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 11/24

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