Yemen: Challenges to Housing, Land, and Property Rights

About this report

Aim: the report aims to provide a map of the HLP issues IDPs in Yemen are facing and highlight response gaps within the context of sustainable displacement solutions.

Methodology: the report is based on the secondary data analysis and review of publicly available sources and three key informant interviews with HLP experts in the Yemen response.

Limitations: this report provides a brief overview of HLP issues and a general analysis of gaps and needs. It does not include in-depth considerations of specific HLP issues, specific groups affected and in particular parts of the country, and changes over time because of a lack of data and information from dedicated assessments. Publicly available datasets capture some HLP-related issues but not to a level or degree allowing for the comprehensive analysis of issues, trends, and patterns.

OVERVIEW

Millions of people in Yemen experience years-long or multiple displacements (CCCM Cluster 15/03/2022). Sustainable solutions for IDPs in the country include returns to their area and community of origin, relocation to another part of the country, or integration into the host community where they have taken refuge (IASC 05/04/2010). Any long- or short-term efforts towards a solution must take into consideration people’s housing, land, and property (HLP) rights, which refer to their right to obtain and occupy a safe and secure home in which to live in peace and dignity, affirm socially or legally recognized entitlements to land and refer to the right to own property and decide how to use it (UNHCR unpublished). In the Yemeni context, the protection of HLP rights faces impediments that affect the efforts of IDPs to end their displacement and find durable solutions. HLP issues also remain a significant challenge to the effective delivery of humanitarian assistance (CCCM 15/03/2022).

Challenges to HLP rights in Yemen are complex and extensive. They include tenure insecurity, cases of overlapping land governance, inadequate land dispute resolution mechanisms, the lack of suitable land, and compromised water access for livelihood opportunities.

Providing dedicated assistance in protecting HLP rights as part of the response requires a thorough understanding of the relevant HLP issues and displacement dynamics. It calls for an integrated and multi-stakeholder response informed by a dedicated and reliable HLP information and analysis landscape. It also necessitates that IDPs are well informed about their options and the risks and opportunities attached to those, and that authorities take on their responsibilities to protect HLP rights.

KEY MESSAGES

• Many IDPs experience land tenure insecurity, which restricts temporary solutions from turning into durable solutions and creates the risk of multiple displacements, forced evictions, and exploitation.

• Displaced people living in non-camp IDP sites and among renters face forced evictions over a lack of tenure agreements and potential inability to pay rent. Forced evictions are a resource challenge for humanitarian services, which must provide infrastructure for new IDP sites.

• Conflict-induced displacement has created a huge influx to some cities, leading to higher service demands.

• Displaced women face protection issues in insecure tenure arrangements when unable to pay rent and when trying to claim their HLP rights in inheritance and divorce cases.

• Before the conflict, certain groups, such as women, already faced disadvantages in accessing their HLP rights. Both tradition and law largely restrict housing, land and property ownership to men. Members of the Muhamasheen in Yemen also face discrimination and cannot access their HLP rights. Access to adequate housing and land dispute resolution mechanisms has become even more difficult for those displaced.

• Refugees and asylum seekers face similar HLP issues as IDPs regarding host community integration.

• The lack of civil documentation of IDPs hampers any relocation, integration, or return efforts and access to services. IDPs may have lost documentation during displacement, authorities may have confiscated it, it may be outdated, or some IDPs may never have had any documents even before the conflict. The civil registry system for processing documents has largely collapsed or is rendered ineffective through competing governance claims in the IRG areas of Yemen.

• Relocation land is scarce, with territorial disputes between returnees and new owners, landlords unwilling to provide land for durable solutions, flood risks, and explosive remnants of war (ERW) aggravating the issue.

• An inefficient land registry system and verification mechanism for land titles and deeds, corruption, and land-grabbing hamper land dispute resolutions and durable displacement solutions.

• Local authorities have limited capacities to deal with land dispute resolution cases, and tribal land decisions sometimes weaken their authority and leverage.

• The lack of affordable housing influences IDPs’ choices for temporary and durable displacement solutions.

• Returnees do not have durable solutions for restoring HLP ownership, livelihood opportunities, and access to services.

• Durable displacement solutions are built on integrated analyses to gain situational awareness of the situations of IDPs and the HLP challenges they face. This integration requires a good understanding of the information available from and collaboration with host communities, local authorities and responders, and other stakeholders beyond the humanitarian response.