Land& Conflict THEMATIC GUIDANCE NOTE 01 RESTITUTION, COMPENSATION AND DURABLE SOLUTIONS TO DISPLACEMENT AND DISPOSSESSION • resti Thematic Guidance Note on Land & Conflict Disputes over land access and control often escalate into violence and conflict leading to dispossession and forced displacement within and across borders. Estimates indicate that 56 percent of conflicts are related to land and that most conflicts take place in developing countries. At the end of 2015, 95 percent of the 65 million refugees and internally displaced people were living in developing countries. The central role of land to livelihood, identity and power, most notably in rural-based economies explains why disputes over access and control of land frequently escalate into armed conflict and mass displacement. This Note is part of a series of World Bank Thematic Guidance Notes on land and conflict that present key issues, challenges and guiding principles to address land tenure issues in conflict and post-conflict environments. The three Notes in the series are: 01. Restitution, Compensation and Durable Solutions to Displacement and Dispossession 02. Integrating Customary Tenure into Formal Systems  03. Protecting and Strengthening the Land Tenure of Vulnerable Groups The audience for these Notes is both laymen and practitioners who are preparing a project or program in a conflict or post-conflict setting, including multi-lateral and bi-lateral institutions, governments, NGOs and others. These Guidance Notes seek to provide guidance on where to start and what questions to ask, not to be an exhaustive ‘how to’ for land and conflict issues. While these Notes are meant to stand alone, they are inter-related and may cross-reference relevant material from other Notes. 3 Issue and Why It is Important This section describes how programs such as restitution, compensation and complementary reintegration measures for displaced people can contribute to their sustainable recovery and to durable solutions through return or local integration in place of displacement or relocation elsewhere. Please see the Glossary at the end (Annex 1) for definitions of key terms. 5 6 7 Durable solutions Durable solutions1 for displaced persons2 are achieved the preceding definitions show that mere restitution through sustainable integration in people’s place of origin or reconstruction of property will not suffice to ensure (return); in their area of displacement, (local integration); durable solutions; it requires complementary legal or in a third location (settlement elsewhere in the country and socio-economic measures, which are beyond for internally displaced people, or resettlement to a the scope of this paper. For restitution to lead to a third country for refugees). Since the term “settlement successful and sustainable restoration of livelihoods, it elsewhere” can create confusion with the notion of should be combined with measures improving access resettlement, this paper uses the word “relocation” to refer to health and education services, access to markets, to settlement in a location different from the place of origin infrastructure, utilities and other public services. In and displacement. Return, local integration and relocation Colombia, as part of the restitution program, the elsewhere in the country are not durable solutions per se government is supporting the implementation of but merely settlement options requiring a range of legal, income-generating projects and providing financial civil, political, economic and social conditions to turn into support to IDPs. durable solutions. In addition, transitional justice measures such as the In relation to refugees, UNHCR considers that « prosecution of perpetrators of human rights violations solutions are secured when persons of concern enjoy and violations of land rights, or actions to break up the their fundamental rights, including access to national criminal networks that are responsible for land grabbing services and systems, without facing any discrimination. can play a key factor in tackling some of the roots It entails addressing four interrelated dimensions, namely: of land conflict injustices, avoiding the validation of economic, legal, socio-cultural and civil-political rights, land rights violations and preventing new land related and serves to strengthen communities, while reducing injustices. the risk of disenfranchisement and frustration among newcomers as well as hosts. » The implications and challenges to land and housing programming differ in return, local integration and In the context of internal displacement, the IASC relocation contexts. In return areas, programming on Framework on Durable Solutions for Internally Displaced housing, land and property have to address the issue Persons identifies eight criteria to measure progress of destruction and occupation of properties through towards durable solutions: restitution and/or compensation and reconstruction. In the •• safety and security contexts of local integration or relocation, the solutions designed for the displaced need to take into account the •• adequate standard of living land and housing rights of those living in or owning the •• access to livelihoods areas where IDPs will be settled. If such lands are privately held or held collectively, compensation needs to be •• restoration of housing, land and property considered. •• access to documentation Protracted displacement •• access to effective remedies and justice Addressing HLP in post-conflict situations often takes •• family reunification place in situations of protracted displacement where •• participation in public affairs refugees or IDPs have not been able to achieve durable solutions within a short time-frame. In refugee contexts These criteria reflect the central role of land and housing protracted displacement is defined quantitatively as in the achievement of durable solutions and the need a situation in which 25,000 or more refugees of the to address housing, land and property (HLP) issues in same nationality have been in exile for five years or post-conflict settings either through demining (safety and longer in a given asylum country. In contexts of internal security), provision of access to land and housing with displacement, the definition is more qualitative and refers secure tenure (adequate standards of living, access to to “situations where the process for finding durable livelihood), and restitution and compensation programs solutions is stalled, and/or where IDPs are marginalized (access to effective remedies, restoration of housing, land as a consequence of violations or a lack of protection of and property, access to documentation). their human rights, including economic, social and cultural •• Most restitution and compensation programs in post- rights. Solutions are absent or have failed and IDPs remain conflict settings have been supported by humanitarian disadvantaged and unable to fully enjoy their rights. » actors with the objective of redressing land and Protracted displacement is a widespread phenomenon. housing dispossession. Although this objective is key, UNHCR estimated in 2012 that nearly 75 percent of the 8 refugees were in this situation. While figures are more the peace agreement remained empty because it was difficult to obtain for IDPs, countries affected by internal feared that it would forfeit the return option and therefore displacement have reported IDP figures for an average of contribute to consolidating the results of ethnic cleansing. 23 years. The scope of protracted displacement has led to While the restitution program was successful in giving the the realization that humanitarian aid alone is insufficient to lands and houses back to the displaced, this program achieve durable solutions and reduce poverty for refugees did not result in the expected return. Similarly, many of and IDPs. This was reflected at the global level by calls the reconstructed houses remained empty or were sold to share responsibility and improve coordination between by beneficiaries. The fact is that international assistance humanitarian and development actors when addressing financed only return programs without trying to identify the forced displacement. The centrality of land to durable preference of the displaced, affected the cost-efficiency solutions and the increased calls for development actors of the program and delayed the achievement of durable to engage with humanitarian actors in support of such solutions and economic recovery for the many who could solutions is one of the justifications for this Guidance Note. not envisage return. One of the reasons for protracted displacement is the Protracted displacement has a strong bearing on the difficulty for people forcibly displaced to make a free and displaced’s intention to return. The longer people remain informed choice on the area where they want to settle. in