Training of Humanitarian Actors on Protection & Restitution of Housing, Land and Property Rights of Displaced and indigenous Population

Summarized training reports on “Training of Humanitarian Actors on Protection & Restitution of Housing, Land and Property Rights of Displaced Population in Douala, Cameroon by Norwegian Refugee Council 21st – 22nd June 2023” within the program – Information Counseling and Legal Assistance (ICLA) for displaced population in Cameroon Presented by; EBONG Lovert EWANG Projects Officer Youth Actions for Development Foundation – YADEF lovert.ebong@yadef.org Photo Credit: NRC Buea Housing Land and Property (HLP) is a key aspect of development which States of respective Countries have the responsibility to protect. Globally, HLP is a big concern for displaced population (refugees & IDPs) considering its significance in the protection of displaced population and the role of HLP in poverty alleviation. The simple fact is that these HLP rights of displaced populations are usually violated by private individuals and the States hosting refugees and IDPs. Considering the sensitivity of these rights for displaced populations in Cameroon, NRC is taking the lead and mobilizing other vibrant grass root organizations championing like YADEF key protections concerns for women, girls and displaced populations especially within the context of the ongoing armed conflict in the North West & South West regions of Cameroon. It should be noted that from 2016, gross violations of HLP rights of women, girls & displaced population has been occurring in the South West and North West regions of Cameroon. From burning of houses and properties to looting of valuables and the most worrying aspect of the whole situation is that many persons/returnees have already lost properties and assets worth millions and others stand greater chances of losing their lands and properties upon return to their place of origin. This is why people centered organizations like YADEF are calling for ‘Restitution’ as the best sustainable solution to HLP plights for areas affected by conflicts. In the South West region of Cameroon, climate change effects are also worsening the situation as many persons have lost life and many homes and houses with properties destroyed. Throughout 2022 extending to the first and second quarters of 2023, areas like Buea, Tiko, Mutengene, Limbe and the Littoral regions have witnessed extreme climate and environmental situations causing floods with massive damage and displacement. All these environmental shocks and conflicts increase vulnerability of women, girls, and households including protection needs of displaced people. However, the recommendations are that humanitarian actors should be uphold ‘due diligence’ to avoid conflicting tendencies especially in conflict situations. HLP violations affect vulnerable population; women, girls, children and displaced populations the most as several cases have been documented in the South West and North West regions of Cameroon. This is because within the context of the crisis in NWSW Regions of Cameroon, displaced people cannot afford adequate houses and therefore turn to locate in unhealthy, unprotected homes, slums and outdated houses constructed years ago. Some even locate in areas very prone to floods as these area offer houses less expensive within the financial limits of IDPs. Other reports have also documented many cases of tenant rights being violated by Landlords. With the massive influx of IDPs looking houses, incidents were recorded in areas like Melong, Sanchou, etc where Landlords saw the consistent increase of IDPs as an opportunity to make wealth. As such, may even rented out houses which were previously used to rear animals like chicken, pigs without even proper maintenance. In all these situations, the houses were ‘inadequate’ because even the minimum conditions were not met and this exposes IDPs to more protection issues like theft, rape, looting, kidnapping etc. HLP is also a very key development issue not just for Cameroon for every developing and even developed economies globally. Another very urgent HLP concern in the South West region of Cameroon is the government plans to rehabilitate and extend the Tiko Airport and the construction of the Limbe deep Seaport. These are all upcoming development projects by the government which YADEF has identified to be factors which cause massive displacement of households, families and destruction of agricultural land and livelihoods, businesses, institutions of all kind of thousands of people in the South West region of Cameroon. YADEF Team led by the Legal Affairs Officer and a host of HLP and Protection staff and volunteers started an assessment of the affected area of the Tiko Airport around Likombe and the indicators sound very negative for the population. This report is still being developed and will be published at YADEF website once it is ready. After this, YADEF Team will be moving to Limbe to assess the area to be affected by the Limbe Deep Seaport. All these are just some of the identified HLP concerns which YADEF is targeting and are objective is to ensure durable solutions for IDPs and displaced people in Cameroon. YADEF is