The document discusses applying an international rights-based framework for internally displaced persons (IDPs) in the United States after natural disasters. It argues this would provide a more inclusive national disaster recovery framework by enabling displaced individuals access to long-term recovery. Key factors that exacerbate tenure insecurity for renters and informal landholders before and after disasters are discussed. International examples of displacement from disasters and frameworks to protect tenure security and the right to return are also presented, along with recommendations to implement tenure security and restitution nationally, state-wide, and locally after future US disasters.

1. MET UA 805 Boston Urban Symposium May 9, 2011 Lizbeth Bello, Ashley Fears, Shan-Yi Lin, Jennifer Stendel, & Elizabeth TaylorPhoto Credit:(top) KatrinaDestruction(bottom) UNHCR Access to Recovery : Planning for Internally Displaced Persons in the United States

2. Introduction UA805 Symposium 2011Access to RecoveryGroup OneSource: The New York Times

3. Introduction Informal landholders :those who occupy or use land without formal recognition or protection from the law.

4. Land Tenure : the relationship between people and land or property, as defined by laws or customs.

5. Tenure insecurity : the uncertainty that a person’s rights to land or property will be recognized and protected.Photo Credit (both): KatrinaDestruction

6. IntroductionWe argue that the application of an international rights-based framework in the United States would provide a more inclusive national disaster framework, enabling displaced individuals to access long-term recovery. Photo Credit: KatrinaRitaVille Express

7. Vulnerability & ResiliencyUA805 Symposium 2011Access to RecoveryGroup OneFactors that exacerbated existing tenure insecurity (Pre- & Post-Katrina) :

8. FrameworkUA805 Symposium 2011Access to RecoveryGroup OneInternally Displaced Persons (IDPs)“Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.” (UN, 2004)Photo Credit: Southern StudiesPhoto Credit: Black Agenda Report

9. Framework UN Pinheiro PrinciplesPrinciple 2: The right to property restitution.Principle 10: The right to voluntary return.Photo Credit: SFBayview

10. FrameworkU.S. National Disaster Recovery Framework (NDRF)“Recovery is not only about restoration of structures, systems, and services, although they are critical. A successful recovery is also about individuals and families being able to rebound from their losses, and sustain their physical, social, and economic well-being. The shared recovery objective should always be to empower people to recover from disasters by assisting them with compassion and providing them the opportunities and tools to meaningfully participate and contribute to the recovery effort.” (FEMA, 2010)Photo Credit: Arctic CompassPhoto Credit: Frecklescassie

11. International ExamplesUA805 Symposium 2011Access to RecoveryGroup One Indian Ocean Tsunami December 26, 2004 Displaced millions Affected people in over 14 countriesPhoto Credit: Zimmerman

12. International ExamplesAceh & Nias, IndonesiaPhoto Credit: Flickr

13. International ExamplesPakistan Earthquake October 8, 2005 3.5 million displacedPhoto Credit: World Federation

14. International ExamplesPhoto Credit: Flickr

15. International ExamplesAngola

16. Armenia

17. Azerbaijan

18. Bosnia

19. Burundi

20. Colombia

21. Georgia

22. Guatemala

23. Liberia

24. India

25. Indonesia

26. Iraq

27. Nepal

28. Pakistan

29. Russia

30. Serbia

31. Sri Lanka

32. Sudan

33. Tajikistan

34. Turkey

35. UgandaTenure Insecurity & Key RecommendationsUA805 Symposium 2011Access to RecoveryGroup One“Land is fundamental to the recovery from natural disasters. It provides a site for shelter, a resource for livelihoods, and a place to access services and infrastructure.”(UN-HABITAT, 2010)Photo Credit: Flickr

36. Tenure Insecurity & Key RecommendationsVulnerability of Renters& Informal LandholdersApplying an International FrameworkNatural DisasterLong-Term Recovery:Tenure security provides access to shelter and livelihoods Pre-Disaster Vulnerabilities:DisplacementRecognizing the Pinheiro PrinciplesProtection of Tenure SecurityTenure InsecurityMonitoring and EvaluationKey recommendations to protect tenure securityRelationship between vulnerability, displacement and long-term recoveryTenure insecurity hinders the ability of renters and informal landholders to access recovery

37. Tenure Insecurity & Key Recommendations Implementation of Tenure Security and RestitutionNationalAcknowledge displacement status

38. Amend Stafford Act to include the right to tenure restitution by adopting Pinheiro PrinciplesStateProtect and restore property left behind

39. Implement property restitution programsLocalIncorporate access to affordable housing into the restitution process

40. Promote advocacy and education in the communityConclusionUA805 Symposium 2011Access to RecoveryGroup OnePhoto Credit: (clockwise from top left) KatrinaDestruction, Allvoices, UNHCR, KatrinaDestruction

41. Thank You!Questions or Comments?

42. UN Pinheiro PrinciplesPrinciple 2. The right to housing and property restitution.Principle 10. The right to voluntary return in safety and dignity.Principle 11. Compatibility with international human rights, refugee, and humanitarian law and related standards.Principle 13. Accessibility of restitution claims procedures.Principle 14. Adequate consultation and participation in decision-making.Principle 15. Housing, land, and property records and documentation.Principle 16. The rights of tenants and other non-owners.Principle 21. All refugees and displaced persons have the right to full and effective compensation.

43. U.S. National Disaster Recovery FrameworkIntermediate Recovery Activities involve returning individuals and families, critical infrastructure, and essential government or commercial services back to a functional, if not pre-disaster, state. Such activities are often characterized by temporary actions that provide a bridge to permanents measures. Providing accessible interim housing (in or outside affected area depending on suitability) and planning for long term housing solutions.Returning of displaced populations and businesses if appropriate.Long-term Recovery is the phase of recovery that follows intermediate recovery and may continue for months to years. The goal underlying long-term redevelopment is the impacted community moving toward self-sufficiency, sustainability, and resilience. “Addressing recovery needs across all sectors of the economy and community, and addressing individual and family recovery activities and unmet needs.” (NDRF, 2010)

44. Key DefinitionsEvacuee : An informal term referring to a person who is withdrawn from a place of danger or disaster area. Although post-Katrina displaced persons consisted of both persons who were officially evacuated from the city, as well as persons voluntarily fleeing, we use the term evacuee to refer to all displaced populations. Informal landholders :those who occupy or use land without formal recognition or protection from the law.Internally displaced persons :“Persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.” (UN, 2004)Livelihood : The natural, physical, financial, and social capital, which together determine the living gained by an individual or household.Tenure : The relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land or property. Tenure insecurity : The uncertainty that a person’s rights to land or property will be recognized by others and protected in cases of specific challenges.