displacement the more likely they are to prefer local In reality, circumstances often impose certain solutions integration or relocation in a third location over return. either because return areas are unsafe or inaccessible, For those able to return (for example, when the conflict or because assistance is mostly geared towards one has ended or some stability reached) but unwilling, solution. In both cases, there is a risk to create a situation reasons can range from remaining trauma, new family of unresolved displacement. born in displacement, or new social ties and economic opportunities found in the place of displacement. Return There is a known tendency for host governments, is not the most frequent solution for refugees. Over humanitarian organizations, and their donors to push the last 6 years, only 27 percent of refugees exited for programs supporting return over relocation or local this status through return . The tendency to neglect integration regardless of displaced people’s preferences assistance to solutions other than return contributes to . This tendency can be because host regions or protracted displacement and related impoverishment and governments consider displaced populations as a burden vulnerability. on their services and economy, or because they have a political agenda to return the displaced to reassert the The tendency of the displaced to prefer local integration is presence of a given group in a certain region. In Serbia, even stronger in cases of displacement from rural to urban authorities exclusively supported return programs for areas where, over time, people might have lost the skills to years to ensure that Serbian displaced would go back to return to rural areas, or have become used to the services Kosovo, therefore reasserting Serbian claims over their and employment opportunities of the city. In Colombia, former province. IDPs were left without assistance to where the situation of internal displacement has been locally integrate for fear that an improvement of their living going on for several decades, 60 percent of the population conditions would diminish their desire to return. fled to shantytowns and most of them are unwilling to return to their areas of origin. Moreover, the poorest among In other cases, the “return bias” takes place with the best them may not even have land to repossess so that they intentions, because it is seen as a measure of justice and cannot benefit from restitution or compensation for their the best way to reverse the displacement resulting from the property. However, the peace agreement, the government conflict. In Bosnia and Herzegovina, since ethnic cleansing development plan and the United Nations Development had been a typical feature of conflict and displacement, Assistance Framework focus on boosting the economy the consensus among donors and international and rural areas with no local integration strategy for urban organizations was to support return programs as a way IDPs. to restore return and the multi-ethnicity of the population that existed before the conflict. It took a decade after The choice of programs addressing HLP issues in the end of the conflict for the first programs supporting conflictive environments (restitution, compensation, land local integration and settlement elsewhere to appear. In reform, housing assistance) is often not neutral and should the meantime, many of those who did not want to return be informed by a thorough analysis of the context and the lived in miserable conditions in collective centers with identification of the displaced preferred choice in terms of limited assistance, while considerable amount of money settlement. was spent to implement a restitution program and invest in reconstruction in the areas of origin of the displaced. The compensation fund for lost properties provided by 9 Resettlement and relocation The notion of resettlement has a very distinct meaning •• Enforcement measures shall be carried out by in humanitarian and development contexts. In refugee competent legal authorities. situations, the United Nations High Commissioner for •• Family unity should be preserved during and upon Refugees (UNHCR) defines resettlement as a solution relocation. where a refugee is transferred from an asylum country to another state that has agreed to admit him or her and •• An appeal procedure should be guaranteed. ultimately grant them permanent settlement. In situations •• Authorities have a particular obligation to protect of internal displacement resettlement refers to a settlement against the displacement of indigenous peoples, in a location different from the place of origin, either in the minorities, peasants, pastoralists and other groups with place of displacement or elsewhere in the country. Finally a special dependency on and attachment to their lands. in development contexts, resettlement refers to situations where people displaced by development projects “are •• These elements are consistent with measures to assisted in their efforts to improve, or at least to restore, prevent forced evictions. Similar safeguards can be their incomes and living standards”. To avoid confusion, found in the World Bank’s Operational Policy 4.12 this Guidance Note does not use the term resettlement and the 2006 Basic Principles and Guidelines on and specifies whether it is referring to local integration (in Development-Based Evictions and Displacement, which the place of displacement) or to relocation (referred to as also identifies criteria for ensuring the adequacy of the “settlement elsewhere” in IDP contexts). This Note does relocation site. not cover issues of resettlement abroad for refugees, nor Once the settlement location has been identified measures resettlement as a measure of disaster risk reduction or as should be identified to mitigate the effect of this new a result of a development project. However, many of the displacement and ensure that the displaced can enjoy an safeguards used in contexts of development or disaster adequate standard of living in safety and security based on induced displacement have similarities with the principles the criteria for durable solutions. used to ensure that relocation of IDPs does not result into forced evictions or renewed forced displacement Depending on whether the context is urban or rural, the emphasis of programs will be on affordable housing or Each occurrence of displacement, especially when access to land. involuntary, tends to increase the vulnerability of displaced population. This is why it is usually preferable to support local integration rather than relocation, unless this is the preference of the displaced or the current displacement location is dangerous, inadequate and cannot be adapted to the needs. If the displaced need to be relocated because the area where they settled temporarily is required for development purposes the relocation must be justified by compelling and overriding public interests . The Guiding Principles on Internal Displacement provides guidance on measures to take to protect from displacement when taking place other than during the emergency stage of an armed conflict . These measures should be applied when envisaging sustainable relocation projects for people who have already been displaced: •• Authorities should explore all feasible alternatives to displacement and if no alternatives exist, measures should be taken to minimize the impact of displacement. •• A specific decision shall be taken by a state authority empowered by law to order such measures. •• Inform displaced persons on the reasons for their relocation and, where applicable, on compensation and relocation. •• Seek the free and informed consent of those to be displaced and their participation, notably of women, in the planning and management of their relocation. 10 Challenges Some of the typical challenges in relation to local forced evictions. integration or relocation are: •• Increased density of population and deteriorating living •• Lack of professional skills adapted to the new conditions and access to services in urban areas, environment. particularly in slums due to the influx of refugees and Internally Displaced Persons (IDPs) •• The land allocated is not fertile. •• Difficulty of upgrading housing and improving living •• Hostility or discrimination from the host population conditions in urban and peri-urban slums due to dense especially if a temporary settlement lasts longer than and precarious habitat. planned or transforms into a permanent one. •• Relocation in isolated areas with limited access to •• Disputes over the ownership or access rights of land or services, livelihood opportunities, and interactions with housing where displaced people settle temporarily or neighboring population. for a longer-term solution. Such disputes can result into Guiding Principles The parameters to take into account when supporting local •• Avoid using collective buildings used by the host integration and relocation are mostly similar, and detailed community (schools and hospitals) to house the guidance already exists on the issue. Some key aspects displaced in the long term as it limits access to public mainly drawn from this guidance are highlighted in the services. following sections: •• Plan for the long term even if the solution is presented Land and housing as temporary. Experience shows that temporary solutions tend to last beyond initial plans so it is •• Clarify existing ownership and use claims on the land important to integrate this expectation from the or housing to be used for local integration or relocation beginning. to adequately compensate those whose rights will be affected. •• Link settlement planning to wider area development planning to ensure the complementarity of services •• Negotiate use of premises or land before resettling and to contribute to social cohesion between the host people. population and refugees. •• Determine the type of use and occupancy rights Social aspects granted to the displaced as well as the duration of these rights and conditions for use and renewal of agreement •• Ensure that the relocation does not serve any with owners (individual or community, private or public) discriminatory purposes to marginalize or displace specific groups. •• Ensure that women will have access to these rights. •• Identify any ethnic composition, religious or other •• Document agreements and have them signed and characteristics of the population for the settlement, recorded by local authorities in addition to the owners. which may be perceived as problematic by the host Settlement planning community and invest in mechanisms to mitigate concerns and potential security risks linked to •• Plan to ensure the suitability of locations in relation discrimination against settlement inhabitants. to access to services (utilities, health and education facilities), transport and livelihood opportunities, and the •• Adopt an area-based approach to service delivery and impact on surrounding neighborhoods. encourage mixing of displaced and non-displaced to reinforce social cohesion. •• Facilitate the upgrading of slum and housing conditions to achieve an adequate standard of living, in cases •• Ensure that the resettled population has access to where local integration occurs in marginal or peri-urban civil offices to register changes in civil status such as areas. weddings and births. 11 The following examples present ways of strengthening land and housing tenure security in support of local integration and settlement elsewhere. The examples focus on the tenure security dimension but are also identified because several aspects of their implementation support the achievement of durable solutions by ensuring consultation with the population, and providing access to employment, livelihoods and services : Local integration: Housing solutions through ownership. In Georgia, the collective centers where IDPs had been accommodated for years were upgraded and privatized to the benefit of the displaced for a symbolic amount. Legal support was provided to the new owners for them to learn how to manage a condominium. This option provided a permanent and secure housing option through ownership. Local integration through strengthening of tenancy agreements. In Somalia, a tri-partite agreement between UN HABITAT, the municipality of Bosaso and owners of land on which urban IDPs had settled led to an upgrade of the settlement’s living conditions (access to utilities, settlement layout with wider streets to prevent fire outbreaks, separate latrines for men and women) and more secure tenure through written lease agreements of 5 years. Lease agreements included obligations of owner and tenant, a notice period between 60 and 90 days, and a dispute resolution mechanism involving the municipality. A wide information campaign on the use of tenancy agreements contributed to an increased demand for such agreements from both tenants and owners. Relocation through incremental tenure. Also in Somalia, many IDPs had settled in peri-urban areas around the city in a wild/un-planned manner. As displacement became protracted, UN HABITAT in consultation with IDPs, asked authorities to identify areas where IDPs could be resettled a few kilometers away from their current location. Once the area was identified, it was included in urban development plans as land to be connected to services. Landowners volunteering to donate part of their land to the municipality benefited from the operation since the value of their remaining land in the area increased. IDPs resettled were given free-rent contracts by the municipality and assistance to improve their housing. They also benefited from income-generating activities. Immediate relatives could inherit the occupancy right in case of death. After 15 years of continuous presence they acquired full ownership of the plot. The objective of the free rent contract increased the likelihood of the housing and land to remain for IDPs since they did not have the right to rent it or sell it. 12 Restitution The Handbook on property restitution for refugees and Several key standards on forced displacement such as IDPs defines restitution as follows: the Guiding Principles on Internal Displacement , and the Principles on Property restitution for refugees and “The term restitution refers to an equitable remedy (or a IDPs (hereafter referred to as Pinheiro principles) consider form of restorative justice) by which individuals or groups restitution as a preferred remedy to dispossession and of persons who suffer loss or injury are returned as far as displacement. Compensation is only envisaged when possible to their original pre-loss or pre-injury position. restitution is impossible or when it is the choice of the The right to a remedy for human rights violations has displaced . Authorities have a responsibility to assist the perhaps been best articulated in the Basic Principles and displaced in recovering their property. Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Restitution is considered as a preferred remedy for several and Serious Violations of International Humanitarian Law reasons: (2005), which states that “restitution should, whenever possible, restore the victim to the original situation •• It leaves open all settlement options: Once the land before the gross violations of human rights law or serious or house is repossessed, the person can decide violations of international humanitarian law occurred. whether to return, to rent it until he or she decides that Restitution includes, as appropriate: restoration of liberty, conditions are conducive to return, or to sell it and use enjoyment of human rights, identity, family life and the funds to settle elsewhere. citizenship; return to one’s place of residence, restoration •• It provides justice and redress for dispossession and of employment and return of property.” forced displacement. Conflict leads to forced displacement and dispossession •• It contributes to peace-building by appeasing the and is characterized by widespread violence, human resentment resulting from past violations of rights. rights violations, and a breakdown of justice, rule of law and social cohesion. The homes and land left behind As a result, provisions on property restitution have been by refugees and internally displaced persons (IDPs) are included in an increasing number of peace agreements in often their most valuable assets and can be central to Latin America, Europe, Asia, Africa and the Middle-East. their livelihoods and identities. Their recovery is therefore Several restitution programs were initiated and confronted critical for the displaced to overcome the socio-economic with a wide range of challenges. difficulties linked to their displacement and to resume their lives. Challenges The typical challenges to restitution programs are: resulting in high figure of land tenure informality, close to 54 percent rural farms do not have a formal tenure. Political obstruction and social tensions: Those who The lack of formal documents confirming land ownership benefited from dispossession to acquire new land or and boundaries makes it particularly difficult to resolve to assert their political power during the conflict are competing claims over land. In addition, traditional likely to be opposed to restitution programs and will boundary markers such as trees and rocks may also have use their position at national or local level to obstruct been removed, intentionally or not, during displacement. implementation. In Colombia, one of the key obstacles Finally, the displacement of the customary land chief to property restitution is the connection between local and population, who could have confirmed the rights politicians and the interests of big landowners, companies allegations of the parties, renders