0521858755 cambridge university press housing and property restitution rights of refugees and displaced persons laws cases and materials may 2007

This page intentionally left blank housing, land, and property restitution rights of refugees and displaced persons The legal recognition of the housing, land, and property rights of refugees and displaced persons has expanded steadily in recent years as the realization has grown that securing these rights will be beneficial to long-term peace, stability, economic vitality, and justice This volume contains more than 240 of the laws, cases, and materials that have been adopted during the past century that accord those unjustly and arbitrarily displaced from their homes and lands with rights: not simply to return to their countries or places of origin, but to return to the original home, land, or property from which they were initially forced to flee The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain Scott Leckie is an international human rights lawyer and advocate He is active in many fields, including economic and social rights, housing rights, forced evictions, housing and property restitution rights for refugees and displaced persons, human rights issues in postconflict and postdisaster situations, and business and human rights also by scott leckie United Nations Peace Operations and Housing, Land and Property Rights: Proposals for Reform (ed., 2007) Returning Home: Housing and Property Restitution Rights of Refugees and Internally Displaced Persons, Volume (ed., 2007) Legal Resource Guide on Economic, Social and Cultural Rights (ed., with Anne Gallagher, 2006) Returning Home: Housing and Property Restitution Rights of Refugees and Internally Displaced Persons (ed., 2003) National Perspectives on Housing Rights (ed., 2003) When Push Comes to Shove: Forced Evictions and Human Rights (1995) Destruction by Design: Housing Rights Violations in Tibet (1994) From Housing Needs to Housing Rights (1992) Housing, Land, and Property Restitution Rights of Refugees and Displaced Persons Laws, Cases, and Materials Edited by scott leckie Executive Director Centre on Housing Rights and Evictions (COHRE) CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521858755 © Cambridge University Press 2007 This publication is in copyright Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press First published in print format 2007 eBook (EBL) ISBN-13 978-0-511-28497-7 ISBN-10 0-511-28497-7 eBook (EBL) ISBN-13 ISBN-10 hardback 978-0-521-85875-5 hardback 0-521-85875-5 Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate For all of you Blameless Yet punished, condemned To everyone but you nameless Gazing Eyes of hope, worn by fear And yet Longingly, The edges of a smile lurks Dreams of home Perpetually near Contents Acknowledgments Preface xix part one housing and property restitution standards – international page xvii International Standards International Humanitarian Law 1.1 1.2 1.3 1.4 Hague Convention (IV) Respecting the Laws and Customs of War on Land (1907) Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (1949) Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol 1) (1977) Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (1977) International Human Rights Law 1.5 1.6 Universal Declaration of Human Rights (1948) International Convention on the Elimination of All Forms of Racial Discrimination (1965) 1.7 International Covenant on Economic, Social and Cultural Rights (1966) 1.8 International Covenant on Civil and Political Rights (1966) 1.9 Convention on the Rights of the Child (1989) 1.10 Convention (No 169) Concerning Indigenous and Tribal Peoples in Independent Countries (1989) International Criminal Law 1.11 Rome Statute of the International Criminal Court (1998) 4 6 International Refugee Law 11 1.12 Convention Relating to the Status of Refugees (1951) 1.13 Protocol Relating to the Status of Refugees (1967) 11 11 The International Law of State Responsibility 12 1.14 International Law Commission’s Draft Articles on Responsibility of States for Internationally Wrongful Acts (2001) 12 Specific Restitution Standards 13 1.15 ‘Pinheiro’ Principles on Housing and Property Restitution for Refugees and Displaced Persons (2005) 1.16 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law (2005) 13 20 vii viii Contents Peace Agreements 25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 Cambodia – Agreement on a Comprehensive Political Settlement on the Cambodia Conflict (1991) El Salvador – Peace Agreement between the Government of El Salvador and the Frente Farabundo Mart´ı para la Liberaci´on Nacional (1992) Mozambique – The Rome Process: General Peace Agreement for Mozambique (1992) Liberia – Cotonou Agreement (1993) Rwanda – Arusha Peace Agreement (1993) Bosnia-Herzegovina – General Framework Agreement on Peace in Bosnia-Herzegovina (Dayton Peace Agreement) – Annex 7: Agreement on Refugees and Displaced Persons (1995) Guatemala – Agreement on Identity and Rights of Indigenous Peoples (1995) Croatia – The Erdut Agreement (1995) Tajikistan General Agreement on the Establishment of Peace and National Accord – Protocol on Refugee Issues (1997) Sierra Leone – Lom´e Peace Agreement (1999) Burundi – Arusha Peace and Reconciliation Agreement for Burundi (2000) Ethiopia and Eritrea – Agreement between the Government of the Federal Democratic Republic of Ethiopia and the Government of the State of Eritrea (2000) Liberia – Comprehensive Peace Agreement between the Government of Liberia and the Liberians United for Reconciliation and Democracy (LURD) and the Movement for Democracy in Liberia (MODEL) and Political Parties (2003) Sudan – Comprehensive Peace Agreement – Agreement on Wealth Sharing during the Pre-Interim and Interim Period (2004) 25 28 30 30 31 31 34 36 37 38 38 41 43 43 Voluntary Repatriation Agreements 45 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 Socialist Republic of Vietnam and UNHCR (1988) Republic of South Africa and UNHCR (1991) Guatemala and UNHCR (1991) United Republic of Tanzania, Democratic Republic of the Congo and UNHCR (1991) Islamic State of Afghanistan, Republic of Iran and UNHCR (1992) Republic of Mozambique, Zimbabwe and UNHCR (1993) Union of Myanmar and UNHCR (1993) Abkhazia, Georgia, Russian Federation and UNHCR (1994) United Republic of Tanzania, Republic of Rwanda and UNHCR (1995) Republic of Angola and UNHCR (1995) Republic of Liberia and UNHCR (1996) Republic of Burundi, United Republic of Tanzania and UNHCR (2001) The French Republic, the Islamic Transitional State of Afghanistan and UNHCR (2002) United Kingdom of Great Britain and Northern Ireland, the Transitional Administration of the Transitional Islamic State of Afghanistan and UNHCR (2002) The Islamic Transitional State of Afghanistan, the Government of the Netherlands and UNHCR (2003) Republic of Zambia, Republic of Rwanda and UNHCR (2003) Islamic Republic of Iran, the Islamic Transitional State of Afghanistan and UNHCR (2003) Republic of Rwanda, Republic of Uganda and UNHCR (2003) Republic of Burundi, Republic of Rwanda and UNHCR (2005) Republic of Sudan, Democratic Republic of Congo and UNHCR (2006) 45 46 46 46 47 47 47 48 51 51 52 52 53 54 54 55 55 55 56 56 556 human rights law, international, 3–12 See also Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law; Convention on the Rights of the Child; Convention Relating to the Status of Refugees; International Covenant on Civil and Political Rights; Principles on Housing and Property Restitution for Refugees and Displaced Persons; Rome Statute of the International Criminal Court; UN Commission on Human Rights; UN Sub-Commission on the Protection