Tag Archives: hlp

Upcoming guest postings and recent HLP resources

An apology to TN readers for the sparseness of recent postings. It has been one of those periods where the non-blog related aspects of one’s life (there are a few) predominate and I am particularly grateful to recent guest bloggers such as Anneke Smit, Yulia AliyevaRoger Duthie and Megan Bradley for keeping things interesting. Most recently, Megan Bradley has teamed up again, this time with Mike Asplet, to co-author a very intriguing piece on how the new Kampala Convention deals with property issues in durable solutions.

I would also like to take this opportunity to announce a few upcoming guest-postings. These include a piece by Guido van Heugten based on his recent thesis on property restitution in Kosovo, as well as a co-authored update on land issues and de-mining by GICHD’s Sharmala Naidoo and UN-HABITAT’s Szilard Fricska. In addition, Ayla Gürel, with whom I previously collaborated on Cyprus research, will be introducing the PRIO Cyprus Centre’s innovative new project on tracking displacement and dispossession. Finally, I am hopeful that Anneke Smit may soon provide an update to her earlier observations on indigenous land ownership in Canada. And to top it off, I gather that Kaigyluu may once again be stirred to write on HLP issues in Kyrgyzstan.

With all that out of the way, there have been a number of developments on the housing, land and property front, and I would like to highlight just a few here. I am hoping that some of the involved parties may soon guest-post in more detail on them, but wanted to introduce them in brief and without further delay.

First, the Global Protection Cluster – the flagship body of the ongoing UN-led humanitarian reform process – has just launched a new website. Having migrated from the defunct humanitarianreform.org to the confusing oneresponse.info, it now has a home of its own. In addition to several thematic resources pages, the new site highlights the four GPC sub-working groups, or ‘areas of responsibility‘, including the UN-HABITAT-led AoR on housing, land and property issues. The HLP AoR site includes a useful overview of resources including both country-related and general references. While the former in particular still suffers from some notable gaps (Colombia?), it provides a very cogent set of references for other current HLP contexts and may be useful for practitioners and researchers alike.

Second,  the most recent Annual Report by Minority Rights Group International focuses squarely on the issue of indigenous peoples’ rights to land and natural resources – an issue that has taken on an increasingly important role in light of the ongoing pressure on these assets from both national governments and private investors.

UN High-Level RoL meeting to take up HLP issues … maybe

by Rhodri C. Williams

Last week, I had the pleasure of attending a seminar marking the tenth anniversary of Sweden’s government agency “for international peace intervention”, the Folke Bernadotte Academy (FBA). The topic of the seminar was rule of law (RoL) in general and this Tuesday’s UN conference on the issue in particular. The high level meeting at this year’s 67th session of the UN General Assembly is one of these periodic, frantic plenary meetings where all the states in the world along with a plethora of observers and NGOs culminate weeks of behind-the-scenes wrangling with (hopefully) the adoption of an outcome document that may push an important issue forward a few steps.

In the best case, the outcome will have legs even if the grandiosely named meetings themselves quickly fall into the obscurity of UN genealogy. Students are frequently bemused to hear that they failed to notice a “World Summit” hosted by the UN in 2005. However, few have failed to notice the resulting responsibility to protect (R2P) doctrine. And for those of us in the rights-based humanitarianism branch, the strong endorsement of the UN Guiding Principles on Internal Displacement buried in paragraph 132 of the Outcome Document may come to be seen as a pretty important step in the long march from soft law to opinio juris. But I digress.

Some of the talk at the FBA seminar was about the high-level politics of the high-level meeting, and particularly an emerging tendency to distinguish RoL as applied at the international versus the national levels. This has apparently been one of the key debates surrounding the drafting of the outcome document, with states that see domestic RoL as one of their own virtues more inclined to promote it to others (and the targets of their exhortations curiously more interested in the international variant). However, all indications are that there will be a buffet-style compromise, with both national and international RoL, as well as various ‘nexuses’ in between on offer.

This is perhaps most clearly evinced in the UN Secretary-General’s preparatory report for the conference, which proposes the adoption of a broad and often ambitious programme of action. Some proposals are simply unrealistic (states should ‘remove any reservations’ to UN treaties they have ratified, para. 12). Others are curious to the point of evoking typos (UN post-conflict RoL assistance should ‘promote gender’, full stop – para. 24). However, the overall feel of the document is quite sound, reflecting an increasingly emphatic accommodation of legal empowerment and economic/social concerns in an area of practice that arguably began as a bastion of orthodox civil and political imperatives.