restitution even more and armed groups. This collusion has resulted in the complex. For those people who had formal property development of insecurity and targeted attacks against documents, these may have been destroyed or lost, and land rights activists to deter restitution claims or their the institutions in charge of issuing such documents implementation . might be unavailable or inaccessible to the displaced. Informal tenure and lack of documentation proving Furthermore, the time between the violation of their legitimate ownership rights: Most conflict take place rights and the beginning of the land restitution program in agrarian states where 90 percent of the land is held can negatively affect the capacity of claimants to gather customarily . In Colombia the rural areas that were most information supporting their claims. affected by conflict, lack cadastral and registry records, 14 High number of claims: In situations of conflict and mass land acquisition is sometimes done in violations of the displacement, the number of claims for restitution might safeguards included in the legislation or, on the contrary, be very high, which has the potential to overwhelm the encouraged by authorities at the local or national level as institution that will be in charge of addressing such claims. a way to boost economic recovery. The improvement of The choice of institution should be determined based security in the post-conflict phase opens access to certain on the expected number of claims and their capacity to areas. In the absence of the displaced this improvement satisfactorily address those claims within a reasonable encourages new land acquisitions. In Colombia, time-frame. Delays in the implementation of the restitution indigenous people’s organisations have expressed their risks heighten tensions and threaten the fragile post- concern about increased pressure from multinationals and conflict environment. the government to exploit their land since the cessation of hostilities. The combined weakness of institutions and of Weakness of institutions and legal pluralism: Conflict the rule of law hinders the capacity of good-will authorities usually results in a disruption of the functioning of to stop continuing dispossession and enforce restitution institutions because their staff has been displaced, decisions. because administrative buildings or public infrastructure are damaged or certain areas of the countries are difficult Protracted displacement: Protracted displacement to access. This situation can affect formal institutions such represents a significant obstacle to property restitution. as courts and land administration whose records may have The length of dispossession complicates the process as been lost or destroyed, but also local dispute resolution several waves of dispossession and displacement may mechanisms. Moreover, the conflict may have affected have taken place. In such circumstances it might be the legitimacy of pre-war authorities, as they may have particularly difficult to identify the rightful owner: issues of lost credibility due to their attitude during the conflict. In succession and inheritance with multiple heirs may arise, parallel, new forms of authorities may have emerged at the the property may have been sold several times over the local level. In Côte d’Ivoire, the conflict was closely linked years including by people in good faith who did not know to the denial of land rights to long-term migrants who had the property had been acquired illegally. Any restitution will bought land and which the original inhabitants claimed have to determine how far back the restitution entitlement back sometimes decades after the deal. The authority of can go, as this decision has practical but also political, customary leaders who had endorsed such land deals was economic and social implications. In South Africa, where challenged during and after the conflict by the youth of land had been confiscated during the 200 years of the original inhabitants rejecting land sales to “outsiders”. white minority rule, the restitution program covered land Youth committees were created in various villages to confiscation all the way back to 1913, and was combined address land disputes and circumvent the authorities of with redistributive measures for prior dispossessions. traditional leaders . This situation creates a climate of legal pluralism whereby the same land dispute can be presented Root causes of conflict: If the root causes of the conflict before different forums based on the expectation of a are linked to skewed patterns of access to land and positive result. This “forum shopping” leads to legal landlessness, the return to the pre-war state of things is uncertainty and instability because it is unclear whether unlikely to bring satisfaction and social cohesion. the issue has been decided once and for all. This situation Occupation of property: Many of the properties left is not conducive to tenure security and investment. On the behind by refugees and IDPs end up being occupied or other hand, when formal institutions are not functioning used according to different modalities: some may have adequately, customary institutions can provide a form of just moved in from their own initiative, others may have access to justice. been allocated the property temporarily or permanently In addition, informal tenure and weak institutions make it by official or de facto authorities or may have bought it difficult to obtain the data necessary to accurately assess in good or bad faith. This creates a serious obstacle to the scope of the situation and establish a baseline against restitution as the occupants might be reluctant to leave which an adequate response and mechanism can be and the state reluctant to evict them if the land allocation elaborated. was a way to ensure political support. Weakness of the rule of law: The widespread violations of human rights that commonly affect conflict situations provide to many a sense of impunity facilitating the continuation of dispossession and abusive land acquisition by individuals or companies. This dispassion and abusive 15 Guiding principles Detailed and authoritative guidance on how to design and •• Identification of power-brokers and political implement property restitution programs already exist so and economic consequences of land programs: the recommendations following provide an overview of Identifying opposition to programs aimed at addressing key aspects to take into account and adds information land dispossession is key to choosing the approach on the analysis that should take place to determine which to adopt, the institutions (national, local, customary) approach or which combination of approaches will more in charge of implementing it, and the compromises to comprehensively and sustainably prevent and mitigate make in order to ensure some results. The key is to land and housing disputes. balance what is fair with what is feasible, socially and politically. Depending on the power dynamics and the Assess the situation to determine the choice of capacity of the state to impose its authority at the local approach: HLP issues in conflict and post-conflict level, some compromise measures may have to be situations can be addressed through restitution; found to accommodate various interests and get the compensation; measures of transitional justice such as power brokers on board: “A soft approach targeting moral reparations; measures providing land and housing in occupants can take the form of financial or in-kind areas of return, local integration or relocation, or broader compensation such as allocation of alternative land, reform of land tenure and administration. The choice partial restitution, or economic incentives to give the of one or more approaches should be made based on land back, granting a form of amnesty for some crimes, analysis looking at the following: or increasing salaries of staff involved in property •• Causes of displacement: Before embarking into a restitution to limit corruption. The hard approach would restitution process, it is important to assess whether focus on prosecuting perpetrators of illegal acquisition the population considers the pre-conflict distribution to end impunity and demonstrate political will.” of land and property as more legitimate than the one When designing and implementing a restitution program, resulting from the conflict. If HLP disputes are merely the key issues to consider are a consequence of displacement and conflict, like in Bosnia and Herzegovina, restitution is likely to be an •• Principles appropriate option. If disputes over unequal access to •• Scope and admissibility issues land were among the root causes of the conflict like in Colombia, restitution will need to be complemented by •• Process and procedures redistributive land reform to better contribute to peace •• Institutions