and Promotion of Human Rights; Universal Declaration of Human Rights American Convention on Human Rights, 181–182 American Convention on Human Rights: “Pact of San Jos´e, Costa Rica,” 147, 150 Arab Charter on Human Rights, 186 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, 20–25 Cairo Declaration on Human Rights in Islam, 183 Convention Concerning Indigenous and Tribal Peoples in Independent Countries, Convention for the Protection of Human Rights and Fundamental Freedoms, 147, 182–183 Convention on the Rights of the Child, 5–6 Convention Relating to the Status of Refugees, 11 European Court on Human Rights, 70, 114, 121 Human Rights Law, 184 International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Civil and Political Rights, 4–5 Index International Covenant on Economic, Social and Cultural Rights, Principles on Housing and Property Restitution for Refugees and Displaced Persons, 13–20 Protocol Relating to the Status of Refugees, 11–12 under Resolution 2000/62, 112–113 Rome Statute of the International Criminal Court, 6–10 Universal Declaration of Human Rights and, 3, 149, 150, 175 humanitarian law, international, 1–25 See also Geneva Convention IV; Hague Convention IV under Geneva Convention IV, 1–2 under Hague Convention IV, Principles on Housing and Property Restitution for Refugees and Displaced Persons and, compatibility with, 15 under Resolution 2000/62, 112–113 Hurwitz, Agnes, 159 HVMs See Housing Verification and Monitoring Units ICC See International Criminal Court ICRC See International Committee of the Red Cross IMF See International Monetary Fund INCORA See Regional Managers of the Colombian Land Reform Institute indigenous peoples under Agreement on Identity and Rights of Indigenous Peoples, 34–36 CERD on, 168–169 Convention Concerning Indigenous and Tribal Peoples in Independent Countries and, land-tenure systems and, 35 Inter-American Commission on Human Rights, 114, 121 internal displacement, guiding principles (UN Commission of Human Rights), 107–108 See also refugees; repatriation agreements, voluntary; repatriation, enforced; repatriation, voluntary for resettlement, 108 scope, 107–108 International Committee of the Red Cross (ICRC), 27 Declaration on the Protection of Refugees and Displaced Persons in the Arab World and, 184 General Framework Agreement on Peace in Bosnia and Herzegovina and, 32 Resolution 687 and, 75 Resolution 1199 and, 80 International Convention on the Elimination of All Forms of Racial Discrimination, 3, 147 International Court of Justice, permanent, 359–362 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 361–362 The Factory at Ch´orzow (Indemnity) Case, 359–361 International Covenant on Civil and Political Rights, 4–5, 147, 149, 150 liberty of movement under, repatriation under, International Covenant on Economic, Social and Cultural Rights, 4, 147 International Criminal Court (ICC) civilian reparations in, 112 international human rights law See human rights law, international international humanitarian law See humanitarian law, international International Law Association, 174–176 International Law of State Responsibility, 12–13 compensations under, by state, 12 reparations under, 12 restitution under, 12 satisfaction under, 12 International Monetary Fund (IMF), 38 Index international organizations See commissions; committees; International Committee of the Red Cross; United Nations; United Nations Development Programme international war See war, international International Year of Shelter for the Homeless, 161 IPCC See Iraq Property Claims Commission IPRF See Iraqi Property Reconciliation Facility IPTF PLIP and, 215–216 Iran, Republic of Afghani refugees in, 55 UNHCR in, 47, 55 Iraq, 318–340 See also Iraq Property Claims Commission; Statute of the Commission for the Resolution of Real Property Disputes Ba’ath Party in, 319 Civil Retirement Law, 340 Coalition Provisional Authority Number in, 318–319 Coalition Provisional Authority Regulation Number in, 319–320 Coalition Provisional Authority Regulation Number 12 in, 320–334 IPCC in, 320–334 IPRF in, 319–320 Law of Discipline of the Employees of the State in, 340 Statute of the Commission for the Resolution of Real Property Disputes in, 334–340 Iraq Property Claims Commission (IPCC), 320–334 adjudication under, 331–332 appeals to, 325–327, 332–333 claims under, 328–331 composition of, 324–334 establishment of, 321 legal effectiveness of, 333–334 principles of, 322–323, 331 procedures under, 321–322 provisions of, 324 regional commissions of, 327–328 settlements under, 331 structure of, 321 557 Iraqi Property Reconciliation Facility (IPRF), 319–320 Ireland Afghani refugees in, 54 Iron and Steel Act of 1949, 394 Iron and Steel Act of 1967, 399 Islamic Bank, 38 Italy Zubani v Italy and, 423–427 James and Others v the United Kingdom, 535 Jantner v Slovakia, 483–486, 495 Jasiuniene, Stase, 467 Jasiuniene v Lithiuania, 466–469 JNA See Yugoslav People’s Army Joint Declaration by the Governments of the Federal Republic of Germany and the German Democratic Republic on the settlement of unresolved property issues, 317 Jones, Lisa, 159 Josef Frank Adam v The Czech Republic, 373–378, 387 Judicial Reform Programme (PLIP), 218 Kammerlander, Johanna, 369 Karabulut, Mehmet, 430, 431 Dr Karel Des Fours Walderode v The Czech Republic, 369–373 “Karpas Brief,” 452 Klaus, Vaclav, 29 Kosovo, 125, 127, 128, 141, 151, 340–353 See also Regulation 1999/23; Regulation 2000/60 Law on Changes and Supplements to the Limitations on Real Estate Transactions in, 128, 341 Law on Housing in, 343, 344 Law on Special Conditions Applicable to Real Estate Transactions in, 343 Law on the Conditions, Ways and Procedures of Granting Farming Land to Citizens Who Wish to Work and Live in the Territory of the Autonomous Province of Kosovo and Metohija for, 341 Regulation 1999/10 for, 340–341 Regulation 1999/23 for, 341–342 Regulation 2000/60 for, 342–353 Resolution 1199 for, 79–80 UNMIK in, 141 Krizek, George, 384, 385 ă uk, ă Yalcin, 450 Kuc Kuwait, 125, 151 under Resolution 674, 74 under Resolution 687, 74–75 Land Act, 41 Land Administration Act, 496, 500, 502, 503 Land Bank, 28 Land Ownership Act, 484, 485, 486, 487 land rights under Agreement on Identity and Rights of Indigenous Peoples, 34–36 under Agreement on Wealth Sharing during the Pre-Interim and Interim Period, 43–44 under Arusha Peace and Reconciliation Agreement for Burundi, 41 in Liberia, 52 in Sudan, 56 land-tenure systems under Agreement on Identity and Rights of Indigenous Peoples, 35 under Peace Agreement between the Government of El Salvador and the Frente Farabundo Mart´ı para la Liberaci´on Nacional, 28–29 Lavadenz Paccieri, Isabel G., 159 Law No 112 (Regulating the Legal Status of Certain Residential Property), 353–354 Law of Discipline of the Employees of the State, 340 Law of Georgia on Property Restitution and Compensation on the Territory of Georgia for the Victims of Conflict in Former South Ossetia District, 306–317 See also Commission on Restitution and Compensation Commission on Restitution and Compensation and, 308–313 definitions within, 307 principles of, 307 property restitution/ compensation under, 308 purpose of, 307 scope of, 307–308 558 Law of Property Act, 301 Law of the Republic of Georgia Concerning Internally Displaced People, 306 Law of the Republic of Tajikistan on Forced Migrants, 357–358 Law on Abandoned Apartments, 237 Law on Administrative Procedures, 238, 241, 249, 250, 252, 254, 255, 258, 260, 265, 267, 268, 269 Law on Administrative Procedures, 233, 236 Law on Amendments to the Law on Housing Relations, 205, 259 Law on Amendments to the Law on Taking Over of the Law on Housing