A/81/339
mandated to adjudicate housing, land and property claims and to issue and replace
documentation.
38. Reconstruction is frequently hampered by the destruction, confiscation, loss or
falsification of cadastres, property registries and other records proving ownership and
residency. The non-recognition of collective, customary or informal tenure may
further complicate return and exclude displaced persons from reconstruction
programmes. In disaster-affected settings, planned relocation has in some cases left
relocated communities feeling insecure when their housing award lacked ownership
specifications, exposing them to eviction. 43 The secondary occupation of homes,
where affected persons resort to abandoned buildings or informal settlements as a
survival strategy, poses a further challenge: its resolution requires safeguards for
occupants against arbitrary eviction and homelessness alongside the restitution of the
original owner.
39. A number of practices have been implemented to address these challenges. In
Kosovo, 44 following the 1998–1999 conflict, the Housing and Property Directorate
and its successor institutions developed an alternative evidence framework allowing
claimants to establish ownership through witness testimony, secondary documents
and historical records, resolving more than 70,000 claims between 1999 and 2019. 45
Land tools have also been adapted from development contexts to mass devastation
settings. The social tenure domain model 46 uses community mapping based on
pre-conflict or pre-disaster satellite images to link people to spaces and identify
pre-existing buildings where destruction is heavy, while the fit-for-purpose land
administration approach offers a participatory method for recording all types of tenure
rights where registries are inaccurate or missing. 47 In Colombia, the Constitutional
Court held in 2012 that no eviction may be carried out unless the territorial authority
first guarantees temporary shelter in dignified conditions and the household’s
inclusion in a housing pathway leading to a permanent solution. 48
40. Particularly in post-conflict settings, dedicated, accessible and adequately
resourced housing, land and property dispute resolution mechanisms are
recommended. Local and traditional dispute resolution mechanisms can also play a
role but may, in certain cases, perpetuate power asymmetries. Women face heightened
risks of discrimination and exclusion in reconstruction-related housing, land and
property processes, including in relation to inheritance, ownership, tenure, restitution
and compensation, particularly where informal or customary dispute resolution
mechanisms reinforce discriminatory norms and practices. This can be mitigated by
treating customary justice as a mechanism of first instance or by hybrid mechanisms
where officials sit with customary leaders and ensure that decisions respect national
law and international standards. Training for traditional dispute resolution actors in
mediation, arbitration, non-discrimination and women’s rights contributes to
improving outcomes. 49
41. Reconstruction frameworks cannot guarantee housing, land and property rights
without broader legal reform. In the Syrian Arab Republic, transitional authorities
__________________
43
See A/HRC/56/47.
References to Kosovo shall be understood to be in the context of Security Council resolution
1244 (1999).
45
See https://unmik.unmissions.org/sites/default/files/regulations/02english/E2000regs/RE2000_
60.htm; and https://omik.osce.org/sites/default/files/f/documents/2/7/454179.pdf .
46
See https://stdm.gltn.net/.
47
World Bank and International Federation of Surveyors, Fit-For-Purpose Land Administration
(2014); and A/HRC/47/37, para. 78.
48
Submission from the Ombudsman’s Office.
49
See A/HRC/47/37.
44
26-12053
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