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12-05: Post-Conflict Policies for Land Governance
Inclusive Urbanization through Evidence Based Advocacy & Innovative Approaches to Tenure Security for the Displaced in Afghanistan’s Cities
UN Habitat Afghanistan, Afghanistan, Islamic Republic of
Reintegration of displaced people is one of Afghanistan’s most pervasive issues. Recent returns from neighboring countries since the beginning of 2016 expected to exceed 1 million by mid 2017, whilst conditions internally continue to generate record level internal displacement, with current estimates placing the total caseload at approximately 1.3 million. Concurrently, Afghanistan is facing the prospect of reintegrating potentially in excess of 100,000 unsuccessful asylum seekers, as the first forced deportations from Europe commence. The displaced are predominantly drawn to the relative safety and economic opportunities of urban areas. The traditional response to an influx of the displaced has been one of exclusion to encourage return to place of origin, undermining the self-reliance and potential contributions of these groups to Afghanistan’s cities. The following article details how through an approach of evidence based advocacy, acknowledging the concerns of local decision makers and hosting areas, development actors were able to positively influence the discourse and secure a durable solution for a high profile settlement of more than 19,000 protracted internally displaced people and returnees.
Overcoming Obstacles To Land Registration Reform In Bosnia-Herzegovina Through Problem-Driven Iterative Adaptation
Queen Mary University of London, Belgium
The paper traces why and how land registration reform in postwar Bosnia-Herzegovina happened.
It seeks to explain a twenty-year transformation from a dysfunctional land registration system–a legacy of war and socialism–to one where Bosnia-Herzegovina climbed to 97th on the ease of registering property ranking in 2016. The paper uses two competing theories of institutional reform to find out which best explains this phenomenon: one where preconceived solutions are championed by reform leaders, the other where recognized problems drive coalitions to find locally appropriate solutions through trial and error–i.e. problem-driven iterative adaptation (PDIA) (Andrews2015).
It argues this was a PDIA case. The reform began once donors recognised the destabilising effects of land record opacity, and in 2002 legally imposed a new land registry law. There was not one leader or a preconceived implementation plan. Instead, iteratively and incrementally coalitions of domestic actors and donors adapted. Initially intransigent governing elites now supported implementation, seeing economic benefits in systematic clarification of land records as it opened new real estate investment opportunities. Donors accepted a non-comprehensive, piecemeal approach by phasing modernization, leaving in place significant opacity in land ownership and taxation. This case thus demonstrates the possibilities and limits of PDIA-driven land registration reform.
Protecting Future Rights for Future Citizens: Children’s Property Rights in Complex Emergencies
University of Richmond, United States of America
This paper seeks to make two major contributions to existing literature. The first is to draw attention to the problems of protecting children’s property rights during and after complex emergencies. This issue has garnered little notice in the past largely due to our view of children and childhood. In contexts where guardianship is threatened and the likelihood of becoming orphaned increases - war, famine, epidemics and natural disasters - the protection of future rights is a problem that pales in significance to the immediate needs of survival: security, food, water, shelter and medical care. Yet, if efforts are not made to protect records and memories in early days, there is a greater chance of them being lost permanently. The second goal of this paper is to suggest strategies for children’s property protection. Property rights are a legal and an economic concern of states. However, their protection in times of violent conflict and displacement becomes part of the shared responsibility of humanitarian organizations. The paper encourages the legal thinking of humanitarians and the humanitarian thinking of states.