greatly thankful and appreciates Norwegian Refugee Council (NRC) Cameroon Buea for the opportunity to build her capacity in responding to and championing the promoting, respect and advancement of HLP rights of displaced population in the NWSW Regions of Cameroon. However, the limiting factor now is funding to provide holistic response for IDPs and reduce vulnerability. YADEF since 2022 have been promoting HLP rights of women, girls and displaced population in NWSW Cameroon. Housing For housing to be considered adequate, the following conditions should be fulfilled; • Legal security of tenure • Availability of services (schools, hospitals, water, clean & friendly environment etc.) • Affordability • Habitability (services, ventilation, toilets, etc.) • Accessibility ((location, security, etc.) • Location (is it hostile?, stable: etc.) • Cultural adequacy – always consider the cultural consideration for specific context based on the cultural realities for that place. For example if houses are being constructed using grasses/leaves, then such a house will be adequate in that context It should be noted that all the above and even more should be present before a house can be considered “adequate” Land Access to land still remains a major problem liming the empowerment and development of women and girls in Cameroon including inheritance rights. In Cameroon major issues on land for displaced and vulnerable population include; • Land grabbing • Encroachment • Double selling • Forceful eviction The three (3) main rights to land include; • Rights to control • Rights to transfer ( a lot of issues come up here in different context but many issues rise up especially in crisis affected areas in transferring – e.g selling the land or transferring ownership • Rights to use Property • Real property • Personal property • Possessory rights – physical occupation of a property – rights you have after using a particular property for a certain period of time (1972 land ordinance) HLP Concerns in Littoral Douala • Discrimination on basis of gender, sex, religion, cultural issues • Administrative long red taps for access ownership rights • Cost of housing • Landlords renting out houses without social amenities – water electricity, toilets or joint usage of these services with IDPs or displaced population. Reports by YADEF has shown how Landlords in Littoral e.g Melong, Loum, Manjo, Nkongsamba etc rents houses saw the massive search of houses by IDPs from the NWSW Regions of Cameroon. Some transforms houses which were use for rearing of animals to rent out to IDPs. These houses in most of the cases lacked the qualities of adequate housing • Forced eviction etc. Why should we address HLP CONCERNS? • To maintain peace • To reduce vulnerability of displaced population • Issues of land can breeds future conflicts at local or regional context • To increase safety, protection and dignity of displaced population Key HLP take-home • “In situations where development will benefit the entire population, individual(s) should shift their interest” • Holistic environmental impact assessments should be conducted before any community land is being confiscated and use for a particular purpose • Compensation over land which has been use for development projects depends on the donor of the project, the project itself. However, there is an instrument which defines the minimum package and we are calling on the government of Cameroon to ensure reinforcement of the respect of these minimum package • When the security in the area of origin for displaced people is not safe or stable, displaced population have little or no incentives for return Key Instruments on HLP Rights • Universal declaration of Human Rights 1948 Art 25 • International Covenant on economic and socio-cultural rights 1966 Consideration for forced eviction The following should be taken into consideration for eviction; • Substantive justification for eviction • Due process • Alternative housing Other Key highlights Women and Housing Land & Property (HLP) Rights • Participants raised some key issues and discrimination of land ownership for women. Some examples of people of region with discrimination on HLP rights included; the West region, Kom, Nso (only use rights), Awing (women cannot inherit). Still in Nso, since women have only right to use over land, women in this community can cultivate only food crops meanwhile them cultivate cash crops • In terms of whom is a better manager of properties, participants proposed women should be given the full rights (control, use & transfer). However, some participants said women should be submissive but not up to the point as slaves for men. However, it was accepted that women can better manage resources; including properties. Therefore, if women have all the rights to land they will use this to improve the wellbeing and development of the family, households and society. • Participants were sub-divided into three (3) groups of shelter & education, food security and legal aid. Here, groups identified key challenges faced by women and girls in these respective areas. The sub-group for education identified major challenges for shelter such as poor state/inadequate housing, conflicts between