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Can you be internally displaced for twenty years? Housing issues and protracted displacement in Azerbaijan

by Yuliya Aliyeva

Yuliya Aliyeva is a Senior Program Manager at the Caucasus Research Resource Center, Azerbaijan. This blog post is based in part on the publication she co-authored last year for the Brookings-LSE Project on Internal Displacement, “‘Can you be an IDP for Twenty Years?’ A Comparative Field Study on the Protection Needs and Attitudes towards Displacement among IDPs and Host Communities in Azerbaijan”.  The report co-author, Tabib Huseynov, is the Caucasus Program Manager for Saferworld.

The ongoing conflict with neighbouring Armenia over Azerbaijan’s predominantly Armenian-populated region of Nagorno-Karabakh produced one of the largest flows of refugees and internally displaced persons (IDPs) seen during the deterioration process of the former Soviet Union. Today, some 595,000 people—or seven percent of the total population—remain internally displaced in Azerbaijan.[1] While the two states continue their posturing about the future of Nagorno-Karabakh, hundreds of thousands of Azerbaijani citizens await durable solutions to their displacement and continue to face major housing and property concerns in particular.

The conflict started in 1988 as Armenians demanded incorporation of Nagorno-Karabakh into Armenia. As the Soviet Union collapsed in 1992, leaving a huge power vacuum behind, inter-communal clashes escalated into a full-scale undeclared war between newly independent Armenia and Azerbaijan. As a result of the fighting, which left some 25,000-30,000 people dead on both sides, Armenian forces gained control over Nagorno-Karabakh and seven surrounding districts that together make up 13.6 percent of Azerbaijan’s territory. A cease-fire was signed in 1994, which has largely held until today, although the parties have been unable to resolve the political dispute regarding the status of Nagorno-Karabakh.

As IDPs fled the conflict areas, they were temporarily settled throughout Azerbaijan. Some of them settled in administrative buildings, schools, unfinished buildings, dormitories and sanatoriums. Others were placed in IDP camps, railway cars, dugout shelters and other sub-standard emergency shelters in rural areas. The housing conditions for some IDPs have improved over time and are now similar to those enjoyed by the general Azerbaijani population. However, for the majority of IDPs, proper housing is still only a dream.

Today, according to official statistics, 86 percent of IDPs in Azerbaijan live in urban areas (mainly in Baku and Sumgait).[2] According to a recent World Bank study, 42.5 percent of IDPs live in one-room accommodations, compared to only 9.1 percent of non-IDPs.[3] As a result, IDP families have an average of 36 square meters of living space compared to 74 square meters for non-IDP families.[4] That being said, there is some diversity among IDP populations and their housing situations. Overall, the IDPs can be divided into four categories based on housing conditions.

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Land, property and displacement in post-revolution Libya

by Rhodri C. Williams

An earlier version of this text was submitted to Forced Migration Review for its newly released Issue 39 on “North Africa and displacement 2011-2012”. The article has been published there in a shorter version. I can recommend the entire, highly topical magazine and am grateful to the editors for their permission to publish the longer version of my piece here.

By post-conflict standards, Libya has a relatively small population of about 70,000 internally displaced persons (IDPs). However, as a result of basic security concerns, many individual IDPs – as well as several entire displaced communities – face the prospect of protracted internal displacement. Despite national and local efforts to foster reconciliation, return will not be a realistic prospect for many until after the national elections currently scheduled for July. Inability to access pre-displacement housing, land and property (HLP) assets poses a significant obstacle to the achievement of durable solutions for almost all IDPs.

However, there is significant variation in the nature of the HLP problem. For households that remain displaced within their own communities due to the wartime destruction of their homes, durable solutions are largely contingent on reconstruction. However, for IDPs displaced outside of their places of origin, inability to access pre-war homes and properties is merely a symptom of the broader insecurity that has blocked virtually all return to date. In most cases, IDPs also face significant tenure insecurity in their current locations, whether they are in collective settlements or private accommodations.

Lurking behind both the tenure insecurity currently facing IDPs and their difficulties accessing pre-war property is a much broader question related to the sweeping and arbitrary redistributions of property undertaken during the forty-two year reign of Libya’s ex-dictator Muammar Ghaddafi. These waves of confiscation and partial compensation undermined the rule of law and sowed the seeds of corruption and legal uncertainty that continue to affect nearly all sectors of society in Libya. While these acts are largely viewed as illegitimate by the interim National Transitional Council (NTC), there is broad recognition that any peremptory attempt to revoke them would risk destabilizing the country.

