Rapid Assessment Report: Garasbaley Evictions

More than 11,622 persons in 18 settlements forced to flee, as land development increases due to Afgooye-Mogadishu road completion near Zam-Zam University area (Tabelaha village) in Garasbalay, Banadir region

Executive Summary

On 22 May 2021, 1,937 households approximately 11,622 people were evicted from 18 IDP settlements in Zam-Zam University area (Tabelaha village) in the Garasbalay, Benadir region. The majority of the evictees fled to other settlements in the area of Igadawage village close to their previous settlements (approximately a kilometer). An oral agreement spanning over six years, entered into between the land owner (through the landowner’s representatives) and IDPs allowed the communities to reside on the land for a period of 4 years without any risk or threat of forced evictions. The landowner recently returned from abroad to settle the land issues pertaining to his land in the presence of his representative.

The case was identified during routine outreach activities by NRC’s field team. This was followed by robust negotiation and mediation engagements to secure notice extension. After lengthy deliberations, all 18 IDP settlements secured two eviction notices from the landowner. The first notice was issued on 15th February 2021, for a period of three months. After the notice expired, the IDPs were expected to relocate. However, the IDPs were unable to relocate as planned. Following the expiry of the notice, the landowner returned to the site and engaged the stakeholders, subsequently extending the notice for seven days. This extension had an ultimatum to have the IDPs vacate the land at the end of the 7 days. With the new deadline, the IDPs had no option but to relocate to a new place.

The majority of the residents at the new site are also IDPs (not affected by this eviction) from various regions of Somalia, including Bay, Bakool, Lower/Middle Shabelle regions. These IDPs settled on this land between 2015 and 2016 as a result of forced evictions and drought that had subjected them to both primary and secondary displacement.

However, this assessment covers eviction-process related information as well as information on the current humanitarian protection situation of newly evicted IDPs including sector specific needs.

The following are key findings:

• All IDPs interviewed reported that there was no use of violence or force. The respondents also reported that they had received sufficient notice prior to the eviction.

• The eviction was enforced with sufficient notice of 3 months in line with National Eviction guidelines part II-procedure for eviction article 6.1.

• Most IDPs gracefully dislodged their housing units and no destruction of their personal belonging were reported.

• At the old site, the affected IDPs lived on land that had its tenure secured through an oral agreement. This was supported by a formal arrangement through a third party, a legally appointed representative of the land owner. However, the oral nature of the agreement placed the IDPs at a higher risk of a forced eviction.

• It is important to note that this was the second eviction threat to the IDPs who had been evicted using violence and force in 2015. This meant they were better prepared for this eviction and therefore a reasonable number facing this risk decided to flee the old site early to avoid their past ‘eviction experience.’

• At their previous location, the IDPs had limited access to humanitarian services, had lived on the land in question for over four years. They co-existed peacefully with the host communities, and built a good relationship with local authorities, who allowed them to have unlimited access to ‘security services’ and local markets.

• At their current location, their vulnerability and exposure to protection risks increased, there is no electricity, they lack access to formal schools and they do not have tenure security for the land.

• The evicted households have several humanitarian needs due to loss and destruction of property at the old site, these losses are as indicated below:

  • 24 latrines provided and constructed by NRC
  • 12 latrines provided by DRC
  • 43 latrines constructed by the IDP community.
  • Two community centers constructed by the IDPs.
  • Four Quranic schools constructed by the IDP community
  • 50 small scale businesses mainly operated by the IDPs
  • Two solar lamps donated by DRC