HOUSING TIMOR An IDP-Plus Strategy to End the Displacement Crisis in Timor Leste Submitted by Displacement Solutions and UN-HABITAT

Transcription

1 HOUSING TIMOR An IDP-Plus Strategy to End the Displacement Crisis in Timor Leste Submitted by Displacement Solutions and UN-HABITAT 30 September 2007

2 CONTENTS 1. Executive Summary 2. Recommendations 1: Generate Bi-partisan Political Support for Solving the IDP Crisis Support the establishment of a Parliamentary Commission on Durable Solutions for IDPs Obtain an All-Party Statement from both Government and Opposition expressing support for the return of IDPs to their homes or other places of their choice Promote the adoption of a Declaration of Principles on IDP Return 2: Establish the Housing Timor Office Establish the Housing Timor Office to assist in the coordination and implementation of durable solutions for returning IDPs and host communities Establish the IDP Durable Solutions Fund 3: Expand and Clarify Solutions for IDPs Prioritise the Voluntary Resettlement of IDPs from Jardim, National Hospital and parts of Metinaro Camps to new transitional housing and/or new camps by December Upgrade Camps and Review Camp Management Arrangements Expand the Transitional Housing Programme with an additional 1,000 transitional housing units constructed by March Establish a Restitution and Rehousing Unit within the Housing Timor Office Establish a Host Community Incentive Programme Establish a Community Security Programme Develop a Clear and Fair Policy on Secondary Occupants of IDP Homes 4: Develop Mass Public Information Campaigns The No more burning, time for building Campaign The Building homes, building a nation Campaign The Housing rights, housing choices Campaign Housing Timor Final Report - 30 September 2007 Page 2 of 21

3 4.4 - The Return dialogue justice Campaign The Make your claim Campaign 5: Augment the Human Rights Agenda Assist in the Development of the Principles on IDP Return Promote Pro-Poor Housing Rights Legislation Build Capacity in Support of Economic, Social and Cultural Rights Promote Implementation of the Findings of the UN Independent Special Commission of Inquiry for Timor Leste Ensure that Arsonists are Subject to Criminal Prosecution 6: Resolve Outstanding Land and Property Issues Adopt a Revised Law Concerning the Juridical Regime of Immovable Property Equitably Complete the Land and Property Claims Process Ensure Adequate Monitoring of Implementation of the Law Concerning the Juridical Regime of Immovable Property 7: Begin Consideration of a National Integrated Housing Programme The GoTL Should Adopt a National Housing Action Plan 8: Introduce Enabling Measures to Support Housing Development 3. Budget The GoTL should introduce a programme of measures to support and facilitate the development of the National Integrated Housing Programme Implementation of Recommendations, 1 October September 2009 and Indicative Budget for Recommendation 3 - Expand and Clarify Options for IDPs 4. Chart Proposed Institutional Framework for the Housing Timor Office Housing Timor Final Report - 30 September 2007 Page 3 of 21

4 1. EXECUTIVE SUMMARY 1. The internal displacement crisis in Timor Leste is widely viewed as a serious threat to political and social stability and as a serious humanitarian concern affecting tens of thousands of citizens. Successfully resolving the IDP crisis is seen by all relevant actors in the country Government, Opposition and the international community - as a prerequisite for improved security, political stability and maturity, and the broader enjoyment of human rights. 2. This document outlines a series of eight concrete recommendations (and accompanying sub-recommendations) designed to successfully resolve the IDP crisis. These measures will greatly assist in generating longer-term and much needed concrete steps in wider efforts to generate awareness of economic and social rights, and to secure, in particular, the housing, land and property rights for everyone in Timor Leste. The processes proposed here can thus be understood as an IDP-Plus approach, which focuses on IDP concerns as a means of providing both a resolution to this national crisis and a much needed stimulus to the country s residential sector. 3. The complexity of the IDP crisis in the country, the nature of its causes and its increasingly political nature, combined with national political inertia and uncertainty, indicate that a flexible, case-by-case approach to providing durable solutions to all displaced persons will be required. This approach will be grounded in a broader policy framework dedicated to the same ends. As such, an immediate and comprehensive durable solution for all IDPs prior to the onset of the rainy season in December 2007 will not be feasible. 4. However, if the recommendations contained in this document are implemented with haste, and backed by the necessary political will of the Timor Leste Government and Opposition, and both national and international resources, it will be possible to provide at least transitional solutions to the vast majority of IDPs currently in camps in Dili over the short-term (six months), and longer-term durable solutions for all IDPs within two years, if not before. 5. In order for all IDPs to be able to voluntarily access durable solutions which are consistent with their wishes, needs and rights, in particular the right to have restored to them the housing, land or property from which they fled, the range of options available to them must be deliberately and rapidly expanded. The expansion of options will require not only new institutional frameworks and political agreement across party lines, but also intensive attention to a plethora of security concerns which are widely held by the IDP population. While the political dimensions of security need to be resolved at the political level by the Government of Timor Leste (GoTL) and Opposition, a series of specific and targeted measures to build confidence in IDP communities, and in areas of return, will be crucial for feasible durable solutions to emerge, both within Dili and throughout the country. 6. In addition, changing public opinion on the meaning of home and transforming housing from its current status as a primary target in the expression of political grievances through the criminal acts of arson and wanton destruction of property, into the place of security, sanctity and privacy that it should be, needs to receive high-level political attention. The massive destruction of housing in Timor Leste at many points in time during the past thirty years, the even more massive trauma of displacement faced by the nation as a whole during the past three decades, and the manner by which this collective trauma perpetuates the collective psychology that leads so easily to violence and displacement needs to be understood and taken seriously by policy-makers. The housing sector needs to be fundamentally transformed Housing Timor Final Report - 30 September 2007 Page 4 of 21