landlords & tenants regarding overcrowding in houses, insecurity and harassments in homes etc. For education, access to education is challenging as many displaced people lack finance to enroll children, lack of civil documentation for registration into schools and official exams, gender discrimination on females to enroll into school within host communities, language challenges for children residing in Littoral etc. However, the solution was that timely holistic support should be provided including advocacy and sensitization • The group of legal aid raised very vital challenges faced by women and girls in the domain of HLP. Key amongst the highlights was ignorance by women, discriminatory customs & traditions including no inherence rights for women, land grabbing without substantial compensation (by administrators, influential actors, destruction of properties (crops, small business etc). on a general scale, the presenters highlight of the complicated nature of the legal system of Cameroon and the whole process unfavours women & girls. However, a very strategic advocacy was suggested, capacity building of women, sensitization, comprehensive legal aid, referral pathway, law enforcement and justice for women • For food security, the presenters enlightened the participants of the role of food security on the health and wellbeing of women, girls and all displaced population. The specifically made disaggregation into urban, per-urban and rural and further classified the presentation under strength, weaknesses, opportunities and threads. In the urban sector, the presenters linked food security with WASH – ensuring healthy food for the population. It was then identified that women in urban areas lack access to land for agricultural entrepreneurship initiatives. However, food is made available everywhere but displaced people cannot buy due to lack of income. The presenters also raised a key point on food security and health – highlighting that the environmental concerns and display of food stuffs in urban market is very poor. Waste disposal is done very close to markets and sales point compromising the security of the food. In summary, food is available in urban areas but very high risk for displaced people. In addition, storage of food urban markets is also a big concern especially in flooded markets. Meanwhile in the rural sector, land is available to some women (specifically for use) but they lack the capacity to produce high yields for home consumption and to sell and have income. However, they are closer to nature and consumption of home produced food stuffs. All in all the climate shocks were identified as very challenging to the food security sector for both urban and rural areas. With the case like Douala, storage is a huge challenge; limited space to respond to heavy & emergency rains. Therefore, the presenter suggested for necessary support in the food security by various actors. HLP and Durable Solution • This presenter enlightened participants on durable solutions as applied to IDPs & refugees. With durable solutions, the participants were made to understand this for IDPs & refugee – bringing out concerns for integrating these persons, respecting their rights or activating their return to the place of origin (crisis or disaster zone) if circumstances permit He mentioned that refugees enjoying durable solutions should be protected integrated economically, socially, economically and otherwise in the country of host and if not they should return to their respective place of origin or to resettle them to location where they can be integrated and their rights protected. Restitution • The presenter highlighted that this is the best way to handle HLP concerns for countries affected by crisis. However, achieving this was regarded as very difficult and the pre-crisis existing conditions are difficult to access so that restitution can be done effectively HLP AoR in Littoral & West Regions • The Facilitator presented and drilled partners on HLP AoR and its activation in the Littoral and West Regions of Cameroon including its contribution as ensuring protection of displaced population. • Participants raised issues of INGOs dominating all programming in the country considering that they have the resources leaving behind the local NGOs. They also raised issues of INGOs funding projects only for only a few selected local NGOs flooding them with projects. However, the Facilitator enlightened partners on a many concerns and emphasized on the idea of localization and how this is intending to bring local NGOs on board. He also touched some of the limitations and practices of local NGOs reducing their visibility to donors within the country. In summary, the Facilitator advised local partners to build their capacities, connect with other development partners (nationally and internationally) using various platforms. More presence online and most importantly, jon humanitarian coordination platforms in their respect areas of response. This is because humanitarian response is effectively delivered when it is well coordinated with all partners. However, coordination is not an end by itself but just a means to contribute to an end. • Tenancy agreements; domestication of animals very close to rented house, cleaning of the environment (nuisance issues). These agreements in some case do not clearly spell out all the conditions and circumstances for the house and even of they do, displaced population because of their vulnerability and characteristics stand greater chances to violate them. The fact is that rules can be violated by one party or both parties. But then when it comes to the tenant that is when more concerns are being laid by landlords and the root of many social problems Now in a crisis situation, there is a portfolio of factors which will put the tenant in a position of being more likely to violate but unintended (due to the situation they find themselves). For example, displaced people are not economically strong and you will usually find very large household size with challenging hygiene conditions for children difficult to manage. Now, the more persons in a house, the more landlords speculate increase in utilities (water, electricity). Also lack of livelihoods for IDPs makes them violate the agreement because in most cases they cannot afford rents. This makes landlords firstly very violent towards tenants and therefore any mistake from the tenant is usually a an incentive for violence. Writer’s Recommendations • Advocating for the reinforcement of the 1974 ordinance on ownership of properties in Cameron • Reinforcement of the transparency of the legal systems in handling issues of housing land and property • Urgent advocacy to increase respect of the HLP Rights especially for conflict affected regions of Cameroon • Respect and reinforcement of Article 17 of the Universal Declaration of Human Rights, convention de 1952 aux refugees, Article 14 of the African Charter for Human and People’s Rights • Life-saving support for displaced population • Call for peaceful resolution to all HLP issues All in all, the training ended well with partners satisfied. NRC thanked partners for their wonderful contribution and waiting to see partners commitment in the HLP AoR for Littoral and West Regions for a more comprehensive response for vulnerable population especially IDPs or refugees. However, NRC reiterated on the urgency for partners to respond to the HLP needs of displaced population in Littoral and West Regions. YADEF is committing to ending the HLP plights which IDPs face in areas line Melong, Loum, Nkongsamba, Manjo etc. However, support form partners and other entities will help us achieve this and create meaningful impact in the life of vulnerable communities. Reference • Guiding Principles on Internal Displacement – United Nations Publication E/CN.4/1998/53/Add.2 OCHA/IDP/2004/01 • “The Pinheiro Principles” – the United Nations Principles on Housing & Property Restitution for Refugees and Displaced Persons – Center on Housing Rights and Eviction www.cohre.org • PowerPoint Presentation, NRC At the end the training, the following objectives were achieved;  Ways of addressing HLP during and after displacement were described  Discussions were made on the specific HLP challenges encountered in urban contexts  Causes of HLP disputes were considered and ways to address them  How women’s rights can be promoted in HLP were also discussed and considered  Participants Mastered the Centrality of Protection and Mainstream protection in all sectors of humanitarian response NRC POWERPOINT PRESENTATION The following content is copied from the presentations of NRC in the training. YADEF is publishing this in her website for many audiences to read and build their capacity on HLP. And at the end use this knowledge to improve the situation of displaced population in Cameroon. Housing Land & Property (HLP)  HLP refers to the different rights persons have over Housing, Land and Property.  HLP includes a variety of access rights to land not just private property  HLP refers to owners, tenants, cooperative dwellers, customary land tenure owners and users, informal sector dwellers and squatters without secure tenure  HLP rights include a range of statutory and customary rights relating to the right to use, control, transfer and enjoyment of HLP assets  HLP rights can be acquired through sale, inheritance, gift, grant, adverse possession, and customary use rights What are Housing Rights? • Universally recognized human rights (UDHR 1948) • Components of the right to an adequate standard of living • Housing provides security and protection, privacy & personal space;  a gathering point for nurturing relationships;  An economic center for commercial activities Much more than just walls and a roof over one’s head! ICESCR General Comment 4: adequate housing:  Legal security of tenure  Availability of services, materials, facilities and infrastructure  Affordability  Habitability  Accessibility  Location  Cultural adequacy What are land rights? • Rights held to land and other natural resources • More than one person can hold rights to the same parcel of land • There are 3 categories of land rights:  Use right  Control right  Transfer right What are property rights?  