1. TRAINING WORKSHOP ON DURABLE SOLUTIONS - JUBALAND*
TRAINING WORKSHOP ON DURABLE SOLUTIONS - JUBALAND
13th AUG 2018

2. MODULE 6: s Housing, Land and Property and Durable Solutions
Brief explanation on ICLA

3. Learning Objectives To understand basic concepts related to HLP rights
To understand the relevance of HLP in the achievement of
durable solutions
Understand existing legal and policy frameworks on HLP in Somalia
To propose actions aimed at ensuring improved access to
HLP rights and the fulfillment of durable solutions in the Somali
context.

4. Discussion Outline
Scoping HLP rights: what does it entail?
Forms of HLP rights (Illustration)
Legal and policy frameworks (brief overview)
HLP and displacement
HLP considerations in Durable Solutions context

5. Housing
well defined in international law: UDHR, ICESCR, ICCPR, GCs, 1951 RC, CRC, etc. Component of the right to an adequate standard of living
Land
no international legal right;
can be evoked in the fulfilment of other rights – HFW
can be derived from other human rights – H, ST, F/W, ND, SD
Article 12: SL Con: The land is a public property commonly owned by the nation, and the state is responsible for it.
Brainstorm
Explain security of tenure
HLP rights include a range of statutory and customary rights relating to the right to use, control, transfer and enjoyment of HLP assets
Property
Controversial among internationally protected HRs
Only universal formulation of right to property = UDHR

6. Brainstorming HLP rights Violations in Jubaland and Kismayo in particular?

7. Monthly Trend 2018 – Individuals. Country level V/S Kismayo
Annual Trend – Individuals. Country level V/S Kismayo
Forced Eviction Data: Source Eviction Trend Analysis Dashboard
Some of the IDP sites evicted Luqmaan, Galbeed,central,Mudul,Jibey,Barka,wirkoy
5% of all evictions in Kismayo

8. Whose Land is??
Kismayo IDP figures estimate: 135 IDP sites hosting 14,667 households/88,002 indiv.
Approx Sites are in Public land estimate of 40% of the IDP sites in Kismayo which is equal to 5866 households.
Land Tenure status: On about 14% of the total IDP households have reported having access to some kind of tenancy/tenure security.
Some figures on Land to reflect in Kismayo;
Obbasibo; 30,000-illegal land occupation
Government and Foreign Entities; 804
Open spaces for development: 5737

9. 1. Why is it important to address HLP in conflict and post-conflict situations?
Brainstorm
Explain security of tenure

10. Scoping HLP Rights: what does HLP rights entail?
More than roof and wall
Early recovery, peace, reconciliation
Rule of law and peacebuilding
Physical security
Residence with dignity
Food Security & Livelihood
Political stability
Transitional justice
Socio-economic development
HLP Rights
Brainstorm: Ask participants what HLP right entails
Diff. levels of HLP awareness, involvement and participation
MRW = physical security, dignity = ICESCR Art. 11, GC 4
Livestock sector largest contributor to livelihoods = 65%
- Land = agriculture = econ activities=Livelihood
Foundation for early recovery, peace, reconciliation, political stability, transitional justice, etc
Key message
GBV, foodSec and transitional justice are not HLP, but HLP contributes to the fulfillment of the human rights that are linked to them.

11. Individual or joint ownership
Forms of HLP Rights
User rights
Customary rights
Individual or joint ownership
Formal = (e.g. with formal documents) - rare, less than 30% globally and much less in fragile contexts.
Customary rights (for individuals or more often groups) - these are administered by customary institutions, such as chiefs, traditional leaders, etc.
User rights – this category includes a wide range of HLP options such as rental agreements, rights of use / inhabit, rights to plant and harvest, rights to access water sources, rights of passing through, etc. User rights can be individual or collective

12. Illustration: Forms of HLP Rights
Customary right
Individual
joint ownership
(Statutory)
User right
Easement – expressed grant, necessity and prescription
Water, drainage, electricity, telephone and TV cables, right of way, car park, right of support, water sources,
Examples: 1) Private land turned football field in South Sudan; 2) denial of access to refugee camp; and 3) transhumance grazing in Sudan.

13. LEGAL AND POLICY FRAMEWORKS
International
International Covenant on Economic Social and Cultural Rights, 1996
International Covenant on Civil and Political Rights, 1996
IDP Guiding Principles, 1998
Pinheiro Principles, 2005
UN Basic Principles and Guidelines on Dev.-based Evictions and
Displacement, 2007
Voluntary Guidelines on the Responsible Governance of Tenure of Land,
Fisheries and Forests in the Context of National Food Security , FAO 2012
UN Guiding Principles on Security of Tenure for Urban Poor, 2013
Regional instruments and applicable national legislation
International National Laws
Laws Domestic Laws (Constitutions – Federal, Puntland, Somaliland)
Covenants, Conventions, Treaties & Protocols Shari’a (Inheritance, Mahr, Marriage maintenance and separate property, divorce)
Resolutions Customary Law (Xeer)
Declarations and recommendations
Conventions
ICESCR – Drafted 1954; Signed16 December 1966; Effective 3 January 1976; Signatories 71; Parties164
ICCPR – Drafted 1954; Signed16 December 1966; Effective 23 March 1976; Signatories 74; Parties168
Guiding Principles on Internal Displacement – 1998
Principles on Property Restitution for Refugees and Displaced Persons, 2005

