration proved relatively simple.

More broadly, apart from reliance on the SDRD, there a choice by the international community – perhaps by default – to opt for a ‘rule of law’ approach, as opposed to one driven by the need for a recognition of rights. That is, the reconstruction and HLP process was channelled through the existing domestic land and housing regime. As such, it became vulnerable to the inefficiencies or gaps in the system, as well as any political or personal manipulation of it.

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Kyrgyzstan property issues update, part 1 – Who’s afraid of the big bad master plan? Rebuilding Osh’s mahallahs in brick

by Kaigyluu

‘Kaigyluu’ is the pseudonym of a longtime TerraNullius reader with broad experience working on housing, land and property (HLP) and legal reform issues in many countries post-socialist, post-conflict or both. Having provided an earlier briefing on the politics of property in southern Kyrgyzstan after the 2010 ethnic riots, he, she or it now follows up with an update in two parts. Part one focuses on the local and regional politics of rebuilding Osh, while part two, tomorrow, addresses the policy choices of international actors involved in humanitarian response and reconstruction.

International attention on Kyrgyzstan, limited as it was during the Tulip Revolution (Redux) of April 2010 and inter-ethnic riots that followed two months later in the south of the country’s geologically and politically unstable Ferghana Valley, has long since waned and turned elsewhere. Indeed, with the Western military drawdown in Afghanistan, the importance of Central Asia – exemplified by the bidding-war between the US and Russia over the Manas airbase outside of Bishkek – has diminished correspondingly, while the problems in the region continue to fester and grow.

At least in terms of rebuilding and reconciliation (including international reconstruction assistance) in the aftermath of the June 2010 clashes between ethnic Kyrgyz and Uzbeks in the ‘southern capital’ of Osh, as well as the nearby city of Jalal-Abad, progress would seem to be consolidating. The latest government shuffle, following the collapse of the yet another parliamentary coalition, saw the appointment of Jantoro Satybaldiev as Prime Minister. Satybaldiev, a former Head of the Osh Administration, led the central government’s reconstruction effort following the June 2010 clashes. He was a key partner of UNHCR, the Asian Development Bank (ADB), and other international actors in this, and seen as a counterweight to perceived hard-line nationalists in the south, such as Osh’s current mayor, Melis Myrzakmatov.

Not only can Satybaldiev’s ‘promotion’ be construed as a reward for his work in the South, it is also hoped that his elevation will give him the authority to overcome the last hurdles to secure the housing, land, and property (HLP) rights of those displaced by the June 2010 events.

A ‘friend’ of the post-2010 reconstruction effort is sorely needed in high office. This past summer, the City of Osh began long-threatened expropriation of land and the demolition of at least two dozen houses, as well as several business premises, in order to widen roads: this, despite ‘iron-clad’ assurances to donors that reconstructed houses would be not be touched. It is feared that this is but the precursor for implementation of a new urban plan: one that is rumoured to include the replacement of the traditional Uzbek enclaves with ‘modern’ apartment blocks and, amongst the conspiracy-minded, one that is said to mirror – or even predate and predict – the patterns of supposedly spontaneous destruction that occurred from 11 to 14 June 2010.

The international community funded the reconstruction of almost 2,000 homes damaged or destroyed during clashes. UNHCR and ICRC led the emergency response, providing two-room (28 m2) shelters for affected households before the onset of winter in 2010. The ADB provided an additional $24 million to expand (up to 100 m2) and complete 1,500 of those shelters in a second phase of reconstruction in 2011-12.

However, optimism over Mr. Satybaldiev’s elevation may be misplaced. It is debatable whether the new Prime Minister will wish to expend precious political capital to protect those affected persons, the overwhelmingly majority of whom are from the minority (but substantial) Uzbek community. He seems still to accept, if not actively encourage, the inevitable replacement of the mahallahs – the traditional neighbourhoods composed of walled family compounds favoured by the Uzbeks in the centre of Osh – with high-rise apartment blocks. Off the record, even Mr Satybaldiev’s patron, President Almazbek Atambayev is said to have expressed puzzlement and mild exasperation at the international community’s obsession with preserving and reconstructing the mahallahs, in the face of the inexorable march of modernisation and progress.