5 into something sacred, a commodity and a right that must be fully protected by the organs of State and communities and something to which all Timorese are entitled as a matter of human rights. Indeed, in the broadest possible terms, housing as both a process and a place to live can become a strong and symbolic means of unifying the nation, quite literally building wealth and prosperity, and improving the day-to-day living conditions in which people live. Developing community-driven processes to achieve a change in attitude and policy towards housing will not only assist in resolving the IDP crisis, but will substantially help to bring the nation to the next level of economic and social development. 7. Durable solutions for IDPs will also be facilitated if some currently held influential views on urbanisation, particularly a perceived reluctance at the highest echelons of Government for Dili s population to grow further, are reconsidered in light of widespread international understanding that cities and the urbanisation process that guides them are in general positive drivers of national economic progress and political stability. Changing political perceptions of urbanisation - including a careful review of the human rights implications of the Dili Master Plan, including the impact this Plan could have upon providing durable solutions to all IDPs, will be vital not only to assist in the resolution of the IDP crisis, but also for the rapid improvement of housing, land and property conditions throughout the country as a whole. The return of IDPs to urban areas will be supported by the upgrading of informal settlements, contributing to a more sustainable city. 8. Following a three-month process of investigation, including over 100 meetings focusing on the challenge of resolving the IDP question, the joint Displacement Solutions and UN-Habitat Mission has developed eight specific recommendations which it believes will best assist in resolving the IDP crisis in Timor Leste in the most rapid, reasonable and equitable manner possible under present circumstances, consistent with Timor Leste s human rights obligations. These are: Recommendation 1: Generate Bi-partisan Political Support for Solving the IDP Crisis A new, all-party Parliamentary Commission should be formed by 15 October 2007 and should promptly issue a Joint Statement expressing support for resolving the IDP crisis, leading to the adoption of a Declaration of Principles, grounded in international law and best practice, guiding the resolution of all IDP situations in the country, both in Dili and elsewhere. Recommendation 2: Establish the Housing Timor Office A new institutional framework is urgently required to coordinate and tackle the IDP crisis. To achieve this, a new Housing Timor Office should be approved, and formally attached to the Deputy Prime Minister in his function as Coordinator of the Inter-Ministerial Committee on Internal Displacement. This new body should be entrusted with overall responsibility for identifying and implementing durable solutions for all IDPs. It should be established immediately and maintain a Secretariat staffed by both international and national staff members. The Housing Timor Office should have fast-track spending powers, with funds provided by both the international community and the national budget. Recommendation 3: Expand and Clarify Solutions for IDPs Urgent attention needs to be given to expanding the short-term and durable solutions available to IDPs, which are now largely restricted to remaining in camps or moving to transitional housing. Specific steps need to be taken to facilitate the return of IDPs to their original homes, through a combined series of measures which build upon community mediation and reconciliation efforts in areas of Housing Timor Final Report - 30 September 2007 Page 5 of 21

