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It is only necessary to enter a value under this category if <strong>the</strong>re is an eviction or demolition according to local laws and regulations. For example, in Israel, <strong>the</strong> land plot beneath a demolished structure may, per force, be reclaimed by, or “revert to,” <strong>the</strong> state as “state land” or “national land.” In <strong>the</strong> event <strong>of</strong> a housing plot being confiscated by <strong>the</strong> state, determining <strong>the</strong> value <strong>of</strong> that plot may prove difficult if, again, no market value can be determined for <strong>the</strong> affected area. In that case, <strong>the</strong> suitable methodology would involve determining <strong>the</strong> cost at current market value <strong>of</strong> a comparable site in ano<strong>the</strong>r location.] Contents : The value <strong>of</strong> contents (furniture, clothing, foodstuffs, electronics, house wares items, etc.) is measured as <strong>the</strong> cost <strong>of</strong> replacing <strong>the</strong> items (<strong>the</strong> actual cost <strong>of</strong> repurchasing items comparable in quality to those lost or damaged by <strong>the</strong> demolition), not <strong>the</strong> market value. For heirlooms and o<strong>the</strong>r items <strong>of</strong> sentimental value, <strong>the</strong> non-material loss or irreplaceability should be expressed in <strong>the</strong> “Victims’ Non-material Losses” section <strong>of</strong> <strong>the</strong> matrix, with a narrative ei<strong>the</strong>r included in <strong>the</strong> matrix or attached in addendum. Collateral damage : This section <strong>of</strong> <strong>the</strong> matrix allows for inclusion <strong>of</strong> <strong>the</strong> material losses to indirect victims in particular, including neighbouring and public property that is affected by <strong>the</strong> act. In cases <strong>of</strong> violent eviction or demolition, incorporating <strong>the</strong> use <strong>of</strong> heavy machinery or explosives, for example, nearby property can easily be damaged in various degrees, if not completely destroyed. Infrastructure : This section refers to services and o<strong>the</strong>r infrastructure lost during demolition/eviction/ confiscation, and that would have to be replaced after <strong>the</strong> event. For example, electricity provided at <strong>the</strong> original site may have to be replaced by a generator or by purchasing energy from an alternate source. Water, previously available from installed or nearby facilities, may have to be replaced by purchasing water or hauling it from ano<strong>the</strong>r source. The ensuing supplementary cost—including <strong>the</strong> relative cost <strong>of</strong> labour at <strong>the</strong> going rate for work <strong>of</strong> this nature—is <strong>the</strong> value to be calculated here. Business losses : If <strong>the</strong> demolition/eviction/confiscation results in <strong>the</strong> loss <strong>of</strong> a business, or a portion <strong>of</strong> business, that cost is to be included here. Those losses are <strong>the</strong> subject <strong>of</strong> subcategories to be detailed below. Equipment/inventory : This includes <strong>the</strong> value <strong>of</strong> machinery and equipment, o<strong>the</strong>r installations, such as furnishings and built-ins, as well as all stock and supplies. This should also include <strong>the</strong> property belonging to o<strong>the</strong>rs that was lost or damaged in <strong>the</strong> course <strong>of</strong> events. For example, a laundry or repair service would hold clients’ property for processing and return. The values <strong>of</strong> those items are also to be included in this figure. Prospective income : The loss resulting from <strong>the</strong> inability to deliver goods and services, as well as <strong>the</strong> anticipated pr<strong>of</strong>it from existing stores, orders, contracts, etc. that would be lost or forsaken due to <strong>the</strong> event. The short-term and long-term effects are to be calculated by different methods. This category <strong>of</strong> loss follows <strong>the</strong> method developed locally for determining “goodwill” as an asset, which would include <strong>the</strong> projected income from a pattern <strong>of</strong> business developed through <strong>the</strong> lifetime <strong>of</strong> <strong>the</strong> enterprise. Mortgage, o<strong>the</strong>r debts and penalties : Repayment for items on credit, including any penalties and increased interest resulting from <strong>the</strong> event, are to be included here for both <strong>the</strong> short and long-term. If a situation prevails, as it does under many legal systems, in which a debtor relinquishes claims (as in a natural disaster, for example), <strong>the</strong>n that cost should none<strong>the</strong>less be calculated and listed under <strong>the</strong> category <strong>of</strong> “O<strong>the</strong>r than Victim’s Losses.” Livestock : The value <strong>of</strong> livestock lost and <strong>the</strong> treatment <strong>of</strong> those injured by <strong>the</strong> event is calculated here. This would include <strong>the</strong> labour costs for time spent in rounding up dispersed livestock at <strong>the</strong> rate <strong>of</strong> pay for such work or hire. It includes <strong>the</strong> loss <strong>of</strong> anticipated returns from normal sale <strong>of</strong>, and/or produce from <strong>the</strong> animals, including <strong>the</strong>ir normally anticipated progeny over <strong>the</strong> short-term and long-term. With regard to <strong>the</strong> animals’ value as beasts <strong>of</strong> burden, <strong>the</strong> returns on <strong>the</strong>ir labour are to be included in <strong>the</strong> figures provided under lost revenue, increased transportation costs, returns from crop loss, or o<strong>the</strong>r appropriate categories. EXECUTIVE SUMMARY 113