and durable solutions. •• Length of displacement: In some cases of protracted Principles guiding restitution programs: displacement, compensation or measures of land •• Non-discrimination, equality between men and distribution might make more sense and be more women, children’s rights: Land-related conflicts practically and politically feasible than restitution. are frequently associated with discrimination against •• Preferences of refugees and IDPs: Consulting certain religious, ethnic or political groups. Women’s dispossessed populations allows the identification land rights are usually at risk particularly in customary of solutions that correspond to their needs and that settings where they cannot own land. This can limit are more likely to bring them rapid and satisfactory their capacity to repossess property in case they solutions. This consultation can be done through become widows or separated from their husband. surveys or a profiling exercise . Neglecting the Restitution programs should include provisions on non- displaced preference risks creating unnecessary delays discrimination and take specific measures to ensure in the achievement of durable solutions and could affect that rights of women are recognized: they should be the cost-efficiency of programs. able to own property in their own name otherwise they risk being unable to inherit from their parents •• Analysis of tenure relations and existence of or husband. All forms of marriage (traditional and land and property records: Determine whether common law) should be recognized for the purpose dispossessed land and housing are held under formal of inheritance rights. Events such as death or divorce or informal arrangements and whether the legitimate that occurred during displacement may also have an owners can be easily identified. (Are the property impact on restitution rights of women and specific records still available? In case of customary tenure, are measures should be taken to facilitate their claims. For customary authorities reliable and still in function? Are more information on the protection of land tenure for there alternative forms of evidence that can be used?). vulnerable groups, see the Thematic Guidance Note on protecting and strengthening tenure rights of vulnerable groups. 16 •• Conformity with national and international standards Substantive issues: scope and admissibility •• Right of appeal •• Types of rights covered: The restitution program should determine, based on the context, which rights •• Consultation: Displaced people should be consulted to are covered: formal ownership, customary ownership, collect information on the property they left behind and tenancy and user’s rights, and secondary rights such the types of land access they had in order to facilitate as grazing rights. This determination is key to ensure restitution. that restitution does not weaken pre-existing access •• Rights of occupants: The occupants might themselves rights, notably those of vulnerable groups such as be displaced and in need of housing. Restitution women, indigenous people, minorities or pastoralists. programs should include measures requiring authorities According to the Pinheiro principles, restitution rights to provide alternative accommodation (AA), or cash extend to “tenants, social occupancy rights holder, for rent as part of their obligation to respect the right and other legitimate occupants or users of housing, to adequate housing. In any case, the procedures to land and property”. Experience has shown that it is evict the current occupant should respect international important not to limit restitution to housing and land standards so as not to render people homeless or but to also extend it to business premises. In Bosnia constitute a forced eviction. and Herzegovina, restitution of business premises was excluded from the administrative restitution program The provision of AA is based on needs and is only and related claims had to go through a lengthy court an obligation when the occupants do not have and/ process. This exclusion hindered the capacity of many or cannot afford their own accommodation. In Bosnia returnees to be self-reliant. When key to livelihoods, and Herzegovina, the entitlement to alternative restitution of livestock could also be included. accommodation was decided on a case-by-case basis looking into the availability and habitability of •• Time and geographic scope: Determine which period the pre-war domicile and the income of the occupant. of dispossession is covered by the restitution program. This income would then be put in perspective with Ensure that this determination does not give rise to new the value of the consumer basket in the area to tensions by discriminating against certain groups. This determine whether the occupant was above or below consideration is particularly relevant where a country the threshold entitling him/her to AA. This process has been affected by several waves of displacement was essential to limit occurrences of AA being used and dispossession some dating back to colonization. as a pretext by authorities not to evict occupants In such cases, it might be worth envisaging a mix of because they had to provide AA. Occupants who were approaches combining restitution, compensation and determined not to be entitled would receive a restitution land distribution as in South Africa. Such a decision can decision requiring them to vacate the premises within be made in consultation with the population for instance 15 days, while those entitled to AA had 90 days to do in the context of a transitional justice process where so. This gave authorities some time to identify AA. land grievances can be part of the issues debated. In cases of multiple waves of displacement, the In cases of long-term land dispossession, there occupants might themselves have been displaced may be several overlapping or competing claims and settled many years or even decades ago. Over and a significant number of people who bought the the years, they may have invested significantly in the dispossessed property in good faith. In such cases, property. In such cases, where it can be determined redressing old dispossession would result in violating that occupants were not involved or had no the rights of the good-faith buyers. Compensation knowledge that the property they occupy resulted from might therefore be a more appropriate solution in such dispossession of the original owners, compensation can cases. be considered for the occupants. In Iraq, the budget for •• Collective claims: In many informal settings, part of the restitution program included financial compensation the land is held collectively. Where relevant, restitution for 2,000 secondary occupants who were not involved processes should accept collective claims for in the displacement of rightful owners, although the restitution. lesson learned is that institutional capacity was not set up to fully provide the compensation payments to such secondary occupants. 17 Guiding Principles - continued •• Deadline for application: In order to provide legal •• Accessibility: Access to the restitution process can be certainty and to close the restitution chapter, it is enhanced by accepting applications in any office (area important to establish a deadline for the restitution of displacement or origin), by mail, or electronically, process. The application period should be sufficiently ensuring a wide geographic coverage of offices taking long to ensure that all the potential beneficiaries in claims in. Mobile teams can also be sent to remote country or abroad are informed about the process and areas to that effect. Free legal assistance contributes to assisted to apply. improved accessibility. Process and procedures •• Exemption of fees for claimants: Considering the potential financial difficulties faced by those •• Consultation: Consultation with population affected dispossessed, procedures aimed at issuing or reissuing by dispossession is necessary to decide on the personal or property documentation necessary for the best form of remedy to the situation (restitution, restitution claim should be free as well as the restitution compensation, housing assistance, land distribution) process itself. In Kosovo, specific campaigns targeting and to better comprehend the types of rights that need Roma people were initiated to issue personal and to be integrated into the restitution process. Once the property documentation free of charge. mechanism is defined, it is key to create a community engagement strategy and reach out to groups that •• Flexibility of evidence: Since many claimants will not are socio-economically marginalized to facilitate have documents to prove their rights, either because the rebuilding of the social fabric in the community they lost them or never had any, procedures should and territory and ensure that the restitution