03.01.2015 Views

Download PDF - Displacement Solutions

Download PDF - Displacement Solutions

Download PDF - Displacement Solutions

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Activity Report 2007/2008


Inadequate slum housing - Accra, Ghana. Photo: Scott Leckie<br />

100 million displaced people throughout the world don’t want<br />

slums, camps or aid drops, they want sustainable solutions.


Activity Report 2007/2008<br />

Director’s Message 2<br />

Mission 5<br />

Methodology 6<br />

Activities 7<br />

Field Work - the Global HLP Rights Expert Registry 7<br />

DS Field work 2007 - 2008 9<br />

HLP Policy Guidance 11<br />

Handbooks, Reports and Publications 12<br />

Global Update 14<br />

www.displacementsolutions.org 14<br />

Advisory Board 16<br />

2009 and Beyond 19<br />

Donor Support 20<br />

Financial & Legal 20


Director’s Message<br />

Welcome to the first of what will become annual reports on the work of<br />

<strong>Displacement</strong> <strong>Solutions</strong> (DS). DS is a Geneva-based organisation that<br />

was established under Swiss Law in December 2006 and which is dedicated<br />

to assisting the world’s displaced people to access durable housing, land and<br />

property (HLP) rights solutions. What makes <strong>Displacement</strong> <strong>Solutions</strong> unique<br />

among organsiations grappling with displacement is our focus on HLP issues<br />

as some of the central ingredients of strategies aimed at preventing and<br />

resolving displacement.<br />

The need to address HLP issues within the specific context of displacement<br />

is increasingly understood by a growing chorus of United Nations agencies,<br />

governments and NGOs. As a result, in recent years special projects to<br />

address HLP issues have been developed by the UN and local actors in<br />

post-conflict and post-disaster settings such as Aceh, Afghanistan, Bosnia-<br />

Herzegovina, Iraq, Kosovo, Sri Lanka, Tajikistan and in many others. Ensuring<br />

that similar (and improved) initiatives take place following conflicts, disasters<br />

and in the context of climate change is a key objective of <strong>Displacement</strong><br />

<strong>Solutions</strong>. The organisation was established because it was clear that no<br />

other organisation was taking on these issues in a comprehensive manner.<br />

There was a clear need for a small, flexible and non-partisan organisation<br />

able to respond rapidly and in creative ways to the growing number of<br />

housing, land and property challenges in need of resolution. As a result,<br />

DS was born.<br />

This work is rarely easy or straight-forward, which may explain why many<br />

institutions have historically chosen to overlook it. <strong>Displacement</strong> <strong>Solutions</strong><br />

has very consciously chosen to work on some of the most vexing issues in<br />

the world today, and our experience after two years is that the need for such<br />

initiatives has never been greater. Tens of millions of displaced people are<br />

currently unable to return to their original homes due to conflict, severe human<br />

rights abuses and environmental crises and natural disasters. If current trends<br />

continue, future large-scale displacement is inevitable as the world becomes<br />

increasingly urban, ecologically threatened by climate change, and subject<br />

to ongoing threats to peace and security.<br />

We are both pragmatic and realistic, but also full of hope and committed to<br />

a vision that there is a sense of justice that prevails in even the worst situations.<br />

We may be optimistic at heart, but <strong>Displacement</strong> <strong>Solutions</strong> truly believes that<br />

even the most intractable situations of long-term displacement can be resolved<br />

in a just and sustainable manner. With innovative, rights-based strategies<br />

and enforceable remedial measures, displaced persons everywhere can<br />

be practically assisted to return and reclaim their homes, receive adequate<br />

compensation or be resettled in ways fully consistent with their human rights.<br />

<strong>Displacement</strong> <strong>Solutions</strong> aims to provide assistance to develop practical<br />

strategies towards this end.<br />

<strong>Displacement</strong> <strong>Solutions</strong> provides a unique global capacity for developing<br />

solutions to displacement-linked HLP problems around the world. <strong>Displacement</strong><br />

<strong>Solutions</strong> provides expert and results-driven advisory services in the following<br />

areas: Climate change-induced forced displacement; UN and regional<br />

peace-building operations; Peace negotiations, peace agreements and<br />

mediation processes; Post-conflict HLP legal sector reform, policy development<br />

and dispute resolution measures; HLP restitution and compensation; and Postdisaster<br />

HLP rights recovery and renewal.<br />

Since the organisation was established just over two years ago, there has<br />

been no shortage of requests for its services. Field deployments and policy<br />

expertise have been provided in some 15 country situations and to some<br />

14 institutions on developing their policy or institutional approaches on HLP<br />

issues. Our work thus far has resulted in a series of detailed restitution plans,<br />

in-depth policy papers, innovative strategy discussions, and field work that has<br />

assisted in pushing displacement issues ever higher onthe political agendas<br />

of many Governments and UN agencies. Our efforts on climate change and<br />

displacement, HLP rights in Burma, IDP return strategies in Timor Leste and HLP<br />

2


policy work for several leading international organisations have been widely<br />

lauded. We hope very much to continue these and additional efforts in the<br />

years to come.<br />

Fundamental to our continued ability to meet the scale of requests we have<br />

faced will be our ability to further secure our financial future and to access<br />

increased donor support. We are deeply appreciative for the generous<br />

support provided thus far by our many donors, and hope that such support<br />

will again be forthcoming to enable DS to continue its unique work. We are<br />

therefore looking forward to continued and increasing support from donors;<br />

not only because no one else is doing what we do, but because <strong>Displacement</strong><br />