As a result, these ‘legacy’ property issues are unlikely to be definitively resolved until after the upcoming elections, in the context of democratically-grounded legislative and constitutional reforms. From this perspective, the HLP question in Libya must be seen not only through a humanitarian lens, but also from the perspectives of transitional justice, national reconciliation, rule of law and economic development. While IDPs – and some refugees in Libya – may be disproportionately affected by this question, almost every constituency in the country has a stake in its outcome.

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Norwegian Refugee Council releases new Housing, Land and Property training course

by Laura Cunial

Laura Cunial is the lead author and trainer for the NRC/IDMC Housing Land and Property Training Course. She has worked on housing, land and property (HLP) rights and peacebuilding in countries such as Liberia, Kenya, Vietnam and Dijbouti and currently works as an Adviser for the Information, Counseling and Legal Assistance (ICLA) Program with the NRC.

The Norwegian Refugee Council (NRC) have, in collaboration with the Internal Displacement Monitoring Center (IDMC), developed a training course on Housing, Land and Property (HLP) issues.  The material has been developed under the NRC’s Information, Counselling and Legal Assistance (ICLA) programme  with funds provided by the European Commission Humanitarian Aid department (ECHO).

The development of the HLP Training Course is part of NRC’s effort to further improve its work through the mainstreaming of HLP considerations into all programming.  The humanitarian community recognizes that HLP issues are main conflict drivers and that they should be addressed from the earliest stages of humanitarian interventions. As a result, NRC has invested significant resources to increase its knowledge on HLP and improve its response, including the methodologies used for resolving housing, land and property disputes.

NRC has  been at the forefront for many years in providing assistance on HLP issues to displaced persons and other populations affected by conflict. This has been done both through NRC’s interventions related to the shelter and food security sectors, and through highly specialised ICLA programmes. The HLP Training Course aims at improving the quality and effectiveness of humanitarian response through improved capacity on HLP issues. The course material is designed for all humanitarians implementing response and recovery projects and is not just meant for HLP specialists.

The course material has been tested in several NRC Country Programs. The evaluation of the relevance and quality of each training session was used to improve the subsequent trainings and to refine the modules.  In addition, the material was developed in consultation with the HLP sub-working group of the Global Protection Cluster Working Group. As a result, the training material is versatile and can be tailored to different training needs and target audiences.

The NRC HLP Training Manual is currently available in English, French and Spanish and consists of the following modules:

  • Module No. 1: An introduction to Housing, Land and Property
  • Module No. 2: The Housing, Land and Property International Legal Framework and Principle
  • Module No. 3: Housing, Land and Property during internal displacement
  • Module No. 4: Women’s Housing, Land and Property rights
  • Module No. 5: Housing, Land and Property in urban contexts
  • Module No. 6: Addressing Housing, Land and Property disputes
  • Module No. 7: Housing, Land and Property and durable solutions

Since early 2011, NRC has delivered more than 15 HLP trainings in the following locations: South Sudan, Afghanistan, the occupied Palestinian territory, the Democratic Republic of Congo, Switzerland, Pakistan, Colombia and Ivory Coast. Trainees included staff from NRC, international and national NGOs, ICRC, UN agencies  such as OCHA, OHCHR, UNDP, UNFPA, UNHCR and UN HABITAT  as well as national authorities.

The material can be requested by downloading a request form from the training manual web page and sending it to the email address hlp@nrc.no. More information on ICLA and the HLP Training Course are available on the NRC ICLA web page.

From National Responsibility to Response – Part II: IDPs’ Housing, Land and Property Rights

by Elizabeth Ferris, Erin Mooney and Chareen Stark

This post continues our discussion of the study entitled “From Responsibility to Response: Assessing National Response to Internal Displacement” recently released by the Brookings-LSE Project on Internal Displacement.

Addressing housing, land, and property (HLP) issues is a key component of national responsibility. Principle 29 of the non-binding but widely accepted Guiding Principles on Internal Displacement emphasizes that competent authorities have a duty to assist IDPs to recover their property and possessions or, when recovery is not possible, to obtain appropriate compensation or another form of just reparation.

The 2005 Framework for National Responsibility – which set the benchmarks we applied in our current study – reaffirms this responsibility (in Benchmark 10, “support durable solutions”) and flags a number of the challenges that often arise, such as IDPs’ lack of formal title or other documentary evidence of land and property ownership; the destruction of any such records due to conflict or natural disaster; and discrimination against women in laws and customs regulating property ownership and inheritance.  The Framework for National Responsibility stresses that, “Government authorities should anticipate these problems and address them in line with international human rights standards and in an equitable and non-discriminatory manner.”

