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The UN's Penheiro principle

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The UN's Penheiro principle

Postby Oceanside50 » Sat May 30, 2015 2:14 pm

"...The issue of housing and property restitution for refugees and displaced persons has received considerable worldwide attention during the past decades, because of the increasing number of refugees and displaced persons worldwide, estimated today at around 50 million. The right to housing, land and property restitution has been increasingly recognised as a fundamental element of the right to return for both refugees and displaced persons.

The property issue is one of the core issues in the Cyprus negotiations. In seeking to find solutions to this very crucial problem the Greek Cypriot side has based its positions on solid legal ground, deriving from the United Nations resolutions, the human rights Conventions, the case law of the ECHR, the Law of the EU Treaties and the Pinheiro Principles, which provide powerful tools and guarantees for the promotion of a fair and just settlement of this critical issue, for the benefit of both communities..."


"...The leading and cardinal principle governing the Pinheiro Principles stipulates that: “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.”

Stressing at the same time that the right to restitution should be prioritised “as the preferred remedy for displacement and as a key element of restorative justice”..."





http://in-cyprus.com/return-and-propert ... onundrums/
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Re: The UN's Penheiro principle

Postby Jerry » Sat May 30, 2015 4:07 pm

Oceanside50 wrote:"...The issue of housing and property restitution for refugees and displaced persons has received considerable worldwide attention during the past decades, because of the increasing number of refugees and displaced persons worldwide, estimated today at around 50 million. The right to housing, land and property restitution has been increasingly recognised as a fundamental element of the right to return for both refugees and displaced persons.

The property issue is one of the core issues in the Cyprus negotiations. In seeking to find solutions to this very crucial problem the Greek Cypriot side has based its positions on solid legal ground, deriving from the United Nations resolutions, the human rights Conventions, the case law of the ECHR, the Law of the EU Treaties and the Pinheiro Principles, which provide powerful tools and guarantees for the promotion of a fair and just settlement of this critical issue, for the benefit of both communities..."


"...The leading and cardinal principle governing the Pinheiro Principles stipulates that: “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.”

Stressing at the same time that the right to restitution should be prioritised “as the preferred remedy for displacement and as a key element of restorative justice”..."





http://in-cyprus.com/return-and-propert ... onundrums/


What a shame Annan failed to employ these principles before he drew up his plan. It clearly shows that the ECHR's decision to accept the Immovable Property Commission as a fair arbiter was wrong since that body very rarely offers restitution as a remedy. In fact judging by the measly sums IPC offer's as compensation the ECHR endorsed a thieves charter.
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Re: The UN's Penheiro principle

Postby repulsewarrior » Sat May 30, 2015 7:28 pm

...interesting Ocean, thanks.

It is a Court for immediate remedy, so in that sense it is fair, it provides a remedy for those who chose closure, now.

...and i might add, there was no stampede to this court, which implies that the people affected choose to wait, for Justice instead, because it is hard to believe that most of them do not care either way.
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