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Land tenure in conflict and post-conflict situations



Violent conflict often forces people to flee their homes in search for safety. But when the fighting ends, changes in land distribution and transformations in property rights often leaves a significant proportion of the affected population having to claim or re-claim access to their land and land-based resources.

While the relationship between land and conflict is complex, it is clear that competition over land has been a critical cause of violence in some conflicts (e.g. Rwanda, Colombia) and an underlying factor in many others (e.g. Mozambique, East Timor, Sudan and Bosnia). Violence has also triggered new competition over land, as well massive population movement and forcible displacement.

Access to land should therefore be of particular concern to humanitarian agencies, especially with respect to the return of refugees and IDPs. The issue affects both the choice to return and the prospects for recovery. Yet an understanding of ownership, use and access to land is minimal and large-scale return programmes rarely incorporate sufficient analysis of the local land tenure situation. Agencies tend to see land ownership problems as too sensitive to be addressed and as a result approaches tend to be superficial and ad hoc.

Recent experience, however, has shown that it is possible and relevant to invest in analysis while the crisis is still going on. What is more, doing so can result in the development of more adequate policies for the post-conflict phase.


The project approach

This two-year HPG study is examining land tenure issues in countries affected by or emerging from conflict and seeking to gather understanding of how humanitarian organisations respond to these issues in their assistance and programming. Three case studies (Angola, Colombia and Rwanda), a number of commissioned pieces on Sudan and various small studies (Afghanistan, Cote D'Ivoire, East Timor, Liberia and Sierra Leone) have been carried out in 2007. Available studies will be posted on this webpage throughout the life of the project.

The study forms part of broader ODI research on land which includes the Rural Policy and Governance Group, the Chronic Poverty Research Centre and the Rights in Action Programme.

If you would like to contact the project team please email Sara Pantuliano or Samir Elhawary.

A number of related resources are listed on the side panel of the site.

Almost a million people returning back from Zaire to Rwanda, 1996. REUTERS/Peter Andrews, courtesy www.alertnet.org.
People returning back to Rwanda, 1996. REUTERS/Peter Andrews, courtesy www.alertnet.org.
Key resources

Crisis in Kenya: land, displacement and the search for 'durable solutions', HPG Policy Brief 31, April 2008

Uncharted territory: land, conflict and humanitarian action, Summary from a conference hosted by the Humanitarian Policy Group, February 2008 (London)

Sara Pantuliano, The land question: Sudan’s
peace nemesis
,
HPG Working Paper, December 2007


Samir Elhawary, Between war and peace: Land and humanitarian action in Colombia, HPG Working Paper, December 2007

Conor Foley, Land rights in Angola: poverty and plenty, HPG Working Paper, November 2007

Sara Pantuliano, Margie Buchanan-Smith and Paul Murphy, The long road home: Opportunities and obstacles to the reintegration of IDPs and
refugees returning to Southern Sudan and the Three Areas
,
HPG Commissioned Report, August 2007


John Bruce, Drawing a line under the crisis: Reconciling returnee land access and security in post-conflict Rwanda, HPG Working Paper, June 2007

John Bruce, Returnee land access: lessons from Rwanda, HPG Background Briefing, June 2007

Other relevant publications:

Land Policy in Post-conflict Circumstances: Some Lessons from East Timor, UNHCR Evaluation and Policy Analysis Unit, February 2002

Post-conflict Land Tenure: Using a Sustainable Livelihoods Approach, FAO Livelihoods Support Programme, 2004

Land and Conflict: A Toolkit for Intervention, USAID, 2004

Land Rights in Crisis: Restoring Tenure Security in Afghanistan, Afghanistan Research and Evaluation Unit, March 2003

From the Ground Up: Land Rights, Conflict and Peace in Sub-Saharan Africa, ACTS, June 2005

Housing and Property Restitution for Refugees and Displaced Persons: Implementing the ‘Pinheiro Principles', Handbook, March 2007

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