Relations, 240 Law on Changes and Supplements to the Limitations on Real Estate Transactions, 128, 341 Law on Civil Procedures, 238, 249, 258 Law on Civil Procedures, 236 Law on Housing, 343, 344 Law on Housing Relations, 238, 248, 259, 266, 270, 274, 343 Law on Implementation of the Decisions of the Commission for Real Property Claims of Displaced Persons and Refugees, 206–208, 209–212, 237, 263–269 Law on Matrimonial Regimes and Succession, 139 Law on Obligations, 245, 259 Law on Privatization of State Owned Apartments, 260 Law on Renting Apartments in the Liberated Areas, 137 Law on Restitution and Compensation of Property, 189–197 abrogation under, 196–197 alienation under, 190 appeals to, 195 auditing under, 196 “building sites” under, 190–191 compensation under, 189, 191–192, 196 definitions within, 189–190 exclusions to, 190 expropriation under, 190 forcible entry under, 197 housing and, 191 Index local commissions for, 194–195 movable property under, 190 municipal property under, 191 object of, 189 ownership under, 190 previous decisions under, 196 process termination under, 196 property rights under, 189, 190 property valuation under, 192 right of first refusal under, 192 state commissions for, 192–195 state documentation for, 196 sub-legal acts and, 196 time limits under, 195 transitory provisions for, 196 Law on Sale of Apartments with Occupancy Rights, 245 Law on Special Conditions Applicable to Real Estate Transactions, 343 Law on Temporary Taking Over and Administration of Specified Property (LTTP), 79, 137, 146 Law on the Cessation of Application of the Law on Abandoned Apartments, 205, 210, 237–247, 264 CRPC and, 241, 244, 245 fines under, 247 household definitions under, 243 occupancy rights under, 239–245 temporary users under, 237, 239, 243 Law on the Cessation of Application of the Law on the Use of Abandoned Property, 198–204, 207, 247, 267 alternative accommodation under, 261–262 claims under, 199–200, 250 CRPC and, 251, 252, 254 fines under, 262 multiple occupancy under, 257 occupancy rights under, 201–203, 252–253, 256 property rights under, 199–201, 249–252 provisions of, 203–204, 247–249, 256–261, 262 temporary users under, 257–258, 261–262 Law on the Cessation of the Application of the Law on Temporary Abandoned Real Property Owned by Citizens, 210, 230–237, 244, 246, 264 alternative accommodations under, 232 CRPC and, 233, 234 definitions under, 231, 235 fines under, 236–237 General Framework Agreement on Peace and, 234 Law on Administrative Procedures and, 233, 236 Law on Civil Procedures and, 236 Law on Obligations and, 237 multiple occupancies under, 234–235 property return under, 232–237 provisions, 230–232 temporary users under, 231–232, 235–236 Law on the Conditions, Ways and Procedures of Granting Farming Land to Citizens Who Wish to Work and Live in the Territory of the Autonomous Province of Kosovo and Metohija, 341 Law on the Social Protection of Internally Displaced Persons and Persons with Equal Status, 197 definitions under, 197–198 property rights under, 198 provisions under, 198 purpose of, 197 scope of, 198 social protections under, 198 Law on the Status on Refugees and Internally Displaced Persons, 197–198 concept of, 197 Law on Use of Abandoned Property, 138, 247, 249, 259, 260 Law Regulating the Application of the Law on Temporary Abandoned Real Property Owned by Citizens, 205 League of Arab States, 185 lease contracts, 300–301 Leckie, Scott, 159 Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory, 104 Lewis, Dan, 159 Liberia Comprehensive Peace Agreement Between the Government of Liberia and Liberians United Index for Reconciliation and Democracy (LURD) and Movement for Democracy in Liberia (MODEL) and Political Parties and, 43 Cotonou Agreement for, 30–31 human rights in, 52 land rights in, 52 repatriation to, 52 Section-F property in, 52 UNHCR in, 52 “vulnerable” groups in, 52 Liberians United for Reconciliation and Democracy (LURD) See Comprehensive Peace Agreement Between the Government of Liberia and Liberians United for Reconciliation and Democracy (LURD) and Movement for Democracy in Liberia (MODEL) and Political Parties Lindholm-Billing, Karolina, 159 Lithgow and the Others v United Kingdom, 394–407 compensation entitlements and, 397–407 international law applied in, 395–397 property rights as part of, 395 Lithgow, Sir William, 404, 407 Lithuania Jasiuniene v Lithiuania and, 466–469 Restitution of Property Act in, 467 Loizidou v Turkey, 412–423, 525, 527, 532 imputability issues within, 416–418 nonpecuniary damages from, 422–423 pecuniary damages from, 421–422 property rights issues within, 418–419 satisfaction entitlements in, 420–421 TNRC creation and, 416–419 Lom´e Peace Agreement (Sierra Leone), 38 refugees/displaced persons under, 38 Lăonnroth, I.M., 389 LTTP See Law on Temporary Taking Over and Administration of Specified Property 559 Ludekin, Gert, 159 Makinson, Carolyn, 159 Malhous v The Czech Republic, 519 Malik v The Czech Republic, 383 Mellacher and Others v Austria, 535 MHRR See Ministry of Human Rights and Refugees Middle East, 184 See also Afghanistan; Cyprus; Iran, Republic of; Iraq; Kuwait; Palestine Arab Charter on Human Rights for, 186 Cairo Declaration on Human Rights in Islam, 183 Declaration on the Protection of Refugees and Displaced Persons in the Arab World, 184–186 League of Arab States in, 185 resources for, 544–545 Military Property Agency, 491, 500, 503, 504 Ministerial Order No 101, 354–355 Ministry of Human Rights and Refugees (MHRR), 225 Ministry of Refugees and Displaced Persons (MRDP) PLIP and, 218 Mirescu, Mircea Dan, 437, 438 Miroslav Blazek, George A Hartman and George Krizek v The Czech Republic, 384–387 Morocco under Resolution 1672, 91 Movement for Democracy in Liberia (MODEL) See Comprehensive Peace Agreement Between the Government of Liberia and Liberians United for Reconciliation and Democracy (LURD) and Movement for Democracy in Liberia (MODEL) and Political Parties Mozambique, Republic of, 127 The Rome Process: General Peace Agreement for, 30 UNHCR in, 47 MRDP See Ministry of Refugees and Displaced Persons Myanmar, Union of GOUM in, 47 UNHCR in, 47–48 Namibia, 125, 151 National Commission for the Rehabilitation of Sinistr´es (CNRS), 39, 40 National Fund (Burundi), 41 National Land Commission (Sudan), 44, 45 Southern Sudan Land Commission and, 44–45 National Reconstruction Plan Peace Agreement between the Government of El Salvador and the Frente Farabundo Mart´ı para la Liberaci´on Nacional and, 28 National System of Aid to the Displaced Population, 293 Nationalisation of Private Industrial and Mining Enterprises Act, 288, 289 Naturalization Treaty, 384 The Netherlands Afghani refugees in, 54–55 New York Agreement land-tenure systems under, 29 Peace Agreement between the Government of El Salvador and the Frente Farabundo Mart´ı para la Liberaci´on Nacional and, 28 non-discrimination rights under Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, 25 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 14 Norodom Sihanouk (Prince), 26 North America, 181–182 American Convention on Human Rights for, 181–182 resources for, 545 Norwegian Refugee Council (NRC), 159 NRC See Norwegian Refugee Council Nuri, S A., 37 OAU Convention Governing the Specific Aspects of Refugee Problems, 181, 184 voluntary repatriation under, 181 560 occupancy rights CRPC and, 272–274 Law on Sale of Apartments with Occupancy Rights and, 245 under Law on the Cessation of Application of the Law on Abandoned Apartments, 239–245 under Law on the Cessation of Application of the Law on the Use of Abandoned Property, 201–203, 252–253, 256 under Regulation 2000/60, 344–345 OECD