Property: any external thing over which the rights of possession, use and enjoyment are exercised  There are two kinds of property:  Real property (land or anything attached to it)  Personal property (moveable things)  Private property: held by a private party  Possessory rights: rights that accrue from physically occupying a land parcel or a house Legal pluralism in land tenure system  The co-existence of different land tenure systems within a country, each with their own legal framework, legal authority over rights and legitimacy to resolve disputes  Example: statutory and customary / traditional Statutory land tenure system  State legislation and institutions governing land and natural resource rights within national boundaries  Common types of statutory land tenure include freehold, leasehold, public and private rental, and cooperatives  Land disputes are usually resolved in a court of law Customary land tenure system  Regulate people’s right to enjoy the use of land arising from customary practice  Derive from authorities such as a community, ethnic group or family  Often unwritten rules  Often include forms of community land rights, pastoralist rights, resource access, and use rights  Land disputes are addressed by leaders Access to land: The ability to use, control and transfer land and other natural resources  Land tenure:  The way in which individuals or groups relate to land and its resources  Rights, rules, authorities and institutions that govern access to and control over land.  Four Types of land tenure:  Private  Communal or collective  Open access  State or public  Security of tenure: The right of all individuals to have guaranteed legal protection against forced eviction, harassment and other threats NB: Security of tenure cuts across housing, land and property rights  Land administration: The way in which the rules of land tenure are applied and made operational  Land management: The way in which land and natural resources are used  Land registration: The process of recording HLP rights in a public register  Encroachment: The illegal occupation/use of land owned by someone else  Secondary occupation: The residence in a home/land after the legitimate owners/users have fled Why is it important to address HLP? • Centrality of land and housing in many humanitarian crisis • Land and natural resources underpin most conflicts. • Humanitarian responses have an impact on land tenure in urban and rural areas. • HLP assets can provide food and shelter. • The resolution of HLP disputes can contribute to peace processes. • Land is fundamental for poverty reduction and development. • Preserve cultural identity The HLP International Legal Framework and Principles Background on Human Rights  Covenants, Conventions, Treaties and Protocol: Legally binding on the countries that have signed and ratified them (strongest instruments) • General Comments used to guide • Resolutions (UN) not legally binding per se (except those of Security Council)  Declarations and Recommendations not legally binding (NB: Universal Declaration of Human Rights is somewhat binding) HLP international legal framework  Housing rights  Land rights  Property rights  Women’s HLP rights à National laws are most powerful instruments Housing rights  Universal Declaration on Human Rights (UDHR) 1948: Art.25 “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing…”  International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966: “recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing”  ICESCR General Comment 4: adequate housing: 1. Legal security of tenure 2. Availability of services, materials, facilities and infrastructure 3. Affordability 4. Habitability 5. Accessibility 6. Location 7. Cultural adequacy ICESCR General Comment 7: Forced eviction: Temporary or permanent removal against their will of persons from the homes or lands they occupy without the provision of / access to legal protection Violation of human rights International human rights law requirements for evictions  Substantive justification  Consultation on alternatives  Due process  Right to alternative accommodation  Non-discrimination.  1951 REFUGEE CONVENTION Article 21  Contracting States have to guarantee to refugees lawfully staying in their territory with regard to housing treatment as favourable as possible (and in any event, not less favourable than that granted to aliens) The right to adequate housing does not imply that:  The state is required to build houses for the entire population free of charge  That housing rights will manifest themselves in the same way in all locations. àhowever, the State has the duty to create conditions so that all residents can enjoy the right to adequate housing within the shortest possible timeframe LAND RIGHTS  Land rights are not specifically defined in international law  Land rights can be derived from many human rights  Indigenous and Tribal peoples Convention (ILO Convention 169): Recognizes the right of indigenous and tribal peoples to make their own decisions regarding the land they occupy and use)  (Not ratified by Cameroon)  Women: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (explicitly protects women from discrimination with respect to matters relating to HLP) PROPERTY RIGHTS UDHR, Article 17:  “Everyone has the right to own property alone as well as in association with others.  