A/HRC/16/42
developmental initiatives and become construction projects. The participation of residents
is relegated to mixing concrete or making building blocks, or worse. […] Fundamentally,
the contractor-driven approach to shelter is focused on the construction of housing units.
Yet shelter is far more than that45 ”. They also warn that: “When powerful external agents
are driving the process within an affected village, the social capital present within longstanding communities can be ignored or even damaged46”.
44.
In the case of East Timor discussed earlier, the importance and value of direct
participation of the affected population in re-establishing a system of housing, land and
property rights in the aftermath of the 1999 referendum was emphasized from an early
stage. A 2000 report to the United Nations indicated that the majority of Timorese
interviewed during a fact-finding study had confirmed the importance of involvement of
customary local dispute resolution structures in future land dispute resolution and
adjudication mechanisms, on the grounds of their persisting legitimacy in spite of decades
of conflict and dispossession and also their role as a valuable source of “information,
including details of boundaries, levels of rights and history of acquisition and loss47 ”. On
the basis of these submissions from a broad range of Timorese, the report recommended
that where feasible, existing local dispute resolution structures should be used as a crucial
first step in dealing with land, housing and property disputes. This mediation could
commence “at any of a number of levels, right down to the level of family meetings48”.
45.
These and other proposals to address housing, land and property rights through the
active participation of the affected people, and to build on existing community processes,
were not taken up by the transitional authorities or the newly independent Government. In
the aftermath of the later wave of violence, destruction and displacement of 2006-7, the
need for such involvement became prominently recognised. The five pillars of the National
Recovery Strategy included one aimed at building trust within communities and between
the people and the Government. This was in the context of urgent attempts to achieve the
reintegration and return of IDPs displaced by the violence to their communities, with the
incentive of cash compensation from the State with which they could repair their homes or
settle in alternative areas in cases where reintegration proved impossible. As part of a
Dialogue, Communications and Outreach Programme, dialogue teams were established to
manage the necessary conflict resolution, mediation and negotiation processes. This
required the participation of local authorities, youth leaders and other groupings. The
programme, which was still continuing in some communities in May 2010, incorporated the
use of customary dispute resolution practices and peacebuilding ceremonies. It is widely
regarded as having been successful and necessary for peacebuilding and the safe return of
IDPs. Women reportedly participated far more actively than men in the community
dialogue and reconciliation process. This was in contrast to the compensation payment
process, which had been male-dominated.
46.
The case of post-conflict Rwanda illustrates the use of a top-down developmental
approach to land allocation, resettlement and housing in an effort to deal with the legacy of
dispossession and displacement in the years leading up to and immediately following the
1994 Genocide. The majority of Rwandans had experience of forced displacement, either
within the country or to a second or even third country, a reality which has shaped all
subsequent efforts to manage land issues and to realize housing rights. From 1997 the
Government attempted to implement the imidugudu (villagization) model nationwide,
requiring the entire rural population of Rwanda to be concentrated in rural villages instead
45
46
47
48
Ibid., pp. 182-183.
Ibid. p. 185.
du Plessis and Leckie, J. du Plessis and S. Leckie, “Housing Property and Land Rights in East
Timor”, pp. 21 and 23.
Ibid., p. 36.
15
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