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Counting costs A project ofHabitat International Coalition -Housing and Land Rights Network

Measuring the impact of displacement

Threats, barriers, obstacles Concept, definition?Sources (legal/other)?Over-riding principles?Guarantees? Persons violated, vulnerable to violation?Losses, costs, damageDuty holder(s)?Strategic planningActions, interventions (who, what, when)? Evaluation & follow-upMain aims of the eviction impact assessment toolIdentify the costs and losses prior to, during and after forced eviction and displacement;Expose the actual and full costs of development projects involving displacement by calculating and including those incurred by effected persons and households;Prove that forced evictions and displacements deepen poverty and deprivation at all stages;Deter future evictions and displacements by recording, and making perpetrators responsible for the full costs and losses they cause;Provide guidance toward remedies, including application of the reparations framework (defined in international law as a right);Contribute to conflict resolution (in small-scale cases) and transitional justice (in grand-scale cases);Support local monitoring of housing and land rights violations in select and strategically important cases;Share the quantification experiences among HLRN Member organizations and other interested parties across regions.

Forced EvictionsUN CHR 1993/771.Affirms that the practice of forced evictions constitutes a gross violation of human rights, in particular the right to adequate housing;

Rome Statute on the International Criminal Court (1998)Judge-ordered reparations (conviction based)

Trust Fund for Victims (violation based)

Restitution:Return,Resettlement,Rehabilitation: all aspects;Compensation;Nonrepetition;Satisfaction;Nonrefoulement (crossborder).

Eviction Impact-assessment MethodsTools for the following functions and processes:Baseline surveyAssessment of losses/costs as result of eviction notice,Assessment of losses/costs > time of eviction,Assessment of losses/costs > post-eviction in cases of: A. Transit camps or temporary intermediate shelter B. Resettlement site C. No resettlement D. Compensation

Bainsiria, Odisha, India

Can the properties lost during flood be assessed properly?

What are the properties lost and replacement values?

Can the tool and guidelines be used for policy advocacy

Lessons/tactics:Used outsiders as enumerators for neutralityGreater detail, less margin of errorSpecific questions are better understood than broad and general categories.

Questions:How to calculate long-term losses? (25kg rice for one month? Govt honored rations w/o cards, but the replacement card took three months.)What are the high, lowest and average values lost? $1,500 ($30) Rs. 900,000How does the assessment compare with the compensation/indemnity offered?Did displaced persons receive indemnity from other sources? Forms other than money?Vital documents: transport, fees, bribes (location near university, so cost recovery relatively low)

In 2007 and 2008, local residents carried out targeted attacks against the adivasi (tribal) and Dalit (Scheduled Caste) Christian community About 30,000 people lost their homes, land, livelihoods, and are still suffering from severe impacts.Kandhamal Violence:Kandhamal Violence:Object: not comprehensive view of the district, but examples: 122 families in three villages, scattered in small clusters.

Questionnaire took two hours to fillGovernment offered compensation for homes damaged:Full damage = Rs. 50K (from state), Rs. 20K (from central), partial damage = Rs. 20K (from state govt.) + Rs. 10K (from Central govt.). The local enumerator decides on the level of damage/compensation. Basis for these amounts was arbitrary.Replacement values = spent Rs. 200250K. One family lost Rs.20K (US$4K), no counting house.Highest value lost = Rs. 1,800,000Outcomes:Local people demand 100 dead. Govt acknowledged 38 dead.4,500 addected PAX were recognized

No govt. or NGO party compensated any other property/possessions. Govt claims it is impossible to assess actual losses, while no actual policy exists. Challenged government neglect.Baljeet Nagar Delhi2324 March 2011, DDA demolished ca. 1,000 housesNo prior notice Reason for demolition not clearResidents not allowed time to remove personal belongings 5 bulldozers and a large armed police force arrived at 07:00Violence/force used against residents

Bhaljeet Nagar, DelhiDDA extorts money from residents: for a wall = RS.10K, house = Rs.30KLivelihoods integral to living spaces.Most children attend local government schools.No warning. Police and bulldozers arrived @ 078:00, 23 March 2011, using violence, especially against women.

Methods/challenges:Questionnaire took one hour to fillPeoples Tribunal (public hearing) on site, then Debt liabilities (pawned items irretrievable after eviction)Added bribes/extortion category based on local testimonies (as separate from bureaucratic costs).Some big losers left the area and were not reachable for the surveyTenure-affirming documents lostWill go back to follow up, especially to see if (1/12) children drop outs resumed school and/or child labor increased

Findings:

Many job losses (calculated @ Rs.400)Monthly food expenditure fell by Rs.400, victims ate less. Water expenditures increased by Rs.600Average Rs.60K, but some lost Rs.400K5-yr-old boy lost sight in one eyeRs.730K more/mo. health expenditures At time, no one replaced ration cards, but not monetized

Thousands suffered eviction in 200810: ca. 5,000 in Ntaba-Nlongak (Yaound) in 6/2008; >1,200 in Bois des Singes (Douala) in 06/2010. Government evicted 100 Bassa-Kongui Newtown Airport neighborhoods (Douala) in 08/2010.

