E/CN.4/Sub.2/2005/17
page 3
experienced during the implementation of restitution programmes. As such, the Principles
incorporate a forward-looking and holistic approach to housing, land and property restitution
under international law. This approach is at the same time rooted in the lessons learned by
experts in the field, and the “best practices” which have emerged in previous post-conflict
situations wherein restitution has been seen as a key component of restorative justice. As such,
the Principles incorporate some of the most useful provisions from various pre-existing national
restitution policies and programmes, including those developed for Bosnia and Herzegovina,
Burundi, Cambodia, Cyprus, Guatemala, Kosovo, South Africa and Rwanda.
7.
Without doubt, this rigorous review process has improved the quality, depth and
relevance of the Draft Principles. This final report submitted by the Special Rapporteur reflects
the results of this intensive consultation process and presents the Principles on Housing and
Property Restitution for Refugees and Displaced Persons in their final version. The addendum to
this report presents explanatory notes on the Principles. The explanatory notes identify the
provisions of international human rights, refugee and humanitarian law and related standards
which serve as the very foundation on which the Principles themselves are built.
8.
It must be noted that the Principles continue to reflect widely accepted principles of
international human rights, refugee and humanitarian law and related standards, including those
enshrined in the Universal Declaration of Human Rights; the International Covenant on
Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights;
the Convention on the Elimination of All Forms of Discrimination against Women; the
International Convention on the Elimination of All Forms of Racial Discrimination; the
Convention on the Rights of the Child; the 1951 Convention relating to the Status of Refugees;
the Geneva Convention relative to the Protection of Civilian Persons in Time of War and the
Second Protocol Additional to the Geneva Conventions relating to the Protection of Victims of
Non-International Armed Conflicts. The Principles also reflect other relevant international
human rights and related standards, in particular, the Guiding Principles on Internal
Displacement, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Violations of International Human Rights and Humanitarian Law,2 and relevant
UNHCR Executive Committee Conclusions.
9.
At a later stage, it will be possible, and extremely worthwhile, to elaborate a more
expansive and comprehensive commentary on the Principles which would encompass all of the
relevant international law, as well as other applicable standards, which may be helpful in the
interpretation of these Principles. The elaboration of such an exhaustive text is, however,
beyond the current scope of this study. Rather, the development of a comprehensive
commentary can, and should, be considered a project for future development. Certainly, this
approach has been utilized in previous cases where human rights standards have been articulated
and adopted by human rights bodies such as the Sub-Commission. It is hoped that the creation
of a comprehensive commentary will be one of the many ways in which the Principles on
housing and property restitution for refugees and displaced persons will continue to live on.