|A Pathway to Ownership for IDPs can Change Mogadishu Forever. Image: Sutika Sipus 2013.|
After every war, cities are burdened by many of the same problems. The infrastructure is destroyed, there is a lack of money, a culture of violence, and a fear that war will return. But another major obstacle is the heavy numbers of internally displaced persons who left their homeland elsewhere in the country and sought refugee in the city. They sought safety, employment, and a chance at a better life. They also frequently have little to offer, having abandoned everything with the move, and frequently coming from rural villages, lack the skills necessary to compete in the urban marketplace.
Internally displaced persons (IDPs) are typically seen as a burden, and city officials want them to go home. With no money, IDPs frequently seek shelter in abandoned buildings or in impoverished, make-shift camps. The UNHCR also encourages they return to their place of origin as UNHCR tends to advocate return as the only durable solution. But at other times UNHCR will recognize that many IDPs cannot return home, as their homes have been destroyed and all that was abandoned is now completely lost. In these instances, UNHCR and UN-Habitat will construct IDP displacement camps.
In Mogadishu, IDP camps are scattered throughout the city. They are renown for being dangerous and unhygienic. Murder, rape, and disease are common. IDPs also inhabit many buildings throughout the city with no right to ownership. When the original owners return to reclaim their property, conflicts frequently ensue. As the city has no surviving property records from before the war, arguments over property rights are common and the courts get clogged as people fight for rightful ownership rights. This problem is expensive and slow. To make the changes in Somalia sustainable, it is necessary that change also takes place quickly. I wrote about this before in a previous article on the importance of speed for land use rights in post-war reconstruction.
|Think Different - Live Different in Mogadishu. Image: Sutika Sipus 2013.|
Solving the IDP Crisis in MogadishuSomalia
To solve the IDP situation in Mogadishu, the issue must no longer be seen as zero/sum. Many want the IDPs to leave or to suddenly have money to purchase housing. But this is clearly unrealistic. Rather, the problem must be considered in relation to time, space, resources, and the greater good of the city.
The best solution would be a "right to ownership" policy. The Right to Ownership Policy could work very quickly and effectively if the following steps were pursued.
1. IDPs are provided a temporary identification number for the property they currently inhabit. A record is made containing a description and possibly a photo of the space.
2. Each year the IDP/Occupant must invest a particular amount of money and time into the upkeep of the property. This could consist of digging better quality latrines, constructing more permanent housing, painting walls, repairing concrete, clearing debris, installing doors and so on. Notice that many improvements can initially be done at no cost.
3. If no one returns to make claim on the property in 5 years, the temporary identification number becomes a permanent record of ownership for the occupant.
4. If another person returns to the site and claims the property as his own, and can provide at least 5 articles or witnesses as evidence, the returnee will acquire the property IF compensation is provided to the IDP resident for each year of invested ownership.
Why this IDP Solution can work.
1. Extensive research has shown that formal ownership of property provides economic leverage to residents.
2. The IDP acts as a caretaker for the property until full ownership is approved. Thus streets are rebuilt which also reduces crime.
3. This policy is consistent with the principals of xeer, the traditional/informal legal system that is still used among many nomadic and semi-nomadic tribes in Somalia. Consequently such a policy would be innate to those who would be affected by it.
4. IDPs who do not achieve full ownership leave the property with a sum of money reimbursed by the legal owner and are thus in a better position to acquire housing or even return to point of origin.
Why this solution to Mogadishu's IDP problem will not happen.
I have promoted this solution to several members of the Somali government, but it has gained no support. Certainly, it is not perfect, but with tweaking, a right to ownership is far better than court cases which may go on for decades. Many officials claim a desire for innovation and radical change, but are not willing to take the dramatic steps necessary to be truly innovative. Rather, all politicians continue to see the problem in the same manner of the UN, even if they are not happy with the UN approach to solving the problem.
Unfortunately this policy means that many returnees will lose ownership of their property. But five years is a long time and many Somalis have no interest to return anyway. The bigger problem is among government officials who cannot presently prove ownership of their own family estates, and thus refuse to pursue policies for the common good because of their own selfish interest.
Another reason that the policy will not happen is because it will require that the city lose ownership some some property to IDPs and that vacant lots currently inhabited by turkels will need to be considered property of the IDPs. What officials do not realize, is that letting informal settlements become formal is an advantage - not a loss - as these settlements will quickly transform to have permanent buildings, lower crime, and create new market opportunities. It would actually expand the city!
Lastly, from a planning perspective, formalizing a pathway to ownership for IDPs would reinforce the power of the government and provide an opportunity to build necessary infrastructure in the currently existing squatter camps. Providing roads, sewers, communication and water to these sites will encourage the construction of permanent housing and improved living among residents.
I have travelled all over the world, and Somali people are perhaps more resourceful than any other group of people I have encountered. If a clear policy is made which can provide an opportunity for property ownership among IDPs, while current land/housing owners will need to make a decision among reclaiming property, then people will jump to the opportunity. The right to ownership should not be reserved for only the diaspora. Public policy needs to be made for the interest of everyone, not just those who have power, and more than anywhere else, Mogadishu's leadership needs the vision to pursue the right path.
|Change is Possible in Mogadishu. Image: Sutika Sipus 2013.|