3. Tackling land tenure in the emergency to development transition in post-conflict states: From restitution to reform

Abstract

This chapter provides an overview of the land and property issues confronting postconfl ict administrations. Its main argument is that the focus of the humanitarian sector upon restitution of property lost during war is too narrow and potentially obstructive to resolve given that in more and more cases thorough reform of prewar land and property relations is required in order to keep and sustain peace. This is especially so as most wars today are civil wars and largely confi ned to agrarian states, where access to land is critical for the survival of most of the population, and post-colonial or post-feudal deprivation of land rights a common reality. The author concludes with practical suggestions for focusing action by the assisting humanitarian and reconstruction sector.

Connecting Tenure Security with Durable Solutions to Internal Displacement: From Restitution of Property Rights to the Right to Adequate Housing

“…This has invalidated the enabling character of tenure security to live in one's home in peace and dignity. In this sense, restitution validates pre‐war tenure systems and property rights that allow the maintenance of a status quo ante that may be discriminatory and unjust (Wily, ).…”

“…International intervention has revolved around political and economic power‐sharing negotiations at elite level, large‐scale agricultural and natural resource development and the support of return and restitution rights of forced migrants through the defence of former property rights. The discussion involving unequal tenure relations and the institutional capacity to promote inclusion and social justice through tenure security and housing rights has been limited or completely avoided (Wily, ).…”

“…Wily (), De Waal () and Van der Auweraert (: 350), among others, have expressed their disappointment with this predominance, arguing that restitution has eclipsed the debate concerning necessary HLP reforms, such as land distribution, and does not provide a comprehensive answer to housing needs in post‐war contexts. In this sense, restitution would be no answer to the landless Abbala communities in Darfur (Sudan) who engaged in warfare against Darfur rebel groups, which mainly belong to landholding communities (Fur, Massalit, Zaghawa), in order to secure their access to territory and political influence (Flint, ).…”

Post-conflict land administration, facilitator of post-conflict state building

“…Alden Wily (2009) argues that conflicts have moved from an inter-state to an intra-state context, and accordingly shifted into inter-communal and interclass conflicts, often complicated by ethnic concerns. Wallensteen (2002) distinguishes three basic types of armed conflict: international conflict, civil wars and conflicts over state formation.…”

“…From the forty ongoing conflicts in 2014, eleven conflicts generated 1.000 or more battle-related deaths in one calendar year, only one was interstate and thirteen were internationalised internal armed conflicts (Themnér and Wallensteen, 2015). Looking at the conflicts that occur in the period 1990-2009 land-related issues played a substantial role (Alden Wily, 2009). The most serious concerns emerging from the armed conflicts are casualties, destroyed infrastructure and houses and displaced population.…”