<strong>Solutions</strong> really does make a difference.<br />

Thank you again for taking the time to read our first activity report. We look<br />

forward to hearing from you!<br />

Scott Leckie<br />

Founder & Director<br />

DS Director, Scott Leckie during a mission to Karen refugee<br />

camps on the Thai-Burma border. Photo: Kirsten Young<br />

3


Karen refugees, Thai-Burma border. Photo: Scott Leckie<br />

“The creation of <strong>Displacement</strong> <strong>Solutions</strong> is a very timely initiative. The organisation’s<br />

objective to create a capacity to deploy housing, land and property experts to postconflict<br />

countries should fill a pressing need in many peacekeeping operations…<br />

<strong>Displacement</strong> <strong>Solutions</strong> will provide a much needed service for the millions of displaced<br />

persons around the world who wish to reclaim their original homes and properties.<br />

I would encourage any prospective donors to support this initiative strongly.”<br />

– Dennis McNamara (Centre for Humanitarian Dialogue)<br />

4


Mission<br />

<strong>Displacement</strong> <strong>Solutions</strong> was established to fill an institutional gap in solving<br />

cases of forced displacement throughout the world. While many organisations<br />

advocate on behalf of the rights of refugees and internally displaced persons,<br />

no other institution today - UN, NGO or otherwise - focuses comprehensively<br />

on the question of displacement through the particular lens of housing, land<br />

and property rights. Our aim is to help governments, intergovernmental bodies<br />

and displaced people themselves to prevent or resolve displacement through<br />

a focus on strengthening housing, land and property rights.<br />

Our primary goal is to empower displaced people and refugees to exercise<br />

their right to return and have restored to them their original homes, lands<br />

and properties. <strong>Displacement</strong> <strong>Solutions</strong> seeks forcefully to ensure that the<br />

Pinheiro Principles on Housing and Property Restitution for Displaced Persons<br />

is implemented in full for all of the world’s displaced people.<br />

We work with people who have been displaced not only by conflict, forced<br />

eviction or other human rights abuses, but also natural disaster, climate change<br />

or other circumstances beyond their control. When return and restitution are<br />

not materially possible, we try to assist in identifying alternative solutions such<br />

as resettlement or compensation.<br />

Above all, we attempt in each case to provide fresh, innovative and practical<br />

perspectives that can result in actually resolving outstanding cases of<br />

displacement. - person by person and community by community.<br />

5


Methodology<br />

Unlike many human rights organisations, <strong>Displacement</strong> <strong>Solutions</strong> does not focus primarily on advocacy work that places blame on governments responsible for<br />

human rights abuses; there are already enough excellent organisations who are more than capable of exposing violations of basic rights. Rather, DS strives to<br />

take human rights work one-step further by devising practical plans to solve situations where forcibly displaced people have lost their homes. With innovative,<br />

rights-based analysis and institutional design and remedial measures, DS believes that displaced persons everywhere can be practically assisted to return to<br />

and reclaim their homes, receive adequate compensation or be resettled in ways consistent with their human rights.<br />

<strong>Displacement</strong> Solution’s methodology has two key elements:<br />

4 The Global Housing Land and Property Rights (HLP) Expert Registry; and<br />

4 Country and Thematic HLP Projects.<br />

The Global HLP Rights Expert Registry<br />

The Global HLP Rights Expert Registry enables the organisation to deploy<br />

more than 100 leading HLP rights experts at short notice to displacement<br />

crises, particularly conflict, post-conflict, post-disaster and settings where<br />

climate change is already causing displacement to help find viable and<br />

creative HLP solutions. Our HLP rights teams work closely with peace and<br />

post-disaster operations to provide the expertise required to ensure that<br />

housing, land and property rights issues are properly addressed. The teams<br />

drawn from the Registry are carefully tailored to fit the particular displacement<br />

and HLP problems in the affected country. As we are able to compose these<br />

teams at very short notice, this considerably improves the response of national<br />

governments and the international community to these crises, and speeds<br />

up the process of identifying long-term solutions. In chronological order,<br />

deployments have thus far taken place to Timor Leste, Somalia, Maldives,<br />

Georgia, Colombia, Peru, Sri Lanka, Thailand/Burma border and Burma. As<br />

of early 2009, planning for future missions is currently underway for Darfur,<br />

DR Congo, Kiribati and Papua New Guinea.<br />

Country and Thematic HLP Projects<br />

DS also carries out country and thematic projects aimed at improving the HLP<br />

restitution and other human rights prospects of refugees and IDPs. Each of these<br />

projects have been very carefully selected to achieve maximum global impact<br />

and to be of the widest possible application. They seek to build on a range<br />

of positive developments concerning HLP rights in post-conflict and disaster<br />

settings in recent years. The projects entail both field-level HLP initiatives, as<br />

well as policy guidance papers, training programmes and documentary films.<br />

All are results-oriented and original in approach and methodology. The key<br />

aim is to build the institutional, normative, and conceptual basis for further<br />

action on resolving displacement situations around the world by focusing on<br />

HLP problems. Examples include a project on climate change and lost land<br />

in the Pacific, another involving the development of an HLP blueprint as part<br />

of a future peace plan for Burma, and a project which provides guidance on<br />

how to address HLP issues in peace negotiations.<br />

In addition to the targeted forms of assistance that are provided to specific<br />

groups of refugees and displaced persons through the work of the HLP Expert<br />

