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Housing, Land and Property Rights for Somalia's Urban Displaced Women

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Housing, Land and Property Rights for Somalia's Urban Displaced Women DISplACED WOMEN’SRIGHTS TO HOUSING, LAND AND PROPERTY HOUSING, LAND AND PROPERTY RIGHTS FOR SOMALIA’S URBAN DISPLACED WOMEN Researched and written by Juliette Syn Photographs by: Juliette Syn, Evelyn Aero and Abdirisak Ahmed Aden Design and Layout: Christopher Herwig This document has been produced with the financial assistance of the EU Humanitarian and Civil Protection department (ECHO), UK Department for International Development (DFID) and the Norwegian Ministry of Foreign Affairs. The contents of this document are solely the responsibility of the Norwegian Refugee Council and can under no circumstances be regarded as reflecting the position of ECHO, DFID or the Norwegian Ministry of Foreign Affairs. The Norwegian Refugee Council (NRC) is an independent, inter- national, humanitarian non- governmental organisation which provides assistance, protection and contributes to durable solutions for refugees and internally displaced people worldwide. Acknowledgements Thanks are due to everyone who participated in the researching and drafting of this report, in particular the staff of the Information, Counselling and Legal Assistance (ICLA) Programme of the Norwegian Refugee Council in Somalia (especially Evelyn Aero and Steve Ndikumwenayo) and HQ ICLA Advisers, Monica Sanchez Bermudez, Laura Cunial and HQ HLP Advocacy Adviser Kirstie Farmer. Particular thanks go to to Munira Sulub, Khadar Qorane, Abdirisak Ahmed Aden, Liban Abdullahi, Mohamed Liban, Muktar Wardere, Anisa Nagash, Mona Mohamed, Bisharo Ali and many other members of the NRC ICLA team in Somalia who provided valuable input throughout the various stages of the research. We also extend our thanks to Wairimu Munyinyi, Nashon Tado, Muhumed Hussein, Lamin Manjang, and Elias Tadesse for their contribution. Copyright © 2016 Norwegian Refugee Council (NRC) All rights reserved. No part of this publication may be reproduced, modified, stored in a retrieval system or transmitted in any form or by any means without prior permission from NRC. For more information, please contact [email protected]. About this project, visit www.nrc.no/womenhlp. DISplACED Women’SRIGHTS TO HOUSING, LAND AND PROPERTY Housing, Land and Property rights for Somalia’s urban displaced women NRC > SOMALIA’S URBAN DISPLACED WOMEN REPORT TABLE OF CONTENTS EXECUTIVE SUMMARY 8 1 INTRODUCTION 16 1.1 Overview of NRC ICLA Somalia 18 1.2 Overview of DWHLP Research Initiative 18 1.3 Methodology 19 2 LEGAL BASIS FOR WOMEN’S HLP RIGHTS 20 2.1 INTERNATIONAL & REGIONAL LAW 22 2.1.1 ICCPR, ICESCR, & CERD 22 2.1.2 Universal Islamic Declaration on Human Rights (1981) 23 2.1.3 Cairo Declaration on Human Rights in Islam (1990) 24 2.1.4 The Pinheiro Principles 25 African Charter for Human Rights (Banjul Charter) & the Protocol to the African Charter 2.1.5 26 on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) African Union Convention for the Protection and Assistance of Internally Displaced 2.1.6 27 Persons in Africa (“the Kampala Convention”) 2.2 DOMESTIC STATUTORY LAW 28 2.2.1 Federal Republic of Somalia, Provisional Constitution (adopted August 1, 2012) 28 2.2.2 Puntland Constitution 29 2.2.3 Somaliland Constitution 30 2.3 SHARI’A LAW 31 2.3.1 Inheritance 32 2.3.2 Mahr 33 2.3.3 Marriage: Maintenance and Separate Property 33 2.3.4 Divorce: 34 2.4 CUSTOMARY LAW (“XEER”) 34 4 NRC REPORT HOUSING, LAND AND PROPERTY RIGHTS FOR SOMALIA’S URBAN DISPLACED WOMEN < NRC 3 FROM RURAL TO URBAN: NEW REALITIES, NEW CHALLENGES 36 3.1 OPERATIONAL COMPLEXITIES 37 3.1.1 Who is an Internally Displaced Person (IDP)? 39 3.1.2 The Business of Displacement: Gatekeepers in Somalia 41 3.2 LIFE IN URBAN SETTLEMENTS 43 3.2.1 Finding a Place to Call Home 43 3.2.2 Illegal Rent Demands, Unlawful Evictions, and Forced Evictions 44 3.2.3 Land Conflicts in the Settlements 48 3.3 THE STRUGGLE OF WIVES: EVOLVING FAMILY DYNAMICS 49 3.3.1 Men are “Responsible” 49 3.3.2 Working wives: More Responsibility, Less Support 51 3.3.3 Polygamy 54 3.3.4 Violence in the Home 55 3.3.4.1 The problem is economic? 