The extent to which a government has safeguarded HLP rights, including by assisting IDPs to recover their housing, land, and property thus was among the indicators by which we evaluated the efforts of each of the 15 governments examined in our study. Our findings emphasized the importance of both an adequate legal and policy framework for addressing displacement related HLP issues and the role that bodies charged with adjudication and monitoring can play in ensuring implementation.

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Upcoming guest postings by the Brookings-LSE Project on Internal Displacement

by Rhodri C. Williams

Rounding out a run of guest-posting announcements, I am very pleased to introduce an upcoming set of contributions by the Brookings-LSE Project on Internal Displacement. For those of you not familiar with the Project, it is a small unit within the Brookings Institution’s Foreign Policy section that has not only played an outsized role in promoting effective responses to internal displacement, but also in laying the ground for rights-based approaches to humanitarian crises at a broader level.

The Project has been closely associated with the mandate of the UN Special Rapporteur tasked with advising on the human rights of internally displaced persons (IDPs) since 1992 (formally in the guise of a ‘Representative to the UN Secretary General or ‘RSG’ until 2010).  Thus, the ‘LSE’ component refers to the academic home of the current mandate holder, Chaloka Beyani. This comes after a 2004-2010 period as ‘Brookings-Bern’ in reference to prior mandate-holder Walter Kälin, and earlier stint as ‘Brookings-SAIS’ in association with the first RSG, Francis Deng.

In the interest of full disclosure, I should point out that the opportunity to work with Brookings early and often in my consultancy career not only made that career viable but also helped to expand my horizons tremendously. When the legendary IDP advocate Roberta Cohen plucked me out of obscurity to coordinate the development of a comprehensive manual on national response to internal displacement, I was quickly pushed out of my comfort zone of Balkan restitution issues and began to engage with the entire range of humanitarian, human rights and advocacy issues that still bedevil effective responses to the fundamental vulnerability of losing one’s home.

I am therefore happy to observe that Brookings is still going strong and recently published a raft of publications of both broad, humanitarian interest and more narrow relevance for the housing, land and property (HLP) community. The guest postings scheduled for the next weeks will feature a number of these.

First, Elizabeth Ferris, Brookings Project Co-Director, and her collaborators Erin Mooney and Chareen Stark will present their recent report From Responsibility to Response: Assessing National Approaches to Internal Displacement. The report builds on an assessment of the implementation of the non-binding but seminal UN Guiding Principles on Internal Displacement in fifteen of the world’s countries “most affected by internal displacement due to conflict, generalized violence and human rights violations”. The authors not only review the general conclusions of the report but also elaborate some of the most important findings related to HLP issues in internal displacement settings.

Second, Roberto Vidal, law professor at the Javeriana University of Bogota, will be writing on property-related themes related to his extensive recent work with the Project. And, third, authors Yulia Gureyeva-Aliyeva and Tabib Huseynov will be writing on their recent Brookings report “Can You Be an IDP for Twenty Years?” A Comparative Field Study on the Protection Needs and Attitudes Toward Displacement Among IDPs and Host Communities in Azerbaijan. While numerous HLP issues arise in relation to protracted displacement in Azerbaijan, some of the most difficult reflect tensions between IDPs and host communities and have been litigated as far as the European Court of Human Rights in Strasbourg:

At the time of displacement many IDPs in urban and rural areas arbitrarily seized houses and land, which belonged (or were assigned later) to local residents. According to executive decrees, IDPs cannot be evicted from their places of residence—even those which they do not legally own—unless they are provided with alternative living arrangements. This has led some homeowners to take their cases all the way to the European Court of Human Rights, which questioned the existing government practices as a violation of property rights.

UPDATE – the following guest-postings have now been published:

– Yulia Aliyeva, Can you be internally displaced for twenty years? Housing issues and protracted displacement in Azerbaijan (12 September 2012)

– From National Responsibility to Response – Part II: IDPs’ Housing, Land and Property Rights (22 February 2012)

 From National Responsibility to Response – Part I: General Conclusions on IDP Protection (21 February 2012)

Week in links – week 44/2011 – restitution in Libya, privatization in Cuba, assimilation in Israel

I’m a little behind this week having been in Cyprus, where I participated in the launch of the paper on property issues I co-wrote with Ayla Gürel for PRIO. The local feedback was very helpful as we are planning to expand the scope of inquiry a bit beyond the fallout of the Demopoulos case in the coming months.

