Going Home:Land &

Total Page:16

File Type:pdf, Size:1020Kb

Going Home:Land & 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 %& ) .
Recommended publications
  • Joint Alternative Report Submitted by The
    Joint Alternative Report submitted by the Centre on Housing Rights and Evictions (COHRE) and Al-Haq to the Human Rights Committee on the occasion of the consideration of the Third Periodic Report of Israel Israel’s violations of the International Covenant on Civil and Political Rights with regard to house demolitions, forced evictions and safe water and sanitation in the Occupied Palestinian Territory and Israel Submitted June 2010 COHRE and Al-Haq are independent non-governmental organisations in UN ECOSOC Special Consultative Status Table of Contents 1. INTRODUCTION...........................................................................................3 2. ISRAEL’S LEGAL OBLIGATIONS IN THE OPT........................................4 3. FORCED EVICTIONS AND HOUSE DEMOLITIONS .............................6 3.1 Punitive House Demolitions..................................................................................6 3.1.1 West Bank ......................................................................................................6 3.1.2 Gaza .............................................................................................................11 3.2 Administrative House Demolitions......................................................................16 3.2.1 West Bank...................................................................................................16 3.2.2 Israel: Mixed Cities.....................................................................................24 3.3. Other Forced Evictions......................................................................................25
    [Show full text]
  • Through No Fault of Their Own: Punitive House Demolitions During
    בצלם-מרכז המידע הישראלי לזכויות האדם בשטחים (ע.ר.) B'TSELEM - The Israeli Information Center for Human Rights in the Occupied Territories Information Sheet November 2004 Through No Fault of Their Own Punitive House Demolitions during the al - Aqsa Intifada Researched and written by Ronen Shnayderman Edited by Yehezkel Lein Data coordination by Suhair ‘Aabdi, Yael Handelsman, Sohad Sakalla Fieldwork by ‘Atef Abu a-Rob, Musa Abu Hashhash, Salma Dab’i, Iyad Haddad, Zaki Kahil, Mazen al-Majdalawi, ‘Abd al-Karim a-S’adi, Suha Zeyd Translated by Zvi Shulman Cover photo: Palestinian boy removes family possessions from the ruins of his home, in Bethlehem, which the IDF blew up on 15 June 2004 (Magnus Johansson, Reuters) ISSN 0792-8114 B ’ TSELEM Information Sheet November 2004 Through No Fault of Their Own Punitive House Demolitions during the al-Aqsa Intifada B’TSELEM - The Israeli Center for Human Rights in the Occupied Territories was founded in 1989 by a group of lawyers, authors, academics, journalists, and Knesset members. B’Tselem documents human rights abuses in the Occupied Territories and brings them to the attention of policymakers and the general public. Its data are based on independent fieldwork and research, official sources, the media, and data from Palestinian and Israeli human rights organizations. How long does it take to demolish a house? It takes a year to build it. Sometimes a hundred years. And there are some houses that have always been there. How long does it take to demolish a house? Less time than is spent thinking about whether it should have been demolished.
    [Show full text]
  • Palestine: Israeli Collective Punishment Against Palestinians Constitutes a War Crime
    United Nations A/HRC/33/NGO/114 General Assembly Distr.: General 9 September 2016 English only Human Rights Council Thirty-third session Agenda item 7 Human rights situation in Palestine and other occupied Arab territories Joint written statement* submitted by the International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD), Arab Organization for Human Rights, Indian Movement "Tupaj Amaru", International- Lawyers.Org, Union of Arab Jurists, non-governmental organizations in special consultative status, International Educational Development, Inc., World Peace Council, non- governmental organizations on the roster The Secretary-General has received the following written statement which is circulated in accordance with Economic and Social Council resolution 1996/31. [01 September 2016] * This written statement is issued, unedited, in the language(s) received from the submitting non- governmental organization(s). GE.16-15675(E) A/HRC/33/NGO/114 Palestine: Israeli Collective Punishment against Palestinians Constitutes a War Crime Introduction: For decades, the occupied Palestinian people have suffered from grave human rights violations due to Israel’s oppressive and unjust practices. Among the unfair acts against the occupied population is the ongoing Israeli policy of collective punishment, through the demolitions of the family houses of those accused or suspected of carrying out attacks against Israelis. This practice results in the total devastation of completely innocent families, who have nothing to do with the alleged attacks. The latest such demolition took place in Hebron, West Bank, on 30th August 2016, raising serious concerns regarding this collective punishment policy against innocent civilians which is a war crime under the provisions of International Law.