See Organisation for Economic Co-Operation and Development Office of the High Representative in Bosnia and Herzegovina (OHR), 138, 205–206 PLIP and, 212, 215, 218, 220 OHR See Office of the High Representative in Bosnia and Herzegovina Okatan, Fevzi, 458, 459 On the Legal and Socio-economic Guarantees for Persons Who Had Been Forcibly Displaced From the Republic of Azerbaijan in 1988–1992 and Have Acquired the Citizenship of the Republic of Armenia, 197 dormitory privatisation under, 197 FDPs under, 197 forcible entry under, 197 housing rights under, 197 property compensation under, 197 scope of, 197 “Open Cities” project, 204 Operation Storm, 137 Organisation for Economic Co-Operation and Development (OECD), 167 Organisation for Security and Cooperation in Europe (OSCE) Blecic v Croatia and, 532–533 in Bosnia and Herzegovina, 138 General Agreement on the Establishment of Peace and National Accord in Tajikistan and, 37, 38 PLIP and, 212, 215, 218 Resolution 1120 and, 79 Resolution 1145 and, 79 Index Organisation of Nationalisation Act, 298 Orhan, Cezayir, 461 Orhan, Hasan, 461 Orhan, Selim, 461 Orhan v Turkey, 461 OSCE See Organisation for Security and Cooperation in Europe Packer, John, 159 Palestine, 125, 151 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 361–362 Palestine Liberation Organization and, 103 property revenues in, from refugee properties, 93, 102–103 refugees from, ethnic origin of, 90–91 under Resolution 36/146, 92–93 under Resolution 59/117, 100 under Resolution 60/100, 101–102 under Resolution 194, 87–88 under Resolution 394, 89 under Resolution 3236, 92 Palestine Liberation Organization, 103 Papamichalopoulos and Others v Greece, 407–412 Papamichalopoulos, Petros, 408, 411, 412 Peace Agreement between the Government of El Salvador and the Frente Farabundo Mart´ı para la Liberaci´on Nacional (El Salvador), 28–30 COPAZ and, 29, 30 FMLN and, 29 land-tenure systems under, 28–29 National Reconstruction Plan and, 28 New York Agreement and, 28 preamble, 28 peace agreements, 25–45 See also Agreement on a Comprehensive Political Settlement on the Cambodian Conflict; Agreement on Identity and Rights of Indigenous Peoples; Agreement on Wealth Sharing during the Pre-Interim and Interim Period; Arusha Peace and Reconciliation Agreement for Burundi; Cotonou Agreement; General Agreement on the Establishment of Peace and National Accord in Tajikistan; General Framework Agreement on Peace in Bosnia and Herzegovina; Peace Agreement between the Government of El Salvador and the Frente Farabundo Mart´ı para la Liberaci´on Nacional; The Rome Process: General Peace Agreement Agreement Between the Government of the Federal Democratic Republic of Ethiopia and the Government of the State of Eritrea, 41–43 Agreement on a Comprehensive Political Settlement on the Cambodian Conflict, 25–28 Agreement on Identity and Rights of Indigenous Peoples, 34–36 Agreement on Wealth Sharing during the Pre-Interim and Interim Period, 43–45 Arusha Peace Agreement, 31 Arusha Peace and Reconciliation Agreement for Burundi, 38–41 Comprehensive Peace Agreement Between the Government of Liberia and Liberians United for Reconciliation and Democracy (LURD) and Movement for Democracy in Liberia (MODEL) and Political Parties, 43 Cotonou Agreement, 30–31 Erdut Agreement, 36–37 General Agreement on the Establishment of Peace and National Accord in Tajikistan, 37–38 General Framework Agreement on Peace in Bosnia and Herzegovina, 31–34 Lom´e Peace Agreement, 38 Peace Agreement between the Government of El Salvador and the Frente Farabundo Mart´ı para la Liberaci´on Nacional, 28–30 restitution for civilians and, 66 Index The Rome Process: General Peace Agreement (Mozambique), 30 PEC See Provisional Election Commission People’s Liberation Army (Sudan), 43 People’s Liberation Movement (Sudan), 43 persecution as crime against humanity, Persian Gulf War, 174 personal property rights See property rights, personal physical rehabilitation See rehabilitation, physical PIC See public information campaigns PIC Sintra Declaration, 204–205 PIMT See Property Implementation Monitoring Team Pincov´a and Pinc v The Czech Republic, 469–477 Pinheiro, Paulo S´ergio, 124, 132, 160 See also Principles on Housing and Property Restitution for Refugees and Displaced Persons; The Return of Refugees’ or Displaced Persons’ Property Principles on Housing and Property Restitution for Refugees and Displaced Persons, 13–20, 135–146, 147–156 The Return of Refugees’ or Displaced Persons’ Property, 123–130 PKK See Worker’s Party of Kurdistan Planning and Building Act, 300 PLIP See Property Law Implementation Plan Poland Agricultural Property Agency in, 491, 492, 500, 504 Broniowski v Poland and, 489–508 Constitutional Court in, 507 December 2003 Act in, 497, 502, 505 Land Administration Act in, 496, 500, 502, 503 Military Property Agency in, 491, 500, 503, 504 Poland Committee of National Liberation and, 489 561 Zwierzynski v Poland and, 443–448 Poland Committee of National Liberation, 489 pregnancy, forced as crime against humanity, Principles on Housing and Property Restitution for Refugees and Displaced Persons (Pinheiro), 13–20, 135–146, 147–156 applications of, 13 civilian compensations under, 19, 136, 153 claims procedures under, 16–17, 19 commentary to, 147–148, 151–155 discrimination against women in, 156 discriminatory laws under, 19, 156 displacement protection under, 13–14, 20, 148–151 documentation under, 17–18 evictions under, definition of, 135 freedom of movement under, 15 gender equality rights under, 14 housing /property restitution under, 13–14, 15 housing rights under, 14 humanitarian law and, compatibility, 15 international consultation under, 17, 20, 155 interpretation of, 155–156 legislation in support of, 18–19 national procedures for, 15–16 nondiscrimination rights under, 14 peace operations under, international, 20 preamble for, 13 privacy protections under, 14 property rights under, 14 repatriation under, 15, 157 restitution under, 135 secondary occupants under, 18 tenants rights under, 18 terminology in, 135–136 UN and, 20 UNHCR and, 155 Universal Declaration of Human Rights and, 147, 151 privacy rights under Cairo Declaration on Human Rights in Islam, 183 in Comprehensive Human Rights Guidelines on Development-Based Displacement, 178 under Conventions for the Protection of Human Rights and Fundamental Freedoms, 182 family and, 170 under Human Rights Committee, 169–171 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 14 unlawfulness and, 170 Privatisation of Dwellings Act, 300, 301 Privatisation Proceeds Act, 300, 301 Prochazka, Jiri, 367 Prochazka, Josef, 362, 364, 366, 367 Programme for Refugee reintegration and Rehabilitation of Resettlement Areas (Sudan), 96 Property Act, 289 Property Implementation Monitoring Team (PIMT), 217 Property Law Implementation Plan (PLIP), 138, 212–222 agencies under, 138 alternative accommodations under, 223–224, 227–228 background for, 223 BPRM and, 219 capacity building under, 218, 226 casework for, 225–226 cells within, 221 claims under, 213 CRPC and, 212, 218, 220 databases for, 225 Dayton Peace Agreement and, 212–213, 223 donors under, 226 ECHO and, 219 European Conventions on Human Rights and Its Protocols and, 223 evictions under, 229 evolution of, 223–224 FoPs as part of, 215, 221–222 housing issues for, 214 housing space under, 219–221 human rights institutions and, 225 562 Property Law Implementation Plan (PLIP) (cont.) institutional issues for, 213 international financing for, 218 IPTF officers and, 215–216 Judicial Reform Programme under, 218 local authorities and, 225, 226 managerial structures for, 221–222 market development under, 