Post-Conflict Property RestitutionMartinus Nijhoff Publishers, 1 sep 2009 - 1 pagina's The right of refugees and internally displaced persons to return to their homes and places of residence in their country or place of origin following a refugee crisis has evolved significantly as a human rights norm over the past decade. Not only have several commentators and UN human rights bodies stressed the need for international peace-keeping operations to address effectively issues of housing and property rights, the past decade has seen international peace-keeping operations recognize these issues as a central component of peace- building efforts, and as indispensable to the promotion of peace, prosperity and development in post-conflict settings. Legal mechanisms mandated to address property issues and disputes have been established in particular national contexts to assist refugees and internally displaced persons (IDPs) to return to their homes, and there has emerged an explicit right of refugees and IDPs to restoration of their property rights, or compensation where restoration is no longer feasible. This is in stark contrast to the treatment of displaced persons over past centuries, whereby the homes and lands of those displaced, who were not on the side of the victors or those who remained in power, were lost forever. The aim of this book is to provide a comprehensive overview of property restitution in post-conflict Kosovo. It commences with a consideration of the origins and evolution of the right to property restitution for refugees and internally displaced persons. It provides the reader with an outline of the situation in Kosovo prior to the 1999 armed conflict, the developments that led to the international property related intervention, and the subsequent establishment of the HPD/HPCC (the Housing and Property Directorate and its independent quasi judicial body the Housing and Property Claims Commission). The international property-related intervention is considered from a legal, institutional, operational and administrative perspective. It also provides a comprehensive outline of the jurisprudence of the Commission and concludes with an account of the lessons learned from the process over its six years of operations.This is a two volume set. |
Inhoudsopgave
Chapter I PostConfl ict Property Restitution for Refugees and Displaced Persons under International Law | 1 |
Chapter II Housing and Property Restitution in Kosovo | 15 |
Housing and Property Directorate and Housing and Property Claims Commission | 29 |
Chapter IV Category and Nature of Claims | 49 |
Chapter V Claims Processing | 63 |
Chapter VI The Decision Making Process | 73 |
Chapter VII Service and Implementation of Decisions | 95 |
Chapter VIII Reconsideration Requests | 109 |
Chapter XII Administration Funding and Institutional Structure of the HPD | 183 |
Chapter XIII Features of the HPDHPCC Process and O verall Contribution to Peace Building in Kosovo | 203 |
Chapter XIV Lessons Learned | 215 |
229 | |
VOLUME II ANNEXES | 239 |
Annex I The Members of the Housing and Property Claims Commission | 239 |
Annex II UNMIK Regulations | 240 |
Annex III Additional Rules of the Housing and Property Claims Commission | 261 |
Chapter IX Closure of Claim Files and Establishment of the Kosovo Property Agency | 119 |
Chapter X Jurisprudence of the Housing and Property Claims Commission | 125 |
Chapter XI Restitution and Compensation | 171 |
Annex IV Executive Directors of the Housing and Property Directorate | 267 |
Annex V Decisions of the Housing and Property Claims Commission | 269 |
Veelvoorkomende woorden en zinsdelen
14.1 Any party 14.2 Any interested 24 March 30 days 51 Vllazrim Bashkimi air campaign allocation decision Allocation Right Holder attached Schedule category C claim category C claimant cause why s/he claim may submit Claimant alleges claimed property claims listed Commission decision Commission finds Commission orders Commission's decision DATE OF DECISION days of learning deciding the claim decision within 30 definition of property Directorate 51 Vllazrim Directorate a request dismissed eviction Housing and Property HPCC internally displaced person KFOR Kosovo Law on Housing lawful possession legally relevant evidence lost possession material error occupancy right occupying the property person occupying present regulation presentation of legally Pristina Property Claims Commission Property Directorate 51 property on 24 property right holder Public Housing Enterprise request reconsideration residential property right in section right of ownership Second Claimant section 2.6 Serbian Language show good cause terms of section UNMIK Regulation 2000/60 Vllazrim Bashkimi Street voluntarily disposed