    [Show full text]
  • House-Demolition-In-Jerusalem2018.Pdf
    Jjjj The policy of house demolition in the occupied city of Jerusalem ... Where to? Perhaps this is the question we have asked again and again. Perhaps the answer is represented by the persistence of the Israeli authorities to continue its racist policy towards the Palestinians in the city of Jerusalem. The occupation authorities are working with all their strength and arrogance to Judaize the city and to tighten the siege on the Palestinians in their city by demolishing their homes and facilities for feeble pretexts that violate all international norms and laws as article 17 of the Universal Declaration of Human Rights states that "Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.” The Fourth Geneva Convention explicitly prohibits the exposure to private properties, the demolition of houses, the deportation of residents and all arbitrary measures. According to international law, the unlicensed construction argument, which is claimed by the Israeli army, does not constitute sufficient grounds for demolishing houses in the absence of "compelling military reasons" for demolition, which the Israeli occupation army has not mentioned. It should be noted that many of the international covenants signed by Israel, including the International Covenant on Civil and Political Rights, stipulate that the demolition, the deportation and the retention of indigenous homes without shelter is illegal, and violates international human rights treaties and international humanitarian law which applies in the occupied territories. What is even more outrageous is the continued uninterrupted settlement construction in the occupied city.
    [Show full text]
  • Expert Opinion the Lawfulness of Israel's House Demolition Policy
    Disclaimer: The following is a non-binding translation of the original Hebrew document. It is provided by HaMoked: Center for the Defence of the Individual for information purposes only. The original Hebrew prevails in any case of discrepancy. While every effort has been made to ensure its accuracy, HaMoked is not liable for the proper and complete translation nor does it accept any liability for the use of, reliance on, or for any errors or misunderstandings that may derive from the English translation. For queries about the translation please contact [email protected] Expert Opinion The Lawfulness of Israel’s House Demolition Policy under International Law and Israeli Law We the undersigned, Prof. Orna Ben-Naftali (of the School of Law at the College of Management Academics, member of the public council of Yesh Din, one of the petitioners), Prof. Guy Harpaz (of the Faculty of Law, and the Department of International Relations, Hebrew University of Jerusalem), Prof. Yuval Shany (of the Faculty of Law, Hebrew University of Jerusalem) and Prof. Mordechai Kremnitzer (Prof. Emeritus at the Law Faculty at the Hebrew University of Jerusalem, currently of the Israel Democracy Institute and member of the Public Council of B’Tselem, one of the petitioners in this petition), hereby provide our Opinion regarding the lawfulness of Israel’s policy of demolishing/sealing off houses, carried out in the Territories for the purpose of deterrence, in support of the petition by HaMoked: Center for the Defence of the Individual et al. v. IDF Commander in the West Bank, wherein this Opinion is submitted and inasmuch as the matter falls in our area of expertise in international public law and/or criminal law, according to the matter.
    [Show full text]
  • Violations of Human Rights
    FORCED EVICTIONS FORCED Violations of Human Rights 2002 June COHRE The Centre on Housing Rights and Evictions (COHRE) undertakes a wide variety of activities supporting the full realization of housing rights for everyone, everywhere. COHRE actively campaigns against forced evictions wherever they occur or are planned, and views forced evictions—as does the United Nations and international law generally—as a gross violation of a range of human rights, in particular the right to adequate housing. FORCED EVICTIONS This report is the eighth in COHRE’s ‘Global Survey’ series on forced evictions aimed at increasing awareness of the often- unknown scale of this practice. A cross-section of forced evictions carried out between 1998 and 2000 are addressed in this Survey. This report also indicates that well over ten million persons are currently threatened by pending evictions in a wide range of countries. COHRE views it’s Global Survey’s as part of a larger process where forced evictions are increasingly addressed in human rights terms and treated accordingly by grassroots movements, NGOs, researchers, lawyers, policy- makers and legislators. This publication is also designed to provide a succinct historical and public record of one of the most widespread violations of economic, social and cultural rights and as an impetus to halt further abuses before they occur. COHRE continues to be actively involved in the worldwide movement against forced evictions and, when requested, pro- vides legal and advocacy assistance to potential evictees, their communities and their representatives, particularly in the framework of prevention COHRE is continually expanding it’s network with other organizations, movements, groups and individuals working on these issues and hopes to continue to solidify these relationships with the aim of finally eradicat- ing the human rights violations associated with the practice of forced evictions.