6 return, the provision of building grants for returnees and the development of a new Host Community Incentive Programme. In order to expand options further for those currently unable to return to their former homes, an additional 1000 transitional housing units should be constructed by December The UNCT should urgently request the GoTL to identify ten suitable land sites in Dili by 15 October Recommendation 4: Develop Mass Public Information Campaigns Five specific public information campaigns should be carried out to assist in generating public and IDP support for identifying and implementing durable solutions for all IDPs. These include campaigns on the need to end house burning/arson, the direct links between housing and the building of national unity and others. Recommendation 5: Augment the Human Rights Agenda The GoTL, through both domestic and international laws binding upon it, has recognised a wide range of housing, land and property rights, as well as broader economic and social rights. A series of measures should be taken to raise the profile of these rights within the country and to develop the mechanisms and capacity for ensuring the full realisation of these rights within the shortest possible time-frame. Recommendation 6: Resolve Outstanding Land and Property Issues While a range of vital land and property issues remain unresolved, consideration should initially be given to the adoption of a revised version of the draft Law on Immovable Property and to re-opening the restitution claims process. Recommendation 7: Begin Consideration of a National Integrated Housing Programme The steps taken to resolve the IDP crisis should be seen as the initial steps of a broader process to quick-start longer-term, and desperately lacking, measures designed to provide an adequate supply of housing to everyone within Timor Leste. These measures should form the basis for the eventual establishment of national Government capacity to address housing issues (which are currently absent), through programmes of housing upgrading, land allocation and release, housing finance and large-scale housing construction. Recommendation 8: Introduce Enabling Measures to Support Housing Development Prioritising the housing sector and large-scale housing construction will not only provide new and much needed social housing resources for the nation, but will also directly provide largescale employment, assist in generating a national construction and building material production capacity, and help to improve the provision of water, sanitation and electricity. Prioritising these support measures within GoTL policies and programmes should be facilitated by the international community. Budgetary Implications 9. The recommendations contained in this report will require a short-term, six-month budget of US$ 6,360,000 (1 October March 2008), and an additional US$ 37,525,000 to be sent from 1 April September These funds should be provided by both the international community and from the GoTL national budget, and be allocated by the Housing Timor Office. Housing Timor Final Report - 30 September 2007 Page 6 of 21

7 2. RECOMMENDATIONS Recommendation 1: Generate Bi-partisan Political Support for Solving the IDP Crisis 10. Given the clear wishes of all major actors to ensure the provision of durable solutions to IDPs, the IDP crisis will be resolved if all political actors the GoTL, Opposition and the international community publicly express their support and come to an agreement on the main principles to be adopted on the IDP situation, particularly the question of voluntary return and restitution. Technical solutions to the crisis must be backed up by continually expanding political goodwill and awareness-raising amongst IDPs and host communities of the rights and responsibilities of different participants in the process. Recommendation 1.1: Support the establishment of a Parliamentary Commission on Durable Solutions for IDPs 11. An all-party Parliamentary Commission should be formed within one month as a platform from which to build national unity and to provide expressions of all-party support for a resolution to the IDP crisis. Recommendation 1.2: Obtain an All-Party Statement from both Government and Opposition expressing support for the return of IDPs to their homes or other places of their choice 12. The present political impasse, widespread security concerns, feelings of injustice within the IDP community and the lack of a common policy are all key contributing factors to the reluctance of IDPs to leave the camps and return to their original homes. A clear political message by all political parties, based on meaningful dialogue with and the participation of the IDP community, will assist in breaking through this deadlock and encourage the IDPs to embrace both short-term and durable solutions for their return or movement to places of their choice, as long as any such movement is done in a legal manner. The All-Party Statement should be developed and approved by mid-november 2007 and then be swiftly communicated to all IDPs and host and neighbouring communities nationwide, including through visits to IDP camps by an all-party delegation. Recommendation 1.3: Promote the adoption of a Declaration of Principles on IDP Return 13. Flowing from the All-Party Statement, the Parliamentary Commission should strive to reach a consensus within two months on the rights of IDPs and the specific measures required to facilitate return, elaborated by a Declaration of Principles on IDP Return. Based on the premise that durable solutions to the IDP crisis will be found within a two-year period, the Declaration should cover issues regarding the right of IDPs to return to their former homes in anticipation of the Immovable Property Law, financial and housing/reconstruction benefits for IDPs and host communities, restitution processes and security and justice assurances. 14. The international community can assist in this process by backing the Parliamentary Commission, and providing drafting support to ensure the contents of the Declaration are fully consistent with relevant international rules and principles, most notably the UN Pinheiro Principles on Housing and Property Restitution for Refugees and Displaced Persons (see Box 1). Housing Timor Final Report - 30 September 2007 Page 7 of 21