Registry and the country and thematic projects, <strong>Displacement</strong> <strong>Solutions</strong> also<br />

conducts work aimed at promoting greater attention to HLP issues by various<br />

governmental and inter-governmental agencies involved in displacement and<br />

peace-building efforts. The organisation maintains relations with national<br />

governments, members of the judiciary and the legal profession, national<br />

human rights organisations, research institutes, NGOs and others to highlight<br />

the importance of HLP issues in resolving displacement crises. <strong>Displacement</strong><br />

<strong>Solutions</strong> has actively chosen to work on a series of exceptionally challenging<br />

projects, often involving immense political and historical obstacles.<br />

6


Activities<br />

Field Work - the Global HLP Rights<br />

Expert Registry<br />

The DS Global HLP Rights Expert Registry is the only one of its type<br />

in the world. At any given time, DS can use the Registry to call on<br />

many of the world’s leading HLP experts for both long-term and<br />

short-term deployments to the field, to assist in finding workable<br />

ways to end displacement linked to HLP problems. Through its<br />

field deployments in 2007 and 2008, the Registry has already<br />

begun to fill a large gap in national and international responses<br />

to displacement.<br />

The Registry brings together some 110 experts with diverse areas<br />

of expertise. Registry experts represent some 23 nationalities and<br />

speak more than a dozen languages. They have an extensive<br />

range of HLP field experience throughout the world, including in<br />

the following countries/territories: Afghanistan, Albania, Bhutan,<br />

Bosnia-Herzegovina, Bougainville (Papua New Guinea), Burma<br />

(Myanmar), Burundi, Cambodia, Croatia, Cyprus, Dominican<br />

Republic, DR Congo, Georgia, Indonesia, Iraq, Israel, Japan,<br />

Kosovo, Latvia, Maldives, Nepal, Pakistan, Palestine, Rwanda,<br />

Serbia, Solomon Islands, South Africa, South Korea, South Ossetia<br />

(Georgia), Sri Lanka, Sudan, Thailand, Timor Leste, Turkey, Uganda<br />

and others.<br />

Access to the Registry is available to national governments, the<br />

UN and other international agencies, national and international<br />

restitution bodies, national Human Rights Institutions, businesses,<br />

academic institutions and civil society organisations.<br />

Areas of expertise currently available from the Registry include:<br />

Climate Change-Induced <strong>Displacement</strong><br />

Providing concrete, practical and rights-based policy options to assist forced<br />

climate migrants to achieve the realisation of their housing, land and property<br />

rights, including through internal relocation and/or international resettlement.<br />

UN (and other) Peace Operations<br />

Working in collaboration with existing peace operations, and assisting UN<br />

agencies and Governments during the design of future peace operations, to<br />

ensure that housing, land and property rights issues are addressed during the<br />

peacebuilding process.<br />

HLP Rights and Peace Negotiation and Mediation Processes<br />

Working closely with peace negotiators to provide advice on how to most<br />

effectively address the numerous (but often ignored) HLP rights challenges<br />

facing countries in conflict and during the post-conflict period.<br />

Post-Conflict HLP Legal Sector Reform and Policy Development<br />

Providing detailed advice on legal sector reform, policy development and<br />

dispute resolution measures in countries undergoing post-conflict reconstruction,<br />

including legislative drafting and rights-based HLP policy planning.<br />

HLP Restitution Programmes, Mechanisms and Institutional<br />

and Legal Frameworks<br />

Designing the legal and institutional frameworks required for the effective<br />

functioning of HLP restitution processes and the exercise of restitution rights of<br />

the displaced.<br />

7


Cadastre, Property Registration Systems and GIS Technology<br />

Assisting local and national public bodies to develop, re-establish, update<br />

and maintain appropriate methods of registering HLP rights in post-conflict<br />

and post-disaster settings.<br />

Post-Disaster HLP Rights Recovery and Renewal<br />

Assisting local governments and the humanitarian community in developing<br />

HLP action plans to facilitate the exercise of HLP rights following disasters and<br />

applying rights-based approaches during the recovery process.<br />

Disaster Planning and Risk Reduction<br />

Identifying rights-based measures within the HLP sector designed to mitigate<br />

the effects of disaster and reduce displacement within such contexts.<br />

Corporate Responsibility and <strong>Displacement</strong><br />

Providing policy advice to large corporations and smaller companies seeking<br />

to reduce or eliminate displacement from their development practices.<br />

Compensation and Reparations<br />

Assisting governments and affected communities and groups to develop just<br />

and satisfactory compensation and reparation programmes designed to<br />

redress the consequences of forced displacement.<br />

National HLP Programming<br />

Assisting local and national organisations and movements to develop<br />

practical, viable and rights-based programming on HLP rights in post-conflict<br />

and post-disaster settings.<br />

Women’s Housing, Land and Property Rights Issues<br />

Developing equitable policy and legal recommendations designed to ensure<br />

equal treatment of women in the HLP sector, including in the area of inheritance<br />

and succession rights.<br />

Land Administration<br />

Providing advice, assistance and best practice examples of land administration<br />

in countries emerging from crisis.<br />

Customary Law Governing Housing, Land and Property Issues<br />

Offering insights and comparative experiences in the application of customary<br />

law in post-conflict and post-disaster recovery settings and the often strained<br />

relationship between these systems and formal legislation and practice.<br />

HLP Rights Research and Analysis<br />

Providing in-depth research and analysis on a wide range of displacement<br />

issues.<br />

HLP Rights Training<br />

Providing user-friendly, individually-tailored practical training on a broad<br />

cross-section of displacement issues for UN agencies, governmental officials,<br />

