LAND RIGHTS, RENTERS, SQUATTERS AND BARRACKS IN ACEH

Ainy FauziyahOXFAM

ACEH, THE TSUNAMI DISASTER AREA

December 2004 :– Aceh is located in northern province of Sumatra island, Indonesia– 167,000 dead or missing from tsunami– 500,000 displaced from homes– 50,000 were housed in barracks and 65,000 remained in tents– 80,000 – 110,000 new houses are needed– 25,000 families require some form of location, that between 15,000 and

50,000 ha of land are submerged or uninhabitable– Approximately 10,000 households need resettling as their land became

submerged/was ruined– 80% of land documents lost, including almost all the cadastral index maps– Destruction of much the physical evidence of property boundaries and

witness evidence held in the minds of those who perished

INDONESIAN GOVERNMENT TO RESPONSE THE TSUNAMI DISASTER

Form BRR (Reconstruction & Rehabilitation Agency)– It was established on April 16, 2005 for 4 years period – Mission : to restore livelihoods and strengthen communities in Aceh and

Nias by designing and overseeing a coordinated, community-driven reconstruction and development program implemented according to the highest professional standards.

– Role : As the lead Government agency responsible for post-tsunami rehabilitation and reconstruction, coordinating agency to ensure transparency, accountability, and speed in the reconstruction of Aceh and Nias, deliver necessary humanitarian assistance for tsunami affected displaced families, provide guidelines for housing policy,provide design and implementation of a barrack decommissioning plan.

Form RALAS (Reconstruction of Aceh Land and Administration System) Programme

RALAS PROGRAMME

It is the primary mechanism for confirming land rights

RALAS : Reconstruction of Aceh Land and Administration System was established by Government of Indonesia on May 2005, run by BPN the National Land Agency

Mission : To undertake a programme of systematic land titling designed to register up to 600,000 land parcels in tsunami-affected & adjacent communities.

Objective : – To assist for a community-mapping program which concentrate on

providing mapping for the areas that had land title certificates prior to the tsunami.

– To restore land rights after the disaster, focus on recording the ownership & boundaries of private land

THE ISSUE

Barracks– The major inhabitants are people whose land was destroyed by the

tsunami/waiting for the completion of their houses/landless prior to the disaster.

– They constitute a more vulnerable section of society who has not been able to benefit from the reconstruction efforts.

– According to the BRR latest survey, over 40% of the barracks population used to rent a house prior to the tsunami.

– There are no clear guidelines and plans for decommissioning in order to avoid any forced movement or relocations of IDPs since some of the leases for the barracks are coming up.

– The head of BRR, Pak Kuntoro, recently reaffirmed that the barracks must be closed by the June 2007

– The validation & verification of beneficiaries to filter out the fraudulent & non-legitimate claims is an extremely time consuming exercise & has caused unwanted delays in the overall reconstruction.

Land Rights (one of massive displacement and the need for a sustainable return)– The plight of landless that RALAS does not deal with the resettlement of 25,000

households who have been left landless after the tsunami – Ralas made no provision for recording & restoring the land rights for renters &

squatters– Approximately 10,000 households need resettling as their land became

submerged/was ruinedMost of land titles in the province were destroyed or made illegible

– Most people lost all their identification documents– Up to 15% of western Aceh’s agricultural land could be permanently lost

Renters & Squatters– 70,000 people remain in barracks, 20,000 of them are renters & squatters

(majority do not have housing commitments).– 35,000 families of pre-tsunami land & house owners whose land was destroyed

are awaiting resettlement to new location. Most of them currently remain in TLCs

THE ISSUE

WHAT OXFAM DOES

Since mid 2005, Oxfam has focused on issues of land rights and access. With UNDP, published report addressed 2 urgent issues :

– Tenure security to support housing, reconstruction & allocation– Minimizing land grabbing & land related conflict

In 2006, Oxfam has commissioned reports that highlighted several majors :

– A large gender disparity in house and land ownership – The precarious situation of renters & squatters – Their exclusion from government ‘s housing programme among

landowners, renters & squatters, but does not advocate them should receive exactly the same treatment as pre-tsunami landowners that would be socially divisive.

– Continued complications in the resettlement processes– Cases of multiple state claims on land where tsunami-affected

communities reside

Advocacy support to barracks

OXFAM’S ADVOCACY SUPPORT TO BARRACKS

Oxfam and other NGOs and international agencies are concerned by the fact that most of the housing projects will only be completed by the end of 2007 and in some cases in 2008. The objectives :

– To sensitise the Government and aid agencies on the living conditions and situation of the people living in the barracks;

– To ensure that those people most in need benefit from the Government’s new housing policy for pre-tsunami renters and squatters and that their human rights are respected;

– To monitor BRR and the local government policies regarding the decommissioning of the barracks and ensure that is no forced movements of IDPs before adequate housing solutions are found.

REGULATION TO LAND RIGHTS

BPN Decree No. 114-II.2005,9 : Land Registration Manual in Post Tsunami Areas

– Community Driven Adjudication (CDA) is a system which BPN, the National Land Agency developed a system whereby communities, assisted by specialised NGOs, agreed upon landownership & boundaries & developed their own land maps. CDA program does not confer statutory titles to land, as it is only National Land Agency/BPN can provide Statutory Land Titles through registration and certification.

– Orphans’ accessibility to register their right to land through RALAS.– Woman land owners including those who have inherited land/are not

married/have been widowed can register and receive certificate in their own name.

