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

Return or restitution of cultural property to the countries of origin 27

These still require political action to resolve reconstruction needs and property restitution.

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

Housing and property restitution in the context of refugees and other displaced persons

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

4. Return or restitution of cultural property to the countries of origin 27

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

On 6 December 1991, the author and his brothers claimed the restitution of their property.

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

He requests the Committee to seek restitution of his property or, alternatively, the full proceeds of its sale.

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.

The independent expert, who also serves as the Special Rapporteur of the Subcommission on housing and property restitution in the context of the return of refugees and internally displaced persons, has elaborated Principles on Housing and Property Restitution for Refugees and Displaced (E CN.4 Sub.2 2005 17, annex) and explanatory notes on the Principles which reaffirm the rights of refugee and displaced persons, including boys and girls, to housing, land and property restitution.

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.

On 6 December 1991, the author and his brothers, through Czech solicitors, submitted a claim for restitution of their property.

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.

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.

Nevertheless, some aspects of that protection should be made clearer, such as repatriation under safe conditions and the restitution of property.

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.

It decided that the State party was under an obligation to provide the author with compensation and or restitution of his property.

He explained that in cases relating to the restitution of property, the courts proceeded slowly because of the sheer number of complaints.

Moreover, measures should be taken to ensure the functioning of an independent judicial system, the restitution of property and the payment of compensation.