220–221 methodology of, 214 MHRR and, 225 MRDP and, 218 municipal guidelines for, 229–230 objectives of, 213–214 obstructions to, 228 OHR and, 212, 215, 218, 220 operational mechanisms of, 214–218 OSCE and, 212, 215, 218 PEC and, 216 PICs and, 226–227 PIMT and, 217 policy directions for, 222–224, 230 political obstacles to, 213 property return under, 214 property rights under, 214 sanctions under, 228 Sarajevo Housing Committee under, 217–218 Secretariat as part of, 221 UNHCR and, 212, 215, 217, 218, 220 UNMIBH and, 212, 217 property rights, personal under American Convention on Human Rights, 181 under Cairo Declaration on Human Rights in Islam, 183 communised, 302 under Convention for the Protection of Human Rights and Fundamental Freedoms, 183 destruction of, under Geneva Convention IV, under Joint Declaration by the Governments of the Federal Republic of Germany and the German Democratic Republic on the settlement of unresolved property issues, 317 under Law on Implementation of the Decisions of the Index Commission for Real Property Claims of Displaced Persons and Refugees, 206–208 under Law on Restitution and Compensation of Property, 189, 190 under Law on the Cessation of Application of the Law on the Use of Abandoned Property, 199–201, 249–252 under Law on the Social Protection of Internally Displaced Persons and Persons with Equal Status, 198 in Lithgow and the Others v United Kingdom, 395 in Loizidou v Turkey, 418–419 Pinheiro on, 123–130 under PLIP, 214 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 13–14 under Republic of Estonia Principles of Ownership Reform Act, 295–296, 298–300, 303–304 under Resolution 2002/30, 134 restitution of, for civilians, 62–71, 72–73 under South Africa Constitution, 357 vacancies and, 34 during voluntary repatriation, 72–73 Protocol Relating to the Status of Refugees, 11–12 definitions under, 11 international cooperation under, with UN, 11 national legislations for, 11 provisions of, general, 11 Provisional Election Commission (PEC), 216 public information campaigns (PIC) for PLIP, 226–227 Quadripartite Agreements under Resolution 1036, 77 under Resolution 1393, 82 under Resolution 1427, 82 under Resolution 1462, 82 Resolution 1494 and, 83 Resolution 1524 and, 84 Resolution 1582 and, 86 Rakhmonov, E., 37 rape See pregnancy, forced refugees from Afghanistan, 38, 53, 54–55 under Agreement on a Comprehensive Political Settlement on the Cambodian Conflict, 26–28 under Cairo Declaration of Principles of International Law on Compensation to Refugees, 174–176 CERD on, 168 child, under Convention on the Rights of the Child, compensation for, 69 under Comprehensive Peace Agreement Between the Government of Liberia and Liberians United for Reconciliation and Democracy (LURD) and Movement for Democracy in Liberia (MODEL) and Political Parties, 43 under Convention Relating to the Status of Refugees, 11 under Cotonou Agreement, 30–31 CRPC and, 278 definition of, by UN General Assembly, 89–91 in Democratic Republic of Congo, repatriation of, 46 ethnic origin of, 90 under EXCOM Conclusion No 18 (UNHCR), 56–57 under EXCOM Conclusion No 40 (UNHCR), 57–58 under EXCOM Conclusion No 101 (UNHCR), 58–61 in France, 53 under General Framework Agreement on Peace in Bosnia and Herzegovina, 31–32 in Ireland, 54 under Lom´e Peace Agreement, 38 in The Netherlands, 54–55 Palestinian, 87–88, 89, 90–91 populations of (1967–present), 92–93, 95 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 13–20, 136 under Protocol Relating to the Status of Refugees, 11–12 Index under Resolution (UN General Assembly), 87 under Resolution 1672, 91 restitution and, participation in, 67 under The Rome Process: General Peace Agreement, 30 UNHCR and, 27 United Nations Relief and Works Agency for Palestine Refugees in the Near East and, 101, 102 World Refugee Year, 91 Regional Managers of the Colombian Land Reform Institute (INCORA), 291, 292, 293 land acquisition and, 294 Regulation 1999/10 (UNMIK), 340–341 Regulation 1999/23 (UNMIK), 341–342 See also Housing and Property Claims Commission Housing and Property Claims Commission under, 341–342, 345–349 socially owned apartments under, 345 Regulation 2000/60 (UNMIK), 342–353 definitions within, 343 occupancy rights under, 344–345 principles of, 343–344 property restitution under, 344 rehabilitation, physical under Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, 24 reparations, for victims See also van Boven and Joinet Guidelines under Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, 24–25 elements of, 111 under International Law of State Responsibility, 12 rights for, 110 under Rome Statute of the International Criminal Court, 10 563 UN Sub-Commission on the Protection and Promotion of Human Rights on, 118–119 van Boven and Joinet Guidelines for, 110 repatriation agreements, voluntary, 45–56 See also repatriation, enforced; repatriation, voluntary for Abkhazia, 48–49, 51 for Afghanistan, 47 for Angola, 51 for Burundi, 52–53 for Democratic Republic of the Congo, 46–47 EXCOM Conclusion No 18, 56–57 EXCOM Conclusion No 40, 57–58 EXCOM Conclusion No 101, 58–61 for Georgia, 48–51 for Guatemala, 46 for Iran, 47 for Liberia, 52 for Mozambique, 47 for Myanmar, 47–48 for Russian Federation, 48–51 for Rwanda, 51 for South Africa, 46 for Tanzania, 46–47, 51, 52–53 for Vietnam, 45 for Zimbabwe, 47 repatriation, enforced See also United Nations High Commissioner for Refugees to Afghanistan, 53, 54–55 analysis of, legislative, 64, 67 under Arusha Peace and Reconciliation Agreement for Burundi, 39, 40 bias in, rectification of, 68 compensation as part of, 69–70 under General Framework Agreement on Peace in Bosnia and Herzegovina, 32, 33 homelessness after, 68 housing reconstruction and, 70 inter-agency coordination for, 64–65 under International Covenant on Civil and Political Rights, international laws and, agreement with, 68 to Liberia, 52 phases of, 63–65 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 15 reform, 64, 67, 68–69 repeals, 64, 67 repatriation, voluntary, 71–72 from asylum nation, 72 freedom of movement and, 173–174 under OAU Convention Governing the Specific Aspects of Refugee Problems, 181 within origin nation, 72 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 157 property rights during, 72–73 in The Return of Refugees’ or Displaced Persons’ Property (Pinheiro), 125–127 Reports of Judgments and Decisions, 525 Republic of Bosnia and Herzegovina See Bosnia and Herzegovina, Republic of Republic of Burundi See Burundi, Republic of Republic of Croatia See Croatia, Republic of Republic of Estonia Dwelling Act, 300 Republic of Estonia Land Reform Act, 299 Republic of Estonia Principles of Ownership Reform Act, 294–306 communised property under, 302 compensation under, 301–302 content of, 294–295 declaration procedures under, 297 dispute resolution under, 305–306 entitled subjects under, 295 exceptions to, 302 expropriated property under, 295–296, 297–298, 303–304 filing process for, 302–303 lease contract validity under, 300–301 obligated subjects under, 295 organisations under, 297 property expropriation under, 295 property return under, 298–300 purpose of, 294 564 Republic of Estonia Principles of Ownership Reform Act (cont.) right of claims under, succession of, 303 successors under, 296–297 transactions under, 304–305 Republic of Mozambique See Mozambique, Republic of Republic of Rwanda See Rwanda, Republic of Republic of South Africa See South Africa, Republic of Republic of Sudan See Sudan, Republic of Republic of Uganda See Uganda, Republic of Republic of Zambia See Zambia, Republic of Republika Srpska See Bosnia and Herzegovina, Republic of resettlement Comprehensive Human