Tag Archives: urban renewal

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.

Continue reading

Advertisements

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.

Continue reading

Minority self-determination in China and the demolition of Kashgar

by Rhodri C. Williams

For those seeking yet more grim reading on the destruction of homes and cultural heritage worldwide, the Uyghur Human Rights Project can oblige. The UHRP just released a lengthy report on the final stages of the destruction of the old town of Kashgar, a cradle of the indigenous Uyghur culture within China’s Xinjiang autonomous region (referred to by Uyghurs as East Turkestan). The press release announcing the report stresses the manner in which both the nature of this process (top down, without the scantest consultation) and its apparent ends efface even the most notional commitments of the Chinese government to granting any meaningful self-determination to the Uyghur community:

The Chinese State’s Demolition of Uyghur Communities reveals how the destruction of Uyghur neighborhoods has resulted in the loss of both physical structures, including Uyghur homes, shops and religious sites, and patterns of traditional Uyghur life that cannot be replicated in the new, heavily-monitored Chinese-style apartment blocks where many have been forcibly relocated.

This report does not discount the importance of providing modern structural amenities to Uyghurs. However, it asserts a failure on the part of Chinese authorities to engage in meaningful consultation with Uyghurs regarding how they wish to transform their own communities. The report details the international and domestic legal instruments to which the Chinese government is bound that are designed to protect residents from forcible eviction from their homes and ensure that indigenous populations, such as the Uyghurs, have the right to develop according to their own principles.

Commenting on the report in Open Democracy, Henryk Szadziewski notes how ominously this paternalist, assimilationist and security-fixated approach comports with China’s growing role as a development actor in other states in which urbanization and ethnic tensions are politically salient factors (see also his earlier comment here).

Meanwhile, the not-so-subtly-monikered ‘True Xinjiang’ website lays down an uncompromising view from Beijing, with the ‘truth’ about the 2009 riots in Xinjiang stood up against the ‘lies’ of the exiled opposition groups, and unimpeachable foreign sources such as random English teachers, pleased German reporters, and the UNDP trotted out to attest to the mellow good feelings that actually prevail (just don’t mind that awkward link to ‘Beat down terrorism, separatism and extremism!‘).

Whatever one might think of the Responsibility to Protect (R2P) doctrine, Xinjiang is clearly one of those oppressed areas that is simply beyond the pale. Like Chechnya and Tibet, it lies within the internationally recognized territory of a country able and willing to go to the mat in the UN Security Council to prevent even the threat of intervention in oppressed areas outside its borders. Sadly, however, even having the deck stacked this clearly in their favor does not yet appear to have convinced the Chinese authorities they have nothing to lose (and much to gain) by  seeking out and taking on board the views of their Uyghur citizens.

Euroviction: Azerbaijan demolishes homes for a song (contest)

by Rhodri C. Williams

Hat-tip to TN guest-author Anneke Smit for pointing out Azerbaijan’s most recent contributions to the busy field of forced evictions. (And apologies to ToL for partially appropriating their pun. I only realized later – proof, one hopes, that great minds do think alike…)

In many respects, recent rounds of ‘urban renewal’ in the Azerbaijani capital, Baku have followed an all too familiar forced evictions playbook. For instance, according to a February report by Human Rights Watch, the authorities in the oil-flush country have violated their own laws and constitution as well as their international obligations through a well-known litany of omissions including failure to provide notice of evictions, no meaningful consultation or recourse, no protection of residents’ health or safety and inadequate compensation and resettlement assistance.

Moreover, in a manner befitting one of the remaining outposts of the former Soviet Union that has made few concessions to even managed democracy (and may not need to as long as the petrodollars keep flowing), the Azerbaijani authorities also appear to have carried off the evictions with a certain panache. For instance, Zulfali Ismayilov, the senior municipal official in charge, described displaced residents as “greedy” in a press conference covered by ToL, and then went on to make one of those off-the-cuff statements that speak more loudly than volumes of best-practice guidelines and workshop conclusions:

Ismayilov would not answer any additional questions from a reporter. But when a member of one of the last families in the building said she would immolate herself if police came to forcibly remove her, Ismayilov offered to help her do so.

Such an offer can only with some difficulty be reconciled with the embrace of human rights values professed by the Ministry of Foreign Affairs of Azerbaijan. In fact, the gap between the MFA’s windy declaration of Azerbaijan’s official aspirations and Mr. Ismayilov’s terse expression of its actual governance approach is precisely what makes these evictions shocking. In a country with current membership in the Council of Europe and long-term aspirations to European integration, forced evictions are clearly counterproductive as well as wrong.

However, the irony of Baku’s most recent demolitions is that they have been undertaken for the express purpose of beautifying the site of next May’s Eurovision song contest, an annual event dedicated to promoting “the cultural union of Europe”. In explaining the historical paths along which Azerbaijan has converged with Europe and its annual glam pop extravaganza, the official Eurovision website highlights both Azerbaijan’s own painful experience of conflict-based internal displacement and its aspirations to democratic rule of law:

In spite of the sad results of Armenia’s aggression against Azerbaijan (Armenia occupied the territory of Nagorny Karabakh and 7 neighboring districts. One million out of total population of eight million are refugees), our country mobilized its potential and had great successes in building democracy. Azerbaijan manages to successfully overcome the difficulties and continues making important and firm steps towards the establishment of a democratic and lawful country with civil society.

While it is true that Azerbaijan has struggled to cope with the effects of conflict and internal displacement, the current imbroglio over the Eurovision contest demonstrates a failure to learn from these experiences. As reported recently by the Brookings Institution, for instance, the fact that the Azerbaijani authorities initially allocated private homes to internally displaced persons on an ad hoc basis and then failed to build alternative housing that would allow the quick return of the occupied properties to their owners led to findings of violations by the European Court of Human Rights. In a country virtually sloshing with oil revenues, such an eventuality was not only unfortunate but also unnecessary.

Similarly, the current botched and abusive nature of the evictions of residents of the nascent Eurovision zone appears to result almost entirely from poor planning and disdain for legal niceties. On one hand, Human Rights Watch notes (Section II) that respect for the procedural requirements for resettlement under Azerbaijani law was nearly impossible in light of the narrow window between the country’s victory in last May’s contest and its hosting of the 2012 contest in two months. However, this would seem to be a rationale for at least minimizing the scope of resettlement necessary, e.g. by refraining from demolishing a nine-story building housing 72 families simply because it “blocks the view from the Crystal Hall.” Moreover, while Azerbaijan may not have had time, it certainly has money, suggesting that any deficit behind the failure to pay adequate compensation to victims (HRW, Section V) may have been of a democratic rather than a fiscal nature.

It is undoubtedly difficult to keep politics out of Europe’s premier kitsch culture event. In the case of Azerbaijan, this is most clearly indicated by the tersely worded notifications on both Azerbaijan and Armenia’s official Eurovision sites that the latter has sent its regrets and will not be attending. While the failure of the authorities in these neighboring countries to resolve their territorial conflict is unfortunate, it reflects poorly on them and not the Eurovision contest itself. However, the new evictions in Baku raise the question of whether the Eurovision contest risks damaging its own standing. When pressed by HRW (Section VII), the European Broadcasting Union disowned the evictions on the grounds that the ‘improvements’ behind them were planned long before Azerbaijan won the right to host Eurovision:

[Joergen Franck, director of television for the EBU] reiterated the EBU’s position that there is no connection between the expropriations and the Eurovision Song Contest, and said the people in the area would have been evicted even if the 2012 Eurovision Song Contest were to be held elsewhere. “The EBU does not believe its brand has been tainted by government actions or by articles in the press,” he told Human Rights Watch. Franck said that although the EBU is seeking explanations from the Azerbaijani government about development plans in the area, the EBU would not be seeking assurances from the government about addressing eviction-related abuses. Doing so, he said, would interfere with the non-political character of the Eurovision Song Contest. Franck also said that organizations could take advantage of the “bright spotlight” the Eurovision contest was throwing on Azerbaijan in order to highlight human rights violations, and that this was “a good thing.”

