Themes of

Access to effective mechanisms to restore housing, land and property (HLP) or to provide compensation

IDPs who have achieved a durable solution have access to effective mechanisms for timely restitution of their housing, land and property, regardless of whether they return or opt to integrate locally or settle elsewhere in the country. These standards apply not only to all residential, agricultural and commercial property, but also to lease and tenancy agreements.

Violations of IDPs’ housing, land and property (HLP) rights are often the very cause of displacement and a major obstacle to durable solutions and reconciliation. Regardless of whether IDPs return or opt to integrate locally or settle elsewhere in the country, they are considered to have achieved a durable solution if they have access to effective procedures for HLP restitution or compensation, including traditional property dispute mechanisms, and are able to reside safely and securely during the interim. Therefore these indicators should be analysed together with those on housing conditions and tenure security in location of displacement (see Module 2).

HLP related indicators should be disaggregated by sex and age. This is particularly relevant because the problems that women or orphan/unaccompanied children may face in obtaining recognition of their ownership or access to the property need special attention.

Macro-level information on issues such as the overall effectiveness and availability/accessibility of the relevant mechanisms, as well as analysis of the relevant legislative and policy context (e.g. whether the State is considering a land reform or legislation on restitution issues), should be included in the analysis.