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Briefing on property issues in southern Kyrgyzstan

TN reader ‘Kaigyluu’ has kindly provided this blog with an updated overview of the complicated and politically charged property question in Osh and Jalalabad, the towns in southern Kyrgyzstan most affected by the June 2010 violence between the Kyrgyz majority population and the Uzbek minority. The briefing, which is posted on the resources page of TN, describes the manner in which attempts to provide durable solutions for Uzbek displaced persons by rebuilding their destroyed neighborhoods are complicated by both the legacy of Soviet social engineering and the burden of contemporary nationalist politics.

Week in links – week 43/2011

First, can’t we all find a reasonable substitute for palm oil if we put our heads together? The litany of indigenous cultures being wiped off the face of the earth so that the formula we give our kids in the evening won’t clot is becoming mind-numbing. Here, the New York Times reports on the latest victims of tasty, affordable transfats in Malaysia. However, lest we forget that plenty of other threats exist, the BBC reports on the standoff over the Belo Monte dam in Brazil, which threatens the traditional fishing grounds of Amazonian indigenous groups, and the UNHCR describes the plight of indigenous peoples displaced by the violence in Mindanao.

Second, the BBC provides evidence that property issues are already rearing their ugly head in the new Libya. The extent to which the NTC tent will be big enough to accommodate the traumatized residents of Sirte may well depend on how quickly the NTC can get said residents out of tents and back into their homes.

And finally, the New York Times reports on how a middle class suburb in Beijing is now being exposed to the same type of frenetic official land grabbing that its relatively pampered residents thought could only happen to “peasants in the countryside or voiceless city people with no education”. In a curious form of negative egalitarianism, the local government has not hesitated to administer beatings to protesters and harnessed an impressive mix of new and old media to its cause:

From morning until sundown, a van drives through the neighborhood blaring warnings. “Don’t be influenced by other people who might cause you unnecessary loss,” the loudspeaker says again and again. Daily text messages that clog residents’ cellphones drive home that point. More than one resident has had a window smashed. A half dozen homes, their owners having folded, have already been leveled.

Week in links – Week 30/2011

Discerning TN readers will have noted that the blog has now clearly gone into summer mode (even if its slightly workaholic administrator has, regrettably, not entirely managed the same trick). In any case, I’ve tried to keep track of a few interesting items, below, for what should now properly be called the ‘month in links’.

It’s also my pleasure to announce an upcoming guest-posting by Veronica P. Fynn, the Editor-in-Chief of the Journal of Internal Displacement. Veronica will introduce the journal and highlight some of the property issues covered in its first edition (full disclosure: my recent NRC report on Liberia is under consideration for reprinting in a forthcoming edition).

And now, some HLP highlights from July 2011:

- Beginning with UN Special Mechanisms, UN Special Rapporteur on the Right to Food, Olivier De Schutter has published an article in the Harvard International Law Journal on “The Green Rush: The Global Race for Farmland and the Rights of Land Users“.  Mr. De Schutter introduces the piece with a nice summary in Opinio Juris, in which he suggests the need to move beyond decrying the global land rush phenomenon to seeking ways to minimize its negative impact on local communities. However, Katharina Pistor’s response in OJ highlights significant obstacles to such approaches, both at the level of politics and of theory.

- Meanwhile, UN Special Rapporteur on the Right to Adequate Housing Raquel Rolnik recently followed up on her report on the right to housing in the wake of conflict and disasters (posted on here) with a trip to Haiti in which she appealed for an end to forced evictions and endorsed a proposal by UN-HABITAT for a “comprehensive strategy for reconstruction and return”. A further report on post-disaster housing issues is said to be shortly forthcoming.

- UNHCR recently called for the creation of “new tools” to address the effect of climate change-induced displacement. The agency also released a report noting the 80% of the world’s refugees now find themselves in developing countries and that protracted displacement is becoming the rule rather than the exception.

- Although the most recent coverage of Kyrgyzstan on TN related to the defensive and unconstructive reaction of the national government to a critical report by an international Commission of Inquiry on last summer’s violence in the country’s south, the local response apparently continues to deteriorate as well. EurasiaNet now reports that the authorities of the city of Osh, where the violence against ethnic Uzbeks reached its peak, have rediscovered their infatuation with an urban master plan from 1978. The failure of the authorities to stop a heavily armed mob from demolishing centrally located Uzbek neighborhoods, while regrettable, now presents an opportunity to build  high-rise housing, and reconstruction – even with the prospect of Asian Development Bank funding – is not on the agenda.

- Keeping on the theme of bad behavior, Israel gets the latest award for innovations in forced evictions (previous honors went to Cambodia for the use of dredging machines). BBC reports that Bedouins in the Negev Desert now not only face regular demolition of their homes but will also be expected to foot the bill for this important public service.