Rights Guidelines on Development-Based Displacement and, 179 for sinistr´es, 40 UN Commission of Human Rights on, 108 women’s rights and, 179 Resolution (UN General Assembly), 87 Resolution 35/124 (UN General Assembly), 92 Resolution 36/146 (UN General Assembly), 92–93 Resolution 36/148 (UN General Assembly), 93–95 Universal Declaration of Human Rights and, 93 Resolution 40/165 (UN General Assembly), 95 Resolution 48/117 (UN General Assembly), 96 UNDP and, 96 Resolution 48/118 (UN General Assembly), 96–97 Resolution 48/152 (UN General Assembly), 97–98 Resolution 49/23 (UN General Assembly), 98 Resolution 49/43 (UN General Assembly), 98 Resolution 49/196 (UN General Assembly), 98 Resolution 50/182 (UN General Assembly), 99 Index Resolution 51/114 (UN General Assembly), 99 Resolution 51/126 (UN General Assembly), 99–100 Resolution 55/153 (UN General Assembly), 100 “habitual residents” under, 100 Resolution 59/117 (UN General Assembly), 100 Resolution 59/170 (UN General Assembly), 100–101 Resolution 59/172 (UN General Assembly), 101 Resolution 60/100 (UN General Assembly), 101–102 Resolution 60/101 (UN General Assembly), 102 Resolution 60/103 (UN General Assembly), 102–103 Resolution 60/147 (UN General Assembly), 103–104 Resolution 60/183 (UN General Assembly), 104–105 Resolution 194 (UN General Assembly), 87–88 Resolution 237 (UN Security Council), 73 Resolution 242 (UN Security Council), 74 Resolution 361 (UN Security Council), 74 Resolution 394 (UN General Assembly), 89 Resolution 428 (UN General Assembly), 89 Resolution 674 (UN Security Council), 74 Resolution 687 (UN Security Council), 74–75 ICRC and, 75 Resolution 752 (UN Security Council), 75 Resolution 787 (UN Security Council), 76 Resolution 820 (UN Security Council), 76 Resolution 853 (UN Security Council), 76 Resolution 876 (UN Security Council), 76 Resolution 947 (UN Security Council), 76 Resolution 971 (UN Security Council), 76–77 Resolution 991 (UN Security Council), 77 Resolution 1009 (UN Security Council), 77 Resolution 1019 (UN Security Council), 77 Resolution 1036 (UN Security Council), 77–78 CIS and, 78 Quadripartite Agreement and, 77 UNOMIG and, 78 Resolution 1079 (UN Security Council), 78 Resolution 1088 (UN Security Council), 78 Resolution 1120 (UN Security Council), 78–79 Agreement of the Joint Working Group on the Operational Procedures on Return under, 78 Law on Temporary Takeover and Administration of Specified Property under, 79 OSCE and, 79 Resolution 1145 (UN Security Council), 79 OSCE and, 79 Resolution 1199 (UN Security Council), 79–80 ICRC and, 80 Resolution 1244 (UN Security Council), 80 Resolution 1287 (UN Security Council), 80–81 Resolution 1339 (UN Security Council), 81 Resolution 1357 (UN Security Council), 81 Resolution 1364 (UN Security Council), 81 Resolution 1388 (UN General Assembly), 91 Resolution 1390 (UN General Assembly), 91 Resolution 1393 (UN Security Council), 82 Quadripartite Agreement under, 82 UNDP and, 82 Resolution 1427 (UN Security Council), 82 Quadripartite Agreement under, 82 UNDP and, 82 Yalta Declaration and, 82 Resolution 1462 (UN Security Council), 82–83 Quadripartite Agreement and, 82 Index UNDP and, 82 UNOMIG and, 82 Yalta Declaration and, 82 Resolution 1491 (UN Security Council), 83 Resolution 1494 (UN Security Council), 83–84 Group of Friends and, 83 Quadripartite Agreement and, 83 UNDP and, 83 UNOMIG and, 83 Yalta Declaration and, 83 Resolution 1524 (UN Security Council), 84 Group of Friends and, 84 Quadripartite Agreement and, 84 UNOMIG and, 84 Yalta Declaration and, 84 Resolution 1545 (UN Security Council), 84 Resolution 1551 (UN Security Council), 85 Resolution 1556 (UN Security Council), 85 Resolution 1575 (UN Security Council), 85 Resolution 1582 (UN Security Council), 85–86 Group of Friends and, 86 Quadripartite Agreement and, 86 UNOMIG and, 86 Yalta Declaration and, 86 Resolution 1615 (UN Security Council), 86 Resolution 1672 (UN General Assembly), 91 Resolution 1993/77 (UN Commission on Human Rights), 105–106 Resolution 1994/24 (UN Sub-Commission on the Protection and Promotion of Human Rights), 119–120 Universal Declaration of Human Rights and, 119 Resolution 1995/13 (UN Sub-Commission on the Protection and Promotion of Human Rights), 120 Resolution 1997/29 (UN Commission on Human Rights), 107 Resolution 1997/31 (UN Sub-Commission on the Protection and Promotion of Human Rights), 120 565 Universal Declaration of Human Rights and, 120 Resolution 1998/9 (UN Sub-Commission on the Protection and Promotion of Human Rights), 120–122 Resolution 1998/26 (UN Sub-Commission on the Protection and Promotion of Human Rights), 122–123 Resolution 1999/33 (UN Commission on Human Rights), 108–109 Resolution 2000/62 (UN Commission on Human Rights), 112–113 Resolution 2002/7 (UN Sub-Commission on the Protection and Promotion of Human Rights), 132–133 Resolution 2002/30 (UN Sub-Commission on the Protection and Promotion of Human Rights), 133–135 property rights under, 134 restitution under, 133 Resolution 2003/34 (UN Commission on Human Rights), 113–114 Resolution 2004/2 (UN Sub-Commission on the Protection and Promotion of Human Rights), 157–159 Resolution 2004/28 (UN Commission on Human Rights), 114–115 Resolution 2004/34 (UN Commission on Human Rights), 115–116 Resolution 2004/55 (UN Commission on Human Rights), 116–117 Resolution 2005/21 (UN Sub-Commission on the Protection and Promotion of Human Rights), 160 Resolution 2005/46 (UN Commission on Human Rights), 117 Rome Statute of the International Criminal Court and, 117 Resolution 3212 (UN General Assembly), 92 Resolution 3236 (UN General Assembly), 92 Resolution No 542, 358 Resolution of Outstanding Property Issues Act, 478 Wittek v Germany and, 478, 480 restitution, for civilians See also reparations, for victims under Agreement on Identity and Rights of Indigenous Peoples, for communal lands, 35–36 under Arusha Peace and Reconciliation Agreement for Burundi, for land, 41 under Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, 23, 24 in Brumarescu v Romania, 438–439 in Comprehensive Human Rights Guidelines on Development-Based Displacement, 178 destruction of property and, 141–142 development plans for, 63, 66 discriminatory programs for, 142 housing, 62–71 Independent Expert Reports on, 109 institutional coordination for, 66, 142 international involvement in, 142–143, 145 under International Law of State Responsibility, 12 under Law of Georgia on Property Restitution and Compensation on the Territory of Georgia for the Victims of Conflict in Former South Ossetia District, 306–308, 317 peace settlements as factor for, 66 policy models for, 144, 145 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 13–20, 135 property, 62–71, 72–73 record-keeping and, 142 refugee participation in, 67 under Regulation 2000/60, 344 under Resolution 1997/29, 107 566 restitution, for civilians (cont.) under Resolution 2002/30, 133 resources for, 537–539 in The Return of Refugees’ or Displaced Persons’ Property, 124 secondary occupants and, 141 under van Boven and Joinet Guidelines, 110 Restitution of Land Rights Act, 355–356 claims under, 355–356 commission for, 356 definitions within, 355 Restitution of Nationalised Real Property Act, 288–291 provisions for, supplementary, 290 Restitution of Property Act, 467 Restitution of Some Shops, Workshops, Warehouses, and Studios Act, 290 “Return to Village and Rehabilitation Project,” 512 The Return of Refugees’ or Displaced Persons’ Property (Pinheiro), 123–130 civilian restitution in, 124 compensation in, 124 EXCOM Conclusion No 18 and, 125 housing rights in, 124 housing/property definitions in, 124 preliminary comments in, 124 repatriation in, 125–127 