    [Show full text]
  • Demolishing Foundations of Peace
    2012 Demolishing Foundations of Peace SPACES FOR CHANGE (S4C) SPACES FOR CHANGE 2 Introduction This report documents the systematic pattern of forced evictions and house demolitions in Nigeria, perpetrated by both city planners and security forces, in the name of “improving national security”. Areas inhabited by the poor are often labeled as hideouts of the dreaded Islamic fundamentalist sect, Jama’atu Ahlis Sunna Lidda’awati wal-Jihad, also known as Boko Haram, and on that basis, are punitively demolished without recourse to due process, inflaming the population of un-housed and inadequately housed persons in Nigeria. Majority of these security-linked demolitions occur in the northern part of the country where the extremist sect has its traditional base. In addition to providing a normative analysis of the scale and consequences of punitive demolitions and the resulting displacement, this report critically examines the effectiveness of using house demolitions as a strategy for deterring terrorism in northern Nigeria. It further looks into the legal and human rights implications of the surge in state-sponsored violation of housing rights and other social and economic rights, including the right to life, property, health, family life, work, education and food. For instance, in Abuja, Nigeria’s capital city where a renewed wave of forced evictions and demolitions have resulted in massive destruction of public/private dwellings and large-scale displacement, there was overwhelming evidence showing that the evictions were executed in utter disregard of the fundamental human rights of the citizens as espoused under the 1999 Constitution of the Federal Republic of Nigeria, the African Charter on Human and Peoples’ Rights and other international human rights instruments to which Nigeria is a party.
    [Show full text]
  • Iraq: Amnesty International Seeks Clarification on House Demolitions by US Troops in Iraq
    AMNESTY INTERNATIONAL PRESS RELEASE Iraq: Amnesty International seeks clarification on house demolitions by US troops in Iraq Amnesty International is seeking clarification from United States Secretary of Defence Donald H. Rumsfeld over the reported demolition of several Iraqi homes by US soldiers in Iraq. "The US government should clarify whether it has officially permitted house demolitions as a form of collective punishment or deterrence," said Amnesty International in a letter sent to the US government on Thursday. "If such proved to be the case, it would constitute a clear violation of international humanitarian law." Amnesty International received reports that on 10 November US soldiers arrived at the farmhouse of the Najim family near the town of al-Mahmudiya, south of Baghdad. The soldiers ordered all the people living the farmhouse to leave within 30 minutes. Later that day, two F-16 warplanes reportedly bombed and destroyed the farmhouse. This was apparently carried out in retaliation for an attack a few days earlier by Iraqi armed groups against a US convoy which resulted in the killing of a US army officer. A day after the attack, US soldiers arrested six men outside the Najim house reportedly after weapons had been found inside a truck parked in front of the house. More weapons and ammunition were said to have been found when the house was searched. Some, or possibly all, of those who had been arrested are thought to be residents of the house. "It seems that the destruction of the Najim family house was carried out as collective punishment and not for 'absolute military necessity'," said Amnesty International.
    [Show full text]
  • Shane Darcy Al-Haq, 2003
    ISRAEL’S PUNITIVE HOUSE DEMOLITION POLICY COLLECTIVE PUNISHMENT IN VIOLATION OF INTERNATIONAL LAW Shane Darcy 1 Al-Haq, 2003 West Bank affiliate of the International Commission of Jurists - Geneva In special consultative Status with ECOSOC of the UN AL-HAQ Al-Haq, West Bank affiliate of the International Commission of Jurists - Geneva, is a Palestinian human rights organization located in Ramallah, West Bank, in special consultative Status with the Economic and Social Council of the United Nations. Al-Haq was established in 1979 with the goal of protecting and promot- ing human rights and respect for the rule of law in the Occupied Palestinian Ter- ritories. The organization is committed to the uniform application of universal principles of human rights regardless of the identity of the perpetrator or victim of abuse. Al-Haq conducts and disseminates legal and human rights research based on international and humanitarian law, as well as on human rights prin- ciples and standards. In addition, the organization, through an extensive data- base, documents and exposes human rights violations. Al-Haq also houses the only library specialized in human rights in the West Bank, and maintains a tradi- tion of providing free legal services to the Palestinian community. By reinforc- ing the rule of law and promoting international human rights standards in the Occupied Palestinian Territories, Al-Haq contributes to the development of a trans- 2 parent and democratic civil society in Palestine. At the same time, al-Haq ex- pects to bring specific abuses to and end by targeting the human rights violations committed by the Israeli and Palestinian authorities.