Much of interest from the net this week, including one of the first really good reports on the transitional housing, land and property (HLP) issues in post-revolution Libya from the Guardian. This new article goes well beyond the expensive but relatively tractable reconstruction issues described by BBC last week and enters into the far more fraught territory of what to do about the great transfer of assets that resulted from the Ghaddafi regime’s selective nationalization of property.

Quite a few familiar dilemmas arise, including lurking historical claims (in this case, those of expelled Jews), multiple subsequent purchases by third parties, weak courts, unclear rules, the suspicious 1982 destruction of the land registry, and the fact that the expropriations had (in many cases) a genuinely distributive element, meaning that reversing them would disproportionately worsen the situation of marginalized groups.

In the area of belatedly getting with the times, the New York Times reports that Cuba has now formally adopted a new property law allowing far less restricted transactions in homes than was previously the case (see earlier observations on these developments here). After decades of state control, no one seems to be able to predict where this will go, although some positive economic affects and quick attempts to buy in to the property market by exile Cubans seem like safe bets.

In the area of never getting with the times, the Guardian reports that Israel has proposed a bill to allow the near wholesale resettlement of Bedouin nomads from (what remains of) their traditional territories in the Negev desert to planned new towns. All in the name of modernisation and progress, all undertaken without consulting those affected or paying any heed to the fact that previously forcibly urbanized Bedouins have hardly benefited. Very 1960s. A brief excerpt from the article reads like a compendium of discredited colonial and post-colonial assimilation policies:

Before 1948, the Bedouin tribes lived and grazed their animals on much of the Negev, claiming ancestral rights to the land. In the following decades, the state of Israel took over almost all of the land; the Bedouin lost more than 3,200 land ownership cases in the Israeli courts in the early 1970s, rejected mainly on the grounds there was no proper documentation. Now the Bedouin are claiming ownership of about 5% of the Negev as traditional tribal lands.

Three years ago, the government commissioned a retired judge, Eliezer Goldberg, to make recommendations for dealing with the Bedouin. He advised that many of their villages should be recognised, acknowledging their “general historic ties” to the land.

A committee chaired by the planning policy chief, Ehud Prawer, was tasked with looking at how to implement Goldberg’s recommendations, and proposed the immediate transfer to the state of 50% of the land claimed by the Bedouin, minimal compensation for the remaining land with severe exclusions and the demolition of 35 unrecognised villages. The Bedouin were neither represented on nor consulted by the committee.

As my soapbox is only so big, I’ll leave aside the issue of Israel’s apparently retaliatory expansion of its West Bank settlements this week.

And a last note, the Guardian also reports on the aftermath of the Dale Farm evictions in the UK (see previous WiL)

Housing, land and property issues obstruct integration of IDPs in protracted displacement

by Nadine Walicki

Nadine Walicki is a country analyst and advisor on protracted internal displacement at the Internal Displacement Monitoring Centre (IDMC). As previously reported on TN, the reports referred to below as well as other key relevant documents are available on the IDMC durable solutions web page.

Internally displaced persons (IDPs) live in protracted displacement in some 40 countries. These are situations where solutions to displacement are absent or inadequate and IDPs cannot fully enjoy their rights as a result. Housing, land and property issues are usually central to the resolution of protracted displacement. This applies to the homes IDPs leave behind and the new ones they build after fleeing. Many IDPs have yet to receive a remedy for property lost or destroyed at their place of origin, while they live in substandard housing and struggle to access land in their area of displacement.

In early 2011, displacement experts gathered at an international seminar to discuss the potential of local integration as a solution to protracted displacement. Case studies on local integration of IDPs in Burundi, Colombia, Georgia, Serbia, Sudan (southern) and Uganda were prepared to serve as the basis for the discussion. The result was a Statement of Principles and a compilation of good practices and recommendations, which were recently published in the seminar report. Among other key issues, seminar participants outlined several housing, land and property challenges that obstruct local integration of IDPs in protracted displacement. These include tenure insecurity, lack of effective mechanisms to restore property rights, limited access to land, inadequate housing, as well as lack of legal frameworks and access to justice.

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Kyrgyzstan Inquiry Commission – Osh riots resulted in crimes against humanity

by Rhodri C. Williams

The Kyrgyzstan Inquiry Commission set up to examine the violence between ethnic Uzbeks and Kyrgyz that killed nearly 500 people last June in the country’s south has just released its report. Most media attention has been devoted to the fact that the Commission identified the minority Uzbek community as the overwhelming victims of the attack, found evidence of official complicity, and alleged that some of the acts committed may amount to crimes against humanity. However, a number of the Commission’s less prominent findings confirm both the role of property destruction in consolidating the victimization of the Uzbek minority and the need for reparations to address these and other crimes.

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