Housing, Land and Property (HLP) Rights in Shelter: Due Diligence Guidelines Global Shelter Cluster – 2nd October 2017

HLP: Definition and Role in Syria Context © HLP: Definition and Role in Syria Context HLP rights are about having shelter, safety and the ability to secure a livelihood free from forced eviction. International instruments on HLP rights: Right to adequate housing Right to security of tenure and protection from forced eviction Right to non-discrimination in access to HLP N. Syria characterized by very complex HLP context: Emergence of new authorities, difficulty to legally confirm ownership claims Loss of documentation / fraudulent documentation Secondary occupation Ongoing displacement, demographic changes Absence of original owners

The Need for Due Diligence Shelter actors have duty to uphold the HLP rights of beneficiaries AND owners of HLP used for shelter interventions, throughout the project cycle. This process is called Due Diligence. Key dimensions include: Understanding HLP context prior to implementation Key authorities? HLP disputes? Dispute resolution mechanisms? Integrating HLP ownership verification into all shelter activities: Must ensure to deal with the REAL owner! Do not just rely on documentation – multiple sources – triangulation Sign written agreement before implementation Being prepared for problems – dispute resolution mechanisms, HLP-sensitive M&E

Failure to do Due Diligence can result in: © Failure to do Due Diligence can result in: Risk not dealing with real owner who might come forward, violation of owner’s HLP rights Exposing IDPs to the risk of forced eviction and/or demands for payment and extortion Increased risk of future land disputes Partial or full blocking of humanitarian activities In both Azaz and Idleb, self-declared landowners have brought cases to the local Shari’a court to close IDP camps and reclaim their lands Lack of accountability to beneficiaries and donors

HLP in Shelter Due Diligence Guidelines: Background and Aim SNFI Cluster HLP Due Diligence training for Cluster partners, October 2016: Key Action Point: Adoption of global Land Rights and Shelter Due Diligence Guidelines (2013) to the XB Turkey context! Final Guidelines based on SNFI Cluster field assessment in early 2017 in close collaboration with TWIG and NRC. Endorsed by SNFI Cluster in July 3 KEY objectives: Support verification of HLP ownership Reduce risk of HLP disputes Ensure compliance with Do No Harm principles

Scope and Structure of Guidelines Covers following shelter activities: Shelter Construction (transitional and permanent) Shelter Repairs/Rehabilitation: Private Housing Shelter Repairs/Rehabilitation: Collective Centres Rehabilitation of unfinished buildings Household Rental Support Guides step by step through each project phase: Preparedness and Planning: Mapping of key HLP actors and concerns Before Implementation: Establishing HLP eligibility criteria, signing of beneficiary agreements During Implementation: Reporting lines for HLP issues, referral systems in place Evaluation: Integrating HLP into M&E frameworks

HLP Due Diligence Guidelines Training © Co-sponsored by: USIP, IOM, USAID, World Bank (J4P) HLP Due Diligence Guidelines Training Objective: Facilitate and support the roll out and practical application of HLP DD Guidelines in shelter activities of Cluster partners Target audience: Cluster partners implementing shelter activities (or planning to do so)