14. LEGAL AND POLICY FRAMEWORKS
National
Provisional Constitution of the Federal Republic of Somalia, 1 August 2012
Puntland Constitution, 18 April 2012
Somaliland Constitution, 31 May 2001
IDP policies
- Federal Somalia (draft)
- Somaliland (adopted)
- Puntland (adopted)
This means we can use the constitution to protect HLP rights in Somalia
International National Laws
Laws Domestic Laws (Constitutions – Federal, Puntland, Somaliland)
Covenants, Conventions, Treaties & Protocols Shari’a (Inheritance, Mahr, Marriage maintenance and separate property, divorce)
Resolutions Customary Law (Xeer)
Declarations and recommendations
Conventions
ICESCR – Drafted 1954; Signed16 December 1966; Effective 3 January 1976; Signatories 71; Parties164
ICCPR – Drafted 1954; Signed16 December 1966; Effective 23 March 1976; Signatories 74; Parties168
Guiding Principles on Internal Displacement – 1998
Principles on Property Restitution for Refugees and Displaced Persons, 2005

15. LEGAL AND POLICY FRAMEWORKS
Regional Jubaland.
Only remnants of the old legislation from Siad Barre exists; legal & policy vacuum)
Pressing need for having appropriate legislative and policy frameworks on land, human resources development.
Absence of critical tools to guide and support land governance
The Land Law of 1975 of the Siad Barre government constitutes the main legal basis of the prevailing land rights in Jubbaland - ownership and control of land was transferred to government. Legal provisions on land is dating back to colonial period and Siad Barre’s regime which seems not reflect land conflict problems in current protracted environment ( status quo)
Estimates by government officials show that the land which is unregistered covers about 70-80% of Kismayo & conflicts are concentrated on this land.
International National Laws
Laws Domestic Laws (Constitutions – Federal, Puntland, Somaliland)
Covenants, Conventions, Treaties & Protocols Shari’a (Inheritance, Mahr, Marriage maintenance and separate property, divorce)
Resolutions Customary Law (Xeer)
Declarations and recommendations
Conventions
ICESCR – Drafted 1954; Signed16 December 1966; Effective 3 January 1976; Signatories 71; Parties164
ICCPR – Drafted 1954; Signed16 December 1966; Effective 23 March 1976; Signatories 74; Parties168
Guiding Principles on Internal Displacement – 1998
Principles on Property Restitution for Refugees and Displaced Persons, 2005

16. Group exercise Group work/discussion – by tables
Brainstorm and record HLP disputes that are currently occurring in your, state/province, district in which you are working.
HLP challenges relating to the location of internal displacement
HLP challenges relating to the location of origin
HLP challenges emanating from other actors (including the State)
3 flip charts on the wall with headings – challenges related to HLP
Recap challenges
Monica to add challenges
Brainstorm and record HLP disputes that are currently occurring in your, state/province, district in which you are working
Challenges in the location of displacement
Challenges in the location of origin
Challenges emanating from other actors (including the State)

17. HLP and Displacement Area of Displacement Place of origin
HLP violations as a cause of displacement e.g. forced evictions, land grabbing, large scale land acquisitions, etc.
HLP issues as a consequence of displacement - loss of shelter and livelihood; disputes in place of origin and refuge; loss of documents
Area of Displacement
Place of origin
Physical violence over the control rights
Illegal occupation and use (squatting)
Destruction, looting, loss of records, confiscation and re-allocation
Weak land management systems; poor legal and policy frameworks; degradation /destruction of homes and boundary markers
Non-implementation of restitution
Inadequate shelter: increased protection risks – GBV and health.
Forced eviction, 2ndary displacement
Lack / Limited access to land for subsistence and livelihoods
Tension over resources
Limited access to services
Brainstorm: Participants to list HLP challenges in places of origin, displacement
HLP violations are both a cause and an effect of displacement
Restoring HLP rights is essential for the achievement of durable solutions
Limited access to services, education and health facilities
Exclusion of women, children and minorities
Land declared unsuitable for residence (risk areas)

18. HLP Considerations in Durable Solutions Planning
Protection of HLP assets acquired during displacement,
homes, lands, etc.
Access to land for shelter, economic & livelihood opportunities
(return / reintegration), i.e. land to farm, dwell, graze, etc.
Cooperation with other stakeholders to prevent forced
evictions, i.e. gov’t humanitarian, dev. actors, communities, etc
Tenure security for individual shelter units and public
infrastructures, i.e. WASH facilities, schools, communal farm
and garden initiatives, etc.
Access to livelihoods: In Somalia, returnee farmers in Gedo have had their land tenure secured through legal documents under the resilience projects. Securing their land tenure involves development of land tenure agreements granting them user rights over farmland owned by host community and returnees have right of use and ownership over the harvest during the planting and harvest season. This model can be used to address the livelihood needs of displaced populations and is relevant for all 3 DSs; return, reintegration and resettlement.