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MET UA 805 Boston Urban Symposium May 9, 2011
Lizbeth Bello, Ashley Fears, Shan-Yi Lin, Jennifer Stendel, & Elizabeth Taylor
Access to Recovery : Planning for Internally Displaced Persons in the United States
Photo Credit:(top) KatrinaDestruction
(bottom) UNHCR
Source: The New York Times
Introduction
Introduction
• Informal landholders : those who occupy or use land without formal recognition or protection from the law.
• Land Tenure : the relationship between people and land or property, as defined by laws or customs.
• Tenure insecurity : the uncertainty that a person’s rights to land or property will be recognized and protected.
Photo Credit (both): KatrinaDestruction
We argue that the application of an international rights-based framework in the United States would provide a more inclusive national disaster framework, enabling displaced individuals to access long-term recovery.
Introduction
Photo Credit: KatrinaRitaVille Express
Vulnerability & Resiliency
Context Renters Informal Landholders
Economy
• Supply/Demand Imbalance
• 54% of New Orleanians were
renters before Katrina
• 40% of rental units lost and
affordable housing not fully
replaced
• Rents skyrocketed 40% higher
• Number of informal
landholders is unknown due
to lack of documentation
• Administration procedures to
transfer land titles are costly
and complex
Local Legal
System
• High numbers of short-term
tenancies offered little protection
• Legacy of informal property
rights documentation
Land
Administratio
n Authorities
• FEMA/HUD’s Katrina Disaster
Housing Assistance Program
(KDHAP) helped those previously
assisted by a Section 8 voucher or
public housing
• Louisiana’s Road Home
Program helped eligible
homeowners return to their
homes or relocate
Factors that exacerbated existing tenure insecurity (Pre- &
Post-Katrina) :
Internally Displaced Persons (IDPs)
Framework
“Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.” (UN, 2004)
Photo Credit: Southern Studies Photo Credit: Black Agenda Report
UN Pinheiro Principles
Principle 10: The right to voluntary
return.
Principle 2: The right to property
restitution.
U.S. Stafford Act UN Pinheiro Principles
Does not acknowledge domestic IDPs.
National government has primary responsibility to assist IDPs.
Individuals do not have the right to return.
All IDPs have the right to voluntary return.
Individuals do not have a legal right to assistance.
Renters and informal landholders have a right to assistance to facilitate their right to voluntary return.
Framework
Photo Credit: SFBayview
U.S. National Disaster Recovery Framework (NDRF)
Framework
“Recovery is not only about restoration of structures, systems, and services, although they are critical. A successful recovery is also about individuals and families being able to rebound from their losses, and sustain their physical, social, and economic well-being. The shared recovery objective should always be to empower people to recover from disasters by assisting them with compassion and providing them the opportunities and tools to meaningfully participate and contribute to the recovery effort.” (FEMA, 2010)
Photo Credit: Frecklescassie Photo Credit: Arctic Compass
International Examples
Indian Ocean
Tsunami
December 26,
2004
– Displaced millions – Affected people in
over 14 countries
Photo Credit: Zimmerman
International Examples
Aceh & Nias, Indonesia
Photo Credit: Flickr
International Examples
Pakistan Earthquake
October 8, 2005
– 3.5 million displaced
Photo Credit: World Federation
International Examples
Photo Credit: Flickr
International Examples
• Angola• Armenia• Azerbaijan• Bosnia• Burundi• Colombia• Georgia• Guatemala• Liberia• India• Indonesia• Iraq• Nepal• Pakistan• Russia• Serbia• Sri Lanka• Sudan• Tajikistan• Turkey• Uganda
Tenure Insecurity & Key Recommendations
“Land is fundamental to the recovery from natural disasters. It provides a site for shelter, a resource for livelihoods, and a place to access services and infrastructure.” (UN-HABITAT, 2010)
“Land is fundamental to the recovery from natural disasters. It provides a site for shelter, a resource for livelihoods, and a place to access services and infrastructure.” (UN-HABITAT, 2010)
Photo Credit: Flickr
Relationship between vulnerability, displacement and long-term recovery
Tenure insecurity hinders the ability of renters and informal landholders to access recovery
Natural DisasterPre-Disaster
Vulnerabilities:
Vulnerability of Renters& Informal Landholders
Tenure Insecurity
DisplacementLong-Term Recovery:
Tenure security provides access to shelter and
livelihoods
Key recommendations to protect tenure security
Monitoring and
Evaluation
Recognizing the Pinheiro Principles
Protection of Tenure Security
Applying an International Framework
Tenure Insecurity & Key Recommendations
Implementation of Tenure Security and Restitution
National• Acknowledge displacement status• Amend Stafford Act to include the right to
tenure restitution by adopting Pinheiro Principles
• Acknowledge displacement status• Amend Stafford Act to include the right to
tenure restitution by adopting Pinheiro Principles
State • Protect and restore property left behind• Implement property restitution programs• Protect and restore property left behind• Implement property restitution programs
Local• Incorporate access to affordable housing
into the restitution process• Promote advocacy and education in the
community
• Incorporate access to affordable housing into the restitution process
• Promote advocacy and education in the community
Tenure Insecurity & Key Recommendations
Conclusion
Photo Credit: (clockwise from top left) KatrinaDestruction, Allvoices, UNHCR, KatrinaDestruction
Thank You!Questions or Comments?
UN Pinheiro Principles
Principle 2. The right to housing and property restitution.
Principle 10. The right to voluntary return in safety and
dignity.
Principle 11. Compatibility with international human rights,
refugee, and humanitarian law and related
standards.
Principle 13. Accessibility of restitution claims procedures.
Principle 14. Adequate consultation and participation in
decision-making.
Principle 15. Housing, land, and property records and
documentation.
Principle 16. The rights of tenants and other non-owners.
Principle 21. All refugees and displaced persons have the
right to full and effective compensation.
U.S. National Disaster Recovery Framework
Intermediate Recovery Activities involve returning individuals and
families, critical infrastructure, and essential government or commercial
services back to a functional, if not pre-disaster, state. Such activities are
often characterized by temporary actions that provide a bridge to
permanents measures.
– Providing accessible interim housing (in or outside affected area depending on
suitability) and planning for long term housing solutions.
– Returning of displaced populations and businesses if appropriate.
Long-term Recovery is the phase of recovery that follows intermediate
recovery and may continue for months to years. The goal underlying long-
term redevelopment is the impacted community moving toward self-
sufficiency, sustainability, and resilience.
– “Addressing recovery needs across all sectors of the economy and community,
and addressing individual and family recovery activities and unmet needs.” (NDRF,
2010)
Key Definitions
• Evacuee : An informal term referring to a person who is withdrawn from a place
of danger or disaster area. Although post-Katrina displaced persons consisted of both persons who were officially evacuated from the city, as well as persons voluntarily fleeing, we use the term evacuee to refer to all displaced populations.
• Informal landholders : those who occupy or use land without formal
recognition or protection from the law.
• Internally displaced persons : “Persons or groups of persons who have
been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.” (UN, 2004)
• Livelihood : The natural, physical, financial, and social capital, which together
determine the living gained by an individual or household.
• Tenure : The relationship, whether legally or customarily defined, among people,
as individuals or groups, with respect to land or property.
• Tenure insecurity : The uncertainty that a person’s rights to land or property
will be recognized by others and protected in cases of specific challenges.
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