IHL and refugee law and related standards.”47 On the right to housing and
property restitution, Section II of the Restitution Principles states:
•
•
All refugees and displaced persons have the right to have restored to
them any housing, land and/or property of which they were arbitrarily
or unlawfully deprived, or to be compensated for any housing, land
and/or property that is factually impossible to restore as determined
by an independent, impartial tribunal.
States shall demonstrably prioritize the right to restitution as
the preferred remedy for displacement and as a key element of
restorative justice. The right to restitution exists as a distinct right,
and is prejudiced neither by the actual return nor non-return of
refugees and displaced persons entitled to housing, land and property
restitution. 48
Accordingly, property confiscation is deeply connected to international
refugee law, for in some cases, it constitutes a violation of the right to
reparations (return, property restitution and compensation).
The Commission on Human Rights has also stated that violating the
property rights of displaced persons “undermine the principle of the right
to return.”49
The UN Sub-Commission further asserted “that the adoption or
application of laws by States which are designed to or result in the loss
or removal of tenancy, use, ownership or other rights connected with
housing or property, the active retraction of the right to reside within
a particular place, or laws of abandonment employed against refugees
or internally displaced persons pose serious impediments to the return
and reintegration of refugees and internally displaced persons and to
reconstruction and reconciliation.”50
47 UN Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human
Rights, Principles on housing and property restitution for refugees and displaced persons, E/CN.4/
Sub.2/2005/17, 28 June 2005, available at: http://www.unhcr.org/protection/idps/50f94d849/
principles-housing-property-restitution-refugees-displaced-persons-pinheiro.html [accessed 18
September 2017].
48 Ibid.
49 UN Commission on Human Rights, Res. 1996/71.
50 UN Sub-Commission on the Promotion and Protection of Human Rights, Resolution 1998/26 on
Housing and Property Restitution in the Context of the Return of Refugees and Internally Displaced
Persons , 1998/26, 26 August 1998, available at: http://www.refworld.org/docid/3dda64517.
html [accessed 25 August 2017].
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