The Right to Housing and Property Restitution

The right to housing and property restitution

Housing and property restitution for refugees and displaced persons

Housing and property restitution for refugees and displaced persons

Housing and property restitution for refugees and displaced persons

Housing and property restitution for refugees and displaced persons 10

Housing and property restitution for refugees and displaced persons 39

Subject matter Non restitution of confiscated property based on citizenship

2005 Housing and property restitution for refugees and displaced persons

Principles on Housing and Property Restitution for Refugees and Displaced Persons

56 97. Return or restitution of cultural property to the countries of origin

58 17. Return or restitution of cultural property to the countries of origin

61 52. Return or restitution of cultural property to the countries of origin

Property restitution issues are an additional common obstacle to successful return of refugees and IDPs.

Housing and property restitution in the context of the return of refugees and internally displaced persons

The Committee held that a state cannot impose arbitrary conditions for the restitution of confiscated property.

2005 21 Housing and property restitution for refugees and displaced persons, paragraph 8 see also paragraph 156 above

The right to restitution exists as a distinct right, and is prejudiced neither by the actual return nor non return of refugees and displaced persons entitled to housing, land and property restitution.

13.6 States should ensure that users of housing, land and or property, including tenants, have the right to participate in the restitution claims process, including through the filing of collective restitution claims.

An example is the development of the Principles on Housing and Property Restitution for Refugees and Internally Displaced Persons.

22.6 International peace operations, depending on the mission context, should be requested to support the protection of the right to housing, land and property restitution, including through the enforcement of restitution decisions and judgements.

As such, the Principles incorporate a forward looking and holistic approach to housing, land and property restitution under international law.

4.3 States shall ensure that housing, land and property restitution programmes, policies and practices do not disadvantage women and girls.

12.6 States should include housing, land and property restitution procedures, institutions and mechanisms in peace agreements and voluntary repatriation agreements.

20.1 States should designate specific public agencies to be entrusted with enforcing housing, land and property restitution decisions and judgements.

Persons whose property had been confiscated were, under section 23.2 of the Act, eligible to recover their property, subject to conditions to be spelled out in a separate restitution law.

In order to minimize destruction and looting, States should develop procedures to inventory the contents of claimed housing, land and property within the context of housing, land and property restitution programmes.

In the case of the restitution claim of the property in Letkov, the domestic courts held that the author had not proven that the current owners had acquired his property unlawfully.

4.2 States should ensure that housing, land and property restitution programmes, policies and practices recognize the joint ownership rights of both male and female heads of the household as an explicit component of the restitution process, and that restitution programmes, policies and practices reflect a gender sensitive approach.

12.3 States should take all appropriate administrative, legislative and judicial measures to support and facilitate the housing, land and property restitution process.

20.3 States should adopt specific measures to prevent the public obstruction of enforcement of housing, land and property restitution decisions and judgements.

According to him, the principal precondition for the restitution of his property is the Czechoslovak citizenship of his parents after the war.

Lack of such alternatives, however, should not unnecessarily delay the implementation and enforcement of decisions by relevant bodies regarding housing, land and property restitution.

Under it, a person claiming restitution of property had to (a) be a Czech Slovak citizen and (b) be a permanent resident in the Czech Republic to claim entitlement to regain his or her property.

Recalling Security Council resolution 1483 (2003), adopted on 22 May 2003, in particular paragraph 7 relating to the restitution of the cultural property of Iraq,

Recalling Security Council resolution 1483 (2003), adopted on 22 May 2003, in particular paragraph 7 relating to the restitution of the cultural property of Iraq,

4.1 States shall ensure the equal right of men and women, and the equal right of boys and girls, to housing, land and property restitution.

1.1 The Principles on housing and property restitution for refugees and displaced persons articulated herein are designed to assist all relevant actors, national and international, in addressing the legal and technical issues surrounding housing, land and property restitution in situations where displacement has led to persons being arbitrarily or unlawfully deprived of their former homes, lands, properties or places of habitual residence.

17. Decides to include in the provisional agenda of its sixtieth session the item entitled Return or restitution of cultural property to the countries of origin .

In the first case (the Letkov property), the Plzen mesto District Court refused the restitution claim on 13 November 1995, because the author did not fulfil the citizenship requirement during the initial period open for restitution claims, i.e. 1 October 1991 at the latest.

14. Decides to include in the provisional agenda of its fifty eighth session the item entitled Return or restitution of cultural property to the countries of origin .

22. Decides to include in the provisional agenda of its sixty fourth session the item entitled Return or restitution of cultural property to the countries of origin .

12.1 States should establish and support equitable, timely, independent, transparent and non discriminatory procedures, institutions and mechanisms to assess and enforce housing, land and property restitution claims.

Endorses the Principles on Housing and Property Restitution for Refugees and Displaced Persons and encourages their application and implementation by States, intergovernmental organizations and other relevant actors

Restitution