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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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)