Report - Office of the High Commissioner on Human Rights

The material and o<strong>the</strong>rwise calculable costs resulting from violations are determined for each affected
unit (household) and <strong>the</strong>n totalled. Alternatively, in <strong>the</strong> case <strong>of</strong> multiple units affected, a representative
sample should be obtained in order to determine average values, which <strong>the</strong>n must be multiplied by
<strong>the</strong> actual number <strong>of</strong> units affected. O<strong>the</strong>r incalculable losses still have to be recorded and reported
in narrative terms. Such narrative explanation and analysis will be useful as an accompaniment to
this quantification table.
Both short-term and long-term values are to be assessed. [Follow examples <strong>of</strong> insurance law in various
countries for a composite methodology for determining losses for compensation purposes.] In order
to obtain a truly representative sample <strong>of</strong> values, monitoring over time is required. It is <strong>the</strong>refore
recommended that such monitoring be undertaken or coordinated by those who maintain a programme
and commitment to <strong>the</strong> affected community over <strong>the</strong> long-term.
This tool seeks to quantify <strong>the</strong> costs incurred by victims as well as public or social costs. For our purposes,
<strong>the</strong> principal victim(s) would be those persons whose property and lives have been directly impacted
by some act, be it a demolition, confiscation and/or eviction. Ancillary or indirect victims would consist
<strong>of</strong> those who incur costs or suffer o<strong>the</strong>r harms as a result <strong>of</strong> an act intended or directed toward o<strong>the</strong>rs.
The indirect victims’ losses and damages ought to be included in <strong>the</strong> comprehensive assessment <strong>of</strong>
<strong>the</strong> effects <strong>of</strong> <strong>the</strong> violating act.
The middle column <strong>of</strong> <strong>the</strong> table, entitled “Methodology,” is intended for commentary on calculated
costs. It is here that one would enter <strong>the</strong> types <strong>of</strong> items or values totalled under <strong>the</strong> particular type
<strong>of</strong> cost/loss. There too, one would cite whe<strong>the</strong>r <strong>the</strong> values represent losses/costs that are limited to
<strong>the</strong> principal victims only, or include those <strong>of</strong> indirect victims as well, such as those exposed to collateral
damage during housing demolitions. The “Methodology” description should be as thorough but concise
as possible.
It is possible to modify this tool according to <strong>the</strong> user’s discretion. For example, on occasion <strong>the</strong> direct
and indirect victims’ losses may need to be calculated separately/individually. In <strong>the</strong> event <strong>of</strong> such
an exigency, for example, an additional column can be added. In any case, however, it is important
to arrive at a global cost figure for <strong>the</strong> violations under review. The column at <strong>the</strong> far right under each
category <strong>of</strong> cost should be totalled using <strong>the</strong> imbedded Excel formula.
Contents and Methodology for Determining Each Category <strong>of</strong> Loss/Costs
Victims’ Material Losses
The Structure : The fair market value <strong>of</strong> <strong>the</strong> house, shelter or o<strong>the</strong>r structure(s). Suitable references
for determining market value include reliable real estate agents, banks, or o<strong>the</strong>r parties involved in
<strong>the</strong> sale and exchange <strong>of</strong> such properties. Standard methodology would involve obtaining three quotes/
estimates and selecting <strong>the</strong> average, or taking <strong>the</strong> middle quote (median value) as <strong>the</strong> fair market
value.In <strong>the</strong> event that <strong>the</strong>re is no such property market actively issuing quotes on <strong>the</strong> value <strong>of</strong> <strong>the</strong>
affected property, an alternative method can be to use <strong>the</strong> estimated cost <strong>of</strong> replacing <strong>the</strong> property
at current market values.Note that <strong>the</strong> victim incurring <strong>the</strong> loss in this case would be <strong>the</strong> owner(s)
and or title holder(s), including those owning <strong>the</strong> property individually, or collectively, under formal
title, or by traditional tenure systems.
Plot : The plot and <strong>the</strong> structure are considered separately so that within a cooperative arrangement
<strong>the</strong> title to <strong>the</strong> structure, and <strong>the</strong> “share” <strong>of</strong> <strong>the</strong> land area under it, can be assessed separately.
112 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND