1. Housing, Land and Property Working Group Housing, Land and Property (HLP) Shelter Meeting 2012 Geneva 24 May 2012

2. Housing, Land and Property Working Group Presentation Structure Background on HLP Background on HLP Emergency Shelter and HLP Issues Emergency Shelter and HLP Issues Some Lessons Learned Some Lessons Learned Way Forward Way Forward

3. Housing, Land and Property Working Group Who we are Protection Cluster Area of Responsibility (AoR) Protection Cluster Area of Responsibility (AoR) Aim: more predictable, accountable and effective response to HLP issues Aim: more predictable, accountable and effective response to HLP issues 2012-13: support to field and partnership with the emergency shelter cluster 2012-13: support to field and partnership with the emergency shelter cluster Food and Agriculture Organisation (FAO) Geneva International Centre for Humanitarian Demining (GICHD) International Committee of the Red Cross (ICRC) Internal Displacement Monitoring Centre (IDMC) Office for the High Commissioner for Human Rights (OHCHR) International Development Law Organisation (IDLO) International Federation of the Red Cross and Red Crescent (IFRC) - representing the Shelter Cluster International Organisation for Migration (IOM) Norwegian Refugee Council (NRC) UNDP’s Bureau of Crisis Preparedness and Response (BCPR) – representing the Rule of Law AoR United Nations High Commissioner for Refugees (UNHCR) United Nations Human Settlements Programme (UN- HABITAT) UN Mine Action Service – representing the Mine Action AoR

4. Housing, Land and Property Working Group Some of the places we work… Afghanistan Burundi Colombia Cote d’Ivoire DRC Haiti Iraq Indonesia Kyrgyzstan Liberia Libya Myanmar Pakistan Serbia Somalia South Sudan South Pacific

5. Housing, Land and Property Working Group What are HLP rights? Origins are in housing rights movement Origins are in housing rights movement Now include the full range of residential, land and natural resource rights in IHL and global standards (respect, protect, fulfil) Now include the full range of residential, land and natural resource rights in IHL and global standards (respect, protect, fulfil) Include statutory, customary and informal rights Include statutory, customary and informal rights

6. Housing, Land and Property Working Group Why HLP matters Conflict : land a root cause of displacement and violent conflict Conflict : land a root cause of displacement and violent conflict Risk Reduction : poor land-use increases exposure to hazards Risk Reduction : poor land-use increases exposure to hazards Humanitarian Operations : access to land and security of tenure critical for emergency shelter programming Humanitarian Operations : access to land and security of tenure critical for emergency shelter programming

7. Housing, Land and Property Working Group HLP & Emergency Shelter Issues 1 Assessment – inclusion and analysis (Libya, Haiti, Pakistan 2010-11) Assessment – inclusion and analysis (Libya, Haiti, Pakistan 2010-11) Emergency Shelter Strategy – HLP issues incorporated? (Philippines, Haiti) Emergency Shelter Strategy – HLP issues incorporated? (Philippines, Haiti) Host Families – insecure rights of host family (Pakistan 2009) Host Families – insecure rights of host family (Pakistan 2009) Collective Centres – residual caseload often due to HLP issues (2004 tsunami) Collective Centres – residual caseload often due to HLP issues (2004 tsunami)

8. Housing, Land and Property Working Group HLP & Emergency Shelter Issues 2 Eligible Beneficiaries – documentation required by Govt or Donor (various countries) Eligible Beneficiaries – documentation required by Govt or Donor (various countries) Access to land – sites for emergency or transitional shelter (Gujarat 2001, Pakistan 2005, Haiti) Access to land – sites for emergency or transitional shelter (Gujarat 2001, Pakistan 2005, Haiti) Rubble Removal – whose rubble? who removes it? when? (Pakistan 2005, Haiti) Rubble Removal – whose rubble? who removes it? when? (Pakistan 2005, Haiti) Abandoned land & property – role in broader shelter strategy under-developed (Kosovo, Bouganville, PNG) Abandoned land & property – role in broader shelter strategy under-developed (Kosovo, Bouganville, PNG) Secondary Occupation – good faith versus deliberate strategy? (Kosovo) Secondary Occupation – good faith versus deliberate strategy? (Kosovo)

9. Housing, Land and Property Working Group HLP & Emergency Shelter Issues 3 Informal rights holders – squatters, informal settlements, renters (Gujarat 2001, Haiti) Informal rights holders – squatters, informal settlements, renters (Gujarat 2001, Haiti) Evictions – new demand for emergency shelter (Afghanistan, Cambodia, Rwanda, etc.) Evictions – new demand for emergency shelter (Afghanistan, Cambodia, Rwanda, etc.) Unsafe Land/Landlessness – risk assessment, resettlement (Gujarat 2001, Pakistan 2005, Pakistan 2010-11, Phils 2012) Unsafe Land/Landlessness – risk assessment, resettlement (Gujarat 2001, Pakistan 2005, Pakistan 2010-11, Phils 2012) Handover – what kind of documentation/ rights to emergency shelter? (Aceh 2004, Iraq) Handover – what kind of documentation/ rights to emergency shelter? (Aceh 2004, Iraq)

10. Housing, Land and Property Working Group Shelter & HLP: Some Lessons Ignoring land issues is not an option – incorporate into response strategy Ignoring land issues is not an option – incorporate into response strategy Significant awareness and practical experience in shelter cluster Significant awareness and practical experience in shelter cluster Emergency shelter can help secure HLP rights (positive and negative) Emergency shelter can help secure HLP rights (positive and negative) Urban contexts increase complexity, but some rural approaches still valid Urban contexts increase complexity, but some rural approaches still valid

11. Housing, Land and Property Working Group Way Forward Increased collaboration at the global level – 2012-13 HLP Work Programme Increased collaboration at the global level – 2012-13 HLP Work Programme Closer operational working relationship at the field level Closer operational working relationship at the field level Expanding the roster of HLP and Shelter experts Expanding the roster of HLP and Shelter experts

12. Housing, Land and Property Working Group Thank You! Szilard Fricska Chair, Housing, Land and Property AoR fricska.unhabitat@unog.ch Food and Agriculture Organisation (FAO) Geneva International Centre for Humanitarian Demining (GICHD) International Committee of the Red Cross (ICRC) Internal Displacement Monitoring Centre (IDMC) Office for the High Commissioner for Human Rights (OHCHR) International Development Law Organisation (IDLO) International Federation of the Red Cross and Red Crescent (IFRC) - representing the Shelter Cluster International Organisation for Migration (IOM) Norwegian Refugee Council (NRC) UNDP’s Bureau of Crisis Preparedness and Response (BCPR) – representing the Rule of Law AoR United Nations High Commissioner for Refugees (UNHCR) United Nations Human Settlements Programme (UN-HABITAT) UN Mine Action Service – representing the Mine Action AoR