Tag Archives: ADB

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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Corporate social responsibility in a changing world: Targeting conflict resource exploitation

by Rhodri C. Williams

The march of the voluntary guidelines continues, it seems, with new approaches geared to address gaps in earlier efforts to urge corporate self-control. As Peter Spiro noted some time back in Opinio Juris (and Chris Huggins pointed out in these pages), the promotion of “soft” voluntary standards as a means of getting at some very hard human rights violations is still seen with skepticism in many quarters.

Nevertheless, Mark Taylor makes an engaging case for such standards in a recent Open Democracy piece on the role of natural resource extraction in fueling conflict. The article highlights the Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict Affected and High Risk Areas, a standard adopted by the Organization for Economic Cooperation and Development (OECD) in May 2011 and subsequently regulated in the US through new regulations issued by the Securities and Exchange Commission (SEC)  under the Dodd-Frank Wall Street Reform Act.

Taylor notes several key insights that have emerged in the wake of older certification schemes such as the Kimberly Process for conflict diamonds. These include the manner in which both illicit inflows into conflict areas (such as small arms) and outflows (such as natural resources) have become incorporated into global market flows, as well as the extent to which vulnerable local populations may be just as dependent on extraction activities for their survival as warlords are for their arms budget. In light of such factors, Taylor argues that considerable advantages may be derived from focusing on business actors rather than states:

Like the Kimberly Process, or even UN sanctions, the Guidance seeks to exclude certain commodities from global trade flows. But there the similarity ends. Instead of obligating states, the Guidance places the responsibility on business to manage their supply chains. Instead of relying on a certification regime hobbled by a lack of state capacity, the Guidance deploys the concept of business due diligence, the practice of self-investigation and risk management in a business activity. And instead of targeting a commodity based on its association with rebel groups – a definition that has plagued the Kimberly Process, for example preventing it from taking action where abuses are committed by state armed forces, as in the case of Zimbabwe – the Guidance in effect focuses on the problems of conflict financing and human rights abuse associated with mineral extraction, regardless of whether the perpetrator is a state or non-state armed group.

In effect, the Guidance places the onus on businesses to show they are not financing conflict or contributing to human rights abuse through their sourcing of minerals. And nothing in the Guidance prevents states from regulating this responsibility to conduct due diligence, which is precisely what the US has done with the conflict minerals provision of Dodd-Frank, a measure the EU is now considering.

The combined reliance on traditional state regulation and more novel forms of corporate self-regulation is promising though not, as Taylor points out, unproblematic. However, even at this early stage, there may be timely lessons that could be drawn by the UN Food and Agricultural Organization (FAO) in its current efforts to develop a set of ‘demand side’ standards regulating the conduct of actors participating in large-scale land investments in developing countries. This process should be facilitated by the fact that the FAO has already launched a set of ‘supply side’ guidelines for countries that are the object of such investment. While the latter clearly addressed state authorities disposing over targeted land, the former will need to take into account the role of both state and powerful non-state actors whose investments are driving the global land-rush.

Finally, in a timely reminder that such policies and safeguards are often only as effective as the advocates that monitor their application, Inclusive Development International issued a press release announcing a complaint before the Asian Development Bank’s Compliance Review Panel. The complaint alleges a violation of the Bank’s involuntary settlement policies with regard to communities affected by an ADB-funded railway rehabilitation project in Cambodia (on which, see Natalie Bugalski’s guest postings here and here). As such, it recalls the ongoing controversy in Cambodia over the World Bank’s attempts to act on a finding by its own Inspection Panel of a violation of its Resettlement Policy.

The ADB involuntary resettlement policy: Fifteen years on, the poorest still bear the brunt of development

by Natalie Bugalski

It has been more than 15 years since the Asian Development Bank (ADB) adopted a policy on involuntary resettlement with the objective of ensuring that “displaced people are at least as well-off as they would have been in the absence of the [ADB-financed] project.” The rationale behind the policy was a shift away from the perception that development-induced displacement and attendant harms suffered by those physically and economically displaced is a “sacrifice” some people have to make for the larger good. It is apparent, however, that despite the adoption of increasingly progressive and rights-oriented policies, the utilitarian view of development-induced displacement continues to dominate the culture and individual staff views of the ADB and many other aid and development institutions.

The report Derailed released by Bridges Across Borders Cambodia (BABC) this month (which I co-authored with Jocelyn Medallo) describes the policy and international human rights law obligations meant to protect the rights of resettled families and provides evidence of how these obligations continue to be flouted in practice. The Rehabilitation of the Railway in Cambodia Project, principally financed by an ADB concessional loan and an ADB-administered grant from the Australian Government, is affecting over 4,000 households that are being involuntarily resettled or must move back out of the railway’s “corridor of impact” (COI) into the residual right of way (ROW).