No one shall be arbitrarily deprived of his property”.  Controversies:  UDHR is “soft law” but widely recognised and accepted  Very little jurisprudence under international law  Interpretations of property rights are linked to models of economic development rather than as human rights 1951 Refugee Convention  Article 13 states that Contracting States have to accord to refugees a treatment as favorable as possible (and in any event, not less favorable than that accorded to aliens) with regard to the acquisition of movable, immovable property and other rights pertaining to lease and other contracts related to the properties  Regional Instruments  Article 14 of The African Charter on Human and Peoples’ Rights “the right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.” CUSTOMARY HLP RIGHTS  Regional Instruments Covering Customary HLP Rights The Great Lakes Protocol  recognises and protects statutory and customary HLP rights and protection of HLP assets during conflicts.  Signatory States are encouraged to establish property registration schemes under which title to property, held under both customary and statutory land tenure systems, will be recognised.  Requires States to give special attention to HLP claims made by women, children and communities with special attachment to land The Kampala Convention on IDPs establishes that member States should: Protect communities with special attachment to, and dependency, on land due to their particular culture and spiritual values from being displaced from such lands, except for compelling and overriding public interest (Art. 4.5) Restore land to the communities upon their return, reintegration, and reinsertion (Art. 11.5) PROPERTY RIGHTS  Regional Instruments  UN Principles on Housing and Property Restitution for Refugees and Displaced Persons – The Pinheiro Principles  broadened the scope of restitution from “property and possession” to “housing, land and property”, a term meant to protect tenancy rights and encompass interests in land and housing not based on title and agreement.  Principle 2. The right to housing and property restitution WOMEN’S RIGHTS  UDHR contains a number of provisions which support women’s claim to land, housing and property as human rights  International Covenant on Civil and Political Rights (ICCPR) Art. 17 protects women’s rights to be free from discrimination with respect to HLP  ICCPR General comment 28 on the equality of rights between men and women:  Non-restriction of women’s rights to own property on the basis of marital status or other discriminatory grounds.  equal rights and obligations for both spouses with regard to the ownership or administration of property (including inheritance)  Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):  explicitly protects women from discrimination with respect to matters relating to HLP  Same rights for both spouses in respect of ownership, acquisition, management, administration, enjoyment/disposition of property HLP DURING INTERNAL DISPLACEMENT Guiding Principles on Internal Displacement: not legally binding, but based on binding international law. HLP rights are dealt with directly in four key provisions:  Principle 9 on the prevention of displacement  Principle 18 on adequate housing  Principle 21 on protection during displacement  Principle 29 on return, resettlement and local integration  Guiding Principle no. 9 “States are under a particular obligation to protect against the displacement of indigenous peoples, minorities, peasants, pastoralists and other groups with a special dependency on and attachment to their lands.”  GuidingPrinciple 18:  All internally displaced persons have the right to an adequate standard of living.  At the minimum, competent authorities shall provide IDPs with and ensure safe access to basic shelter and housing  International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 11 (1)  Adequate housing  Guiding Principle no. 21  No one shall be arbitrarily deprived of property/possessions.  The property/possessions of IDPs shall in all circumstances be protected; in particular, against pillage, attacks or violence, being used to shield military operations or object of reprisal, and being destroyed as a form of collective punishment.  Property and possessions left behind by IDPs should be protected against destruction and arbitrary and illegal appropriation, occupation or use. GROUP EXERCISE HLP CHALLENGES WOMEN’S HLP RIGHTS Upholding Women’s Rights National Legal Instruments  The 1996 Constitution as amended  Civil Status Ordinance – 1981 International Legal Instruments  UDHR – 1948  ICCPR – 1966  ICESCR – 1966  CEDAW – 1979  ACHPR – 1981 Checks on Customary Law The1996 Constitution as amended Preamble: para 4  Makes reference to non-discrimination based on race, religion, Sex and belief Preamble: para 5  “…The People of Cameroon affirm our attachment to the fundamental freedoms enshrined in the UDHR, the Charter of the UN, the ACHPR and all duly ratified international conventions relating thereto…” Article 1(2)  …Shall recognize and protect traditional values that conform to democratic principles, human rights and the law  Guards against discrimination based on customs and tradition Southern Cameroons High Court Law (SCHCL) 1955 Sec. 27(1) prescribes the Repugnancy and Incompatibility test of traditional law Guards against discrimination based on customs and tradition HLP IN URBAN AREAS  The global population may increase from about 6.8 billion in 2009 to about 9.1 billion by 2050 – most growth will take place in urban areas.  