BRR Policy Press Statement (Banda Aceh : 19.09.06) on Joint Land Titling BRR/BPN joint agreement whereby wife & husband can make jointly names in the names of wife & husband to their land certificate.Land certification through RALAS to protect & evidence an owner’s rights over land.

BRR REGULATION TO RENTERS & SQUATTERS

March 2006 : BRR established regulation 21/2006 which distinction among landowners, renters & squatters :

– Pre tsunami landowners : who needed new land would receive ‘freehold land and a basic 36m2 house’.

– Pre tsunami renters & squatters : who could not return home would be given ‘a cash payment for land/housing on credit’.

• Renters : 40% of a basic 36m2 house in Banda Aceh• Squatters : 25% of a basic 36m2 house in Banda Aceh

September 2006 :

– Demonstration by 2,000 people living in TLC’s/barracks demanded BRR to pay more attention to them especially who had not received commitments for housing assistance

The demonstrations led to an internal BRR review of regulation 21/2006 regarding landowners, renters & squatters.

Why?– The provision of cash creates potential fraud and dissipation of

beneficiaries– Credit programme creates risks of default and foreclosure by financial

institution

Amended regulationFrom ‘able to have proper place of residence’ (previous regulation)

‘to have an appropriate shelter’ (amended regulation)

REVIEW REGULATION TO RENTERS & SQUATTERS

AMMENDED REGULATION TO RENTERS & SQUATTERS

Replaced the program of cash assistance with a policy of free land & housing for renters & squatters.

– Renters & squatters who own land will receive a minimum 36m2 houses either from BRR, an NGO or and International donor.

– Renters & squatters do not own land but has a commitment or a promise from an Empowerment Partner/other parties will receive one parcel land which will be provided by BRR

– Renters & squatters do not own land and have no housing commitment from an NGO/donor, will receive one parcel land plus 1 unit house type 21 m2 on land provided by BRR

– The land size is between 60 – 100 m2

IMPLEMENTATION

Suitable assessment of government-acquired land– BRR has acquired approx 700 ha in Labuy & Neuhun– 500 of 700 ha is earmarked to resettle landowners whose land

now is underwater.– The remaining 200 ha is now earmarked for renters & squatters.

BRR prefer to utilize renters & squatters on this land for housing, rather than on private land identified and obtained by the beneficiaries themselves

– In Labuy & Neuhun, BRR has prepared the resettlement plan in for interest NGOs/Donors. To these areas, BRR will provide accessibility, facilities and livelihood assistance.

– There is elementary and junior high school in Labuy, down from the hill whereby the resettlement area is located.

LABUY & NEUHUN, THE RESETTLEMENT AREA

Both of them are located on the hill, 17 km from Banda Aceh on the way to the sea port.

Several NGOs & donors are providing houses for renters & squatters at these locations (Chinese Charity foundation, Buddha Tzu Chi, Asian Development Bank, Islamic Relief & IOM)

Facilities : Buddha Tzu Chi has built school & mosque in the resettlement area (Labuy).

Challenges : – Considerable difficulty-particularly in terms of re-establishing ‘livelihoods &

access to service’ as there is no public transport from the main road to the resettlement area.

– The water shortage as it is the hill area. Thus, Buddha Tzu Chi has provided the bore hole.

– The needs of land certificate to each beneficiaries to limit the land dispute between beneficiaries

RESETTLEMENT AREA OF BUDDHA TZU CHI IN LABUY

CONCERN TO THE RESETTLEMENT AREA IN LABUY & NEUHUN

Some renters & squatters prefer to stay to the area closer to the city of Banda as their livelihood issue rather than move to Neuhun & Labuy as they are far from the city in Banda, 17 km.There is no public transportation from the main road in Labuy & Neuhun to the hill as the resettlements area.Some NGOs and Donors have not decided either they will allocate the renters & squatters to Labuy & Neuhun or somewhere closer to the city due to the ‘livelihood issue’.‘Livelihood, facilities & accessibility’ have played role to the resettlement project especially to the renters & squatters.Social cohesion is the next issue need to be anticipated as they come from different places before tsunami.

BARRIERS TO HOUSING RENTERS & SQUATTERS

Most renters & squatters in the tsunami zone lack adequate access to housing, while most barracks will be closed on June 2007 as their land leases expire.The link between housing entitlement & land ownershipImbalance in the house rental marketLack of supply of suitable landFebruary 2007, BRR estimated 14,280 verified victim households remaining in the barracks of which 4,082 were renters

Affect nature, implementation & chances of success of policies for renters & squatters

CUT FATIMAH SUCCESS STORY

She is a widow after tsunami, 57 years within 5 children.She was a renter, owned her clothe shop in Banda Aceh traditional market.Since tsunami, she lost her clothe shop and worked as casual labour. Within her daughter, she start the livelihood by opening food staler, phone card seller & cooker.She has sent her 3 daughters to the university in Banda Aceh, 17 km from Labuy.She has no livelihood assistance, but has been independence and happy to occupy her house within her daughters.

THE CHALLENGES

The validation & verification of beneficiaries to filter out the fraudulent & non-legitimate claims is an extremely time consuming exercise & has caused unwanted delays in the overall reconstruction.

Considerable difficulty-particularly in terms of re-establishing ‘livelihoods & access to service’.

The needs of land certificate to each beneficiaries to limit the land dispute between beneficiaries

THINK…

Shelter is not only related to the quality and amount of construction, but must be considered as a process, not as an object.

Resettlement and shelter interventions should support sustainable livelihoods.

THANK YOU