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Housing, Land and
Property Rights of Yazidis
in Sinjar District, Iraq
Ismael Frioud
GLTN Partners’ Meeting
Nairobi
April 2018
Addressing HLP in Sinjar District
Housing, Land, and Property Rights of Yazidis Prior to 2014
In total, the inhabitants of 146 villages were
displaced ( = estimated 100,000 people)
• Most of Yazidi settlements were
systematically damaged, looted,
or demolished by ISIL fighters.
• Thousands of homes have been
destroyed, burnt, or looted in the
district of Sinjar during the
occupation
Sinjar under ISIL
Housing, Land and Property Issues in Sinjar
• Destruction of
properties
• Discriminatory practices
against minorities
• Forced evictions
• Secondary occupations
• Absence or lost of
property documentation
• Overlapping claims
• Transfer of properties
under ISIL
• Land administration
• Informal settlements
The approach is based on the continuum of land rights and is
incremental and fit-for-purpose
A) Tenure security
1) Phase 1 - Secure occupancy rights (certificates of occupancy)
2) Phase 2 - Recognition of the Yazidis in Sinjar as a collective
caseload and issuance of land titles in collaboration with the MoJ
and the Council of Ministers
B) Housing stock and land administration
1) Phase 1 - House rehabilitation and mapping of property claims
2) Phase 2 - Support Tapoo rights, land administration, and cadastral
surveys
Approach
The Tools: (phase 1) STDM, KoBo, Satellite images
Intervention
A. Community Mobilization and
assessments.
• vulnerability assessment, and preliminary
evaluation of damaged houses
B. Verification of claims
• Alternative documents, validation of
occupancy by communities and local
authorities
C. Mapping of claims
• Plot boundaries are marked on satellite map
and presented to neighbors and local
authorities for their validation.
• The maps are an essential component of
the certificates of occupancy
E. STDM
• STDM facilitates the recognition of
informal rights and claims in an area
without an operating official land
administration system and where
tenure is informal.
• It is used in Iraq to link alternative
tenure documents, administrative
and spatial data and it can record
the history of parcels, vectorize
boundaries of plots on satellite maps,
and generate reports and certificates.
D. GeoSpatial Data
• GPS coordinates recording and
mapping
F. Delivery of Occupancy Certificate
• The certificates include data on beneficiaries, alternative documents,
photos and map with plot boundaries
• The certificates are signed by beneficiaries, local authorities, the
municipality, two witnesses and UN-Habitat.
• Finally, the certificates and data collected will support the GoI issuing
full titles to people in Sinjar District
G. House Rehabilitation
• Technical rehabilitations are conducted through local contractors and
with the direct involvement of returnees as workforce under the
supervision of engineers.
Conclusion:
• The approach combining KoBo, STDM, and geospatial data to
support the continuum of land rights has been effective in the
Sinjar District context as no operating official land
administration system exists and tenure is informal
• Housing rehabilitation also offers a good entry point in
communities and facilitate housing, land, and property
response
• The certificate of occupancy is a necessary first step toward the
full recognition of land titles
• Further support to the government is required to complete
phase II, namely support to cadastral surveyors, handover of
the database and data on beneficiaries, and technical support
at the communal/Governorate level to administer land
Next step:
• Scaling up the response to close the Yazidi caseload in Sinjar
District (estimated at least 10,000 households to be reached)
• Transforming the certificates of occupancy into full titles. A MoU
with the Ministry of Justice is currently under draft.
 Yazidi caseload approved as a bulk (transfer of STDM and
certificates of occupancy)
 Support cadastral surveyors
• Build the land administration system in Sinjar.
 Training of land offices at the Governorate or District level.
• At the national level, important efforts will be required to record
informal settlements and cases of secondary occupation (STDM)
• Addressing the status of disputed territories and related HLP claims
Thank You

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Housing, Land and property Rights of Yazidis in Sinjar District, Iraq - Summary