Land : The landed property not associated with <strong>the</strong> affected structure itself is to be calculated on <strong>the</strong> basis <strong>of</strong> fair market value, as with <strong>the</strong> structure and its plot entered above. This could be land adjacent to <strong>the</strong> dwelling or o<strong>the</strong>r affected structures, or land confiscated separately. This land could be lost entirely through confiscation, or its value could be reduced as a result <strong>of</strong> eviction or demolition. In <strong>the</strong> event <strong>of</strong> an eviction, though land title may not be lost outright, <strong>the</strong> conditions created by <strong>the</strong> eviction may prevent <strong>the</strong> owner(s) from returning to or reclaiming <strong>the</strong>ir land. In that case, <strong>the</strong> land in question would be calculated as an outright loss. Trees/crops : The value <strong>of</strong> a lost or damaged non-fruit-bearing or o<strong>the</strong>rwise unharvestable tree is based on <strong>the</strong> cost <strong>of</strong> purchasing and replanting a comparable replacement. The non-material, aes<strong>the</strong>tic, or sentimental value <strong>of</strong> <strong>the</strong> tree or o<strong>the</strong>r vegetation would be conveyed by narrative in <strong>the</strong> Victim’s Non-material Losses item under Environment or Heritage, as appropriate. The value <strong>of</strong> harvestable trees and crops would encompass both <strong>the</strong> value <strong>of</strong> <strong>the</strong> replacement itself for fruit-bearing trees, crops and timber, as well as <strong>the</strong> anticipated (short-term and long-term) value <strong>of</strong> <strong>the</strong> harvest. Ecological damage is calculated on <strong>the</strong> basis <strong>of</strong> ensuing restoration costs. Collateral damage to wildlife and o<strong>the</strong>r natural assets, owing to <strong>the</strong> damage itself and <strong>the</strong> time required for <strong>the</strong>ir restoration, may represent both a calculable and incalculable loss. Whenever possible, such calculable values should be included here. O<strong>the</strong>rwise, those losses are to be recorded in <strong>the</strong> narrative section <strong>of</strong> both <strong>the</strong> victim’s and non-victim’s non-material losses, for those losses would be <strong>of</strong> a more public nature. Lost/decreased wages/income : The loss <strong>of</strong> a home, and <strong>the</strong> subsequent short and long-term processes <strong>of</strong> resettlement, may involve <strong>the</strong> loss <strong>of</strong> livelihood, whe<strong>the</strong>r that livelihood is linked to <strong>the</strong> dwelling and/or land lost. In any event, wages would inevitably be lost (to victim or her/his employer) as non-productive time devoted to coping with <strong>the</strong> event and its aftermath. To calculate that value, one would subtract <strong>the</strong> short-term and long-term wages and o<strong>the</strong>r income <strong>of</strong> affected persons from <strong>the</strong> normal, anticipated wages and o<strong>the</strong>r income prior to <strong>the</strong> event. With regard to <strong>the</strong> loss <strong>of</strong> certain benefits, such as accumulated vacation leave, seniority and o<strong>the</strong>r benefits, <strong>the</strong> relative loss <strong>of</strong> those values should be included here if calculable. If occupational seniority would arguably have led to promotion with material benefit in <strong>the</strong> short or long-terms, that value is to be factored here as well. Health care : The event itself or its aftermath may have negative physical and mental health consequences. The findings <strong>of</strong> social science <strong>of</strong>fer clear testimony to <strong>the</strong> adverse effects <strong>of</strong> eviction and resettlement on rates <strong>of</strong> mortality and morbidity among affected communities. While in one sense <strong>the</strong> impact <strong>of</strong> such events may be capable <strong>of</strong> being viewed as falling within <strong>the</strong> realm <strong>of</strong> Victims’ Non-material Losses, <strong>the</strong> remedial medical measures that can be taken in <strong>the</strong>ir aftermath and that may help ease victims’ suffering, clearly have calculable values. The loss <strong>of</strong> life or limb, toge<strong>the</strong>r with o<strong>the</strong>r negative health effects arising from violations <strong>of</strong> <strong>the</strong> human right to adequate housing, are <strong>the</strong> subject <strong>of</strong> state law whose purpose is <strong>the</strong> calculation <strong>of</strong> victim compensation for insurance claims and o<strong>the</strong>r cases involving compensatory litigation. A sample <strong>of</strong> methodologies taken from such statutes could inform <strong>the</strong> development <strong>of</strong> a comprehensive methodology for calculating victims’ health losses here. The overcrowding in interim or alternative housing arrangements, <strong>of</strong>ten leads to negative health consequences for those evicted, as well as for those providing alternative shelter in <strong>the</strong>ir own quarters. The care and treatment <strong>of</strong> <strong>the</strong>se health consequences (such as influenza, scabies, malnutrition, etc.) are an additional value to be added to <strong>the</strong>se health care costs. Interim housing : Interim alternative housing with relatives or friends, ei<strong>the</strong>r within <strong>the</strong> community or elsewhere, has a value that is to be calculated on <strong>the</strong> basis <strong>of</strong> fair rental