NGOs and civil society organisations.<br />

Media<br />

Preparing accessible and creative documentary films and feature stories on<br />

displacement cases and possible solutions designed to raise awareness of the<br />

complexities and reality of displacement.<br />

“It is my firm belief that <strong>Displacement</strong><br />

<strong>Solutions</strong> fills a major gap in the efforts of the<br />

international community who seek the means<br />

and methods for coping and recovering<br />

from either human-made or natural crisis.”<br />

– Dan Lewis (Chief, Disaster, Post-Conflict and<br />

Safety Section, UN Habitat Programme)<br />

8


DS Field work 2007 - 2008<br />

Field work by Registry members was carried out in and concerning a<br />

number of countries during 2007 and 2008, including Australia, Burma,<br />

Colombia, Georgia, Maldives, Nepal, Papua New Guinea (Bougainville),<br />

Peru, Serbia, Somalia, Sri Lanka, Thai-Burma border and Timor-Leste:<br />

Georgians displaced by the conflicts in South Ossetia and Abkhazia in the<br />

early 1990s. In the following year, UN-Habitat then requested DS to assist in<br />

the development of a post-conflict HLP restitution plan to take into account the<br />

impact of renewed fighting in the summer of 2008.<br />

Australia<br />

In December 2008, DS hosted two international workshops on displacement<br />

and climate change. The workshops, with participants from some of the<br />

most heavily climate change-affected nations – including Tuvalu, Kiribati,<br />

Maldives and Papua New Guinea – identified a range of policy measures<br />

that would support the housing, land and property rights of forced climate<br />

migrants. A series of follow-up activities are currently underway.<br />

Burma<br />

Throughout 2008, DS worked with local partners to lay the groundwork<br />

to develop proposals designed to eventually reform the law in Burma as<br />

it relates to HLP rights issues and to build capacity for enforcing these<br />

rights for citizens of the country. This initial groundwork took the form of<br />

a comprehensive compilation of all existing HLP law currently in force in<br />

Burma today – some 57 Burmese laws.<br />

Maldives<br />

In March 2008, DS gave a series of speeches and training sessions on<br />

human rights and climate change in the Maldives. This mission was followedup<br />

in May 2008, when a member of the HLP Expert Registry was deployed<br />

to the Maldives at the request of the National Human Rights Commission to<br />

assist in the preparation of an in-depth Housing Assessment in the country.<br />

The recommendations of the Housing Assessment were some of the first policy<br />

documents implemented by the new Maldivian Government.<br />

Nepal<br />

In October 2008, DS was requested by the International Commission of<br />

Jurists to draw up an extensive joint project to assist the new government in<br />

Nepal in developing rights-based land-reform measures to help tackle rural<br />

landlessness which is one of the most vexing problems confronting the country.<br />

The project will be implemented in 2009.<br />

Colombia<br />

In July 2008, DS was requested by the government of Colombia and<br />

partners to assist in designing a blueprint for a restitution programme for<br />

some 3 million IDPs in the country. Members of the HLP registry have<br />

made several field visits to the country to work on refining the blueprint<br />

and legislation pending before the Colombian Congress, including to coordinate<br />

a workshop in Bogota in October 2008 to finalise the plan.<br />

Georgia<br />

In 2007, at the request of UNHCR, DS provided a list of several of the<br />

world’s leading HLP experts and jurists as possible candidates to work<br />

as judges on the recently approved Georgian Restitution Commission. The<br />

Commission was set up to adjudicate HLP claims by South Ossetians and<br />

Papua New Guinea (Bougainville)<br />

In December 2008, DS hosted a closed meeting on the planned resettlement<br />

of 6,000 islanders from the Carteret and other atolls in Papua New Guinea<br />

to Bougainville due to climate change. The meeting brought together<br />

representatives of the communities to be resettled, the Government of<br />

Bougainville and two large landowners on Bougainville to explore how to<br />

best to ensure that this group of forced climate migrants be given adequate<br />

possibilities of land use and livelihood. Intensive follow-up activities are<br />

ongoing, including planned work with the world’s first advocacy organisation<br />

for forced climate migrants, Tulele Peisa.<br />

9


Peru<br />

In July 2008, DS deployed an HLP expert to Pisco, Peru to examine HLP<br />

challenges that emerged in the aftermath of the 2007 earthquake that<br />

devastated the area. This mission was carried out in connection with the HLP<br />

Scoping Study prepared by DS for the International Federation of the Red<br />

Cross and Red Crescent.<br />

Somalia<br />

In June 2008, DS sent a mission to Somalia at the request of UN Habitat and<br />

UNHCR. In a country plagued by conflict, lack of governance, HLP abuses<br />

and massive displacement, the DS expert was tasked with developing an<br />

approach to the many HLP problems which contribute to ongoing displacement<br />

and provide an obstacle to IDP and refugee return.<br />

HLP Rights in Somalia<br />

<strong>Displacement</strong> <strong>Solutions</strong>’ report Housing, Land and Property Rights in<br />

South Central Somalia: Preliminary Assessment and Proposed Strategies<br />

for Expanded Approaches elaborated a series of proposals to assist<br />

in resolving HLP disputes in the difficult environment of Somalia.<br />

The report – commissioned by the UN – identified some of the key<br />

HLP issues prevalent in Somalia. These included: illegal confiscation<br />

and allocation of land; tenure insecurity in rural areas; tenure insecurity<br />

in urban areas; widespread use of forged ownership documentation;<br />

lack of protection from forced eviction for IDPs occupying public<br />

buildings; the need to resolve restitution claims in a fair and equitable<br />

manner; overlapping statutory and other systems dealing with land<br />

governance; and structural HLP rights vulnerabilities of women.<br />

Sri Lanka<br />

In July 2008, in conjunction with a project supported by the International<br />

Federation of the Red Cross and Red Crescent Societies, DS sent an HLP<br />

and post-disaster expert to analyse HLP issues that have remained unresolved<br />

since the December 2004 Tsunami.<br />

Timor-Leste<br />

In July and September 2007, at the request of the UN country team, DS<br />

fielded an HLP expert team to Timor-Leste, where some 10% of the entire<br />

population had been displaced. The DS team joined up with a team from<br />

UN-Habitat to conduct a review of HLP issues which form a key cause of the<br />

country’s ongoing displacement crisis.<br />

In 2009, field work is planned in Burma, Darfur, Democratic Republic of the<br />

Congo, Kiribati, Nepal, Papua New Guinea (including Bougainville and the<br />

Carteret Islands) and the Thai-Burma border.<br />

HLP Rights in Timor Leste<br />

Excerpt from Housing Timor – An IDP-Plus Approach to Resolving<br />

the <strong>Displacement</strong> Crisis in Timor Leste “…Following a three-month<br />

process of investigation, including over 100 meetings focusing on<br />

the challenge of resolving the IDP question, the joint <strong>Displacement</strong><br />

<strong>Solutions</strong> and UN-Habitat Mission has developed eight specific<br />

recommendations which it believes will best assist in resolving the<br />

IDP crisis in Timor Leste in the most rapid, reasonable and equitable<br />

manner possible under present circumstances, consistent with Timor<br />

Leste’s human rights obligations. These are:<br />

Recommendation 1:<br />

Generate Bi-partisan Political Support for Solving the IDP Crisis<br />

Recommendation 2:<br />

Establish the Housing Timor Office<br />

Recommendation 3:<br />

Expand and Clarify <strong>Solutions</strong> for IDPs<br />

Recommendation 4:<br />

Develop Mass Public Information Campaigns<br />

Recommendation 5:<br />

Augment the Human Rights Agenda<br />

Recommendation 6:<br />

Resolve Outstanding Land and Property Issues<br />

Recommendation 7:<br />

Begin Consideration of a National Integrated Housing Programme<br />

Recommendation 8:<br />

Introduce Enabling Measures to Support Housing Development<br />

10


HLP Policy Guidance<br />

Work on HLP policy issues during 2007-2008 included a scoping study on<br />

HLP rights issues for the International Federation of Red Cross and Red Crescent<br />

Societies, preparation of a Handbook on HLP Rights and Peace Negotiations<br />

and ever expanding efforts in support of forced climate migrants. In addition,<br />

DS organised and hosted a number of high-level workshops on country and<br />

thematic issues in Bogota, Canberra and New York:<br />

HLP Scoping Study for the International Federation of Red Cross<br />

and Red Crescent Societies<br />

In 2008, the Shelter Programme of the International Federation of Red Cross<br />

and Red Crescent Societies (IFRC) requested DS to assist in the development<br />

of a comprehensive scoping study on HLP issues in countries where it carries<br />

out shelter sector activities in the immediate aftermath of large-scale natural<br />

disasters. This project between DS and the IFRC will build the foundations for<br />

improved policy responses when the next disasters strike.<br />

HLP Rights and Peace Negotiations<br />

In June 2008, DS and the United States Institute of Peace (USIP) jointly<br />

convened an expert workshop in New York on the intersection between<br />

peace and HLP rights. The meeting brought together some twenty leading<br />

figures in both the HLP and peace mediation fields to review how to expand<br />

attention to HLP concerns during peace processes. A Handbook for Peace<br />

Negotiators on these issues was prepared and will be published jointly by<br />

USIP and DS in 2009.<br />

UN Security Council Debate on HLP Issues<br />

In late 2007, <strong>Displacement</strong> <strong>Solutions</strong> played an advisory role in the<br />

preparation of the report of the UN Secretary-General on the protection of<br />

civilians in armed conflict (S/2007/643). In response to that report, the UN<br />

Security Council held an historic debate on HLP rights issues during its 5871st<br />

session on 20 November 2007. Paragraphs 52-59 entitled ‘A more effective<br />

response to housing, land and property issues’ represent one of the first times<br />

the Security Council or the UN Secretary-General has specifically addressed<br />