- On a more positive note, BBC has also reported on a recent decision by the Cuban government to allow open sales of homes and cars in Cuba. In a follow-up piece, the BBC described the pressing need for such reforms in a setting where the previous system of exchanges with government approval and without money changing hands fostered informality and corruption. As noted previously on TN, BBC coverage has not addressed the issue of historical claims by exile Cubans that may exist against some of the properties involved. Thus, it is only possible to speculate on whether Cuban privatization now may serve a similar dual purpose to Cambodian privatization in the late 198os, where investing current users with greater rights also served to dilute the claims of exiled historical owners.

Clearing the way forward: mine action and post-conflict land issues

by Jon Unruh

 Recently the Geneva Centre for International Humanitarian Demining (GICHD) explored new ground in linking land rights to ‘mine action’. Mine action is essentially all the activities related to demining efforts–certainly taking mines out of the ground but also the related activities of survey, record keeping, education, advocacy, turning cleared land over to government, dealing with local communities, etc.  The Centre commissioned seven studies on the relationship between landmines and land rights (Afghanistan, Yemen, Angola, Sri Lanka, Cambodia, South Sudan, and Bosnia) and then held a workshop in Cambodia on the topic designed to chart a way forward for policymakers.

Coming at the topic from a land tenure perspective I found it all quite intriguing. The studies revealed a lot more connections than I had realized. The spatial aspect of both land tenure and landmines certainly bring the two together in a variety of ways, but so does sequencing of areas to be cleared, strategies of mine laying and clearing, different approaches to dealing with local communities, government demining and legal capacity, and the different ways of operating for domestic and international private, humanitarian and government organizations that engage in a variety of types of demining.

Two of the more problematic linkages are land grabbing that occurs on the heels of demining, and lack of awareness on the part of demining organizations. The first occurs in a variety of ways and to such a degree that some communities do not want their land to be demined because they fear it will be seized, while others purposefully plant mines to deter seizure, demarcate, or otherwise provide for fairly strange forms of tenure security in wartime settings. The second is related to the first in that most demining organizations are very unaware of the land problems they can leave in their wake. With very little capacity to deal with land issues, or even enough awareness to avoid land conflicts that they contribute to or cause, most demining organizations seek safety in their stated and much valued notions of ‘neutrality’.

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Bosnia update: political crisis, partition proposals and property claims

by Rhodri C. Williams

Bosnia continues to elude complete stabilization in both large ways (such as unquiet territorial debates) and small ones (such as unresolved property claims). A recent run of analysis and reports on Bosnia provides examples of both:

First, a typically engaging piece by Tihomir Loza on TOL updates us on Bosnia’s tormented struggle toward a government after last October’s elections. This article focuses on the way that the Social Democrats – heirs to the ethnically inclusive but authoritarian pre-war Yugoslav political mainstream – have alienated Bosnia’s minority Croats by using a curious loophole in the postwar constitutional framework (and one that was originally pointed out to me by old friend and eminent constitutional expert Gianni LaFerrara when I was a green young intern at OHR).

Specifically, the presidential election rules unintentionally (Gianni?) give non-Croats a decisive vote in electing the Croat member of the Bosnian presidency, an opportunity which they appear to have seized. In reaction, the Croats have begun to demand greater territorial autonomy, asserting (in Bosnia’s curious constitutional parlance) that “the only way for Bosnia’s Croats to protect their interests and dignity was to shape the territories on which they form the majority into a third entity.” Stay tuned…

Second, Gerard Toal has highlighted an interesting exchange of views on the fuure of Bosnia published in the most recent edition of European Affairs. The series starts off with an extraordinarily breezy call for the partition of Bosnia by Ted Galen Carpenter of the Cato Institute. Aside from getting at least one basic Bosnia fact wrong (the “high representative” in Bosnia is distinctive precisely because it is not a UN mission), he appears to conflate the ‘forced unity’ of Bosnian nation-building with a recent history of civil wars fought over the entirely distinct phenomenon of post-colonial inheritance of colonial boundaries (posted on here).

The central policy prescription given is that international actors should ‘withdraw objections’ to the secession of various bits of Bosnia; given that such objections are founded on international treaties, the Bosnian Constitution, the aspirations of a probable majority of Bosnia’s citizens and the regional plan for EU accession of at least three countries, I myself would have a hard time figuring how to campaign for that one, let alone implement it.

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