Very briefly this week:
IDMC has much of interest, including updates on land restitution in Colombia, forced evictions of Roma in Serbia, and an ongoing crackdown on West Papua. Of most interest is a new report on land rights and ethnic conflict in Northeast India, but I won’t go into more detail here as I am quite hopeful that the author, Anne-Kathrin Glatz, will shortly be introducing the issue in more detail in a guest-posting. Finally, a new research report is available on ‘unlocking’ situations of protracted refugee and IDP displacement.
Meanwhile, Antoine Buyse of the ECHR Blog provides an enlightening summary of a new European Court of Human Rights judgment – in the case of Gladysheva v Russia – involving the rights to property and the the home. On the property side, the Court finds an unsurprising violation in the annulment of the applicant’s purchase of an apartment from the person who had fraudulently privatized it (pointing out that the privatization resulted from the state’s failure of due diligence). On the housing side, the Court condemns the summary eviction proceedings initiated as a result and orders the equivalent of restitution (restoration of title and quashing of the eviction order). Antoine points out the significance of some particularly strong dictum on the centrality of the right to the home:
This judgment sends a clear signal that national authorities should take housing rights, specifically the protection of the home, seriously. Under the ECHR, this is more than a simple property issue – respect for the home also has important social and other connotations which strengthen the protective umbrella of the ECHR (the issue of attachment to a home counts) in such cases. Individual interests based on this should always be taken into account by states when interfering with housing rights. To put it differently, human rights start at home!
Posted in Week in links
Tagged Colombia, ECHR, forced evictions, property, protracted displacement, restitution, right to the home, Roma, Russia, Serbia, West Papua
A somewhat abbreviated WiL this week as the family is on Åland for an extended Easter break.
– BBC coverage of this week’s Communist Party congress in Cuba leads with the news that private property rights will be allowed again, though the details have yet to be released. The main rule at this point appears to be that “concentration of property” will not be permitted. One is tempted to wonder if part of the motivation is to cut off restitution claims by Cuban exiles. As a stratagem, this worked rather well in Cambodia, but that was the Eighties…
– The European Journal of International Law (EJIL) has released its latest issue online. The focus is on the ‘human dimension of international cultural heritage law’, with quite a lot on the restitution of cultural property but also a number of interesting articles on indigenous peoples’ rights, including to land.
– The New York Times reports that scientists met in Aleppo, Syria this week to develop strategies for combating new diseases afflicting wheat. Let us hope that they are not hit by any stray bullets from the strategies the Syrian security forces have developed for combating new diseases afflicting authoritarianism.
– Tim Dunne and Jess Gifkins do a nice job in OpenDemocracy of pushing along the debate on how the current Libya intervention may both support and undermine the new concept of ‘responsibility to protect’ (R2P).
– Finally, the New York Times reported first on the pending collapse of a promising flurry of regional cooperation over damming the Mekong in Southeast Asia – and then its actual collapse.
Posted in Week in links
Tagged agriculture, Cuba, indigenous groups, land rights, Laos, Libya, natural resources, privatization, property, R2P, Syria
First, the weblog equivalent of a moment of silence for the victims of the ongoing disaster in Japan. Six years after their adoption and sixteen years after the similarly devastating Kobe quake that gave rise to them, the Hyogo Declaration and Framework for Action on disaster risk reduction face a gruesomely concrete field test.
Second, on an administrative note, I should announce a likely hiatus in TN postings over the next ten days or so, during which I will be on mission in West Africa. I hope that a few guest-postings may land during that period (and they will be rushed to press) but its likely to be pretty quiet here otherwise.
Moving to news, UN housing rights rapporteur Raquel Rolnik focused on the right to housing in post-conflict and disaster reconstruction settings in her latest annual report. While I have not yet had the chance to review the report in detail, it is interesting to note that the press release focuses heavily on land rights for affected persons. From this perspective, there is likely to be some overlap with last year’s humanitarian guidance on post-disaster land issues (posted on by Esteban Leon here).
The FAO has released a new report on gender equality in agriculture that focuses on women’s unequal access to the various economic opportunities and inputs that would let them compete with men – and the enormous price tag of such bias in a hungry world where women make up 43 percent of the agricultural labour force in developing countries. If TN readers are willing to overlook one appalling pun (“a level ploughing field”), they will find much of interest.
The New York Times followed up on articles from October 2010 and January of this year with a more recent piece on the complications faced by NATO troops in Afghanistan attempting to compensate villagers for property destroyed in the course of counter-insurgency fighting.
Finally, following up on last week’s posting on the Economist’s special report on agriculture, I should point out that my plug for this week’s corresponding report on ‘property’ may have been a case of irrational exuberance. The new special report is a fascinating read on property as an investment, the ostensible safety of which appears increasingly fragile in an era of recurrent bubbles. Of great interest to me, but perhaps more in my capacity as a mortgage-holder in one of Europe’s few remaining bubble candidates than as a blogger.
Posted in Week in links
Tagged Afghanistan, agriculture, compensation, development, disaster, discrimination, DRR, FAO, gender, housing, human rights, Japan, land rights, peacebuilding, property