Haiti Earthquake Reconstruction Knowledge Notes from ... - GFDRR

38 | Haiti Earthquake Reconstruction
Rebuild or Relocate
In the aftermath of a disaster, a lack of clarity in land title systems can significantly delay the reconstruction
of housing and infrastructure, and lead to conflict. The land tenure system in pre-earthquake
Haiti faced challenges and in the post earthquake context, poses serious risks for reconstruction. It
is important that land title, access, use, and pricing issues be addressed up-front, as was the case in
Aceh. The development of short-term solutions to facilitate the process (again, the Aceh model) may
be considered, followed by a broader, longer-term review and if necessary, reform and upgrading of
existing systems.
Key Decision Points
1. Develop a legal framework to address land
acquisition and occupation for immediate
reconstruction needs.
2.
3.
4.
5.
Address the diverse categories of affected
people.
Include gender considerations.
Consider forms of proof of ownership
other than existing formal land title.
Revisit a second phase considering broader
systemic strengthening and reform.
6. Involve communities to strengthen buy-in
and promote success.
A legal framework to address land acquisition
and occupation should be developed for immediate
reconstruction needs. Land may be in
short supply in the reconstruction process. In fact,
the Aceh experience shows, post disaster conditions
are usually cramped. Land tenure issues are
likely to arise in the near term, as people tire of
waiting for tents and begin to return to the sites of
the former homes to rebuild. An immediate priority
of property owners will be to re-establish ownership
of their land. Specific mechanisms to fast
track the allocation of public land for recovery and
reconstruction activities might be considered. i
The diverse categories of affected people will
need to be addressed. Pre-earthquake informal
settlers as well as post-earthquake squatters
should be provided with viable alternatives. Squatters’
claims to public land should be assessed as
part of the process. As tent cities and new rural
residences consolidate over time, the gray area between
“temporary” and “permanent” shelter, and
its land tenure implications, should be considered.
Gender considerations should be included.
The international best practice of issuing a joint
title for husbands and wives should be respected.
When particular attention is paid to ensuring
women’s land rights, households are better able to
cope with disaster. Women’s land rights—whether
they have joint, independent, or shared claims to
common land and/or resources—should be safeguarded.