rates for such shelter, whe<strong>the</strong>r rent is paid or not. It can also lead to <strong>the</strong> recognition/acknowledgment <strong>of</strong> persons and groups <strong>of</strong>fering assistance as secondary victims, incurring <strong>the</strong>ir own losses as a result <strong>of</strong> servicing <strong>the</strong> persons directly affected by act <strong>of</strong> eviction, confiscation or demolition. Bureaucratic and legal fees : Both time and monetary costs related to bureaucratic processes and legal aid and defence work should be quantified. Even if legal advice is <strong>of</strong>fered on a pro bono basis to affected parties, those rendering <strong>the</strong> services should assign a value to <strong>the</strong>m for <strong>the</strong> purposes <strong>of</strong> this costing exercise. (The cost <strong>of</strong> bureaucratic efforts by public personnel is determined below under 114 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND
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Proceedings of <st
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Author: Editors: Publisher: Design
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List of Acronyms a
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Preface The Fiji Consultation on wo
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fertilization of w
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8. Annexes Annex A: List of
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• To enable participants to artic
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Recommend that donors implement gen
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To meet these obje
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Each consultation provides a unique
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2.4 The Elements of</strong
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There are ten steps to the<
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Participants used the</stro
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- ensuring the “
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- Implementation bodies (e.g. UNDP,
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Palestine - Habitat International C
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of the</st
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“In the Cook Isl
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The peace talks focused primarily o
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diseases (STDs), HIV/AIDS etc; <str
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I look at myself, at us and wonder
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That rainbow shirt you wear hurts m
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• Discriminatory laws (e.g. penal
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“In the Solomon
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“A woman and child left home to c
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“Aloha from my fathe</str
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Even where formal laws exist, peopl
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at the time. I cha
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Case study In the
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It is also important to note that v
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• Change men’s attitudes toward
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decision-makers to raise th
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7 Conclusion The consultations bega
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56 WOMEN’S RIGHTS TO ADEQUATE HOU
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58 WOMEN’S RIGHTS TO ADEQUATE HOU
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15. Filipo Masaurua Regional Rights
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Susie Saitala Kofe
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what other options
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Element - Culture: Women must fulfi
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work very much from an inclusive, p
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My partner and I have moved three t
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Actions/Interventions - The Sexual
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you hope for a lift with a passing
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e.g. when mothers
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Element - Security of</stro
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Impacts - No sense of</stro
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Cultural appropriateness - What is
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Lynssay Francis, Cook Islands This
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State - The government is trying to
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At the age <strong
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- National Policy on Gender and Dev
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Testimonies on Housing, Land and Pr
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members burnt the
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Since 1995 they ha
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The funding for the</strong
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Reginald Kipe, Vanuatu Vanuatu is c
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Actions/Interventions - - More lega
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Case study 2 - rural women migratin
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208 WOMEN’S RIGHTS TO ADEQUATE HO
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“It has been important to listen
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