Integrating HLP in Humanitarian operations Juba, 2018 H ousing L - - PowerPoint PPT Presentation

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Aug 15, 2022 34 likes •390 views

Integrating HLP in Humanitarian operations Juba, 2018 H ousing L and & P roperty DEVELOPMENT INVESTMENT WEALTH LAND CONFLICT PEACE LIVELIHOOD HOME IDENTITY PLACE OF ORIGIN LAND PROPERTY 1.CANNOT BE MOVED 2.MOST VALUABLE

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Integrating HLP in Humanitarian

perations

Juba, 2018

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Housing Land & Property

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LAND

LIVELIHOOD HOME IDENTITY WEALTH INVESTMENT DEVELOPMENT CONFLICT PEACE

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LAND

PLACE OF ORIGIN PROPERTY

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1.CANNOT BE MOVED 2.MOST VALUABLE

IMMOVABLE PROPERTY = LAND, HOUSE, BUILDINGS

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1.Property 2.Person 3.Tenure

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Tenure Tenere to hold / have

Tenure = relationship between the person in possession and the land/building

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Land Cadastre + tenure

Property Registry

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Immovable property (cannot be moved/most valuable asset)
Possession (use of the property, directly and indirectly)
Property cadastre (physical representation of land and

buildings)

Property Registry (Cadastre + rights)
Tenure (relationship between the person in possession and

the land/building)

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“HLP is only for lawyers”

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“No HLP in emergencies”

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“No title, no shelter”

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“No title, no tenure security”

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“Title = secure tenure”

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“Evictions are always evil”

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“Lawyers always know best”

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Restitution & Tenure Security

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All refugees and displaced persons have the right to freely return to their homes of origin. They have the right to have restored to them property of which they were deprived. They have the right to be compensated for any such property that cannot be restored to them.

RESTITUTION (Pinheiro Principles)

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Avoid consolidating secondary occupancy
Avoid validating illegitimate means of repossession
Assist displaced to document HLP rights

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1.PREVENT CONFLICT 2.DURABLE SOLUTIONS

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Security of Tenure (certainty that the person will

not be forcibly dispossessed/evicted)

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"Secure Enough" (greatest degree of security of tenure for beneficiaries that is feasible in the context)

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What does it mean?

Understanding the context
Accepting uncertainty
Integrating HLP in Programming

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Understanding the Context

Formal / De Jure (“Should be”)
Formal property rights - freehold, use rights, tenancy, etc
Legislation - modalities of property transfer, rental laws, expropriation rules, eviction

procedures

Land administration - Land Registry, property records
Informal / De Facto (“Is”)
Tenure modalities
Tenure arrangements – unfamiliar arrangements, landlords that are not owners /

State land that has been occupied for decades, unclear rent-to-buy agreements

Remedies – dispute resolution mechanisms
Practices discriminate women?
Customary

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Accepting uncertainty

Formal ownership is not a pre-requisite
Assist tenants, landless
Tenure: secure enough

“Greatest degree of protection for beneficiaries that is feasible in the context”

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Integrate HLP in Programming

Design
Include HLP capacity
BE CAREFUL WITH LAWYERS
Needs of tenure insecure
Adapt programmes to tenure context
Avoid entrenching discrimination against women
Implementation
Grievance mechanism
Legal assistance
Triangulation and red flags
Listen to the community – actor mapping
Monitoring and Evaluation
Degree of security of tenure: investment, perception, plans

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RISK

Secondary displacement Paralysis HLP

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1. WHAT ARE WAYS IN WHICH YOU CAN INCREASE THE PROBABILITY

OF PROPERTY RESTITUTION FOR YOUR BENEFICIARY?

2. HOW CAN YOU IMPROVE SECURITY OF TENURE FOR THE

BENEFICIARY OF YOUR SHELTER INTERVENTION?

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THANK YOU!