HLP issues within the context of conflict. A key recommendation of the report<br />

was that “…56. The Council has long recognized the importance of safe and<br />

unimpeded return for refugees and internally displaced persons … However,<br />

for the reasons cited above, such recognition of the right to return must be<br />

applied by the Council with more systematic regularity. It must, moreover, be<br />

accompanied by increased attention to its practical implementation, including<br />

the need for a more comprehensive, systematic and consistent United Nationswide<br />

approach to housing, land and property issues in both conflict and<br />

post-conflict settings.”<br />

HLP Rights in Post-Conflict Situations: Course Materials<br />

In April 2008, DS experts designed a post-graduate level academic course<br />

on HLP Rights in Post-Conflict Situations which explores legal, political and<br />

practical issues on these themes. The ten-hour course is designed to be taught<br />

in various university law schools and international law academies and used<br />

in training sessions for UN and Government officials.<br />

Climate Change and <strong>Displacement</strong> in the Pacific<br />

In December 2008, DS and UNHCR jointly convened a workshop on<br />

displacement, human rights and climate change in the Pacific. While there are<br />

many meetings on climate change, few are devoted to displacement-related<br />

aspects of this increasingly pressing problem. The workshop was attended<br />

by representatives of some of the hardest hit small islands and atolls in the<br />

region, including Papua New Guinea, Maldives, Tuvalu and Kiribati, as well<br />

as regional powers such as Australia and New Zealand with a view to<br />

developing remedies for current and future displacement.<br />

11


UN-Habitat Symposium for the 2007 World Habitat Day<br />

In October 2007, at the invitation of the Netherlands Ministry of Foreign<br />

Affairs, the DS Director gave one of the keynote speeches at the global<br />

launch of 2007 World Habitat Day in the Hague, to an audience of over<br />

300 HLP experts and invited guests from around the world.<br />

Amnesty International’s Dignity Campaign<br />

In July 2007, as part of Amnesty International’s “Dignity Campaign” and<br />

related campaign on slums and human rights, the DS Director was invited to<br />

speak at AI’s London headquarters, as well as its’ Swedish section, on how<br />

AI can best address economic, social and cultural rights, including HLP rights.<br />

DS is also assisting AI in the preparation of a book developing the Dignity<br />

Campaign and in developing the Amnesty International policy on slums and<br />

human rights.<br />

Working in Partnership with the United Nations<br />

<strong>Displacement</strong> <strong>Solutions</strong> works closely with various UN agencies<br />

involved in post-conflict and post-disaster efforts, including UNHCR,<br />

DPKO, OCHA, OHCHR and UN-Habitat in its capacity as the<br />

UN focal point for housing, land and property issues under the<br />

Protection Cluster of the UN’s Inter-Agency Standing Committee<br />

(IASC) Cluster system.<br />

<strong>Displacement</strong> <strong>Solutions</strong> provides human resources, practical expertise<br />

and years of experience on how HLP issues can best be addressed.<br />

By working in close partnership and collaboration with UN agencies<br />

and local and national Governments, <strong>Displacement</strong> <strong>Solutions</strong> seeks<br />

to raise the profile of HLP issues in post-conflict and post-disaster<br />

settings, and assist in long-term recovery and development trajectories<br />

built upon an integrated and multi-sectoral operational platform.<br />

Handbooks, Reports and Publications<br />

DS has produced or otherwise assisted in a wide range of publications during<br />

2007 and 2008. These include:<br />

Handbook on Housing and Property Restitution Rights for Refugees and IDPs<br />

In 2007, Upon the request of several UN agencies, DS prepared a Handbook<br />

on the Implementation of the UN Principles on Housing and Property<br />

Restitution Rights for Refugees and Displaced Persons. This Handbook, with<br />

an initial print run of 10,000 copies, has been distributed widely throughout<br />

UN humanitarian agencies and civil society groups. The Handbook was a<br />

joint publication of OCHA, UNHCR, OHCHR, FAO and the Norwegian<br />

Refugee Council.<br />

Handbook on Peace Mediation and HLP rights<br />

In 2008, DS and the US Institute for Peace jointly prepared a Handbook on<br />

Peace Mediation and HLP Rights, outlining tips for peace mediators to deal<br />

better with HLP challenges in peacebuilding exercises.<br />

Handbook on Land Administration and Post-Conflict<br />

In 2007, DS assisted in the preparation of a landmark publication by the<br />

Post-Conflict and Safety Section of UN-Habitat outlining the precise land<br />

administration issues arising in post-conflict settings, entitled Land Administration<br />

and Conflict. The publication provides detailed and practical information for<br />

workers in the field on how best to address these complex issues in the<br />

context of the emergency and reconstruction phases following the end of wars<br />

and violence.<br />

12


Natural Disaster Handbook<br />

In 2008, the International Development Law Organisation (IDLO) and<br />

<strong>Displacement</strong> <strong>Solutions</strong> jointly published a Natural Disaster Handbook<br />

designed to assist policy-makers and field practitioners in consistently applying<br />

the human rights law normative framework in difficult situations following<br />

disasters. The Handbook contains several chapters, including one on HLP<br />

rights. Each chapter is accompanied by a Law Matrix which outlines the<br />

precise legal norms and principles arising with each post-disaster issue.<br />

Book on UN Peace Operations and HLP Rights<br />

In 2008, a book edited by the DS Director - UN Peace Operations and<br />

Housing, Land and Property Rights: A Comparative Survey and Proposals for<br />

Reform - was published by Cambridge University Press. The book reviews<br />

UN and other peace operation experiences in grappling with HLP rights in<br />

some 12 countries, and provides a series of detailed recommendations to the<br />

UN and States as to how to improve the growing involvement of the UN in<br />

these matters within future peace operations.<br />

Restitution Law Volume<br />

In 2007, Cambridge University Press published a law book prepared by the<br />

DS Director - Housing, Land and Property Restitution Rights for Refugees and<br />