rights of accept alternative evidence to establish rights: utility vulnerable groups are not omitted. bills, tenancy contracts, witness testimonies. In Kosovo, discriminatory laws prior to the conflict limited the •• Information: Having a public engagement campaign right of Kosovo Albanians to purchase property. As and a communication strategy aiming at reaching out a result, very few had legal documentation proving political forces and the public is crucial to ensure the ownership. To address this problem, the regulations understanding of what the restitution program aims on property restitution adopted by the UN Mission in to do and set expectations right from the start. The Kosovo considered that informal transfers of property communication strategy should engage the variety concluded in violation of the discriminatory legislation of stakeholders and inform the general public about should be treated as lawful. The same regulations the land restitution process, especially in those cases also allowed to accept relaxed evidentiary standards where the restitution program faces opposition by in support of restitution claims. Flexibility of evidence political and economic forces. in relation to events such as disappearance, death The public information campaigns on the modalities or divorce may also need to be used to facilitate the of the process are key to ensure wide participation. claims of legitimate right-holders. These campaigns can be implemented through a wide Participatory methods such as community-mapping variety of means: printed pamphlets, newspapers, can also be used to define boundaries and preserve radio, television, internet or public meetings. Specific evidence to support restitution claims. This method has measures should be adopted in the application process been used in a post-disaster context like in Indonesia to reach and support vulnerable or marginalized groups. where buildings, cadaster registries and land markers In the case of people forcibly displaced, information had been destroyed by the December 2004 tsunami, should be disseminated in displacement areas, camps making it very difficult to identify properties and owners or collective centers, or by informing refugees through eligible for reconstruction. The Reconstruction of Land UNHCR or the authorities of the host countries. Administration Systems in Aceh and Nias (“RALAS”) In Bosnia and Herzegovina, a restitution institution, project proposed by the Indonesian government in the Commission for Real Property Claims (CRPC) 2005 with the support of the World Bank used a method provided special outreach campaigns in countries based on a community-driven adjudication of land hosting refugees from Bosnia, and delivered specific rights, which could also be used in conflict settings: assistance to help them access property registries. the landowner signs a declaration of ownership and Information materials can also be disseminated through receives the confirmation of his neighbors and the civil society organizations specialized in the support of village chief. In the case of the death of the owners, the vulnerable groups such as women, indigenous people village chief and imam help to identify potential heirs. or minorities. A mix of methods can also be used during the conflict to start documenting dispossession and collecting 18 evidence, thus preparing the ground for restitution in •• Registration or demarcation of repossessed the post-conflict phase. A Mc Gill University project property: Housing, land or user rights should be has recently been designed to that effect. It aims to recorded “as necessary to ensure legal security of collect information on housing, land and properties of tenure” including the possessory rights of traditional Syrian refugees combining information from different and indigenous communities to collective land. The sources: satellite imagery, HLP surveys with displaced objective is to protect the rights related to the recovered people, and documentation of customary land land or housing in case of further disputes. rights and practices. The project suggests using the registration of refugees or internally displaced people to Institutions: The type of institution in charge of the document their land rights. Such projects can also have restitution process will influence the level of guarantees a preventive effect if they are sufficiently advertised it provides, its accessibility, and efficiency. The judiciary by letting potential occupants know that evidence is will provide maximum guarantees of protection in terms of being collected and that his or her presence on the procedures, but the proceedings are lengthy and complex property may be at risk as a result. By using different making it less accessible. Moreover, it is often ill-adapted datasets of information, including from social media, to mass claims situations, which may clog the system and and comparing information obtained from individuals, delay restitution. patterns of dispossession can also be identified and The use of administrative bodies presents several demonstrated, which can be helpful in confirming the advantages: likelihood of dispossession when the claimant has only partial evidence. •• They are usually present throughout the territory. In Iraq, the UN Compensation Commission dealing with •• Procedures are simplified compared to judicial ones. claims resulting from the 1990-1991 Gulf war, accepted lower evidentiary standards taking the circumstances •• They are more adapted to mass claims but there is a and context of the damage into account and also used risk of partiality and obstruction at the local level. In a “plausibility standard” to grant compensation. Bosnia and Herzegovina, municipal departments had the responsibility to process and instruct claims. •• Alleviate or shift burden of proof: In normal circumstances, because violations are exceptional, it •• Administrative bodies can also be responsible for is up to the victim to prove that a violation has been having a proactive approach by trying to identify land committed. In conflict situations where there is a claimants, instead of limiting themselves to cases where known pattern of violations, there can be a legislative they received a land claim. assumption that people who left their homes during Ad hoc mechanisms: The use of ad hoc mechanisms the conflict did it under duress. Similarly, in cases of specifically designed to address restitution claims prevents sale under duress, it can be decided that it should be the overload of other institutions. It can have a mixed up to the defendant to prove that there was no duress composition (international and national) to provide more involved. This assumption would allow for accelerating guarantees of impartiality like in Kosovo. However, when the processing of claims to the benefit of the claimant. an ad hoc institution does not have enforcement powers, This acceleration was the case in Colombia where like the Commission for the Resolution of Real Property the restitution procedures included a presumption Disputes in Iraq, or the Commission for Real Property of illegality of the land transactions or conveyances Claims (CRPC) in Bosnia and Herzegovina, it is essential to on dispossessed lands. The burden of proof was define clearly and from the outset, the institution in charge transferred to the opposite party. of enforcement and the modalities of such enforcement •• Enforcement: Since there is often resistance from to avoid unnecessary delays. In Bosnia and Herzegovina, occupants to vacate the properties, it is key to identify holders of CRPC decisions had to go through the local the institutions and mechanisms of enforcement administrative process in addition to the CRPC process to ensure that decisions actually result in physical to have their decisions implemented. This requirement restitution. The institution should be chosen based on not only delayed the restitution process but defeated the its expected loyalty to the restitution process to prevent purpose of an impartial ad hoc mechanism designed to a failure of the process. In Guatemala, authorities in circumvent biased local processes. charge of implementing restitution were the same ones Traditional or customary dispute resolution mechanisms: involved in persecuting the displaced and allocating In countries where state institutions are not present or their land, which limited the success of the program. fully functional at the local level, and rural land is held and managed customarily, it may be relevant to rely on 19 Guiding Principles - continued customary bodies to address post-conflict land disputes. They provide a cheap, accessible and rapid solution to land disputes. Their social legitimacy usually results in a good enforcement rate of their decisions. Finally, these bodies are more familiar than the formal system with the overlapping rights that may