Cameroon: Yaound & Douala

Cameroon: Yaound & DoualaCIAH-Cameroon and CONGEH trained 30 young data collectors (09/10), using SPSS Collected information for 10 days in neighborhoods Messa-Career and Mbankolo (Yaound)6 data collectors counted data over 15 days with CIAH/CONGEH coordination teamNovember 2011, CESCR parallel report Analysis by one engineer statistics, report writing, publishing a book evictions in Cameroon cities & validation workshop.2007-08 Post-election Violence (PEV) in KenyaOver 350,000 persons displaced in clashes prior to 2007 elections.During the 200708 PEV, 663,921 people displaced, 78,254 houses destroyed country wide,1,300 lives lost,640 IDP households fled to Uganda. @ height of violence, 350,000 IDPs sought refuge in 118 camps, while 313,921 IDPs integrated among various communities. Latter group integrated IDPs.

Government ResponseOperation Rudi Nyumbani (go home)Operation Mwema (good neighborliness)Operation Tujenge Pamoja (build together)Profiling/census of IDPs Ex gratia SupportRepair of IDP houses and infrastructureRestoration of livelihoodsResettlement of IDPs living in self-help groupsDistribution of relief foodPeace building and reconciliationCurrent Context:Extensive documentation by the State and non-State actorsCommission of Inquiry into postelection violence (CIPEV) Report 2008

Objective: Analyze well-being impact of violations:Fatalities: ethnically targeted killings, mass murder by organized gangs, extrajudicial killings by the police.Sexual and gender-based violence: Rape, gang rape, sexual mutilation and loss of body parts.

Sample Findings:All said income and health were biggest lossesSocial assets, education, safety & status

Mathurwa Estates Evictions - NairobiThat the honourable court be pleased to issu a temporary injunction against the respondents, their servants, agents, and other such persons claiming under the respondents from demolishing, evicting, terminating leases or tenancies, transferring or in any way interfering or alienating the suit premises.That an order compelling the respondents jointly and severally to reconnect sewerage systems, water supply and toilet facilities. Perimeter fence and other amenities to the suit premises.

That the respondents be compelled to accept rent from the petitioners and the persons they represent forthwith or in the alternative, to deposit the same with the court.4. That an order that the respondents pay the costs of this application

5. Such other relief as this honourable court may deem fit to grant.TypologyStage:Pre-evictionDuringPost-eviction

Incident:Conflict, occupation, warDisasterProject Mega-event

Redress:AccountabilityReparationsJudicial processAdministrativePublic info/mediaOtherPersistent gaps, challengesHesitation of communityLength of questionnaire & time involved (balance between comprehensive and feasibility): should not take more than one hour per householdSome values could be discussed in focus group discussionNeed better training for enumerators (more precision, standard codes)Clarification/standardization of data entryVerification of data (validation with state data, triangulation)Sample group as an option where a larger group is not feasibleLonger-term lossesActuary methodsConfidentiality and confidence (not using actual names in analysis, some dont want sublet arrangements revealed)Use local people to have ownership/confidence, but need neutrality to ward against exaggerationIncluding advocacy costs (our costs, pro bono legal aid, etc.)Tool is learning tool for the communityChecking unrealistic expectations of the communityNeed more consultation with experts:Do we need to quantify the nonmaterial aspects, whether subject of (1) constitutional framework (2) moral damages through rectitudeCommon normalization of evictionIndirect and intangible costsScales of loss and types of deprivation are differentOpportunity losses/costs Addressing the material world and material tendencies to show the money & send a bill (project-related cases)Verify data as credible and policy relevant (victim centered and state centered)

Next steps to address those gaps, problems and dilemmasSubject values to a proportion of annual HH income (compare impacts across economic systems)Return to victims and/or proffer formulas and/or actuary methods to determine longer-term losses (II.8), e.g., defer to other/subsequent steps or qualified expertiseActuary methods for pain and suffering, life and limb (II.9), if only to defer it to other/subsequent steps or qualified expertiseTake small, manageable samples and extrapolate Supplement findings with key documents (e.g., receipts, titles)Develop composite indicators for:Public health (infant mortality neo-natal/post-natal care, access to immunization and TB/HIV medicines)Psychological well-being (leisure, security, privacy)Social cohesion/integration (community networks)Education (loss of education, potential income)Livelihood (income, earnings, quality of work, travel time/costs)Food/nutritionRehabilitationResistance Strategic opportunities for using the findings Civic education goal is built into the methodology (see II.12 above)Legal and policy reform to equip judges and policy makers to order and deliver reparations, including eligibility in the pre-eviction stageRehabilitation Bill before Indian ParliamentIndian Disaster-management Act implementationHuman Rights Impact Assessments of all sector of projectsImplementing Kampala ConventionDevelopment bank policiesCooperation with other UN agencies (UN HABITAT, UNICEF, OCHA, OHCHR, FAO, ILO, etc.), including UN testing of the tool.

Counting real costs A project ofHabitat International Coalition -Housing and Land Rights Network