Displaced Persons: Laws, Cases and Materials - which provides an overview<br />

of some 240 international standards, laws and case law addressing the right<br />

to housing, land and property restitution.<br />

Burma HLP Legal Code Book<br />

In 2008, DS commenced work on a book which analyses and compiles, for<br />

the first time, the complete legal code of Burma as it relates to the full spectrum<br />

of HLP rights. The book is designed to provide a comprehensive overview<br />

of the current HLP normative framework in Burma with a view to expanding<br />

understanding of these issues and how they might best be reformed. The book<br />

will be available in late-2009.<br />

HLP Textbook<br />

In 2008, DS began work on a comprehensive textbook on housing, land<br />

and property rights and situations of conflict. The 15 chapter volume will<br />

explore all of the major HLP issues that arise within the context of conflict and<br />

provide an in-depth overview of how these issues have or have not been<br />

addressed to date.<br />

Special Edition of FMR on Climate Change and <strong>Displacement</strong><br />

In 2008, DS assisted the editors of Forced Migration Review in developing<br />

the climate change edition of this leading displacement journal, published in<br />

September 2008.<br />

Security of Tenure as a Human Right<br />

In 2008, the DS director published an academic article entitled ‘Transforming<br />

Security of Tenure into an Enforceable Housing Right’ in the edited volume<br />

Freedom from Poverty, published by UNESCO and Oxford University Press.<br />

ODI Volume on Land, Conflict and Humanitarian Action<br />

In 2008, the DS Director prepared a chapter for an upcoming book to be<br />

published by the Overseas Development Institute in 2009 which explores<br />

the institutional gap in addressing HLP issues in humanitarian action and<br />

the international response to conflict. The article proposes possible ways of<br />

developing policy and institutional responses to HLP issues arising in future<br />

humanitarian undertakings.<br />

Media<br />

<strong>Displacement</strong> <strong>Solutions</strong> received media attention and provided interviews to a<br />

range of media outlets in 2007 and 2008, including: BBC, Financial Times,<br />

Australia Network, ABC Australia, Hindustan Times, Deutsche Welle, Ghetto<br />

Radio and others.<br />

13


Global Update<br />

With a view to keeping donors and the broader international displacement network fully<br />

appraised of the work of <strong>Displacement</strong> <strong>Solutions</strong>, DS publishes a bi-annual newsletter -<br />

Global Update - that is released each January and July.<br />

www.displacementsolutions.org<br />

The <strong>Displacement</strong> <strong>Solutions</strong> website can be found at www.displacementsolutions.org.<br />

This easy to navigate site provides information on DS’s mission, activities and Advisory<br />

Board. There is also a section on DS’s Global HLP Rights Expert Registry that outlines<br />

the areas of expertise covered by the Registry and how to go about accessing the<br />

Registry’s expert consultants. The new site will also soon provide a reference library<br />

of displacement and restitution-related materials from around the globe, which will be<br />

expanded over time.<br />

Ursula Rakova of Tulele Peisa describing the relocation of Carteret<br />

Islanders to Bougainville at the DS hosted Bougainville Resettlement<br />

Initiative workshop, Dec 2008. Photo: Lailey Wallace<br />

14


When HLP rights are ignored, people call places like this<br />

home, Bangkok, Thailand. Photo: Scott Leckie<br />

All refugees and displaced persons have the right to have restored to them any<br />

housing, land and/or property of which they were arbitrarily or unlawfully deprived,<br />

or to be compensated for any housing, land and/or property that is factually<br />

impossible to restore as determined by an independent, impartial tribunal.<br />

– Principle 2 of the UN Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”) (2005)<br />

15


Advisory Board<br />

<strong>Displacement</strong> <strong>Solutions</strong> is honoured to be assisted by a prestigious Advisory Board consisting of Twelve leading experts on<br />

human rights and displacement. Current Advisory Board members are:<br />

Theo van Boven (Maastricht, Netherlands)<br />

Fmr. Director of the UN Centre on Human Rights and<br />

Fmr. UN Special Rapporteur on Torture<br />

Reed Brody (Brussels, Belgium)<br />

Legal Counsel and Spokesperson, Human Rights Watch<br />

Andrew Clapham (Geneva, Switzerland)<br />

Director of the Geneva Academy on Human Rights and<br />

Humanitarian Law<br />

Dennis McNamara (Geneva, Switzerland)<br />

Centre for Humanitarian Dialogue, Fmr. Head of International<br />

Protection (UNHCR) and Fmr. UN Special Advisor on Internal<br />

<strong>Displacement</strong> to the Emergency Relief Coordinator<br />

Paal Nesse (Oslo, Norway)<br />

Advisor, Norwegian Refugee Council<br />

Roger Normand (Bangkok, Thailand)<br />

Asia-Pacific Director, International Commission of Jurists<br />

Anne Gallagher (Canberra, Australia)<br />

Technical Director, Asia Regional Trafficking in Persons Project<br />

and Head of Operations, Equity International<br />

Walter Kälin (Berne, Switzerland)<br />

Representative to the UN Secretary-General on the Human Rights<br />

of Internally Displaced Persons<br />

Irene Khan (London, England)<br />

Secretary-General, Amnesty International<br />

Paulo Sérgio Pinheiro (Sao Paulo, Brazil)<br />

Special Representative to the UN Secretary-General on Violence Against<br />

Children, Fmr. UN Special Rapporteur on Human Rights in Burma and<br />

Fmr. UN Special Rapporteur on Housing and Property Restitution<br />

Farouk Tebbal (Algiers, Algeria)<br />

Fmr. Shelter Branch Chief (UN Habitat Programme) and<br />

Fmr. National Minister of Housing for the Government of Algeria<br />

Dan Lewis (Nairobi, Kenya)<br />

Chief, Post-Conflict and Safety Section, UN-Habitat<br />

16


Finding and planning land for resettlement,<br />

Athi River, Kenya. Photo: UN Habitat<br />

“Although there is a growing awareness of the perils of<br />

climate change, its likely impact on human displacement<br />

and mobility has received too little attention.”<br />

– António Guterres, UN High Commissioner for Refugees<br />

17


“<strong>Displacement</strong> is the most significant humanitarian challenge that we face…<br />

