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Securing Land Rights in Haiti: A Practical Guide

2015 World Bank Conference on Land and PovertyLiz Blake, Retired SVP Habitat for Humanity International

March 25, 2015

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Scale of Global Challenge

• Of the 1.6B who lack adequate shelter, 1B lack basic services, security of tenure and property rights, often living in unauthorized settlements

• The UN expects this to increase by nearly 37M a

year to 1.5B by 2020 and possibly 2B by 2050 • Forced evictions and market driven displacements

are increasing in many countries

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• Cornerstone of the right to adequate shelter

• Protects people against forced eviction

• Most informal settlements lack legal tenure

• Impact greatest on women

• Inheritance rights impact on women huge in case of divorce or death of spouse

Security of Tenure

The World Bank estimates that between 90-98 percent of residential land in Africa

lacks formal tenure

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• Per capita annual income is $810 • Only country in western hemisphere on “least-developed countries” list

• 80% of the population living below poverty line

• Ranked 175th out of 189 steps, time and cost involved in

registering property

• Ranked 186th based on consumption of energy, with less than 30% of households on grid, only 13% metered

Haiti Data

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60% of landowners lacked documentation pre-earthquake

~ 1,500 camps sheltering > 1.5 M internally displaced persons (IDPs) were scattered across Port-au-Prince and nearby peri-urban areas

As of 5th anniversary, on January 12, 2015, 87,000 IDPs remain in 230 urban camps

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• In 2014, Brookings/IOM found 60.9% of surveyed households displaced by the earthquake report that their overall living conditions have worsened since the earthquake

• Durable solutions including jobs for those still displaced depend on secure tenure

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• PetroCaribe’s support for Haiti hit by oil price collapse• Political instability– Forced resignation of Prime Minister in December and the

dissolution of the parliament on January 19, 2015– President Martelly governing Haiti by decree

• Current chill on economy includes impacts on potential foreign investment

• Efforts to mitigate future risks and build urban resilience limited by land tenure problems

• Rural development necessary for economic stability and to support tourism stalled

• Country-level self-sufficiency continues to be hindered by land issues

Current Conditions in Haiti

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• Land tenure is major roadblock to development• 2010 earthquake exacerbated the problem• Lack of verifiable land information hinders

reconstruction and relocation• Disproportionate impact on women and children• Weak or corrupt land management institutions

perpetuate issues

Security of Tenure in Haiti

95% of properties in Haiti lack complete documentation and formal land registration

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• Structural (bureaucracy, inadequate resources and conflicts of jurisdiction);

• Legal (inconsistent and opaque interpretations of the existing legal norms by professionals and government authorities); and,

• Access/Transparency (lack of information and knowledge at all levels of society especially women as to legal rights).

Obstacles for Security of Tenure in Haiti

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GOH - 7 Ministries & 2 Agencies Over Land

• Public Works, Transport and Communication• Economy and Finance (including DGI tax authority)• Interior and Regional Authorities• Justice and Public Security• Inter-Ministerial Com for Town & Country Planning (CIAT)• Agriculture and Rural Development• Unit for Construction of Housing & Public Buildings

(UCLBP)• Social Affairs and Labor (including EPPLS social housing)• Planning and External Cooperation

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• Finance’s General Tax Office & Public Works, Urban Planning Service are most important

• Neither has the capacity, training or resources to adequately enforce land rights, transactions, construction, planning, especially urban planning

• UCLBP key to urban development including Cannan, 180M invested by 200k squatters

• CIAT work on planning and cadastre is promising but years in the making

GOH - 7 Ministries & 2 Agencies Over Land (cont.)

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• Haiti Property Law Working Group (HPLWG) – lawyers, notaries, surveyors, international donors, NGOs, agencies of GOH, began meeting as volunteers in June 2011, sessions in English

• Intent: Build capacity and stimulate reconstruction and economic growth through transparent and standardized land processes

• Purpose: Clarify and document current procedures to buy and sell property (land and buildings) in Haiti and formalize land rights; make current procedures better known, implemented and recommend improvements

• Audience: Series of guides, tools and training for gov’t officials, donors, investors and professionals interested in development

• Funding: Initial $ from Digicel; recent USAID grant, CCHC support

Build Capacity to Clarify Haiti’s Land Rights

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Supporting Increased Capacity for Land Development

• Manual in French and English. Training materials include Kreyol

• Customary procedures identified through examples:

MAKE SURE THE BILL OF SALE IS RECORDEDSometimes the notary will have the bill of sale executed without sending it to be recorded and transcribed at the DGI. The bill is valid but does not have the same strength in case of a dispute because only the recording and transcriptions will ensure ownership with certainty….

• Increased transparency and streamlined transactions • Increased activity for housing sector and jobs creation

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Color coded step by step instructions

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Endorsed by:

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• Private Sector -high interest among bankers, real estate developers and NGOs purchasing property; demand from Haitian Chamber and AmCham; key role with PACEGI

• Public Sector – senators, ministers, judges, tax authorities, lawyers, surveyors and mayors receiving manuals and trainings; bar association an laws schools on schedule for April training

• Manual 1 in third printing

Trainings Increase Capacity

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• Now an overwhelmingly Haitian, diverse, cross-sectoral group of professionals and institutions, strong international representation

• Legitimized itself over time by generating and disseminating authoritative resources to address land rights issues

• HPLWG supports capacity development in the professions, government institutions and judiciary to improve land systems

• Manual 1 already aiding transactional consistency and clarity

• Goal to support collateral-based land transactions

• Impact potential greatest for women, other vulnerable groups

Current HPLWG

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• Continuity of HPLWG - regular meetings now in French and Kreyol, 150 institutions represented by >250 participants, nearly all Haitians, including eleven agencies of the GOH

• Dissemination of manuals to law schools, banks, associations of notaries, surveyor and lawyers, government officials and professionals, with more than 900 distributed in last six months

• Second Manual on securing land rights completed (French version) addressing security of tenure, co-ownership of land, landowners’ rights, rights of informal occupants, inheritance land rights and related topics

• Input for second manual - trainings on first manual used to get input on second Manual

• Replicable and scalable – to address land tenure issues in other jurisdictions

Second Manual – Securing Land Rights

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Manual 2 Covers:• Regulatory framework, laws, statutes, decrees and executive orders applicable to regularizing or formalizing land rights including enforcement and dispute resolution

• Related customary land processes

• Role of the private sector and government actors at the national and local levels

• Work of other groups currently addressing land issues.

• Eminent domain, adverse possession, title guarantee/insurance, guidance concerning dispute resolution and the jurisdiction of relevant courts

• Government’s existing capacity to apply current laws and processes and to make consistent, fair, timely and enforceable decisions

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Current Work Plan Underway• March 31st launch of Manual 2 (French version)

• English version for Diaspora/foreign investors

• Kreyol version for provinces

• Create Kreyol version of portion of Manual 1, including charts

• Develop a comprehensive dissemination plan- adding radio and television

• Transform www.landlaws.org website

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Merci.