IFRC Shelter Technical Training Yverdon-Les-Bains, Switzerland | 3 rd – 7 th March 2008 Beneficiary identification and land rights This session looks at

IFRC Shelter Technical TrainingYverdon-Les-Bains, Switzerland | 3rd – 7th March 2008

International Federationof Red Cross and Red Crescent Societies

Beneficiary identification and land rights

This session looks at the purpose, advantages and process of beneficiary identification, and the issues of land rights and protection during transitional settlement and reconstruction

30 mins

Southern Africa, 2008



Session objectivesThe key learning objectives of this session are to form anunderstanding of:

1. Beneficiary selection and vulnerability

2. Land rights and protection during transitional settlement and transitional reconstruction



Session objectivesThe key learning objectives of this session are to form anunderstanding of:





Purpose of beneficiary identificationFor beneficiary identification, governments and humanitarian organisations need a defined and agreed acceptance criteria based on need and vulnerability.

The purpose of beneficiary identification is to determine the type and level of support required in transitional settlement and reconstruction, by understanding:

• who has been impacted, to determine the scale of response

• how they’ve been impacted, to determine the priorities of response

• their needs and vulnerability, to determine the nature of response

• their legal rights, such as land tenure, to determine how they may be assisted



Accurate beneficiary identification transitional settlement is vital to the provision of support

When identifying beneficiaries consider:

• dispersed options

beneficiaries may be indistinguishable from the host population

rural and urban self-settlers may have different rights from existing informal settlers

• grouped options

may or may not be easier to distinguish from the host population

beneficiaries may be indistinguishable from combatants

Beneficiaries: transitional settlement

Host family

Urban self-settlement

Rural self-settlement

Collective centres

Self-settled camps

Planned camps



Beneficiaries: transitional reconstructionIn transitional reconstruction, the rights of beneficiaries must be determined before assistance may be given

In numerous circumstances, tenants and occupants with no legal status:

• are omitted from beneficiary lists• are included as beneficiaries in transitional

settlement but not transitional reconstruction

• are often the most vulnerable and least able to return to sustainable livelihoods

There have been few circumstances where landlords have been included as beneficiaries of assistance to their rental properties

The rights of owner-occupiers are often the most straight-forward to determine

Occupant with no legal status

House tenant

Apartment tenant

Land tenant

Apartment owner-occupier

House owner-occupier



Beneficiaries may move between optionsBeneficiary assessment and land use will need to continually monitored and reviewed

• as displaced populations move between transitional settlement options over time

• as non-displaced populations move to different transitional reconstruction options

See session ‘implementing settlement programmes’



Beneficiaries: benefits of identificationBeneficiary identification, through consistent and continuous assessment, monitoring and evaluation of population size, damage levels and needs, will benefit the affected population by:

• providing protection and conferring or confirming legal status of the beneficiary

• providing appropriate and equitable assistance

- provides equivalent assistance to beneficiaries in all options - provides assistance that meets national & international

standards

• providing information in relation to their rights to transitional settlement and reconstruction options, and restitution support options

• providing access to representation and complaints mechanisms



Beneficiaries: benefits of identification

The beneficiary identification process offers opportunities to:

• understand the priorities and resources of the beneficiaries

• begin the process of recording transitional reconstruction options, including land tenure and cadastral records

• understand better the movement of people between transitional settlement and reconstruction options

• support the response of all sectors of operation



Beneficiaries: vulnerable groups

Within the beneficiary selection process, criteria for identifyingvulnerable beneficiaries must be developed with each response

Vulnerable groups and individuals should be considered in every step of beneficiary identification, planning and implementation

Vulnerable groups and individuals may have difficulties inexpressing their opinions and may need additional support



Beneficiaries: vulnerable groups

Vulnerable groups and individuals may include:

• minority groups – for example, if hosted in a community that is unfamiliar with their culture

• women – for example, if displaced with no social protection

• children – for example, if orphaned

• the elderly – for example, if not living with extended family

Methods for involving vulnerable groups include:

• identifying existing social groups and networks• holding focus groups for minority groups• offering training• holding meetings in a variety of locations • holding meetings at times of day most suited to them



Beneficiaries: process of identification

The type of assistance required is determined by:

• which option they were living in pre-disaster

• which transitional settlement or reconstruction option they are currently in or will be moving to

The level of assistance required is determined by:

• their vulnerabilities

• the level of damage to their accommodation

• their capacities and resources

• which transitional reconstruction option they are moving to



Beneficiaries: process of identification

The beneficiary identification process must be:

• ongoing

• coordinated with assessment, monitoring and evaluation

• part of regular strategic review

The government is responsible for assessment, monitoring and protection of beneficiaries



Beneficiaries: checklist for identification

A checklist of 10 activities may inform the process of beneficiary identification:

1. agree a strategy for beneficiary identification

2. agree criteria for beneficiary identification

3. agree criteria for group and individual vulnerability

4. communicate strategy and criteria to the population

5. interview the affected population

6. announce preliminary beneficiary list

7. over an agreed period, support a complaints procedure

8. select beneficiaries

9. publish the beneficiary list

10. review and repeat



The key learning objectives of this session are to form anunderstanding of:



Session objectives



Land rights and protectionPrinciples of land rights and protection for populations intransitional settlement and transitional reconstruction:

1. Protection for all

2. Settlement, return, and resettlement must be voluntary

3. Alternative options supported

4. Movement between options supported

5. Property restored and support for tenants

6. Opportunity to engage in participation

7. Vulnerable minority groups represented

8. Governments responsible for systems and procedures

9. Humanitarian community provide support with technical

expertise and capacity



#1 Protection

“1. no one shall be subjected to arbitrary or unlawful interference with his privacy, home or correspondence, nor to unlawful attacks on his honour or reputation

2. Everyone has the right to the protection of the law against such interference or attack”

Article 17, International Covenant on Civil and Political Rights, 1976

Transitional settlement and reconstruction form thefoundations to the protection of families and communitiesimpacted by conflict and natural disaster

unhchr.ch



#2 Voluntary displacement

“States should ensure that secondary occupants are protected against arbitrary or unlawful forced eviction. States shall ensure, in cases where evictions of such occupants are deemed justifiable and unavoidable for the purposes of housing, land and property restitution, that evictions are carried out in a manner that I compatible with international human rights law and standards, such that secondary occupants are afforded safeguards of due process, including an opportunity for genuine consultation, adequate and reasonable notice, and the provision of legal remedies, including opportunities for legal redress.”

Para 17.1, Pinheiro Principles, 2005

In each transitional settlement option, from host families to camps, both refugees and IDPs must be protected from being forcibly displaced again

cohre.org

Transitional settlement: displaced populations (Corsellis and Vitale, 2005)



#2 Voluntary displacement: right to return

“All refugees and displaced persons have the right to return voluntarily to their former homes, lands or places of habitual residence, in safety and dignity. Voluntary return in safety and dignity must be based on a free, informed, individual choice. Refugees and displaced persons should be provided with complete, objective, up-to-date, and accurate information, including on physical, material and legal safety issues in countries or places of origin.”


Displaced populations have the right to return to their homesand must be offered timely and appropriate information on their settlement options

cohre.org



#2 Voluntary displacement: not to return

“Refugees and displaced persons shall not be forced, or otherwise coerced, either directly or indirectly, to return to their former homes, lands or places of habitual residence. Refugees anddisplaced persons should be able to effectively pursue durable solutions to displacement other than return, if they so wish, without prejudicing their right to the restitution of their housing, landand property.”


Return must be voluntary. Resettlement should besupported, where agreed. Displaced populations should notbe forced to return.

cohre.org



#3 Support alternative options

“In cases where evictions of secondary occupants are justifiable and unavoidable, States should take positive measures to protect those who do not have the means to access any other adequate housing other than that which they are currently occupying from homelessness and other violations of their right to adequate housing. States should undertake to identify and provide alternative housing and/or land for such occupants, including on a temporary basis, as a means of facilitating the timely restitution of refugee and displaced persons’ housing, land and property. Lack of such alternatives, however, should not unnecessarily delay the implementation and enforcement of decisions by relevant bodies regarding housing, land and property restitution.”


If a transitional settlement option selected by refugees orIDPs is not supported, for example, because it is hazardous,alternative options must be identified

cohre.org



#4 Movement between options

“Everyone has the right to freedom of movement and the right to choose his or her residence. No one shall be arbitrarily or unlawfully forced to remain within a certain territory, area or region. Similarly, no one shall be arbitrarily or unlawfully forced to leave a certainterritory, area or region.”


Over the period of return, affected families have the right to move to different transitional settlement and reconstruction options. They should not be penalized in any way for moving, and instead should be supported in their choices

See sessions ‘transitional settlement options’ and `transitional reconstruction options’

cohre.org



#5 Property restored

“All refugees and displaced persons have the right to have restored to them any housing, land and/or property of which they were arbitrarily or unlawfully deprived, or to be compensatedfor any housing, land and/or property that is factually impossible to restore as determined by an independent, impartial tribunal.”


