Tag Words: Due Diligence; Housing, Land and Property Rights; Shelter;

Context

The guidance and accompanying checklists are intended for shelter actors conducting due diligencefrom the project planning to evaluation phase.

Summary

The Land rights and Shelter Due Diligence Standard provides a brief explanation of the different tenure types,[1] regulatory contexts,[2]and requirements of shelter actors to meet the due diligence standards adopted by the Global Shelter Cluster.[3] It provides a brief definition of due diligence as a process of research and analysis in any given situation to avoid harm to other persons or property.[4]

The guidance is divided into four sections covering the lifecycle of shelter projects. These include:

1. Planning – Understanding the Context[5]
2. Planning – Ensure sufficient certainty[6]
3. Implementing[7]
4. Evaluating[8]

Planning to understand the context focuses on obtaining general information about the land rights to understand the HLP contextual and legal landscape, including a checklist to guide this analysis. Useful considerations regarding varying legal contexts, formal law and land management distinctions and stakeholders in land management is provided. This section also includes guidance on stakeholders to engage to obtain the information and the expected outcome of the checklist.

Planning to obtain sufficient legal certainty prompts the shelter actor to answer the question if they have enough legal certainty about the land rights of the shelter plot and beneficiaries to proceed with the project. Guidance on documenting the due diligence process and findings is provided. The accompanying checklist focuses on obtaining information about what the land rights of the shelter plot are and the legal status of the beneficiaries regarding the shelter plot, including the expected outcomes of this analysis.

Implementing section provides guidance on when to refer to HLP specialists or bring HLP issues to the attention of the shelter cluster. The checklist for implementing focuses on identifying focal points, internal procedures and potential law changes as a result of the emergency. The expected outcome from this step is to be able to anticipate and prevent the interruption or cease of shelter projects due to land issues.

Evaluation highlights actions that can be taken by shelter actors to reduce land related risks or issues after shelter operations have ended or to ensure issues can be effectively addressed. The checklist covers engaging with local authorities, information sharing protocols, and handover considerations.  

Link to Text:   

Land Rights in Shelter Due Diligence Standard

Available Languages: English

[1] Global Shelter Cluster. Land Rights and Shelter: The Due Diligence Standard. (2013). P.2.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid. P.5.

[6] Global Shelter Cluster. Land Rights and Shelter: The Due Diligence Standard. (2013). P.6.

[7] Ibid. P.8.

[8] Ibid. P.10.