Despite decades of global evidence of the necessity of injecting sufficient financial and technical resources into resettlement planning and processes as an integral part of the infrastructure project itself, resettlement under the railways project has been treated as peripheral and has been left almost entirely in the hands of the Cambodian Government. Rather than internalizing the costs of resettlement into the project’s budgets from the start and ensuring that the full costs of policy and legal compliance are covered including though ADB and AusAID contributions, the Cambodian Government is responsible for footing the bill.

Given the well-known poor track record of the Government on forced evictions coupled with the incentive to reduce costs, the alarming result – as recorded in the BABC report – was blatantly foreseeable at the time of the project’s inception. Competent planning and sufficient resourcing from the beginning could have avoided and mitigated the hardships resettled families are now experiencing. Key findings of the report  include the following (a fuller list of the findings is appended to the end of this post):  Continue reading

New report on railway rehabilitation and displacement in Cambodia – Natalie Bugalski to guest-post

by Rhodri C. Williams

Bridges Across Borders Cambodia (BAB-C) released a new report this week on displacement in Cambodia caused by donor-funded rehabilitation of the country’s railway system (the PR is reprinted after the jump, below).

The findings are consistent with bad practice in development-induced displacement everywhere – poor planning, little consultation, thinly-veiled coercion, badly located and serviced resettlement sites, resulting in precisely the type of impoverishment risks that the standards long espoused by donors such as the World Bank and (more to the point in this case) the Asian Development Bank (ADB) are meant to prevent.

However, the report also reflects a particularly Cambodian failure to act on decades of advice and occasional pressure to comply with standards that would allow the country – at relatively little cost – to be seen to live up to its international commitments and to avoid the human tragedy and bad optics associated with forced evictions. After all, it is only six months since the Cambodian Government appeared to make tactical concessions in a standoff with the World Bank over evictions in Phnom Penh, but subsequent events indicate a reversion to form.

In this case, it is also over a year since early research on the very project criticized in the BAB-C’s new report forecast the problems that the latter now documents. For instance, Natalie Bugalski guest-posted at the time on the tragic drowning death of two children sent to fetch water because water sources available at the resettlement site where they lived were “polluted by chemicals used for rice growing and … caused skin diseases and other illnesses.”

Natalie will shortly be providing TN readers with another guest-posting with observations on BAB-C’s new report. As is often the case in Cambodia, all of this will make awkward reading not only for the Cambodian government, but also for international donors (in this case the ADB and AusAid) that are responsible for ensuring that the Cambodian Government accepts their resettlement standards along with their funding. For the time being, acceptance of this principle remains elusive.

UPDATE: read Natalie’s guest-posting here:  The ADB involuntary resettlement policy: Fifteen years on, the poorest still bear the brunt of development (23 February 2012)

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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.

Tracking aid in Cambodia: Monitoring the resettlement impacts of the Railways Rehabilitation Project

By Natalie Bugalski

In October 2010, I traveled with a small research team from the rights groups Bridges Across Borders Cambodia (BABC) and Sahmakum Teang Tnaut (STT) to Battambang in northwest Cambodia to interview families resettled to make way for the rehabilitation of Cambodia’s rail network.  The trip was a part of an NGO effort to monitor the resettlement impacts of the railways project and assess whether it is being implemented in accordance with the Asian Development Bank’s Involuntary Resettlement Safeguard Policy, international human rights norms, and Cambodian laws. The ADB is contributing US$84 million in concessional loans to the Rehabilitation of the Railways in Cambodia Project (hereafter “the Project”) and the Australian Government is contributing US$21.5 million in aid.

Although we had heard from community representatives that there were serious problems at the resettlement site, we were appalled to find the families living in deplorable conditions. Our interviews at the Battambang resettlement site raised a plethora of serious problems relating to a lack of access to food and basic services, and increased impoverishment. It appears that almost all families have been forced to borrow money to survive, rebuild houses, connect to electricity (other families remain unconnected because they simply cannot afford to do so) and in some cases earn less per day than their interest repayments. Widows have been treated particularly unfairly and in some cases have not received a separate plot of land.  Instead they have been told to live with their parents or children, despite having lived separately at their former location. These women are extremely vulnerable and have received insufficient support, if any at all. Every family we spoke to reported that they were significantly worse off now than before they moved. They feel desperate and abandoned.

Most alarmingly, four days after the families had been resettled in May, two children  – a brother (9) and sister (13) – had drowned in a nearby pond. We were told by the brother of the deceased children and other members of the community that the children had gone to collect water for household chores. Since piped water has not been provided at the resettlement site, families there had no choice but to trek through a muddy rice field to access water from the pond, or use water directly from the adjacent rice field. These water sources are polluted by chemicals used for rice growing and have caused skin diseases and other illnesses. On this occasion the children went to the pond and never returned. The community searched for many hours, and the bodies were eventually found at the bottom of the eight-meter deep pond.

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