coexist on the same land, so they are more likely to acknowledge and protect them in their decisions. However, in terms of land access they tend to discriminate against outsiders and women, who can be granted access rights but are usually not allowed to own land according to customary tradition. Customary decisions are usually guided by the desire to maintain social cohesion and use mediation, arbitration and negotiation techniques. They usually result in a compromise solution favoring sharing of land between claimants rather than full restitution. This compromise is particularly suitable in cases of protracted displacement like in Burundi. The majority of the decisions made by the Land Commission in Burundi resulted in sharing the land between the returnee and the occupant. The share obtained varied based on the number of respective family members, the availability of alternative land, and the level of investment in the land by the occupant. When insufficient state capacity exists, cooperation with informal dispute resolution bodies may be the most efficient way to rapidly address HLP disputes. However, to limit the influence of power play at the local level and the risks of discrimination against vulnerable groups or individuals, government should establish clear principles to guide the resolution of land disputes and put in place an appeal process and monitoring mechanism. Guiding principles for action: •• Recognize informal HLP rights in the context of restitution and compensation programs. •• Use lower evidentiary thresholds to establish HLP rights (witnesses, community mapping, traditional boundary markers). •• Train informal dispute resolution bodies to settle property disputes in line with human rights standards and compliant national legislation. •• Inform population, notably the vulnerable and marginalized, of their land and housing rights under national legislation and train paralegals in the community for easier access to information and monitoring of decisions. 20 21 Compensation Compensation is a way to remedy the violations of HLP Decide whether the compensation amount will be rights through the provision of cash or kind aiming at individualized or standardized: A standardized amount covering losses linked to land or housing. According allows for a faster processing of claims. It may be less to the Pinheiro principles, compensation should be adjusted to the loss incurred but it provides symbolic envisaged only when restitution is impossible or when the reparation and a means to rebuild one’s life after the victim accepts compensation in lieu of restitution. This conflict. The value of the asset to take into account should approach is to prevent cases where the victims would be be its value at the time of the claim to ensure adequate put under pressure to accept compensation in order to compensation. This valuation is particularly important in prevent restitution and return for political or discriminatory the case of protracted displacement where the value may purposes. have significantly changed. Providing compensation instead of restitution may Challenges be the best solution in cases of protracted displacement where various legitimate claims might coexist on the The key challenge to compensation programs is its same property. The European Court of Human Rights, financing, especially if cash compensation is envisaged. which has defended the right to restitution in numerous The political and institutional constraints are similar to the cases, accepted recognizing compensation in lieu of ones presented under the restitution topic so they are not restitution in the case of Greek Cypriots displaced from repeated here. Northern Cyprus. The Court considered that after three decades of displacement “a blanket restitution of all the cases of Greek Cypriots dispossessions could give rise Guiding principles: to disproportionate new wrongs against the occupants of such properties”. Estimate the number of claims likely to be submitted and the amounts required to compensate such claims. Offer a plurality of option to address land Identify funding sources: In Colombia, the compensation dispossession: In case the conflict affected population fund is financed by a mix of public sources, including cash is not interested in restitution, or where dispossession financial resources and productive land recovered by the occurred too long ago, the victims should have the option state through eminent domain. to choose between restitution and compensation to avoid unnecessary delays as in Colombia and Iraq. Determine the type of losses covered by the compensation scheme: Determine whether compensation will be provided in addition to restitution: Compensation can also be •• Types of ownership or user rights: the same provided in addition to restitution, for example, when the considerations as in the restitution section should apply. property is destroyed, or when livestock or equipment has •• Destruction, loss of harvest, loss of rent, loss of been lost. livestock. If cash compensation is difficult because funds are •• Compensation linked to relocation. not forthcoming, envisage in-kind alternatives such as allocation of public land, housing reconstruction •• Compensation for necessary investments made assistance, development of social housing programs, tax by the current occupant on the property to be exemptions, subsidized credit for housing or business vacated (to prevent property from decay or structural activities, and vocational trainings. If well adapted to damage) further to return or restitution. This type of needs, such measures can have a more lasting effect than compensation should be put in perspective with the cash compensation. fact that the occupant may have benefitted from and occupied the property without rent for years. •• Decide whether compensation will consist in the provision of an equivalent parcel or a cash compensation, or in a mix of both measures, defining the cases where one or the other should apply. 22 Annex 1: •• Compensation: provision of a benefit in cash or kind to respond to a loss, suffering or injury. In the context of this Note, compensation can take the form inter alia of financial assistance, land allocation, or reconstruction of destroyed homes. •• Displaced people: When the type of displacement is not specified, “displaced” refers to both refugees and IDPs. •• Durable solutions: A gradual and often long-term process of reducing displacement-specific needs and ensuring the enjoyment of human rights without discrimination. This process should address human rights, humanitarian, development, reconstruction and peace-building challenges through the coordinated and timely engagement of different actors. Durable solutions also suppose access to national services and social welfare. •• Housing, land and property (HLP): The term housing, land and property was created to reflect the diversity of rights subject to restitution and compensation, in particular in contexts of forced displacement. Based on economic, social and cultural rights as well as civil and political rights, it highlights the fact that the right to restitution and compensation applies beyond ownership, to tenants and people with informal or customary land rights. •• Internally displaced persons (IDP): Persons who have been forced to leave their homes to avoid the effects of generalized violence, conflict, violation of human rights or natural or human-made disasters, and who have not crossed an international border. The reference document defining the term and protecting their rights is the Guiding principles on internal displacement (1998) •• Refugee: UNHCR defines a refugee as a person who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.” •• Resettlement: The notion of resettlement has a very distinct meaning in humanitarian and development contexts. In refugee situations, the United Nations High Commissioner for Refugees (UNHCR) defines resettlement as a solution where a refugee is transferred from an asylum country to another state that has agreed to admit him or her and ultimately grant them permanent settlement. In situations of internal displacement resettlement refers to a settlement in a location different from the place of origin, either in the place of displacement or elsewhere in the country. Finally in development contexts, resettlement refers to situations where people displaced by development projects “are assisted in their efforts to improve, or at least to restore, their incomes and living standards”. 