    [Show full text]
  • House Demolitions and Forced Evictions in Silwan Israel’S Transfer of Palestinians from Jerusalem Al-Haq - 54 Main Street 1St & 2Nd Fl
    AL-HAQ House Demolitions and Forced Evictions in Silwan Israel’s Transfer of Palestinians from Jerusalem Al-Haq - 54 Main Street 1st & 2nd Fl. - Opp. Latin Patriarchate Saint Andrew’s Evangelical Church - (Protestant Hall) ACKNOWLEDGEMENTS P.O.Box: 1413 - Ramallah - West Bank - Palestine Tel: + 970 2 2954646/7/9 Fax: + 970 2 2954903 www.alhaq.org The author would like to thank all the people who contributed to the preparation of this report, whether by sharing their testimonies, time, collaboration, advice or encouragement. Author Antoine Frère The author would particularly like to thank Omran Risheq, Editor Rania Muhareb Asala Abu Khdeir, Dr. Susan Power, Dalia Qumsieh, Anna Legal Review Suha Jarrar Fischer, Anna Khdair, Suha Jarrar, Hamza Dado, and Cover Art Natacha Borgogno Natacha Borgogno for their involvement and their invaluable Graphic Design Hamza Dado contributions to the preparation of this report, as well as Shawan ISBN 978-9950-327-63-4 Jabarin for his serene confidence and support of this work. Publisher Al-Haq - © All Rights Reserved Finally, the author would like to thank Sahar Abbasi, Susan Greene, and the whole team of the Madaa Creative Center in Silwan, for their incredible daily work with Silwan’s children and their tremendous contribution to this report by providing a unique perspective on the daily lives of Silwan’s children. Any quotation of up to 500 words may be used without permission provided that full attribution is given. Longer quotations or entire chapters or sections of this study may not be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature, without the express written permission of Al-Haq.
    [Show full text]
  • 02/12/2019 Fact Sheet DEMOLISHED LIVES: Israel's Policy of Home Demolitions
    Date: 02/12/2019 Fact Sheet DEMOLISHED LIVES: Israel’s policy of home demolitions: Israeli occupation authorities have been carrying out a policy of “quiet transfer/silent expulsion” against Jerusalemites through the use of several widespread policies and tools known as long-term ‘soft’ expulsion. In this regard, Israel has created living, economic and housing conditions that make life in the city almost impossible through the employment of long-term strategic policies such as weakening the economic situation, increasing the burdens of everyday living including the high cost of living on residents, imposing taxes and fines and marginalizing Palestinian neighborhoods in zoning and construction plans, therefore confining them to crowded residential areas. They also prohibit Palestinian construction expansion necessary to meet the requirements of their natural growth, do not grant them construction permits, revoke their residency status, demolish their homes and other measures that give Palestinians in Jerusalem no other option than to quietly leave their city. These ongoing policies aimed at expulsion are tantamount to ethnic cleansing on the basis of the national identity of a particular people.1 One of the most prominent Israeli policies for the Judiazation of Jerusalem and the expulsion of its Palestinian population is the policy of home demolitions, the objective of which is to empty the city of Palestinians in exchange for widespread settlement expansion and major settlement projects. 2 Based 1 Munir Nuseibah, Israel’s Dangerous Transfer Tactic in Jerusalem (Al Shabaka 2016) 2 Israeli occupation authorities target Jerusalem through policies and plans of quiet expulsion and transfer of Jerusalemites in order to Judaize the city.
    [Show full text]
  • Counter-Suicide-Terrorism: Evidence from House Demolitions Author(S): Efraim Benmelech, Claude Berrebi, and Esteban F
    Counter-Suicide-Terrorism: Evidence from House Demolitions Author(s): Efraim Benmelech, Claude Berrebi, and Esteban F. Klor Source: The Journal of Politics, Vol. 77, No. 1 (January 2015), pp. 27-43 Published by: The University of Chicago Press on behalf of the Southern Political Science Association Stable URL: http://www.jstor.org/stable/10.1086/678765 . Accessed: 08/01/2015 19:14 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. The University of Chicago Press and Southern Political Science Association are collaborating with JSTOR to digitize, preserve and extend access to The Journal of Politics. http://www.jstor.org This content downloaded from 129.105.195.250 on Thu, 8 Jan 2015 19:14:06 PM All use subject to JSTOR Terms and Conditions Counter-Suicide-Terrorism: Evidence from House Demolitions Efraim Benmelech, Northwestern University and NBER Claude Berrebi,HebrewUniversity Esteban F. Klor, Hebrew University and CEPR This article examines whether house demolitions are an effective counterterrorism tactic against suicide terrorism. We link original longitudinal microlevel data on houses demolished by the Israeli Defense Forces with data on the universe of suicide attacks against Israeli targets. By exploiting spatial and time variation in house demolitions and suicide at- tacks during the second Palestinian uprising, we show that punitive house demolitions (those targeting Palestinian su- icide terrorists and terror operatives) cause an immediate, significant decrease in the number of suicide attacks.
    [Show full text]