terminology in, 124 UNHCR and, 124 Robert Brok v The Czech Republic, 380–384 Romania, 353 Brumarescu v Romania and, 437–439 Constandache v Romania and, 519 Law No 112 in, 353–354 Strain and Others v Romania and, 518–524 Rome Statute of the International Criminal Court, 6, 10, 21 See also crimes against humanity crimes against humanity under, gender under, genocide under, 6–7 Index Resolution 2005/46 and, 117 victim reparations under, 10 war crimes under, 8–10 The Rome Process: General Peace Agreement (Mozambique), 30 refugees under, 30 Russian Federation CSCE in, 49 UNHCR in, 48–51 Rwanda, Republic of, 125, 127, 128, 139, 151, 354–355 Arusha Peace Agreement for, 31, 139 genocide in, 139 Law on Matrimonial Regimes and Succession in, 139 Ministerial Order No 101 in, 354–355 under Resolution 49/23, 98 under Resolution 51/114, 99 UNHCR in, 51, 55–56 Sarajevo Housing Committee, 217–218 Schlosser v The Czech Republic, 383 secondary occupants civilian restitution and, 141 evictions of, 18 under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 18 Securities Circulation Regulation Act, 297 Sierra Leone Lom´e Peace Agreement for, 38 Simunek, Alina, 362, 363, 364, 366, 367 Simunek, Hastings, Tuzilova and Prochazka v The Czech Republic, 362–369, 387 Simunek, Jaroslav, 363, 364, 366, 367 sinistr´es (Burundi), 38–39 See also displaced persons census of, 40 CNRS and, 39 National Fund for, 41 resettlement for, 40 Slovakia Administrative Proceedings Act in, 487, 488, 489 Citizen’s Residence Registration Act of 1982 in, 484, 486 Jantner v Slovakia and, 483–486, 495 Land Ownership Act in, 484, 485, 486, 487 Valov´a, Slez´ak and Slez´ak v Slovakia and, 486–489 Slovenia, 127 SNC, 27 Socialist Republic of Vietnam See Vietnam, Socialist Republic of Sohn, Louis B., 174 South Africa Constitution, 356–357 property rights under, 357 South Africa, Republic of, 127, 355–357 See also Restitution of Land Rights Act Constitution for, 356–357 Restitution of Land Rights Act in, 355–356 UNHCR in, 46 South America, 181–182 American Convention on Human Rights for, 181–182 resources for, 545 South Eastern Anatolia Project, 510 Southern Sudan Land Commission, 44–45 National Land Commission and, 44, 45 Spirits and Alcoholic Beverages Monopoly Act, 288 Sporrong and Lăonnroth v Sweden, 388394 Sporrong, C.-O., 388 Sporrong, E., 388 Sporrong, M., 388 SRV See Vietnam, Socialist Republic of State Sanitary and Pharmaceutical Enterprise Act, 291 stateless persons under Geneva Convention IV, Statute of the Commission for the Resolution of Real Property Disputes, 334–340 appeals to, 338–339 applicability of, 334–335 decisions enforcement for, 339 functions of, 337 judicial committees of, 338 procedures of, 335–337 provisions for, 334, 339–340 Statute of the International Tribunal, 33 Stoinescu, Felicia, 518 Stoinescu, Mircea, 518 Index Strain and Others v Romania, 518–524 admissibility factors in, 519 merits under, 519–524 Sudan, Republic of Agreement on Wealth Sharing during the Pre-Interim and Interim Period for, 43–45 land rights in, 56 National Land Commission in, 44, 45 People’s Liberation Army in, 43 People’s Liberation Movement in, 43 Programme for Refugee reintegration and Rehabilitation of Resettlement Areas in, 96 under Resolution 1556, 85 Southern Sudan Land Commission in, 44–45 UNHCR in, 56 Sweden Expropriation Act of 1917 in, 388 Sporrong and Lăonnroth v Sweden and, 388–394 town-planning policy in, 389–394 Tajikistan, 125, 127, 151, 357–358 CIS and, 38–39 General Agreement on the Establishment of Peace and National Accord in Tajikistan for, 37–38 Law of the Republic of Tajikistan on Forced Migrants in, 357–358 under Resolution 991, 77 under Resolution No 542, 358 United Tajik Opposition in, 38 Tanzania, United Republic of repatriation to, 53 UNHCR in, 46–47, 51, 52–53 Taucean, Maria, 518 Technical Farm Management Units (UMATAS), 291 Temel, Hakan, 442 temporary users under Law on the Cessation of Application of the Law on Abandoned Apartments, 237, 239, 243 under Law on the Cessation of Application of the Law on the Use of Abandoned Property, 257–258, 261–262 567 under Law on the Cessation of the Application of the Law on Temporary Abandoned Real Property Owned by Citizens, 231–232, 235–236 tenants’ rights under Principles on Housing and Property Restitution for Refugees and Displaced Persons, 18 tenure security See also housing rights in Comprehensive Human Rights Guidelines on Development-Based Displacement, 178 housing rights and, 162 TIKKO See Workers and Peasants’ Independence Army of Turkey torture, TOURDYK See Turkish Forces in Cyprus under the Treaty of Guarantee Trade Act, 288 transfers, forcible (of civilians) under Geneva Convention IV, during non-international war, Treaty Series (United Nations), 156 Tunisia under Resolution 1672, 91 Turkey See also Turkish Republic of Northern Cyprus Akdivar and Others v Turkey and, 427–434 Bilgin v Turkey and, 441–443 Cyprus v Turkey and, 448–458, 525, 526, 527, 528 Demades v Turkey and, 525, 526, 527, 528 Dogan and Others v Turkey and, 508–518 Dulas v Turkey and, 458–461 Eugenia Michaelidou Developments Ltd and Michael Tymvios v Turkey and, 525, 527, 528 European Convention for the Protection of Human Rights and Fundamental Freedoms and, 414–416 Loizidou v Turkey and, 412–423, 525, 527, 532 Orhan v Turkey and, 461 PKK in, 427, 428, 509, 510, 515, 516, 517 South Eastern Anatolia Project in, 510 TIKKO in, 516 TOURDYK and, 413 TRNC and, 413, 525 Xenides-Arestis v Turkey and, 524–529 Turkish Forces in Cyprus under the Treaty of Guarantee (TOURDYK), 413 Turkish Republic of Northern Cyprus (TRNC), 413, 525 Constitution of, 413 Cyprus v Turkey and, 448, 451–454, 455–456, 457–458 international response to, 413–414 Loizidou v Turkey and, 416–419 Tuzilova, Dagmar Hastings, 362, 363, 364, 366 Uganda, Republic of UNHCR in, 55–56 UMATAS See Technical Farm Management Units UN See United Nations UN Commission on Human Rights, 105–117 on internal displacement, guiding principles of, 107–108 Resolution 1993/77, 105–106 Resolution 1997/29, 107 Resolution 1999/33, 108–109 Resolution 2000/62, 112–113 Resolution 2002/7, 132–133 Resolution 2002/30, 133–135 Resolution 2003/34, 113–114 Resolution 2004/28, 114–115 Resolution 2004/34, 115–116 Resolution 2004/55, 116–117 Resolution 2005/46, 117 terminology for, 131 UN General Assembly, 87–105 refugee definition under, 89–91 Resolution 8, 87 Resolution 35/124, 92 Resolution 36/146, 92–93 Resolution 36/148, 93–95 Resolution 40/165, 95 Resolution 48/117, 96 Resolution 48/118, 96–97 Resolution 48/152, 97–98 Resolution 49/23, 98 Resolution 49/43, 98 Resolution 49/196, 98 568 UN General Assembly (cont.) Resolution 50/182, 99 Resolution 51/126, 99–100 Resolution 55/153, 100 Resolution 59/117, 100 Resolution 59/170, 100–101 Resolution 59/172, 101 Resolution 60/100, 101–102 Resolution 60/101, 102 Resolution 60/103, 102–103 Resolution 60/147, 103–104 Resolution 60/183, 104–105 Resolution 194, 87–88 Resolution 428, 89 Resolution 1388, 91 Resolution 1390, 91 Resolution 1672, 91 Resolution 3212, 92 Resolution 3236, 92 UN Human Rights Treaty Bodies, 160–174 See also Committee on Economic, Social and Cultural Rights; Committee on the Elimination of Racial Discrimination CERD, 123–124, 126, 127, 129, 168–169 Committee on Economic, Social and Cultural Rights, 160–174 Human Rights Committee, 169–174 UN Security Council, 73–86 Resolution 237, 73 Resolution 242, 74 Resolution 361, 74 Resolution 674, 74 Resolution 687, 74–75 Resolution 752, 75 Resolution 787, 76 Resolution 820, 76 Resolution 853, 76 Resolution 876, 76 Resolution 947, 76 Resolution 971, 76–77 Resolution 991, 77 Resolution 1009, 77 Resolution 1019, 77 Resolution 1036, 