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CIAO DATE: 04/06
Housing, Land, Property and Conflict Management: Identifying Policy Options for Rule of Law Programming
Agnes Hurwitz, Kaysie Studdard, and Rhodri Williams
October 2005
Executive Summary
Housing, land and property (HLP) policies should, as far as possible be addressed in conjunction to ensure that residential and land rights are dealt with more comprehensively by domestic and international actors.
There is increased recognition of the role that HLP disputes play in causing or contributing to intra-state conflict. Similarly, tensions over HLP inhibit local productivity and discourage private investment, thus hindering the development of vulnerable societies. Where the state is unable or unwilling to address HLP grievances through effective dispute resolution mechanisms and guarantees of equitable access, conflict can occur. In the wake of fighting, displacement and property confiscation add further layers of complication and grievance, frustrating efforts to negotiate and implement lasting peace settlements.
Recent policy research and lessons learned from field practice have converged on the need to consistently address HLP disputes in order to achieve both security and development goals. Opportunities to develop sound HLP policies arise in a number of settings. In development scenarios, carefully tailored measures to recognize customary land rights and devolve land administration can greatly enhance security of tenure, particularly during stressful periods of economic change. Where land relations are characterized by discrimination or inequity, redistributive measures can not only defuse political and ethnic tensions but also lead to more efficient land use. In post-conflict settings, measures to redress conflictrelated property grievances can facilitate refugee return and greatly enhance the prospects of a lasting settlement.
While it is increasingly clear that HLP conflicts in many instances threaten development and security, investments in capacity to assess such problems and respond effectively still lag behind. Housing, land and property do not receive systematic attention in the planning and implementation of international development and peacebuilding programs, especially within the United Nations system. Addressing the issue would require greater institutional commitment, including the building of capacities to plan for HLP contingencies in development and post-conflict settings, and the allocation of appropriate resources.
HLP issues should be clearly acknowledged as a core focus of rule of law programs and tackled systematically and effectively in order to break cycles of conflict and provide better conditions for social and economic development. While concerns persist that wellintentioned intervention in highly technical and context-sensitive HLP disputes can do as much harm as good, failure to invest in informed and effective approaches risks leaving the international community grappling with the symptoms rather than the causes of violent intra-state conflict.
