Addressing Housing, Land and Property Issues Arising from Post-2003 Displacement and Return Workshop
Joint Workshop by the United States Institute of Peace's Rule of Law program and the World Bank
July 13-15, 2008 | Amman, Jordan
Download the Agenda (PDF: english | arabic)
Introduction
USIP’s Rule of Law program, in conjunction with the World Bank, conducted a workshop in Amman, Jordan on Addressing Housing, Land and Property Issues Arising from Post-2003 Displacement and Return July 13-15, 2008. The purpose was to provide an opportunity for Iraqi governmental and non-governmental officials to develop solutions for managing the array of property issues that arise from post-2003 displacement and to engage with international experts to explore approaches taken by other countries in similar circumstances.
Background
It is estimated that one in five Iraqis is currently displaced from their homes, with a significant portion since 2003. While the displacement itself is a massive humanitarian crisis, the prospect of some five million Iraqis trying to return to their homes -- many of them destroyed or occupied by others -- is a significant challenge. The potential destabilizing effect of massive return was recognized by the CPA in 2003, resulting in the establishment of the Iraq Property Claims Commission and its successor, the Commission on the Resolution of Real Property Claims, to facilitate resolution of claims of Ba'athist era displacements and property violations. Until July 2008, however, no special policy or mechanisms existed with regard to those displaced since 2003.
Workshop
The workshop brought together approximately 26 high-level Iraqi representatives of the Parliament, Council of Ministers, Presidency, Ministries of Migration, Justice and Planning, High Judicial Council, and civil society together with international experts, UNHCR and IOM. Topics of discussion included the legislative framework, institutional dispute resolution mechanisms and the role of community reconciliation. Among the key conclusions reflected in the outcome document adopted by the participants were:
- Recognition that the mass displacement is an extraordinary situation that requires solutions beyond the regular legal framework.
- Recognition that, while secondary occupants were in violation of the law and could be treated under the penal code, it is necessary to treat them according to their circumstances and needs.
- A preference for using the regular court system, rather than creating a new dispute resolution mechanism. Local level solutions should be encouraged, following the example of the Saidiyah Support Council (part of the Prime Minister’s Iraq Follow-up Committee on National Reconciliation).
- Recognition that formal legal solutions alone would not solve the problem. As a practical matter there is a need for additional housing units, which could be provided through land grants and subsidized loans.
- Recognition that there is a need to take stock of the ad hoc compensation schemes and systematize it perhaps through a central fund.
- Legislative changes and judicial orders should be considered with respect to:
- Amending the Property Registration Code to ensure that transfers made under coercion would not be registered, and can be voided if previously registered (suspected fraudulent transfers are already not registered).
- Addressing lessees who were forcibly displaced, but under the Lease Law have no right to repossess the property. Two possibilities of redress were considered: (1) amending the Lease Law so that involuntary breaks in occupancy due to displacement do not end the lease, and (2) social and economic measures to subsidize new leases.
- Accelerating judicial procedures regarding property claims, improving access to the courts and recognizing the role of local level dispute resolution.
Since the workshop, the government of Iraq has put in place a new initiative to facilitate the return of private property to the displaced, a new system of financial assistance and a committee to work through proposals for dealing with squatters in public buildings. At the request of the participants, USIP anticipates a follow-up workshop.
Conference Documents
- Conference Agenda (PDF: english | arabic)
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Outcome Document (PDF: english | arabic)
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Case Scenarios (PDF: english | arabic)
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Analysis by Asghar Al-Musawi, Deputy Prime Minister of Migration (PDF: english | arabic)
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Analysis by Judge Ameer Al-Shimari, Director General of the Legal Department of the Presidency Council (PDF: english | arabic)
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Analysis by Judge Ala’a Jawad Hamid, Legal Advisor to the Council of Ministers (PDF: english | arabic)
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Analysis by Judge Imad Shekarah, Judicial Committee Member of The Commission for Resolution of Real Property Disputes (PDF: english | arabic)
- Secondary Occupants Presentation by Walpurga Englbrecht, Senior Protection Officer, UNHCR Iraq (PDF: english/arabic)
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Assessment of Current Property Presentation by Vandana Patel, Protection Officer, UNHCR Iraq (PDF: english/arabic)
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Presentation by Rhodri Williams, Consultant Brookings-Bern Project on Internal Displacement (PDF: english | arabic)
- Informal Mechanisms and Dispute Resolution Introductory Remarks by Peter Van der Auweraert, Senior Legal Advisor, IOM (PDF: english)
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Alternative Dispute Resolution & Legal Aid Presentation by Hisham Abdo Kahin, Counsel, Justice Reform Practice Group; Legal Vice Presidency, The World Bank (PDF: arabic)
Relevant Legislation
- Civil Law No. 40, 1951 (PDF: english | arabic)
- Criminal Code No. 23, 1971 (PDF: english | arabic)
- CRRPD Statute, 2006 (PDF: english | arabic)
- Decision No. 36, 1994 (PDF: english | arabic)
- Penal Code, 1969 (PDF: english | arabic)
- Appellate Decision (PDF: arabic)
- Decision 12, 2007 (PDF: arabic)
- Decision 73, 2007 (PDF: arabic)
Other Relevant Documents
- National Policy on Displacement (PDF: english | arabic)
- Rhodri Williams, Applying Lessons of Bosnia in Iraq (PDF: english)
- Dan Stigall, Of Principles and Property Law (PDF: english)
- MODM Report 8 (PDF: english)
- IOM's Website