55 3.3.4.2 Mine, Not Yours 56 3.3.4.3 Dialogue in the Home: “How should we spend this?” 57 3.4 HLP RIGHTS UNDER ISLAM: IN THEORY, NOT PRACTICE 59 3.4.1 Mahr 59 3.4.2 Divorce 60 3.4.3 Inheritance 63 3.5 BARRIERS TO RIGHTS AND JUSTICE 64 3.5.1 Poverty 64 3.5.2 Male-Dominated Culture and Society 67 3.5.3 Customary Justice: “Men will support men” 67 3.5.4 Customary Barriers to Courts and other Services 69 3.5.5 Fear of Violence and “Family Matters” 71 3.5.6 Legal Institutions: Understanding who does what 72 3.5.7 Perceptions of Power: Relations in the Household 74 NRC report 5 NRC > SOMALIA’S URBAN DISPLACED WOMEN REPORT 4 LOOKING FORWARD: NEW CHALLENGES, NEW OPPORTUNITIES 76 4.1 WHAT DO WOMEN WANT? 77 4.1.1 Let us be heard 77 4.1.2 Our HLP Rights under Islam 78 4.1.3 Economic Empowerment: We Want Choices 79 4.1.4 Justice, regardless of gender 81 4.2 WHAT CAN WE DO? 82 4.2.1 Help Women Be Heard: Raising Women’s Voices 83 4.2.1.1 Space to Speak 83 4.2.1.2 Access to Decision-Makers 84 4.2.2 Empower women to claim their rights 86 4.2.2.1 Increase knowledge of women’s rights 86 4.2.2.2 Increase opportunities to access rights 86 4.2.2.3 Economic Empowerment: Confidence to make choices 87 4.2.3 Increase Access to Justice 88 4.2.3.1 Linking women, religious leaders, and traditional leaders 88 4.2.3.2 Facilitate access to legal assistance in both statutory and customary forums 89 4.2.3.3 Increase impact of mediation 90 4.2.3.4 Protect women who claim their rights 91 4.2.5 Work with Government to Support Women 92 4.2.6 Implement Gender-Sensitive Programming 93 4.2.6.1 Recognise Gender Bias 93 4.2.6.2 Understand the Gender Sensitivity of Programming 94 4.2.7 Be Creative: Test New Ideas 96 4.3 LESSONS LEARNING: WHAT CAN WE DO BETTER? 97 4.3.1 Introducing Assets: Land & Shelter Interventions 97 4.3.1.1 Who owns the house: Something to fight over 97 4.3.1.2 Formalising Housing Rights: Consolidating the Bundle 100 6 NRC REPORT HOUSING, LAND AND PROPERTY RIGHTS FOR SOMALIA’S URBAN DISPLACED WOMEN < NRC 4.3.1.3 The CGI Market 101 4.3.2 Livelihood Interventions 102 4.3.3 What can we do better? 102 4.3.3.1 Identifying Risks and Messaging 103 4.3.3.2 Mitigating Strategies 104 4.3.3.3 Monitoring and Protection 105 4.3.4 The Development Gap 105 4.4 CONCLUSION & SUMMARY OF RECOMMENDATIONS 108 ANNEX 112 SOURCES 113 TABLE OF FOCUS GROUP DISCUSSIONS & INTERVIEWS 116 EXAMPLES OF HOUSE AND LAND TENURE DOCUMENTS 118 EVICTION GUIDELINES FROM MOGADISHU 119 SELECTED LEGAL TEXTS AND DOCUMENTS 120 NRC report 7 NRC > SOMALIA’S URBAN DISPLACED WOMEN REPORT EXECUTIVE SUMMARY As of January 2015, UNHCR reports indicate an estimated 1.1 million internally displaced persons (IDPs) in Somalia, a country that has endured over 20 years of armed conflict and devastating drought conditions, and that has been labeled as one of the world’s worst humanitarian crises. Similar to many other countries, land is important as both a resource for livelihood and a symbol of status; and strong arguments have been made that competition for land and other natural resources were an underlying cause of the civil wars. The various systems and rules that are used to manage and control access to land are a complex mosaic, bearing markers from the various pieces of Somalia’s history: “Xeer,” the customary rules and traditions used by Somalia’s clan-based society; “Western” style laws from the periods of colonialization by the Italian and British, as well as the predatory rule of the Barre regime; and the steady influence of Islam throughout the country’s tumultuous history. Despite decades of international assistance and intervention, Somalia still struggles to support improved livelihoods for the majority of its citizens, particularly those who are both female and displaced. The country ranks amongst the 5 least developed nations according to the 2012 Human Development Index, and is at the 4th lowest position globally on the Gender Inequality Index. The difficulties of managing and responding to displacement are exacerbating conflict and fragility, overwhelming institutional and host community capacity, and impeding inclusive growth and development. An important component of addressing these challenges remains the many facets of the treatment of land – who has access to it, who controls it, how, and the narrative of why – and the present research seeks to ensure that the needs and voices of displaced women are included in this important conversation. This study seeks to identify challenges faced by IDP women living in urban settlements to exercising their HLP rights, and offers realistic and practical recommendations for agencies to better understand and support displaced women’s HLP rights, and enable them to find durable solutions. Part II will look at women’s HLP rights in the various systems used for land management in Somalia, with emphasis on how marital property and inheritance feature under customary and religious regimes. Part III will more closely examine whether and how women are actually able to access and use these rights, and attempt to identify factors that affect their ability to do so.
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