8 Box 1: Suggested Guiding Principles for IDP Return Options for IDP restitution, return and resettlement should be developed with the participation of IDPs as well as representatives of local communities and other stakeholders Any person or family involuntarily displaced throughout the country should be classified as an IDP IDPs should be provided with as many options as possible Return and resettlement should be based on the voluntary participation of IDP households Restitution should in principle be prioritised, though other options may be provided Those IDPs returning to previously occupied houses as part of a restitution programme should be provided with an interim document guaranteeing temporary right of possession, prior to implementation of a full urban land titling programme Local communities reintegrating returning IDPs should benefit from improvements to public infrastructure and local housing stock Government, UN agencies and other stakeholders should reinforce local mediation efforts in order to support IDP return Recommendation 2: Establish the Housing Timor Office 15. Given the current limitations in national institutional capacity to promote durable solutions for IDPs, the prevailing lack of coordination between existing housing, land and property institutions found within several GoTL Ministries and non-governmental organisations, and the poor historical track record of the GoTL to implement plans and allocated public expenditure in a timely manner, it is imperative that a new coordinating body be established in order to plan, coordinate and champion the approaches outlined in this document, including both urgent and longer-term programmes to resolve the IDP challenges facing Timor Leste. Recommendation 2.1: Establish the Housing Timor Office to assist in the coordination and implementation of durable solutions for returning IDPs and host communities 16. The recent establishment by the GoTL of an Inter-Ministerial Committee on Internal Displacement under the chairmanship of the Deputy Prime Minister, and comprised of the Ministers of Social Solidarity, Justice, Infrastructure, State Administration and Civil Security, is indicative of the importance accorded to the IDP question by the GoTL. 17. The international community can best provide direct assistance to the Inter-Ministerial Committee through the creation of a new body the Housing Timor Office attached directly to the office of the Deputy Prime Minister. The Housing Timor Office will coordinate implementation of the programme for return of IDPs, based on the principles established in the Declaration of Principles on IDP Return and other relevant human rights standards and the direct inputs of the IDP community. The Inter-Ministerial Committee will constitute the Steering Committee of the Housing Timor Office. The core task of the Housing Timor Office will be to coordinate the various ministries, governmental agencies, international agencies and NGOs involved in implementation of the IDP return and community integration programmes. 18. The Office will be managed by a National Project Director, assisted by a team of international advisors with expertise in housing, land and property, justice, restitution, housing finance and mass communication. Initially, a forward-staff team of two international Housing Timor Final Report - 30 September 2007 Page 8 of 21

9 and two national staff, in addition to local administrative support, would be sufficient for the Housing Timor Office in the six month period October 2007 to March The Housing Timor Office is expected to cover the costs of coordinating and delivering housing and other benefits to the beneficiaries, but not the costs of housing units provided by the GoTL. 20. With the assistance of UNMIT and other relevant agencies, the Housing Timor Office should develop an HLP Priority Programme outlining special measures and programmes for vulnerable groups, including children, physically and mentally disabled persons, elderly persons, women-headed households, veterans and others. 21. It is further envisaged that the Housing Timor Office will lay the institutional groundwork for what will over time become a continually expanding housing programme for Timor Leste, based on the principles set out in the National Housing Policy and relevant human rights standards. While IDPs in the camps are the most visible groups currently in need of housing and housing reconstruction and repair, there are tens of thousands of families who are not currently considered to be IDPs but have at one time been displaced or otherwise lost their homes, the vast majority of whom do not currently have access to adequate housing resources. Over time, the Housing Timor Office should develop the capacity to address these unmet needs. 22. If approved, the detailed arrangements of establishing the Housing Timor Office will be worked out in a project formulation phase immediately upon agreement of the recommendations contained in this document. Recommendation 2.2: Establish the IDP Durable Solutions Fund 23. It is vital, given the historical track record of budgetary spending in Timor Leste, that the Housing Timor Office be given fast-track spending authority and have responsibility for allocating funds from an IDP Durable Solutions Fund that will be comprised of funds from both the international community and the GoTL national budget. The Office will channel international funds to the implementing agencies and beneficiaries and assist the GoTL to spend funds accordingly. Recommendation 3: Expand and Clarify Solutions for IDPs 24. The Housing Timor Office will formulate and implement immediate responses to the IDP crisis, while simultaneously establishing the basis for longer-term, durable solutions for the entire IDP community. One of the Housing Timor Office s primary tasks will be to expand and clarify the options available to IDPs beyond resettlement to transitional housing. Concrete steps in seven discrete areas will be required and are detailed below, divided into short-term and durable solutions. A. SHORT-TERM SOLUTIONS Recommendation 3.1: Prioritise the Voluntary Resettlement of IDPs from Jardim, National Hospital and parts of Metinaro Camps to new transitional housing and/or new camps by December 2007 Housing Timor Final Report - 30 September 2007 Page 9 of 21

