Group 1 ua805 final

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.