ANNUAL WORLD BANK CONFERENCE ON LAND AND POVERTY WASHINGTON DC, , 2016

NRC ICLA PROGRAMME ICLA : Refers to Information, Counseling and Legal Assistance NRC ICLA project implements HLP activities in 20 countries; -Latin America: Col, Ven, Ecu, Pan, and Hon; - Africa: Mali, CDI, CAR, SS, DRC, Nigeria and Som; -Middle East: Pal, Leb, Jor, Iraq; -Asia: Myanmar, Afg, Iran; -Europe: Ukraine)

OVERVIEW OF ICLA SOMALIA The NRC ICLA programme was established in Somalia in 2013, and provides information, counselling, legal assistance, collaborative dispute resolution, and capacity building services to enable persons affected by displacement to claim and exercise their housing, land and property (HLP) rights. ICLA currently operates in Somaliland, Puntland, and South Central.

OVERVIEW OF DWHLP RESEARCH INITIATIVE In 2011, NRC embarked on a five-year initiative aiming to increase displaced women’s access to housing, land and property (HLP) rights through national and international advocacy. The project aims to provide well-researched legal, policy and practical recommendations for the humanitarian community, including practitioners, donors, governments and civil society. The project’s evidence base is drawn from NRC’s extensive operational experience of more than 15 years as a provider of information, counselling and legal assistance (“ICLA”) activities related to HLP rights in 20 countries, afflicted by or recovering from conflict.

METHODOLOGY Desk study of existing literature, ICLA programme documents, and fieldwork conducted between 27 August and 24 September, FGDs with IDPs and other stakeholders in Dollow & Mogadishu in South Central, Hargeisa in Somaliland, & Garowe and Galkayo in Puntland. 28 in-depth individual interviews with Government,CSOs, programme staff & partners, & other key stakeholders.

LEGAL BASIS FOR WOMEN’S HLP RIGHTS Statutory, customary, and religious regimes. Security of tenure guarantees that people can access and enjoy their home and their rights to land without fear of forced eviction, and enables them to improve their housing and living conditions. All forms of tenure warrant baseline protection to guard against forced eviction.

INTERNATIONAL & REGIONAL LAW ICCPR, ICESCR, & CERD UNIVERSAL ISLAMIC DECLARATION ON HUMAN RIGHTS (1981) Adopted by the Islamic Council (London-based affiliate of the Muslim World League NGO seated in Saudi Arabia), 19 September 1981.

Continued … CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM (1990) THE PINHEIRO PRINCIPLES ACHPR HUMAN RIGHTS (BANJUL CHARTER) THE PROTOCOL TO THE ACHPR ON THE RIGHTS OF WOMEN IN AFRICA (MAPUTO PROTOCOL)

Continued … AFRICAN UNION CONVENTION FOR THE PROTECTION & ASSISTANCE OF INTERNALLY DISPLACED PERSONS IN AFRICA (“THE KAMPALA CONVENTION”)

DOMESTIC LAW FEDERAL REPUBLIC OF SOMALIA, PROVISIONAL CONSTITUTION, adopted august 1, 2012 PUNTLAND CONSTITUTION, Constitution of Puntland, adopted 18 April 2012 SOMALILAND CONSTITUTION, adopted 2000 with updated translation 2005

SHARI’A LAW Inheritance – Concerning your children, God commands you that a son should have the equivalent share of two daughters. If there are only daughters, two or more should share two- thirds of the inheritance, if one, she should have half. (4:11) Mah’r - Mahr is a payment, or promise of payment, that a husband makes to the wife at the time of marriage; the Qur’an instructs that men must: “Give women their bridal gift upon marriage.

Continued… Marriage, Maintenance and separate property - While women do inherit lesser shares than men, it has also been observed that there is a balancing factor, in that men are charged with providing economic support for his wife/wives and children, including food, shelter, clothing, and medical care.

Continued… Divorce - Unlike the husband, the wife does not have the right to divorce by repudiation. However, her rights to her property are protected in the event that a divorce does take place: Customary Law ‘Xeer’ – a set of rules and obligations developed between traditional elders to mediate conflicts and maintain peaceful relationships amongst Somalia’s clans. No mention of women’s rights.

WHAT DO WOMEN WANT? The research suggests that women do not have a problem with speaking; they have a problem with finding spaces where they can speak, and decision-makers they can speak to. When given the opportunity, the women expressed simple desires: to be heard and fairly treated; to claim their HLP rights and still have marriages with respect; to be economically empowered, and to seek justice when they have been wronged

RECOMMENDATIONS 1.HELP WOMEN BE HEARD: RAISING WOMEN’S VOICES. Spaces to speak: Create spaces where women can come together and talk about problems, and discuss possible ways to improve their lives. Access to decision-makers: Help women gain access and audience with the decision-makers, who are still primarily male, in both statutory and customary systems.

2. EMPOWER WOMEN TO CLAIM THEIR RIGHTS. Increase knowledge of women’s rights: Ensure both men and women are better trained on women’s rights Increase opportunities to access rights: Create more opportunities for women to access and claim HLP rights. Economic Empowerment: Confidence to make choices: Empower women economically; this is one of the primary ways to increase women’s feelings of confidence and strength

3. INCREASE ACCESS TO JUSTICE Linking women, religious leaders, & traditional leaders: explore innovative linkages & create forums for women to claim rights and protections under Islam. Facilitate access to legal assistance in both statutory and customary forums: through lawyers,paralegals, community structures Increase impact of mediation as a safe space to advance the conversation about women’s HLP rights by engaging both men & women. Protect women who claim their rights

4. WORK WITH GOVERNMENT TO SUPPORT WOMEN Build links where NGOs provide material support, knowledge, and capacity building; governments enforce laws that guarantee rights and punish violations Strengthen existing collaborations, those between governments and NGOs to facilitate access to land, shelter, and tenure security for IDP women. Support women in office to strengthen women’s political voice and representation.

5. IMPLEMENT GENDER- SENSITIVE PROGRAMMING Recognise gender bias: Hear and understand the viewpoints of women, from women themselves at all stages of programme design. Understand the gender sensitivity of programming: Analyse and understand how interventions will impact both men and women. Continue focusing on women’s needs and addressing discrimination, but be cautious that the advancement of women is not perceived as coming at the expense of men.

6. BE CREATIVE: TEST NEW IDEAS Do not be afraid to try something new; new challenges may require new approaches. Try to understand the people and the interests involved; then create responses that can speak to the needs in a way that accounts for the varying interests. The fact that something has not been done before does not mean it cannot succeed if done the right way, and trying new strategies can result in better interventions, if not perfect ones.

CONCLUSION To empower displaced women to claim and exercise their HLP rights, the importance of Islamic and customary systems cannot be overlooked or legislated away. The majority of Somali men and women expressed the notion of identity within the framework of Islam and being a “good” Muslim, and, it is important to take this opportunity to ensure that women are included in the discourse of what Islam in Somalia means, and to ensure that they are not excluded…

Continued… The customary system also remains an integral part of Somali society. Even where certain aspects of it may be of less relevance in more urban settings, customary practices remain key in the management of social issues and relationships. Thus, a deeper discussion about discriminatory customs and norms themselves should be had.

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