Transitional reconstruction support to each affected familymust be decided in a transparent manner, with an appeals procedure

Affected families qualify for restitution support even if reconstruction cannot occur on the original site, forexample the site is hazardous

cohre.org

Transitional settlement and reconstruction after natural disasters (United Nations, 2008)



#5 Property restored: protection

“Forced displacement often leads to the loss of land, homes andother property with serious consequences for individuals and communities, who as a result are deprived of their main source of physical and economic security...It is important that efforts to address deprivation of land and property form part of the protection response during all stages of displacement.”

Handbook for the Protection of Internally Displaced Persons, 2007

Displacement can be a cause of deprivation of land, homesand other property. Efforts must be taken to address landrights as part of the protection of those who are indisplacement

cohre.org

Handbook for the Protection of Internally Displaced Persons (Global Protection Cluster Working Group, 2007)



#5 Property restored: support for tenants

“States should ensure that users of housing, land and/or property, including tenants, have the right to participate in the restitution claims process, including through the filing of collective restitution claims.”


States should ensure that the rights of tenants, social-occupancy rights holders and other legitimate occupants or users of housing, land and property are recognized within restitution programmes. To the maximum extent possible, States should ensure that such persons are able to return to and repossess and use their housing, land and property in a similar manner to those possessing formal ownership rights.”


Restitution support packages must be developed for transitional reconstruction options without full title to landand property, for example those renting

cohre.org

See session ‘transitional reconstruction options’



#6 Participation

“States and other involved international and national actors should ensure that voluntary repatriation and housing, land and property restitution programmes are carried out with adequate consultation and participation with the affected persons, groups and communities.”


The design of all aspects of transitional reconstruction must express the needs of affected families and communities, through engaging them proactively in participation

See session ‘participation’

cohre.org



#7 Vulnerable minority groups

“States and other involved international and national actors should, in particular, ensure that women, indigenous peoples, racial and ethnic minorities, the elderly, the disabled and children are adequately represented and included in restitution decision-making processes, and have the appropriate means and information to participate effectively. The needs of vulnerableindividuals including the elderly, single female heads of households, separated and unaccompanied children, and the disabled should be given particular attention.”


Special attention must be given to vulnerable minority groups

Handbook for Emergencies (UNHCR, 2007)

cohre.org



“States should adopt positive measures aimed at alleviating the situation of refugees and displaced persons living in inadequate housing.”


Governments are responsible for the transitional settlement of displaced populations regardless of the options they choose, for example whether affected families are living inhost families or camps

#8 Government responsibilitycohre.org



#8 Government responsibility: cadastres

“States should establish or re-establish national multipurpose cadastral or other appropriate systems for the registration of housing, land and property rights as an integral component of any restitution programme, respecting the rights of refugees and displaced persons when doing so.


“States should ensure that any judicial, quasi-judicial, administrative or customary pronouncement regarding the rightful ownership of, or rights to, housing, land and/or property is accompanied by measures to ensure registration or demarcation of that housing, land and/or property as is necessary to ensure legal security of tenure. These determinations shall comply with international human rights, refugee and humanitarian law and related standards, including the right to be protected from discrimination.


Government is responsible for establishing and maintaining systems for recording title over land, land rights and land use

cohre.org



“States should seek to establish restitution claims-processing centres and offices throughout affected areas where potential claimants currently reside.”


“States should develop restitution claims forms that are simple and easy to understand and use and make them available in the main language or languages of the groups affected. Competent assistance should be made available to help persons complete and file any necessary restitution claims forms, and such assistance should be provided in a manner that is age and gender sensitive.”


It is the responsibility of government to establishand maintain procedures for displaced populations to claim restitution, including ensuring that affected families have adequate access to claims centres and can understand and use the procedures

#8 Government responsibility: systemscohre.org



#9 Role of humanitarian community

“The international community should promote and protect the right to housing, land and property restitution, as well as the right to voluntary return in safety and dignity.”


“International organizations should work with national Governments and share expertise on the development of national housing, land and property restitution policies and programmes and help ensure their compatibility with international human rights, refugee and humanitarian law and related standards. International organizations should also support the monitoring of their implementation.”


The international community must offer support to the government in its responsibilities with expert technical guidance and capacity. When absolutely necessary, and only upon specific request, the international community may take on some responsibilities

cohre.org



Discussion

In groups, agree a case study operational that one of your has been involved with, select a transitional reconstruction option, and play the role of an affected person

What are your rights?

What are your needs?

How can governments and humanitarian agencies provide appropriate support?

Discussionin groups

Occupant with no legal status

House tenant

Apartment tenant

Land tenant

Apartment owner-occupier

House owner-occupier



Summary

This session covered the following key learning points:



Documents

IFRC Shelter Technical Training Yverdon-Les-Bains, Switzerland | 3 rd – 7 th March 2008 Beneficiary identification and land rights This session looks at