10 25. While many IDP camps are considered to be in need of improvement, the Jardim, National Hospital and parts of Metinaro (see Box 2) camps are particularly prone to flooding and present an urgent health risk to camp dwellers with the onset of the rainy season. Consequently, IDPs within these camps should be accorded priority attention for transitional housing by the Housing Timor Office. Vulnerable households should be identified and prioritised for resettlement with the support of UNICEF, WFP and other agencies. Residents of other camps identified as 'at risk' by the Water and Sanitation Working Group, including Airport Camp and camps in the districts, should be resettled after the needs of these three camps have been addressed. Recommendation 3.2: Upgrade Camps and Review Camp Management Arrangements 26. A programme of camp upgrade and related review of camp management services should be undertaken for all existing camp dwellers by mid-november 2007 by the Ministry of Social Solidarity, supported by the international community. The quality of camp management is mixed, and common standards of management, service provision, protection, and registration to support the restitution and rehousing process should be developed as a matter of priority. Revision of feeding programmes will be an important part of this process. Box 2: Metinaro Camp The situation in Metinaro Camp is particularly problematic, due to poor living conditions within the camp and conflicts between IDPs and the local host community. Hundreds of local people have themselves become displaced due to violence in August Local people accuse police of lacking the will to identify and arrest those responsible for violence and house-burning. The majority of IDP tents are in very poor condition, and water supplies are limited, with a resulting impact on health and hygiene. In the rainy season the camp becomes quickly flooded, as highway culverts and seasonal river channels are often blocked. Regular visits from a mobile health clinic are insufficient. The capacity of the local school is also very limited, with large numbers of IDP pupils increasing local tensions. Because of a lack of income-generating activities, many IDPs survive by cutting trees in the vicinity and selling firewood in Dili. Others trade in the local market, which has increased local economic competition and led to violent incidents between IDPs and locals. Recommendations: Temporary efforts to improve the situation of the IDPs and the host community should be undertaken immediately, including increased presence of NGO personnel in the camp, improvements to IDP shelters, rehabilitation of local irrigation and flood-control channels, provision of a temporary school in the camp, provision of adequate potable water for IDPs and the host community, and provision of a transitional but stationary medical facility. Environmentally sustainable energy solutions for cooking should be identified in order to reduce the use of firewood. These temporary solutions should be implemented as an integral part of intensive peace mediation efforts facilitated by a conflict resolution specialist and placed in the context of immediate actions towards permanent solutions to the crisis. Recommendation 3.3: Expand the Transitional Housing Programme with an additional 1,000 transitional housing units constructed by March 2008 Housing Timor Final Report - 30 September 2007 Page 10 of 21

11 27. The Norwegian Refugee Council (NRC) and the GoTL have to date delivered 562 transitional shelter units in Becora, Tasi Tolu, Karantina and Hera. In order to facilitate the closing of selected camps and to increase housing options available to IDPs not yet able to return to their former homes, the transitional housing programme managed by the NRC should be expanded by at least 1,000 units. The GoTL Land and Property Unit should identify ten State land sites in Dili which are suitable for the construction of these units. This would allow an average 1,500 IDP households per annum to pass through the transitional housing units prior to accessing restitution or rehousing programmes. These transitional shelters would at a later date be converted for use in the public interest, such as student housing. If any of the land sites identified for new transitional housing are located away from urban centres, a government-funded transportation service should be provided at no cost to camp dwellers. B. DURABLE SOLUTIONS Recommendation 3.4: Establish a Restitution and Rehousing Unit within the Housing Timor Office 28. Because one-size-fits-all solutions to the IDP situation in Timor Leste are simply not feasible, it will be necessary to create a specific body within the Housing Timor Office to provide assistance to IDPs wishing to return voluntarily to their original homes and to those wishing to resettle elsewhere. Such a restitution process should, therefore, be coordinated by a new Restitution and Rehousing Unit (RRU). Once established, the RRU will act as the responsible agency within the Housing Timor Office for facilitating case-by-case durable solutions involving either restitution to original homes or the provision of rehousing options. Together with the Ministry of Social Solidarity, an IDP registration tool focused primarily on the expressed wishes of each family should be developed based on on-site visits with all IDP households, including those who are not currently living within camps. Once registration is completed, the RRU will be capable of conducting conflict vulnerability assessments for specific areas, providing comprehensive case management, authorising rehousing benefits and developing and implementing individual rehousing plans to facilitate restitution, resettlement to the districts, insertion in a host community or moves to new bairos. The RRU would recruit personnel with expertise in gender and conflict resolution, and would work in cooperation with existing efforts at peacebuilding and local dialogue. Recommendation 3.5: Establish a Host Community Incentive Programme 29. The Housing Timor Office should develop a Host Community Incentive Programme which would assist IDP households wishing to exercise their right to restitution to their original homes with the provision of reconstruction grants enabling them to repair their former homes and to replace essential housing items lost during their displacement. In order to avoid further social jealousy and discontent amongst surrounding communities which is viewed by many as a key motivation behind house burnings and subsequent displacement it will also be necessary to introduce housing repair grants and other incentives to the immediate neighbours of IDPs. Through the establishment of a new Host Community Incentive Programme, housing, employment and community improvement benefits can be provided to communities which openly and genuinely accept the return of IDP households. The Programme will build upon the experience of the UN-HABITAT-supported Dili Upgrading Programme, and work closely with existing community dialogue and peacebuilding efforts. Recommendation 3.6: Establish a Community Security Programme Housing Timor Final Report - 30 September 2007 Page 11 of 21