While HRW dispensed with these arguments by noting that the current rationale and the timing of the evictions is clearly linked to Baku’s impending boy band invasion, there may be a deeper question involved. Eurovision celebrates European culture in the spirit of unity through respect for diversity. As a result, the winning formula typically involves spicing up a generically catchy piece of synth-pop with some pan pipes or dancers in rustic smocks or terrifying Nordic monster outfits in order to reinforce the idea that Europe is not a bureaucratic steamroller of the things that distinguish member states in inoffensive and enjoyable ways. However, if there is any type of culture that truly distinguishes ‘Europe’ as a post-World War II project and a sum that is greater than its parts, it may well be the culture of respect for democracy and human rights. Be prepared for a clash of cultures in Baku.


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.

World Bank Management Report on Cambodia acknowledges past mistakes and future challenges

by Rhodri C. Williams

Following up on yesterday’s post on the World Bank Executive Board’s consideration of an Inspection Panel report on Cambodia, a full Management Report and Recommendations is available today. All documentation related to the case including the underlying Investigation Report discussed yesterday and today’s Management Report are available on a dedicated page of the Inspection Panel website.

In brief, the Management Report presents a forthright picture of the difficulties encountered in carrying out a complex land administration reform and titling project with multiple objectives in a socio-political context that is difficult to reconcile (to say the least) with classic rule of law principles (for a concise and highly instructive description of the peripheral role occupied by formal law in Cambodia, TN readers are referred to a 2008 Briefing Note by the World Bank’s Justice for the Poor program).

The Management Report includes an interesting set of lessons learned (pages 19-20), including the insight that outsourcing the issue of tenure security for the urban poor to parallel programs without ensuring coordination and nationwide coverage constituted a significant risk factor. It goes on to note the continuing deadlock with the Cambodian government over urban tenure security issues but nevertheless calls renewed efforts, including:

Continue reading

Restitution comes to Hamtramck, Michigan

by Rhodri C. Williams

Yesterday’s New York Times reports on a case of restitution in response to a discriminatory pattern of wrongful evictions carried out beginning in the 1950s and 60s. Lake Bogoria, Kenya? Northern Iraq? Nope. Hamtramck (“pronounced ham-TRAM-eck”), Michigan, just outside Detroit.

By the Times’ account, Hamtramck is a rather independent little place that refused incorporation with the metropolis that now fully surrounds it. It is also a former Polish enclave, which now, despite having become one of the most diverse neighborhoods in the Detroit area, is still busy counting down to this year’s “Paczki Day”, featuring “polka music from Misty Blues, traditional Polish dancers, the Paczki Toss, the “Paczki Express” Historic Bus Tour, a visit from the Detroit Tigers’ mascot, Paws, and much more.”

Finally, it is also one of many American cities that used urban renewal and highway construction as a means of obliterating black neighborhoods in the 1950s and 1960s, atomizing communities, fueling the cynical practice of racial “block-busting” and ultimately driving white flight to the suburbs.

In Cincinnati, Ohio, another mid-western burgh, I grew up in the safety of the ‘burbs without ever considering the strangeness of the fact that the poor black neighborhood north of downtown went by the distinctly teutonic moniker of “Over the Rhine” or questioning why the entire western quadrant of central Cincinnati had been given over to a monstrous tangle of freeways.

It was only later, in college, when I bent my newly minted skills as an urban geography major to analysis of my hometown that I realized the design behind these seemingly random phenomena. The freeways had replaced the West End, a thriving mixed-income black neighborhood, whose uprooted residents were scattered as promised replacement housing fell far short of needs. The arrival of black families into neighborhoods like Over the Rhine was, in turn, used by real estate brokers to put greater urgency into the migration of fourth and fifth generation German immigrants and other whites to the suburban sprawl at the edge of town.

The cynicism and waste of it all was a revelation, as was the fact that my formative years had been spent in the midst of the resulting tensions and contradictions without me – or any of my peers that I can recall – having ever really questioned them. It was the late eighties then and we were still a few years shy of the great international bloom of what would eventually come to be known as transitional justice initiatives, but my experience with Over the Rhine helped to shape my own sense of the subtle but tenacious grip the past has on the present.