In 2001 31% of the world’s urban population, lived in informal settlements. Slum dwellers account for 43% of the urban population in developing countries.  In 2001, Asia, Africa and Latin America accounted for 94% of the world’s slum dwellers.  MDG Target 7d requires States to “achieve significant improvement in lives of at least 100 million slum dwellers, by 2020”.  100 million = 10% of the world’s current slum population IDPS & REFUGEES IN URBAN AREAS  UNHCR estimates that almost half of the world’s 10.5 million refugees live in urban areas, compared to one-third who live in camps.  Internal Displacement Monitoring Centre (IDMC) estimates that there are at least 48 countries with IDPs residing in urban environment  Refugees and IDPs face the same challenges as urban poor and are often discriminated against  Slum/informal settlement: residential formation characterised to some extent by:  Lack of basic infrastructure  Inadequate access to water and sanitation  Poor structural quality of housing  Overcrowding  Insecure residential status à Slums are not homogeneous  Squatter/illegal occupant: usually someone who occupies a vacant (private/public) land or an unoccupied premises (private/public) without a legal right to the land/premises.  Protection from forced eviction only  Can obtain land rights only through government’s land proclamation, land reforms, resettlements and adverse possession (depending on national laws)  Forced eviction: temporary or permanent removal against their will of persons from the homes or lands they occupy without the provision of / access to legal protection  Violation of human rights  International human rights law requirements for evictions  Substantive justification  Consultation on alternatives  Due process  Right to alternative accommodation  Non-discrimination.  Evictions are often carried out by the State as a result of development projects, transport schemes, slum up-grading, beautification, prestigious events like Olympics.  IDPs/refugees in urban areas are entitled to the same HLP rights that IDPs/refugees enjoy in organised camps:  The right to adequate housing  The ability to gain residency rights and obtain documentation  Protection from refoulement, eviction and harassment  The right to freedom of movement and protection of family unity  Access to livelihoods and labour markets  Protection from exploitative treatment by landlords  The right to enjoy harmonious relationships with host populations  Humanitarian organizations can intervene at different levels depending on their mandate ADDRESSING HLP DISPUTES  Differences over HLP emerge and become disputes usually due to:  Scarcity of land  Unequal distribution of land and weak governance structures:  Insecurity of tenure  Unresolved festering grievances over land and property  Land grabbing  Land reforms and privatization  Differences over HLP emerge and become disputes usually due to:  Social tensions over land ownership and use  Natural resources  Population displacement:  HLP disputes are dynamic and usually:  Multifaceted and multidimensional  Linked to their historical, social, environmental, economic and political contexts  nested within larger conflicts  Temporal, changing over time  Land disputes can be categorized by factors such as by:  The type of land involved: private or public  The parties involved: individuals, families, communities, clans, ethnic groups, etc.  The scale of the dispute  The issues in the dispute  Boundary disputes  Ownership disputes  Occupancy disputes  Access and use disputes  Inheritance disputes IMPORTANCE OF RESOLVING HLP DISPUTES  To meet emergency humanitarian needs  contributing to longer-term social, economic and political stability  Ensure access to land and security of tenure/reduce fears of harassment and arbitrary eviction  Contribute to durable solutions for IDPs and Returnees  Ensure food production and prevent food insecurity  Ensure adequate housing and access to essential services  Promote peace building and social cohesion  Ensure restitution and promote the rule of law DIPUTE RESOLUTION APPROACHES There are 3 main types of dispute resolution:  Adversarial (non- consensual)  Collaborative (consensual): Alternative Dispute Resolution (ADR)  A mix of the above: E.g. Customary or traditional dispute resolution, which includes also faith-based dispute resolution 1. ADVERSARIAL, FORMAL OR NON-CONSENSUAL Typical of formal justice systems Based on the assumption that disputing parties cannot resolve a problem on their own, hence need assistance from an authoritative 3rd party TYPES OF ADVERSARIAL Adjudication:  A very common former dispute resolution method involving litigation in a court of law  parties receive a binding decision by judge (“win-lose decision”)  Advantages: procedural rules are usually designed to ensure a fair trial.  