E/CN.4/Sub.2/2005/17
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15.5 States and other responsible authorities or institutions should provide, at the request of a
claimant or his or her proxy, copies of any documentary evidence in their possession required to
make and/or support a restitution claim. Such documentary evidence should be provided free of
charge, or for a minimal fee.
15.6 States and other responsible authorities or institutions conducting the registration of
refugees or displaced persons should endeavour to collect information relevant to facilitating the
restitution process, for example by including in the registration form questions regarding the
location and status of the individual refugee’s or displaced person’s former home, land, property
or place of habitual residence. Such information should be sought whenever information is
gathered from refugees and displaced persons, including at the time of flight.
15.7 States may, in situations of mass displacement where little documentary evidence exists
as to ownership or rights of possession, adopt the conclusive presumption that persons fleeing
their homes during a given period marked by violence or disaster have done so for reasons
related to violence or disaster and are therefore entitled to housing, land and property restitution.
In such cases, administrative and judicial authorities may independently establish the facts
related to undocumented restitution claims.
15.8 States shall not recognize as valid any housing, land and/or property transaction,
including any transfer that was made under duress, or which was otherwise coerced or forced,
either directly or indirectly, or which was carried out contrary to international human rights
standards.
16. The rights of tenants and other non-owners
16.1 States should ensure that the rights of tenants, social-occupancy rights holders and other
legitimate occupants or users of housing, land and property are recognized within restitution
programmes. To the maximum extent possible, States should ensure that such persons are able
to return to and repossess and use their housing, land and property in a similar manner to those
possessing formal ownership rights.
17. Secondary occupants
17.1 States should ensure that secondary occupants are protected against arbitrary or unlawful
forced eviction. States shall ensure, in cases where evictions of such occupants are deemed
justifiable and unavoidable for the purposes of housing, land and property restitution, that
evictions are carried out in a manner that is compatible with international human rights law and
standards, such that secondary occupants are afforded safeguards of due process, including an
opportunity for genuine consultation, adequate and reasonable notice, and the provision of legal
remedies, including opportunities for legal redress.
17.2 States should ensure that the safeguards of due process extended to secondary occupants
do not prejudice the rights of legitimate owners, tenants and other rights holders to repossess the
housing, land and property in question in a just and timely manner.