But back to Hamtramck: a remedy for black families displaced under the guise of urban renewal was ordered by a federal court in 1971. Despite a finding that the city had followed a clear strategy to remove blacks, the decision itself became the object of further politicking over the next two decades, according to an AP article published in January:

In 1971, after a three-week trial, a federal judge said Hamtramck had a clear strategy when it demolished housing in poor neighborhoods. Blacks were 14.5 percent of Hamtramck’s population in 1960, but only 8.5 percent six years later, noted Damon Keith, now a judge on the 6th U.S. Circuit Court of Appeals.It took until 1980 for all sides to agree to a solution: Two hundred family housing units, as well as 150 units for senior citizens, would be offered at below-market rates to black plaintiffs in the lawsuit. It didn’t take long to build the senior housing, but construction on the rest didn’t start until 2004.

“Attitudes, funds and skills were the three missing ingredients,” said Michael Barnhart, attorney for the victims. “The city was still fighting it. Secondly, they didn’t have the money. Hamtramck was in and out of state receivership.”

The city’s current lawyer, James Allen Sr., agreed.

“This litigation was used as a political wedge issue. The us-versus-them mentality kept people in political office,” he said.

That changed when Gary Zych became mayor in the late 1990s. He said resolving the discrimination case was a moral issue as well as a practical one. Hamtramck couldn’t develop vacant land for other purposes until it built the subsidized housing.

It has been a long time coming, but restitution is currently well underway in the teeth of the financial crisis, with 100 homes completed for rental or sale and the rest slated for completion within the year. The remedial program also follows a lot of what would elsewhere be called transitional justice best practices. For instance, where direct victims have died since the case was brought, their children and grand-children are entitled to move into the new housing in their stead. Implementation of the program has also been assisted through consultative processes brokered by civil society actors including fair housing advocates and local clergy. And, perhaps most important, delivery of the houses has been accompanied by genuine acknowledgment of the harm that was originally done through the clearances. As reported in the Times:

Just weeks ago, [displaced former resident] Ms. Sanders moved into a new ranch-style house on the same street where her family once lived, and Gov. Jennifer M. Granholm personally handed over the keys. As a young lawyer, Ms. Granholm was a clerk to Judge Keith [who issued the 1971 decision] in the late 1980s.

“We went full circle, and it’s pretty wonderful,” said Ms. Sanders, whose parents, now dead, were among the 250 plaintiffs who sued the city. “To acknowledge that, O.K., they were wrong, that gives me a little satisfaction because my parents were mistreated so. I just wish they were here to see it.”

Restitution in Hamtramck stands out both for the fact that it happened at all and for its isolation. Urban renewal and highway extensions were commonly used to clear black neighborhoods in the decades after World War II, but Hamtramck appears to represent the only judicial challenge to this practice that was brought to fruition. If it were to be taken as a nationwide precedent, the implications for municipal governments across a broad swathe of the midwest from Cincinnati to Syracuse would be significant (to say the least). From a legal perspective, the statutes of limitation for such suits have surely long since run, whatever arguments one might make about the capacity of the victim to bring suits at the time of the violations. Again, from the Times:

The home building is also what experts call a bittersweet finale to one of the longest-running housing discrimination suits to weave its way through court, having begun in the civil rights era. Beyond its age, the case is also distinctive in that it happened at all. While Hamtramck may be an extreme example, experts said housing discrimination against blacks in the mid-1900s was common, but class-action lawsuits were rare because of their expense and complexity.

However, from a social perspective, the Hamtramck decision, along with its belated acceptance and implementation, stand as another reminder of the fact that Americans, even in the age of Obama, still do not benefit from a completely level playing field. The opportunities of my white suburban classmates were shaped by the mobility their ancestors had enjoyed to move out of neighborhoods like Over the Rhine to suburban areas with well-funded schools and subsidized highways. Meanwhile, the opportunities of many black teenagers of my generation were crimped by policy decisions and commercial practices that destroyed the viable neighborhoods built by their grandparents and barred them access to better ones.

Given the American allergy to being described by the human rights concepts we were instrumental in developing, it wouldn’t do much good to talk about transitional justice. And anyone who turned up in Hamtramck with a copy of the Pinheiro Restitution Principles would probably end up at the wrong end of the annual Paczki Toss. So, in more American terms, it is at least satisfying to see justice done in Hamtramck and know that even if the settlement there will bring no material benefit to the thousands of families uprooted in other mid-western cities two generations ago, it may at least bring a degree of acknowledgment.