Going Home:Land &
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7 FORCED April 2000 MIGRATION published by review the Refugee Studies Centre in association with the Norwegian Refugee Council/Global IDP Project Going home: land & property issues • rights, rehabilitation and restitution in Lebanon, • forced relocation in Uganda, Rwanda and Burundi Kosovo, Bosnia, Guatemala and Colombia plus: • migration strategies in Ghana and Sri Lanka • the disputed return of Bhutanese refugees • conferences • updates • publications • news from the editors from the editors !" cott Leckie, director # $ %& &'!( of the Geneva-based ) Centre on Housing S Corinne Owen Rights and Evictions, joins *$# + us as Guest Editor for our feature section on land and property rights of displaced , - % ) , people. In his introduction (page 4), he stresses: “Few procedures are more com- plex, subject to controversy Forced Migration review . / * and difficult to implement 01 $ # #21 34 "5 than ensuring that those )6 788 9:;1<=> 0<:?:: who have a right to return to their original homes are actually allowed to do so.” The eight @ 6 788 9:;1<=> 0?:?01 articles that follow illustrate this point from around the world and draw out recommen- 6 AB dations for building awareness and encouraging better practice in the future. Global IDP Project ,D% >E If you would like to respond to any of the points raised – or indeed to raise new points – *D10:E $ / please consider writing for the Debate section of the following issue. Deadline for Debate )6 781 00 ?<< <:<> submissions: 12 June. Email us at [email protected] or write to us at the address opposite. @ 6 781 00 ?<< <:<= 6 A Forced Migration Review issue 8, due out early September, will include a feature section on Accountability and Evaluation, including articles on the accountability of research (and researchers), the responsibility of NGOs towards the communities in which they !1>!"G0= !0>!"G83 work, corporate responsibility for displacement, and the changing role and potential of @ 6 evaluation. If you would like to contribute, please contact the Editors as soon as possi- ! !%& ble. Deadline for article submissions: 1 June. 8> Have you or has your agency worked on these or related themes? Would you be willing to share your insights? We all want to avoid having to ‘reinvent the wheel’ with each new , D emergency. If you have any internal reports, discussion/policy papers or guidelines that & you think could be of use to others around the world, please let us know. 9 ; Our December issue will include a feature section on Gender issues. If you are interested , in writing for it, or have suggestions for contributors, please contact us as soon as possible. ( We would like to thank the Brookings Institution Project on Internal Displacement for their generosity in distributing free copies of Exodus within Borders to all our readers in March. We have received many letters and emails of thanks in response. If any other agencies are interested in disseminating appropriate publications (or fliers) in this way, 0:::6 - please contact the Editors. % 0:::6 $ Do visit our website at www.fmreview.org We have just launched a new feature called @, News, Events and Resources, for publicizing useful information that the hard copy FMR is $ %& not able to include. We welcome your announcements (up to 250 words) and also your &' ! suggestions for our greatly expanded Links section. #2@, With our best wishes. ( 18=:DE<1E Marion Couldrey & Tim Morris Editors : Mitrovica, Kosovo. UNHCR/R LeMoyne 2 FORCED MIGRATION review 7 contentscontents Introduction: land and property issues 4 At the heart of the return process: solving property issues in 5 Bosnia and Herzegovina by Catherine Phuong The rehabilitation of homes and return of minorities to 8 Republika Srpska, Bosnia and Herzegovina by Guy Hovey Resolving Kosovo’s housing crisis 12 by Scott Leckie Unfinished business: the IDP land question in Guatemala 16 by Cecilia Bailliet Bhutanese refugees: rights to nationality, return and property 20 by Ratan Gazmere and Dilip Bishwo Women’s rights to land, property and housing 23 by Leilani Farha Forced relocation in Uganda, Rwanda and Burundi: emerging policy 27 by Jon Bennett Resolving the issue of war displacement in Lebanon 31 by Georges Assaf and Rana El-Fil People abroad and people at home in societies under strain 33 by Nicholas Van Hear Regular features Update 37 Global IDP Project 40 Conferences 42 Refugee Studies Centre 44 Publications 46 FORCED MIGRATION review 7 3 Going home: land & property issuesfeature Introduction by Scott Leckie, Guest Editor Issues around restitution of housing and property D + to refugees and the internally displaced wishing to return to their original homes have attracted B $ increasing attention in recent years. %& D / D ) ) D D / + ( N D D ' D J D 1EE< D R/S D + 5 $ & $ ) /D ' D D D D " + ' / %& + * B 4 ) ' $%& &' $ 4 D %& %& ) "( D D & % D D & , D & 9 & ; D 1EE<!0= + * & %& R % 9*&%; 5 %& D 4 ! S D % + $ @ @ D ' D ) D D D & + */D D % D % , R ' D S 5 4 FORCED MIGRATION review 7 Going home: land & property issuesfeature At the heart of the return process: solving property issues in Bosnia and Herzegovina by Catherine Phuong ) The Dayton Peace Agreement, signed in D November 1995, explicitly put property issues at 4 the heart of the return process and the overall D peace framework for Bosnia and Herzegovina. 1EE0 1EE> D & %& + + O D */ S 88 "(* # J #* 9# * + */ ; L ) & ? % & & 9%&; * ) ' P & ) & ) & 1EE= 1EEE 1?>::: %& ) D + */ 1EE1 / 0 & Q1 @ D D & @ R D The Commission on Real Property S 9 %& Claims of Refugees and Displaced ; D Persons (CRPC) B ) & >:::: D %& D ) & 2 ? %&6 P D & D + D */ D ) & D ' %& 1 1EE0 D ' D + */ ' D Q ) & 8 %& D ) & / 6 , & 1EE0 1EE=3 % & 9 & ; ) & * ' & FORCED MIGRATION review 7 5 Going home: land & property issuesfeature / 4 D @ & * 9 "( @ D O D %&; B * D ) # 1EEE 4 D & % @ D %& ) .