12 30. For voluntary return to be effective, it will be vital that appropriate measures are taken to ensure that restitution can be carried out in an environment of safety and security. Local chefes de suco and chefes de aldeias should be assisted to ensure community safety and security in the areas over which they have jurisdiction. Areas where conflict vulnerability assessments have identified local leaders who prevented violence and who openly support dialogue and reconciliation should be prioritised. Funding should be made available to support the activities of local administrators in local dialogue and reconciliation, and local youth should be provided with employment opportunities and positions of responsibility for community security, where appropriate. Expertise from UN-HABITAT s Safer Cities initiative may be useful in this regard. 31. These efforts, combined with those of the local police and UNPOL, should go some way to improving security conditions in areas of return and around the transitional shelter sites. To bolster these efforts further, a new Community Security Programme should also be developed to bridge the gap between those responsible for security and the citizenry, many of whom are responsible for the violence that generated the current IDP crisis in Timor Leste. Direct dialogue between communities and UNPOL and local police should be facilitated. The Community Security Programme should be a priority activity of the Housing Timor Office and constitute a key part of broader community dialogue and reconciliation efforts. Recommendation 3.7: Develop a Clear and Fair Policy on Secondary Occupants of IDP Homes 32. Although the precise scale of this practice is not known, it is clear that many IDP homes are currently occupied by secondary occupants who took advantage of the empty properties immediately following the violence that caused displacement. While these secondary occupants do not possess legal rights over the properties concerned, it is nonetheless important that viable housing solutions are also found for these families, most of whom are poor and without access to adequate alternative housing if the cycle of violence and displacement is to be broken. Several actions could facilitate this process, including the provision of vacant state land for new housing. Developing programmes to ensure that secondary occupants can have access to alternative housing or land will not only bolster their HLP rights over the long-term, but will serve to reduce tensions and increase security in neighbourhoods of return. The Housing Timor Office should promptly develop a clear policy addressing these concerns. Recommendation 4: Develop Mass Public Information Campaigns 33. Five mass public information campaigns should be devised and carried out on a progressive basis to generate widespread popular support for the various initiatives designed to help end the IDP crisis. These campaigns will ensure that those targeted by and benefiting from the report s recommendations including IDP communities, host communities, those in housing need and the general public are fully informed of both the rationale for the measures taken and the details of what is involved, and that public confidence in the policies adopted is maximised. A broader aim of these campaigns will be to begin the process of changing public attitudes, promoting behavioral change and developing enhanced awareness of issues such as the illegality of destroying property, the need for dialogue and reconciliation within communities, and the right to adequate housing of every citizen of Timor Leste. Housing Timor Final Report - 30 September 2007 Page 12 of 21

13 34. The information campaigns will utilise a range of media appropriate to the specific needs of the target communities, taking into account literacy levels and differing levels of access to different media types. An indicative list of suitable items for each campaign would include: a short (1-2 min) public service announcement (PSA) for TV broadcast; a number of similar PSAs for radio broadcast; preparation and distribution of highly accessible printed materials such as brochures and posters; paid advertisements in local newspapers or magazines; and production and distribution of publicity materials such as caps, stickers and badges. Recommendation 4.1: The No more burning, time for building Campaign 35. This campaign will seek to encourage respect for housing and property and change popular attitudes on the destruction of property, so that it is widely seen as an inappropriate vehicle for the expression of political grievances and an unacceptable crime. Recommendation 4.2: The Building homes, building a nation Campaign 36. This campaign will promote the understanding that building housing, and developing durable solutions to meet the housing needs of all East Timorese, is a critical element in building strong communities and a strong nation. Recommendation 4.3: The Housing rights, housing choices Campaign 37. The campaign will promote and explain in readily accessible terms a human rights approach to housing, and the various options available to East Timorese for meeting housing needs, including those available to IDP and host communities for resettlement and restitution. Recommendation 4.4: The Return dialogue justice Campaign 38. This campaign will foster support for the community dialogue and justice measures detailed in this report as a prerequisite for IDP return and restitution occurring in a safe and secure environment, and explain and promote the Host Community Incentive Programme established under Recommendation 3.5. Recommendation 4.5: The Make your claim Campaign 39. The campaign will provide critical information to interested parties and the general public on the revamped property claims process outlined in Recommendation 6.2, including how to make a property claim and the processes available for mediating and resolving disputes arising from such claims, in cooperation with the Land and Property Directorate. Recommendation 5: Augment the Human Rights Agenda 40. Resolving outstanding HLP concerns in Timor Leste will best be served by a human rights-driven process, grounded in the housing, land and property rights provisions contained in the domestic legal framework of the country, and within the many international human rights treaties to which Timor Leste is voluntarily legally bound. The HLP sector within the country is not yet widely enough seen to constitute a key arena for the protection and promotion of human rights. Viewing and acting on HLP issues from a rights-based perspective will constitute an important means of strengthening HLP rights of all people, including the current IDP population (see Box 3). Housing Timor Final Report - 30 September 2007 Page 13 of 21