marked by suffering, deprivation and a daily fight for survival”.<br />

-- UN Secretary-General Ban Ki Moon (Nov 2007)<br />

Demolished home, Hatfield Farm informal settlement<br />

outside of Harare, Zimbabwe. Photo: Unknown<br />

18


2009 and Beyond<br />

In 2009 and beyond, DS plans to build on activities already undertaken in<br />

support of its mandate, with an emphasis on climate change and displacement,<br />

disability and displacement, HLP capacity building in Burma and HLP Training.<br />

In addition, DS will strive to expand the Global HLP Rights Expert Registry:<br />

Climate Change and <strong>Displacement</strong><br />

While there are many organisations devoted to addressing climate change,<br />

few focus on displacement-related aspects of the problem. For this reason, DS<br />

sees an enormous gap in the international approach to this increasingly urgent<br />

issue. As a result, DS plans to develop a Climate Change and <strong>Displacement</strong><br />

Unit which will focus on housing, land and property rights issues affecting<br />

forced climate migrants. The initial focus of the Unit will be on Papua New<br />

Guinea, Tuvalu, Kiribati, Vanuatu, the Maldives and other countries that are<br />

already experiencing climate change-induced displacement. This work will<br />

require an annual budget of US$ 850,000.<br />

Disability and <strong>Displacement</strong><br />

There are only very few organisations which are dedicated to addressing the<br />

needs of disabled displaced persons. Given the particularly acute nature of<br />

the problems confronting this group, DS believes extensive awareness raising<br />

is necessary to improve the international and national responses to their plight.<br />

DS will carry out a range of initiatives in support of the rights of disabled<br />

displaced persons. Among others, a documentary film will be produced by<br />

DS and Disabled People International (DPI) on <strong>Displacement</strong> and Disability.<br />

The film will focus on disabled refugees/IDPs from Sudan, Burma and Iraq.<br />

This work will require a budget of US$ 350,000.<br />

Karen refugee camp, Thai-Burma border. Photo: Scott Leckie<br />

HLP Capacity Building in Burma<br />

DS seeks to carry out a two-year project on HLP Capacity Building and<br />

Legislative Drafting in Burma, together with several partners, to assist in raising<br />

the profile of HLP rights issues within movement for a democratic Burma,<br />

through assistance in preparing draft HLP legislative blueprints. This work will<br />

require a budget of US$ 325,000.<br />

Expanding the Global HLP Rights Expert Registry<br />

In 2009, DS will seek to expand the Global HLP Expert Registry to 150<br />

experts, with enhanced management and coordination by DS. This work will<br />

require a budget of US$ 350,000.<br />

19


Donor Support<br />

Financial & Legal<br />

DS has received financial contributions from governments, UN<br />

agencies, private foundations and private individuals. In 2007 and<br />

2008 donor support was provided by:<br />

DS is committed to financial transparency and accountability to all its<br />

stakeholders. The organisation abides by generally accepted accounting<br />

practices and conforms to applicable laws and regulations.<br />

Governments<br />

Germany<br />

Luxembourg<br />

Netherlands<br />

Sweden<br />

Switzerland<br />

Accounts are audited by Berdat & Cie SA in Geneva, Switzerland on an annual<br />

basis. DS is registered as a non-profit association in Geneva, Switzerland,<br />

and overseen by a Board of Directors which meets twice annually.<br />

United Nations<br />

Office for the Coordination of Humanitarian Affairs (OCHA)<br />

UN Development Programme (UNDP)<br />

UN High Commissioner for Refugees (UNHCR)<br />

UN Habitat Programme<br />

Other Institutions<br />

BodyShop Foundation<br />

Human Rights Commission of the Maldives<br />

International Federation of the Red Cross and Crescent Societies<br />

MIDAS Programme<br />

Pictet Bank<br />

US Institute for Peace<br />

20


DS Director Scott Leckie and Ursula Rakova of Tulele Peisa, the world's first<br />

grassroots organisation dedicated to finding housing, land and property<br />

solutions for forced climate migrants. Photo: Kirsten Young<br />

21


<strong>Displacement</strong> <strong>Solutions</strong> provides rights-based and innovative<br />

strategies on restoring the housing, land and property rights of<br />

the world’s growing displaced population.<br />

Rue des Cordiers 14,<br />

Geneva 1207, Switzerland<br />

Telephone +61.400.388.345<br />

Email info@displacementsolutions.org<br />

22<br />

www.displacementsolutions.org<br />

Cover:<br />

One of many longer term ‘temporary’ solutions for internally displaced<br />

persons in North Kivu, DR Congo (MONUC Camp). Photo: Florian Bruyas

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!