The right to adequate housing in disaster relief efforts 2011, para. 35
Paragraph- Paragraph text
- The optimal means for determining housing or land claims for the purpose of reconstruction and return will depend on the particular context, in terms of tenure or property arrangements, formality and registration, and resources. As discussed, formal administrative or judicial property restitution mechanisms might not be applicable or appropriate in a number of situations, in particular those characterized by multiple tenure arrangements. The Protocol on the Property Rights of Returning Persons of the International Conference on the Great Lakes Region offers a more comprehensive approach than the Pinheiro Principles in this regard, by providing that both administrative and traditional authorities should address property disputes, thereby acknowledging the importance of traditional and customary systems with regard to land. The Protocol also envisages alternative and informal community-based mechanisms for resolving disputes, using requirements of proof of ownership based upon testimony. In practice, organizations supporting return of refugees or displaced persons have often relied on customary law and traditional conflict resolution mechanisms to solve land disputes. Caution must however be exercised so that women or others particularly vulnerable to discrimination are not excluded or disadvantaged in these processes.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Women
- Year
- 2011
- Paragraph type
- Other
- Reference
- SR Housing, Report to the UNGA (2011), A/66/270, para. 35.
- Paragraph number
- 35
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