Land Rights Tools Support Urban Development in Haiti

2014 World Bank Conference on Land and PovertyLiz Blake, SVP Habitat for Humanity International

March 25, 2014

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The challenge of fighting poverty increasingly lies in urban areas, fast becoming home to world’s largest slums. 1.4 billion additional people anticipated by 2030, with 96 % in urban centers.

For cities to avoid becoming hubs of poverty, policy-makers must plan efficient land-use, match population densities with the required needs for transport, housing and other infrastructure, and arrange financing for urban development programs

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Globally, more than 4 billion people lack formal property rights or documentation, subsist without permanent homes, or lack access to land altogether.

Urban planning requires clarity about land rights.

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Haiti ranked 138th out of 188 countries for steps, time and cost involved in registering property. 60% of landowners lacked legal documentation of land prior to 2010.

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At peak of crisis following 2010 earthquake, ~ 1,500 camps sheltering > 1.5 M internally displaced persons (IDPs) were scattered across Port-au-Prince and nearby peri-urban areas.

As of 4th anniversary, on January 12, 2014, 147,000 IDPs remain in 271 urban camps.

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Brookings/IOM found 60.9% of surveyed households displaced by the earthquake report that their overall living conditions have worsened since the earthquake. Durable solutions including jobs for those still displaced depend on secure tenure.

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Seven ministries & two agencies with jurisdiction over land

• Public Works, Transport and Communication• Economy and Finance (including DGI)• Interior and Regional Authorities• Justice and Public Security• Inter-Ministerial Committee for Town and Country Planning

(CIAT)• Agriculture and Rural Development• Unit for the Construction of Housing and Public Buildings

(UCLBP)• Social Affairs and Labor (including EPPLS)• Planning and External Cooperation (Prime Minister runs)

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• Finance’s General Tax Office & Public Works, Urban Planning Service are most important.

• Neither has the capacity, training or resources to adequately enforce land rights, transactions, construction, planning, especially urban planning.

• UCLBP key to urban development including Cannan, 180M invested by 200k squatters.

• CIAT work on planning and cadastre is promising but years in the making.

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Haiti Property Law Working Group• Intent: stimulate reconstruction and economic growth

through transparent and standardized land processes. • Purpose: clarify and document current procedures to buy and

sell property in Haiti and formalize land rights; make current procedures better known and recommend improvements.

• Process: 130 participants - lawyers, notaries, surveyors, donors, NGOs, and 6 Haitian agencies, multilaterals including WB, USAID, CIDA, IDB and private sector players – banks and PACEGI - meeting regularly since June 2011.

• Audience: donors, investors and professionals • Funding: Grants from Digicel Foundation; USAID grant

approved; funds needed for additional training and policy recommendations.

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Color coded step by step instructions

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Supporting Increased Capacity for Land Development

• Manual in French and English. Training materials include Creole

• Customary procedures identified through examples:

MAKE SURE THE BILL OF SALE IS RECORDEDSometimes the notary will have the bill of sale executed without sending it to be recorded and transcribed at the DGI. The bill is valid but does not have the same strength in case of a dispute because only the recording and transcriptions will ensure ownership with certainty….

• Increased transparency and streamlined transactions • Increased activity for housing sector and jobs creation

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Endorsed by:

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Trainings Have Increased Capacity for Land Development

• Private sector -high interest among bankers, real estate developers and NGOs purchasing property; demand from Haitian Chamber and AmCham; key role with PACEGI

• Public Sector – senators, ministers, judges, tax authorities, lawyers, surveyors and mayors seeking manuals and trainings.

• Manual 1 in third printing.

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Manual 2 Covers:• Regulatory framework, laws, statutes, decrees and executive

orders applicable to regularizing or formalizing land rights including enforcement and dispute resolution.

• Related customary land processes.• Role of the private sector and government actors at the

national and local levels.• Work of other groups currently addressing land issues.• Eminent domain, adverse possession, title

guarantee/insurance, guidance concerning dispute resolution and the jurisdiction of relevant courts

• Government’s existing capacity to apply current laws and processes and to make consistent, fair, timely and enforceable decisions.

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Current Work Plan• Continue Manual 1 trainings• Finish French Manual 2 (text, layout, printing)• Prepare English version of Manual 2 targeting Diaspora and

foreign investors• Prepare a Creole version of Manual 2

– Identify person who speaks legal Creole and a good translator;– Supervise creole translation of Manual 2

• Go back and prepare Creole version of certain parts of Manual 1, including some Creole charts

• Creating a comprehensive dissemination plan- adding radio and television

• Joint training for Manuals I and 2• Update wwwlandlaws.org website.

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Habitat Next Steps: Work with UCLBP on Canaan application of Manual 2; developing case study to replicate HPLWG in Habitat.

Merci.