14 Recommendation 5.1: Assist in the Development of the Principles on IDP Return 41. UNMIT/OHCHR should assist the Parliamentary Commission on IDPs to develop its Principles on IDP Return, grounded in human rights law including specific instruments such as the UN Pinheiro Principles on Housing and Property Restitution for Refugees and Displaced Persons (2005) to ensure that a rights-based approach guides the durable solutions process. Recommendation 5.2: Promote Pro-Poor Housing Rights Legislation 42. Immediately following the adoption of the Immovable Property Law, UNMIT/OHCHR should promote discussion on further HLP legislation, including the possibility of legislation modeled on the Brazilian Statute of the City (2001). Recommendation 5.3: Build Capacity in Support of Economic, Social and Cultural Rights 43. UNMIT/OHCHR should expand its training initiatives on economic, social and cultural rights, specifically for government and ministerial officials, judges, lawyers and NGOs, and disseminate its recently developed monitoring tool for the promotion of such rights. Recommendation 5.4: Promote Implementation of the Findings of the UN Independent Special Commission of Inquiry for Timor Leste 44. UNMIT and UNDP should assist the Government in implementing the findings of the UN Independent Special Commission of Inquiry for Timor Leste, including prosecution of officials suspected of serious crimes and provision of reparations for those who suffered property destruction. IDPs often state that their return to homes they previously occupied depends upon the resolution of both local and national-level security problems. The judicial sector needs to prioritise and expedite the gravest cases of house burning and other crimes associated with population displacement. Linked with efforts to achieve reconciliation and peaceful return, other complementary mechanisms for accountability and redress, including reparations for destroyed or damaged homes, may also be useful. Recommendation 5.5: Ensure that Arsonists are Subject to Criminal Prosecution 45. UNMIT/OHCHR and UNDP should assist the judicial sector to prioritise and expedite prosecution of house-burning and other crimes associated with population displacement. Rapid and effective prosecution will provide a strong disincentive for further violence. Recommendation 6: Resolve Outstanding Land and Property Issues 46. It is widely recognised that a successful resolution of the IDP challenges facing the GoTL must be seen as part of larger efforts to protect and respect all relevant housing, land and property rights. The many outstanding land and property issues such as ongoing land and property conflicts and disputes, the absence of a fully functioning HLP claims and resolution process, the lack of a comprehensive legal framework that clearly delineates the ownership and control of land and property, and the lack of a functioning cadastre on land ownership, Housing Timor Final Report - 30 September 2007 Page 14 of 21

15 possession and other recognised rights all contribute to complicating the implementation of durable solutions for IDPs even further. This situation has led to widespread tenure insecurity in the urban centres, especially Dili, and has been identified by many as a key cause of the 2006 civil unrest and as a likely driver of future conflict. This highly irregular land and property situation also complicates the implementation of durable solutions for IDPs and needs to be addressed if durable solutions are to be implemented. Box 3: Relevant Human Rights Principles Some of the key national and international human rights principles relevant to resolution of the IDP crisis and broader housing, land and property issues in Timor Leste include: The provisions of the Constitution of the RDTL guaranteeing rights to adequate housing, property and livelihood. The UN Guiding Principles on Internally Displaced Persons The UN Pinheiro Principles on Housing and Property Restitution for Refugees and Displaced Persons The right to adequate housing enshrined in Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) General Comments No. 4 (Right to adequate housing), No. 7 (Forced evictions) and No. 15 (Right to water) adopted by the UN Committee on Economic, Social and Cultural Rights Recommendation 6.1: Adopt a Revised Law Concerning the Juridical Regime of Immovable Property 47. The adoption of a land law to regularise occupancy rights and secure land tenure will be a crucial first step in addressing the current situation of tenure insecurity and providing legal clarity with respect to land and property relations in the country. Undertaking such steps would also send a forceful political signal that the newly elected Parliament is ready to tackle long-standing and difficult legislative issues. 48. At the same time, it will be important to ensure that the Law will not hinder the implementation of durable solutions for IDPs, and that its application will not result in unexpected negative side-effects such as large-scale forced evictions or the concentration of land into an increasingly small political and economic elite. 49. To ensure that such negative consequences are avoided, the UNCT should provide technical support to the Government of Timor-Leste for the final revision of the current land law draft prior to its approval. Such final review should consider simplifying the criteria for granting tenure rights and prioritise protected rent schemes and social housing solutions versus private ownership. It should also suggest the building in of safeguards to prevent use of the law as a means to obstruct the enjoyment of HLP rights by the urban and rural poor, including IDPs. Additional efforts should be made to ensure that the draft Law: establishes a transparent and clear legal regime and a dispute resolution mechanism that is simple, fair and accessible to all vulnerable groups in society, including IDPs; that the provisions of the law are unambiguous and easy to understand; that customary rights are safeguarded; that no arbitrary or unlawful forced evictions take place as a consequence of the law; that it allows for different property regimes in rural and urban areas to reflect different realities and needs; and that it enshrines the rights of women to obtain, own and transfer title on full equal Housing Timor Final Report - 30 September 2007 Page 15 of 21