Disadvantages: complex, rigid, lengthy and costly Administrative system: e.g. Land/Property Commission (“quasi judicial systems”) especially in situation of mass claims 2. COLLABORATIVE ALTERNATIVE DISPUTE RESOLUTION (ADR) procedures Informal dispute resolution process Non-adversarial procedures Include consensus-building processes Advantages: “win-win solution”, promotes peace and social-reconciliation, flexible Disadvantages: May not deter others from engaging in unlawful behaviour; “settlement” does not necessarily mean “justice” to the aggrieved party 3 most common types: mediation, negotiation and arbitration 2.1 MEDIATION Impartial and neutral third party(“mediator”) facilitates a negotiation between the disputants The mediator has no decision-making authority (but can suggest substantive options) Flexible and easily adaptable to all types of cases 2.2 NEGOTIATION Any form of communication between two or more people for the purpose of arriving at a mutually agreeable solution Disputants may represent themselves or use agent, lawyer or family member Decision-making authority lies directly with the parties 2.3 ARBITRATION Private and voluntary dispute resolution process  A neutral and impartial third party renders a decision (“award”) based on the merits of the case  Parties have some control over the process  Binding arbitration (very close to adjudication)  Non-binding arbitration CUSTOMARY OR TRADITIONAL  Variety of forms; more common in rural areas  Often contains elements of arbitration, mediation and conciliation  Process is embedded in community’s culture  Decision-making process varies: elements of litigation and ADR  Advantages: credited with legitimacy by community, accessible, cost-effective, inclusive, process-oriented  Disadvantages: non-compliance with international standards (excluding women and outsiders), limited geographic coverage, lack of transparency and corruption Faith-based dispute resolution  Some societies make reference to religious principles (e.g. reconciliation and forgiveness)  In some societies religiously-based values are directly included in customary/statutory law (e.g. family law)  Religious law may take place of civil law: (e.g. in some Muslim-majority countries, dispute resolution significantly based on shari’a law) HLP & DURABLE SOLUTION  A durable solution for IDPs is achieved when IDPs no longer have assistance/protection needs that are linked to their displacement and can enjoy their human rights without discrimination resulting from their displacement  Enjoyment of HLP rights is key to the achievement of durable solutions. Durable solutions for refugees are lasting solutions through:  Local integration in the country of asylum  Voluntary repatriation to the country of origin  Resettlement to a third country. Enjoyment of HLP rights is key to the achievement of durable solutions GUIDING PRINCIPLE 28  Guarantees a voluntary choice between the durable solutions of:  Return to the place of former residence  Local integration at the site of displacement  Resettlement to a third location within the country GUIDING PRINCIPLE 29  No discrimination against IDPs who return home or resettle  Authorities have the responsibility to assist returned/resettled IDPs to recover the property/possessions they left behind. If not possible, authorities shall provide compensation or another form of reparation  The preferred legal remedy for displacement is restitution PINHEIRO PRINCIPLES – PRINCIPLE 2  Broadened the scope of restitution as defined in the Guiding Principles from “property and possession” to “housing, land and property”  protects tenancy rights  encompasses interests in land and housing not based on formal title  applies to IDPs and refugees RESTITUTION/COMPENSATION  Restitution: preferred remedy  Redresses the wrong done (by recreating the original pre-conflict situation)  Facilitates return and reintegration in the area of origin  However sometimes it is impracticable and compensation is more appropriate.  Compensation is appropriate when:  Restoration of housing, land or property is impossible  Those possessing restitution rights prefer compensation HLP AFTER DISPLACEMENT  Guiding Principle no. 29  No discrimination again IDPs who return home or resettle  Authorities have the responsibility to assist returned/resettled IDPs to recover the property/possessions they left behind. If not possible, authorities shall provide compensation or another form of reparation  The preferred legal remedy for displacement is restitution Pinheiro Principle no. 2 broadened the scope of restitution as defined in the Guiding Principles from “property and possession” to “housing, land and property”  encompasses interests in land and housing not based on formal title  applies to IDPs and refugees Thank you all but then any support to us (financial, material or technically) will go a long way to promoting HLP rights of displaced population in Cameroon. YADEF provides emergency support to IDPs in the North West & South West Region of Cameroon and are programming targets vulnerable persons through provision of basic and fundamental needs like food, shelter, education, health, human rights and protection etc. kindly reach out to us at info@yadef.org or visit our website vai www.yadef.org