The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons

A Commentary

Series:

In the first Commentary on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons – known colloquially as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the restitution rights of persons who have faced forced displacement and the loss of their homes, lands and properties.

The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.


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Biographical Note

Dr. Khaled Hassine is a lawyer and housing, land and property (HLP) rights specialist. He has advised UN peace operations, research institutes and NGOs, and is a member of the HLP Group of the UN Global Protection Cluster, and the UNHCR Livelihoods Advisory Board.

Scott Leckie is an international human rights lawyer, academic, author, social entrepreneur, environmentalist, motivational public speaker, global citizen and the world's most widely published author on housing, land and property rights issues.

Table of contents

Excerpt of table of contents:
Foreword; Preface; Acknowledgements
PART I - Commentary
Introduction; Preamble
Section I. Scope and Application
1. Principle 1. Scope and application
Section II. The right to housing and property restitution
2. Principle 2. The right to housing and property restitution
Section III. Overarching principles
3. Principle 3. The right to non-discrimination
4. Principle 4. The right to equality between men and women
5. Principle 5. The right to be protected from displacement
6. Principle 6. The right to privacy and respect for the home
7. Principle 7. The right to peaceful enjoyment of possessions
8. Principle 8. The right to adequate housing
9. Principle 9. The right to freedom of movement
Section IV. The right to voluntary return in safety and dignity
10. Principle 10.
Section V. Legal, policy, procedural and institutional implementation mechanisms
11. Principle 11. Compatibility with international human rights, refugee and humanitarian law and related standards
12. Principle 12. National procedures, institutions and mechanisms
13. Principle 13. Accessibility of restitution claims procedures
14. Principle 14. Adequate consultation and participation in decision-making
15. Principle 15. Housing, land and property records and documentation
16. Principle 16. The rights of tenants and other non-owners
17. Principle 17. Secondary occupants
18. Principle 18. Legislative measures
19. Principle 19. Prohibition of arbitrary and discriminatory laws
20. Principle 20. Enforcement of restitution decisions and judgments
21. Principle 21. Compensation
Section VI. The role of the international community, including international organizations
22. Principle 22. Responsibility of the international community
Section VII. Interpretation
23. Principle 23. Interpretation
Annex: The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (‘The Pinheiro Principles’)
PART II – Travaux Préparatoires
1. A/51/482, Seventh meeting of persons chairing the human rights treaty bodies (1996).
2. Comprehensive examination of thematic issues relating to the elimination of racial discrimination, E/CN.4/Sub.2/1997/31, 27 May 1997E/CN.4/Sub.2/1997/31, CERD (fiftieth session – 1997).
3. Comprehensive examination of thematic issues relating to the elimination of racial discrimination, Letter of CERD Chairperson dated 19 March 1997, E/CN.4/Sub.2/1997/31, 27 May 1997, CERD (fiftieth session – 1997).
4. Racism and racial discrimination, Sub-Commission Resolution 1997/5.
5. Criteria for new studies, Sub-Commission Decision 1997/112.
6. Housing and property restitution in the context of the return of refugees and internally displaced persons, Sub-Commission Resolution 1998/26.
7. Internally displaced persons, Commission Resolution 1999/47.
8. Housing and property restitution in the context of the return of refugees and internally displaced persons, Sub-Commission decision 1999/108.
9. The return of refugees’ or displaced persons’ property, Sub-Commission on Human Rights Decision 2001/122, E/CN.4/Sub.2/2002/17.
10. Sub-Commission on the promotion and protection of human rights, 54th session, Summary record of the 10th meeting, ‘Working Paper’, 6 August 2002, E/CN.4/Sub.2/2002/17.
11. Housing and property restitution in the context of refugees and other displaced persons, 14 August 2002, Sub-Commission on Human Rights resolution 2002/7.
12. Housing and property restitution in the context of refugees and other displaced persons, 16 June 2003, E/CN.4/Sub.2/2003/11, Commission on Human Rights Decision 2003/109.
13. Extrait du compte rend analytique du debat de la Sous-Commission lors de la 14eme séance, 11 novembre 2003, E/CN.4/Sub.2/2003/SR.14.
14. Extract of the Summary Record of the Sub-Commission debate (presentation of the working paper) at its 15th meeting, 8 August 2003, E/CN./Sub.2/2003/SR.15.
15. Housing and property restitution, Sub-Commission resolution 2003/18, 13 August 2003.
16. Housing and property restitution in the context of the return of refugees and internally displaced persons, 2 June 2004, E/CN.4/Sub.2/2004/22.
17. Housing and property restitution in the context of the return of refugees and internally displaced persons, 2 June 2004, Draft commentary on the draft principles, E/CN.4/Sub.2/2004/22/Add.1.
18. Extract of the Summary Record of the Sub-Commission debate (presentation of the working paper) at its 11th meeting, 4 August 2004, E/CN.4/Sub.2/2004/SR.11.
19. Housing and property restitution, Sub-Commission resolution 2004/2, 9 August 2004.
20. Revisions to the draft Principles on housing and property restitution for refugees and displaced persons.
21. Housing and property restitution in the context of the return of refugees and internally displaced persons, Final report of the Special Rapporteur, Paulo Sergio Pinheiro, Principles on housing and property restitution for refugees and displaced persons, 28 June 2005, E/CN.4/Sub.2/2005/17.
22. Housing and property restitution in the context of the return of refugees and internally displaced persons, Final report of the Special Rapporteur, Paulo Sergio Pinheiro, Addendum Explanatory Notes on the Principles on housing and property restitution for refugees and displaced persons, 11 July 2005, E/CN.4/Sub.2/2005/17/Add.1.
23. Extract of the Summary Record of the Sub-Commission debate (presentation of the working paper) at its 10th meeting, 4 August 2005, E/CN.4/Sub.2/2005/SR.10.
24. Sub-Commission resolution 2005/21, Housing and property restitution for refugees and displaced persons, 11 August 2005.
PART III – Annotated Bibliography
1. Books; 2. Articles; 3. Reports of the UN Secretary-General/Procès Verbaux; 4. General Assembly Resolutions; 5. Security Council Resolutions; 6. Documents of the General Assembly and Subsidiary Bodies (UN Human Rights Council, ECOSOC (Commission on Human Rights and Sub-Commission); 7. UN Committee on the Rights of the Child (CRC); 8. UN Committee on the Elimination of Racial Discrimination (CERD); 9. Statements, Declarations, et al.; 10. Council of Europe-Parliamentary Assembly; 11. Judgments/Decisions; 12. Selected Agreements, Legislative Authority and Accessory Jurisprudence.

Readership

Legal practitioners, UN officials, academics and governments working to secure HLP restitution rights for refugees and displaced persons, and any individual, family, household or community with unresolved HLP restitution claims.

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