16 footing with men. Recommendation 6.2: Equitably Complete the Land and Property Claims Process 50. Although Law 01/2003 was designed to facilitate the consideration of outstanding HLP claims, it is generally considered that this process was not sufficiently well known or resourced to have allowed all of those with such claims to actually present them for adjudication. As few of the 13,500 claims filed thus far have yet been resolved, a new claims process should be developed which ensures that all of those wishing to submit claims are able to do so and that all claims both new and old are fully resolved through: voluntary mediation by the land dispute mediation services of the Directorate of Land and Property, reinforced by certified non-governmental mediators; arbitration by the Suco Land Councils composed of one officer from the Directorate of Land and Property and two elected members of the Conselho de Suco: (the Lia Nain and one of the two female representatives in the Conselho de Suco); or the Appeal Court of Justice in case of serious violations of the law. All of these processes should be completed by the end of 2009, and a sense of legal certainty and finality on these issues communicated to the population. Recommendation 6.3: Ensure Adequate Monitoring of Implementation of the Land Law to Regularise Occupancy and Secure Land Tenure 51. Once the revised draft Land Law to regularise occupancy and secure land tenure is adopted, the UNCT and the GoTL should establish a Land and Property Steering and Monitoring Group that will include representatives from the Directorate of Land and Property, civil society, relevant government agencies and international actors, and will facilitate implementation of the Law, coordinate the efforts of the different actors, and monitor implementation of the Law, focusing in particular on its effect on the most vulnerable groups in the population, including IDPs. Recommendation 7: Begin Consideration of a National Integrated Housing Programme 52. Timor Leste is mired in a large-scale, deep and long-term housing crisis. And yet GoTL organs of State dedicated to addressing the housing needs of the urban and rural poor of the nation are effectively non-existent. The proposed Housing Timor Office is premised, in part, on the lack of an effective legal and regulatory framework in Timor Leste that prevents the emergence of conditions conducive to the large-scale construction of homes which are affordable and accessible to lower-income groups. The GoTL and the private sector must be involved in efforts to address the chronic lack of adequate housing in urban centres in Timor Leste. One concrete method of addressing these shortfalls would be the establishment of a national integrated housing programme which will provide financial incentives to public and private sector actors to construct new homes and to stimulate efforts by home-owners and existing urban and rural poor communities to improve their homes and neighbourhoods. A national integrated housing programme, based on the National Housing Policy adopted in January 2007, will facilitate the creation of conditions conducive to IDP return by stimulating the provision of new housing resources to the population as a whole, thus relieving housing and neighbourhood pressures which may exist in areas of eventual IDP return. Recommendation 7.1: The GoTL Should Adopt a National Housing Action Plan Housing Timor Final Report - 30 September 2007 Page 16 of 21

17 53. The GoTL should consider the approval of an implementation framework to facilitate the enjoyment of HLP rights found within national and international law binding on the GoTL through the adoption of a National Housing Action Plan designed to implement the National Integrated Housing Programme. In specific terms, the Action Plan should: establish a housing and community upgrading programme stimulated by GoTL grants to upgrade 5,000 homes by 2011; release state land for the construction of 10,000 dwellings through the introduction of a land allocation and release programme; and establish a GoTL-funded Social Housing Programme to deliver 4,500 good quality, affordable dwellings by The Plan will need to begin with the annual construction of an average of 1,000 homes, rising to 26,000 homes per annum within 10 years if the challenges of current population growth, the existing housing deficit and obsolescence of current stock are to be met over the next 20 years. Recommendation 8: Introduce Enabling Measures to Support Housing Development 54. Housing construction and the development of infrastructure and public services must keep pace with population growth and rural-urban migration. It is estimated that in 20 years, at present population growth trends, an additional 870,000 people in Timor Leste will require housing, employment and services. The urban development plans for Dili, Baucau and eight district centres need to be finalised, through a consultative process, bearing in mind the availability of water and land, to support population growth and the necessary planning for the health, education, retail, water, sanitation and power services required by an expanding population. The shortage of labour and materials in the country has meant there has been considerable cost escalation in materials in the past two years. Attention needs to be paid to developing local capacity in order that a sufficiently skilled local workforce can be developed and local materials produced to meet the needs of a large growth programme in residential construction activity. Recommendation 8.1 The GoTL should introduce a programme of measures to support and facilitate the development of the National Integrated Housing Programme 55. The GoTL should play a vital role in coordinating, regulating and supporting the housing sector. Key activities will involve preparation of legislation, consultation with stakeholders, further development of urban development strategies, and support to training centres. A range of measures will need to be carried out in support of expanding housing resources in the country. These will include: public consultation on a new national building code and regulations and spatial planning regulations; public consultation and review of the Dili and Baucau Master Plans by September 2008; the establishment of a workforce development programme by March 2008 to train young Timorese citizens for incorporation into a workforce capable of constructing and repairing large numbers of dwellings over the next four years; and stimulating the building materials production industry, which could employ large numbers of people and provide materials to locally produce 30% of the building materials required for a large-scale housing programme by Housing Timor Final Report - 30 September 2007 Page 17 of 21