 To avoid confusion, this Guidance Note does not use the term resettlement and specifies whether it is referring to local integration (in the place of displacement) or to relocation (referred to as “settlement elsewhere” in IDP contexts). •• Restitution: process and remedy by which individuals who suffered a loss and in violation of their rights are returned as close as possible to the situation prevailing before the violation. Restitution can apply to restoration of liberty and employment and also to restoration of property and possessions from which people have been dispossessed. This Note focuses on this last dimension of restitution. 24 Endnotes 1. « A durable solution is achieved when internally displaced persons (IDPs) 21. For more details see World Bank, Good practices on refugee settlements no longer have specific assistance and protection needs that are linked to their displacement, and such persons can enjoy their human rights without 22. For more details on the examples presented : IDMC, Home sweet home : discrimination resulting from their displacement», IASC, Framework on Housing practices and tools that support durable solutions for urban IDPs, Durable Solutions for Internally Displaced Persons, April 2010, p.5. See also March 2015 Glossary. 23. This section focuses on restitution in post-conflict settings and not on post- 2. When not specified, « displaced persons » refer to both IDPs and refugees socialist restitution. 3. For refugees, the terminology is the same except for the 3rd option where 24. FAO, NRC, IDMC, OCHA, OHCHR, UN HABITAT, UNHCR, Handbook and “resettlement” refers to installation in a country different from the country property restitution for refugees and displaced persons, implementing the « of asylum. This guidance note does not cover this type of resettlement. Pinheiro principles », March 2007, p.24 4. New approaches to solutions, UNHCR, EC/67/SC/CRP.14, 7 June 2016, 25. Brookings Institution, Protecting IDPs : Manual for Law and Policy Makers, paragraph 5 2008, p.171 5. The IASC is the primary mechanism for inter-agency coordination of 26. Commission on Human Rights, Guiding principles on internal displacement, humanitarian assistance. It comprises key UN and non-UN humanitarian E/CN.4/1998/53/Add.2, 1998 partners and was established in June 1992 in response to United Nations 27. UN Sub-Commission on Protection and Promotion of Human Rights, General Assembly Resolution 46/182 on the strengthening of humanitarian Principles on housing and property restitution for refugees and displaced assistance. persons, 11 August 2005, referred to as the Pinheiro principles 6. While the IASC Framework focuses on IDPs, the criteria identified can also 28. Guiding principle on internal displacement 29 apply in refugee context. 29. Pinheiro principles 21 7. See definition in Glossary 30. Guiding principle on internal displacement 29 8. Global trends: forced displacement in 2015, UNHCR, June 2016 31. Revista Latino-Americana de Derecho Internacional (LADI) Housing, land 9. IDPs in protracted displacement: is local integration a solution? Brookings/ and property in forced displacement situations a key to peace, justice and IDMC 2011 durable solutions, by Barbara McCallin, December 2016, p.22 10. Protracted displacement: uncertain path to self-reliance in exile, HPG, 32. International Center for Transitional Justice (ICTJ), Linking broad September 2015, p.12. constellation of ideas: transitional justice, land tenure reform and 11. Ibid, p.1 development, by Chris Huggins, June 2009 12. See United Nations Secretary General’s report, “One humanity: shared 33. Gobierno de Colombia, Ministerio de Agricultura, Estimado de informalidad responsibility” (A/70/709), May 2016 ahead of the World Humanitarian de tenencia rural UPRA, 2016 Summit, and “The Grand bargain: a shared commitment to serve people in 34. There were around 200,000 restitution claims in Bosnia and Herzegovina need” and almost 90,000 restitution claims were registered in Colombia as of 13. The local integration and local settlement of refugees: a conceptual and April 2016 historical analysis, by Jeff Crisp, UNHCR, New issues in refugee research, 35. IDMC, Whose land is this? Land disputes and forced displacement in the Working paper n°2, April 2004, p.4-5 western forest area of Côte d’Ivoire, November 2009 14. World Bank, Forcibly displaced : towards a development approach 36. Reuters, Conflicts over land are likely to increase following a peace deal as supporting refugees, the internally displaced and their hosts, 2016, p. XIX once no-go areas open up for business and development projects, experts 15. Martin Gottwald, Peace in Colombia and solutions for its displaced, in FMR say, by Anastasia Moloney, 23 September 2016. 52, May 2016, pp. 14-16 37. FAO, IDMC, OCHA, OHCHR, UN HABITAT, UNHCR, Handbook : Housing and 16. Guiding principles on internal displacement, Principle 28 relating to return, property restitution for refugees and displaced persons, implementing resettlement and reintegration. Commission on Human Rights, Guiding the Pinheiro principles, March 2007; and Brookings, Protecting Internally principles on internal displacement, E/CN.4/1998/53/Add.2, 1998 Displaced Persons : A manual for law and policymakers, October 2008, chapter 12, Property and possessions, pp. 169-188 17. Resettlement factsheet, World Bank website accessed 13 November 2017 38. The Joint IDP Profiling Service (JIPS) is an inter-agency service, supporting 18. Guiding principle on internal displacement 6. 1. c), Commission on Human government, humanitarian and development actors to design and Rights, Guiding principles on internal displacement, E/CN.4/1998/53/Add.2, implement collaborative profiling exercises. The Service seeks to promote 1998 a culture of evidence-based decision making in displacement situations. www.jips.org 19. Guiding principles on internal displacement 7 and 9, Commission on Human Rights, Guiding principles on internal displacement, E/CN.4/1998/53/Add.2, 39. LADI, 2016. p.26 1998 40. For more information on this see World Bank thematic note « Protecting and 20. The Operational Policy 4.12 will be complemented by a new Environmental strengthening the land tenure of vulnerable groups » and Social Framework 26 41. Pinheiro principle 16.1 42. For more information on this see World Bank thematic note “Protecting and strengthening the land tenure of vulnerable groups” 43. FAO, NRC, IDMC, OCHA, OHCHR, UN HABITAT, UNHCR, Handbook and property restitution for refugees and displaced persons, implementing the « Pinheiro principles », March 2007, p.70 44. Brookings institution, Protecting internally displaced people : manual for law and policy makers, October 2008, p. 180 45. Daniel Fitzpatrick, Addressing Land Issues after Natural Disasters: Case- Study (Aceh, Indonesia), 2006 46. Jon Unruh, Use of Upgraded Evidence in Cadaster Approaches for Syrian Refugee Return, 2015. See also Jon Unruh, Assembling evidence for a land and property restitution database during the Syrian civil war, Paper prepared for presentation at the
“2016 World bank conference on land and poverty” The World Bank - Washington DC, March 14-18, 2016 47. Jon Unruh, 2015 48. Jon Unruh, 2016, p.7 49. Jon Unruh, 2016, p.9 50. International Center for Transitional Justice, ICTJ, The contemporary right to property restitution in the context of transitional justice, by Rhodri Williams, Occasional paper series, May 2007 p.43. 51. Pinheiro principles 15.2 52. Pinheiro principles 15.3 53. FAO, NRC, IDMC, OCHA, OHCHR, UN HABITAT, UNHCR, Handbook and property restitution for refugees and displaced persons, implementing the « Pinheiro principles », March 2007, p.64 54. Commission Nationale Terres et Biens (CNTB) : The Commission gathered officials and customary leaders 55. Pinheiro principle 21 56. FAO, IDMC, OCHR, UN HABITAT, UNHCR, 2007. p.28 57. European Court of Human Rights, Demopoulos v. Turkey (decision on admissiblity) 1st March 2010, paras 116-117 58. UCLA Law Review Discourse 65, Property and transitional justice, by Bernadette Atuahene ; FAO, IDMC, OCHA, OHCHR, UN HABITAT, UNHCR, Handbook, opus cit. p.94 59. IASC, Framework on Durable Solutions for Internally Displaced Persons, April 2010. 60. UN Sub-Commission on Protection and Promotion of Human Rights, Principles on Housing and Property Restitution for Refugees and Displaced Persons, 11 August 2005 Resolution 2005/21 61. Convention relating to the status of refugees, 1951 62. Guiding principles on internal displacement, Principle 28 relating to return, resettlement and reintegration. Commission on Human Rights, Guiding principles on internal displacement, E/CN.4/1998/53/Add.2, 1998 63. Resettlement factsheet, World Bank website accessed 13 November 2017 27 Guidance Note on Land and Conflict: I. Restitution, Compensation, and Durable Solutions to Displacement and Dispossession Prepared by Barbara McCallin for the Land and Conflict KSB, GSURR, World Bank Group, financed by the Stability, Peace and Security Global Solutions Group and the Land and Geospatial Global Solutions Group Please contact landandgeospatial@worldbank.org for further information. You can find a version of this document on the following website: Land and Conflict KSB, Social Urban Rural Resilience Global Practice