  • 1. Housing, Land and Property Rights of Yazidis in Sinjar District, Iraq Ismael Frioud GLTN Partners’ Meeting Nairobi April 2018
  • 2. Addressing HLP in Sinjar District
  • 3. Housing, Land, and Property Rights of Yazidis Prior to 2014 In total, the inhabitants of 146 villages were displaced ( = estimated 100,000 people)
  • 4. • Most of Yazidi settlements were systematically damaged, looted, or demolished by ISIL fighters. • Thousands of homes have been destroyed, burnt, or looted in the district of Sinjar during the occupation Sinjar under ISIL
  • 5. Housing, Land and Property Issues in Sinjar • Destruction of properties • Discriminatory practices against minorities • Forced evictions • Secondary occupations • Absence or lost of property documentation • Overlapping claims • Transfer of properties under ISIL • Land administration • Informal settlements
  • 6. The approach is based on the continuum of land rights and is incremental and fit-for-purpose A) Tenure security 1) Phase 1 - Secure occupancy rights (certificates of occupancy) 2) Phase 2 - Recognition of the Yazidis in Sinjar as a collective caseload and issuance of land titles in collaboration with the MoJ and the Council of Ministers B) Housing stock and land administration 1) Phase 1 - House rehabilitation and mapping of property claims 2) Phase 2 - Support Tapoo rights, land administration, and cadastral surveys Approach The Tools: (phase 1) STDM, KoBo, Satellite images
  • 7. Intervention A. Community Mobilization and assessments. • vulnerability assessment, and preliminary evaluation of damaged houses B. Verification of claims • Alternative documents, validation of occupancy by communities and local authorities C. Mapping of claims • Plot boundaries are marked on satellite map and presented to neighbors and local authorities for their validation. • The maps are an essential component of the certificates of occupancy
  • 8. E. STDM • STDM facilitates the recognition of informal rights and claims in an area without an operating official land administration system and where tenure is informal. • It is used in Iraq to link alternative tenure documents, administrative and spatial data and it can record the history of parcels, vectorize boundaries of plots on satellite maps, and generate reports and certificates. D. GeoSpatial Data • GPS coordinates recording and mapping
  • 9.
  • 10. F. Delivery of Occupancy Certificate • The certificates include data on beneficiaries, alternative documents, photos and map with plot boundaries • The certificates are signed by beneficiaries, local authorities, the municipality, two witnesses and UN-Habitat. • Finally, the certificates and data collected will support the GoI issuing full titles to people in Sinjar District
  • 11. G. House Rehabilitation • Technical rehabilitations are conducted through local contractors and with the direct involvement of returnees as workforce under the supervision of engineers.
  • 12. Conclusion: • The approach combining KoBo, STDM, and geospatial data to support the continuum of land rights has been effective in the Sinjar District context as no operating official land administration system exists and tenure is informal • Housing rehabilitation also offers a good entry point in communities and facilitate housing, land, and property response • The certificate of occupancy is a necessary first step toward the full recognition of land titles • Further support to the government is required to complete phase II, namely support to cadastral surveyors, handover of the database and data on beneficiaries, and technical support at the communal/Governorate level to administer land
  • 13. Next step: • Scaling up the response to close the Yazidi caseload in Sinjar District (estimated at least 10,000 households to be reached) • Transforming the certificates of occupancy into full titles. A MoU with the Ministry of Justice is currently under draft.  Yazidi caseload approved as a bulk (transfer of STDM and certificates of occupancy)  Support cadastral surveyors • Build the land administration system in Sinjar.  Training of land offices at the Governorate or District level. • At the national level, important efforts will be required to record informal settlements and cases of secondary occupation (STDM) • Addressing the status of disputed territories and related HLP claims

Notas do Editor

  1. Mujammat period in the 70s. Forced relocation without compensation and no title given in areas of relocation
  2. The attack in Sinjar started on the 3rd of August 2014 - Following the invasion an estimated 250,000 Yazidis were forced to abandon their homes Situation Post-ISIL Presence of multiple security actors, including militias, PKK, ISF in control of the Border. Competing claims over the administration of the territory, including in relation to the status of disputed territories High level of displacement Inter-communal tensions and mistrust within and between groups High level of destruction of housing units and public services and infrastructure A legacy of discriminatory land titling practice affecting religious minorities Absence of land management system and official property documentation, leading to tenure insecurity and risk of eviction Increasing number of secondary occupations
  3. vulnerability assessment, and preliminary evaluation of damaged houses Alternative documents, validation of occupancy by communities and local authorities C. Plot boundaries are marked on satellite map and presented to neighbors and local authorities for their validation. The maps are an essential component of the certificates of occupancy
  4. Outcome 1: With STDM, KoBo, and satellite imagery and geospatial data, the GoI has the necessary information to start the process of transforming certificates of occupancy into full titles
  5. Outcome 2: 848 certificates of occupancy have been handed over to families in Sinjar District. Total of 1,312 by end of June 2018 This is the first in modern history that Yazidis received any kind of land title 12 % of the households benefiting from the project are female-headed
  6. Outcome 3 In Sinjar District, 848 houses have been already rehabilitated by UN-Habitat and 464 are currently being rehabilitated = Total 1,312 houses