77–78 Resolution 1079, 78 Resolution 1088, 78 Resolution 1120, 78–79 Resolution 1145, 79 Resolution 1199, 79–80 Resolution 1244, 80 Resolution 1287, 80–81 Resolution 1339, 81 Index Resolution 1357, 81 Resolution 1364, 81 Resolution 1393, 82 Resolution 1427, 82 Resolution 1462, 82–83 Resolution 1491, 83 Resolution 1494, 83–84 Resolution 1524, 84 Resolution 1545, 84 Resolution 1551, 85 Resolution 1556, 85 Resolution 1575, 85 Resolution 1582, 85–86 Resolution 1615, 86 UN Sub-Commission on the Protection and Promotion of Human Rights, 117–160 principles of, 117–118 procedures of, 119 Resolution 1994/24, 119–120 Resolution 1995/13, 120 Resolution 1997/31, 120 Resolution 1998/9, 120–122 Resolution 1998/26, 122–123 Resolution 2002/7, 132–133 Resolution 2002/30, 133–135 Resolution 2004/2, 157–159 Resolution 2005/21, 160 UNHCR and, 158 van Boven on, 117–119 on victim reparations, 118–119 UNCHS See United Nations Centre for Human Settlements UNDP See United Nations Development Programme UNHCR See United Nations High Commissioner for Refugees Unidad Revolucionaria Nacional Guatemalteca, 140 Union of Myanmar See Myanmar, Union of United Kingdom Aircraft and Shipbuilding Industries Act in, 394 Iron and Steel Act of 1949 in, 394 Iron and Steel Act of 1967 in, 399 James and Others v the United Kingdom and, 535 Lithgow and the Others v the United Kingdom and, 394–407 United Nations (UN) See also UN Commission on Human Rights; UN General Assembly; UN Security Council; UN Sub-Commission on the Protection and Promotion of Human Rights; United Nations Development Programme; United Nations High Commissioner for Refugees; United Nations Mission in Bosnia and Herzegovina Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in Accordance with the Charter of United Nations, 94 Principles on Housing and Property Restitution for Refugees and Displaced Persons and, 20 Protocol Relating to the Status of Refugees and, 11 Treaty Series, 156 Voluntary Fund of, 49 United Nations Centre for Human Settlements (UNCHS), 342 United Nations Development Programme (UNDP) General Framework Agreement on Peace in Bosnia and Herzegovina and, 32 Resolution 48/117 and, 96 Resolution 1393 and, 82 Resolution 1427 and, 82 Resolution 1462 and, 82 Resolution 1494 and, 83 United Nations High Commissioner for Refugees (UNHCR), 27, 56–65, 159 in Abkhazia, 48–49, 51 in Afghanistan, 47, 53 Agreement on a Comprehensive Political Settlement on the Cambodian Conflict and, 27 in Angola, 51 Arusha Peace and Reconciliation Agreement for Burundi and, 40 in Bosnia and Herzegovina, 138 in Burundi, 52–53, 56 Comprehensive Human Rights Guidelines on Development-Based Displacement and, 179 under Cotonou Agreement, 30 in Democratic Republic of Congo, 46–47 EXCOM Conclusion No 18, 56–57 EXCOM Conclusion No 40, 57–58 EXCOM Conclusion No 101, 58–61 Index General Agreement on the Establishment of Peace and National Accord in Tajikistan and, 37, 38 General Framework Agreement on Peace in Bosnia and Herzegovina and, 32 in Georgia, 48–51 in Guatemala, 46 Inter-Office Memorandum No 104/2001, 61–62 in Iran, 47, 55 in Liberia, 52 in Mozambique, 47 in Myanmar, 47–48 “Open Cities” project, 204 PLIP and, 212, 215, 217, 218, 220 Principles on Housing and Property Restitution for Refugees and Displaced Persons and, 155 Resolution 59/170 and, 100–101 Resolution 428 and, 89 Resolution 1388 and, 91 The Return of Refugees’ or Displaced Persons’ Property and, 124 in Russian Federation, 48–51 in Rwanda, 51, 55–56 in South Africa, 46 in Sudan, 56 in Tanzania, 46–47, 51, 52–53 in Uganda, 55–56 UN Sub-Commission on the Protection and Promotion of Human Rights and, 158 in Vietnam, 45 in Zambia, 55 in Zimbabwe, 47 United Nations Mission in Bosnia and Herzegovina (UNMIBH), 138 PLIP and, 212, 217 United Nations Mission in Kosovo (UNMIK), 141 See also Regulation 2000/60 Regulation 1999/10, 340–341 Regulation 1999/23, 341–342 Regulation 2000/60, 342–353 United Nations Relief and Works Agency for Palestine Refugees in the Near East, 101, 102 United Nations Transitional Authority in Cambodia (UNTAC), 26, 27 569 United Republic of Tanzania See Tanzania, United Republic of United States Naturalization Treaty with, 384 United Tajik Opposition, 38 Universal Declaration of Human Rights, 3, 149, 150, 175 Principles on Housing and Property Restitution for Refugees and Displaced Persons and, 147, 151 Resolution 36/148 and, 93 Resolution 1994/24 and, 119 Resolution 1997/31 and, 120 Resolution 2000/62 and, 113 UNMIBH See United Nations Mission in Bosnia and Herzegovina UNMIK See United Nations Mission in Kosovo UNOMIG Resolution 1036 and, 78 Resolution 1462 and, 82 Resolution 1494 and, 83 Resolution 1524 and, 84 Resolution 1582 and, 86 UNTAC See United Nations Transitional Authority in Cambodia Valov´a, Slez´ak and Slez´ak v Slovakia, 486–489 van Boven and Joinet Guidelines (for victim reparations), 110 civilian compensation under, 110 in ICC, 112 procedural issues for, 111–112 reparation rights under, 110 restitution under, 110 van Boven, Theo, 107, 108, 112, 116 UN Sub-Commission on the Protection and Promotion of Human Rights and, 117–119 van Boven and Joinet Guidelines, for victim reparations, 110 Vancouver Declaration on Human Settlements, 165 Vienna Declaration and Plan of Action, 176, 177 Vietnam, Socialist Republic of (SRV) UNHCR in, 45 voluntary repatriation See repatriation, voluntary “vulnerable” groups under Arusha Peace and Reconciliation Agreement for Burundi, 41 in Liberia, 52 Wagner, Gerd, 205 Walderode, Karel Des Fours, 369 war crimes definition of, 8–10 under Rome Statute of the International Criminal Court, 8–10 war, international civilian protections during, 1–3 war, non-international citizen transfers, forcible during, civilian protections during, websites, 545 Williams, Rhodri, 159 Wittek v Germany, 477–483 in administrative courts, 478–479 in civil courts, 478 in federal constitutional courts, 479 Resolution of Outstanding Property Issues Act and, 478, 480 women housing rights for, 65 in Principles on Housing and Property Restitution for Refugees and Displaced Persons, discrimination against, 156 resettlement and, 179 Workers and Peasants’ Independence Army of Turkey (TIKKO), 516 Worker’s Party of Kurdistan (PKK), 427, 428, 509, 510, 515, 516, 517 World Bank, 38, 167 on refugee compensation, 69 World Refugee Year, 91 Resolution 1390 and, 91 Xenides-Arestis, Myra, 524 Xenides-Arestis v Turkey, 524–529 Yalta Declaration Resolution 1427 and, 82 Resolution 1462 and, 82 Resolution 1494 and, 83 570 Yalta Declaration (cont.) Resolution 1524 and, 84 Resolution 1582 and, 86 Yildiz, Hasan, 508 Yildiz, Nurettin, 508 ă um, ă Yilmaz, Musl 508, 517 Yugoslav People’s Army (JNA), 136 Index Yugoslavia, Federal Republic of under Resolution 49/196, 98 Resolution 752, 75 under Resolution 820, 76 Zambia, Republic of UNHCR in, 55 Zimbabwe UNHCR in, 47 ZOSO See Law on Housing Relations Zubani v Italy, 423–427 enforcement proceedings under, 424–426 Zvolsk´y and Zvolsk´a v The Czech Republic, 461–466 Zwierzynski, B., 443, 446 Zwierzynski v Poland, 443–448 ... blank housing, land, and property restitution rights of refugees and displaced persons The legal recognition of the housing, land, and property rights of refugees and displaced persons has expanded... Design: Housing Rights Violations in Tibet (1994) From Housing Needs to Housing Rights (1992) Housing, Land, and Property Restitution Rights of Refugees and Displaced Persons Laws, Cases, and Materials. .. Real Property Claims of Displaced Persons and Refugees – Book of Regulations on Confirmation of Occupancy Rights of Displaced Persons and Refugees (2003) Commission for Real Property Claims of Displaced