E/CN.4/Sub.2/2005/17
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13.2 States should ensure that all aspects of the restitution claims process, including appeals
procedures, are just, timely, accessible, free of charge, and are age and gender sensitive. States
should adopt positive measures to ensure that women are able to participate on a fully equal
basis in this process.
13.3 States should ensure that separated and unaccompanied children are able to participate
and are fully represented in the restitution claims process, and that any decision in relation to the
restitution claim of separated and unaccompanied children is in compliance with the overarching
principle of the “best interests of the child”.
13.4 States should ensure that the restitution claims process is accessible for refugees and
other displaced persons regardless of their place of residence during the period of displacement,
including in countries of origin, countries of asylum or countries to which they have fled. States
should ensure that all affected persons are made aware of the restitution claims process, and that
information about this process is made readily available, including in countries of origin,
countries of asylum or countries to which they have fled.
13.5 States should seek to establish restitution claims-processing centres and offices
throughout affected areas where potential claimants currently reside. In order to facilitate the
greatest access to those affected, it should be possible to submit restitution claims by post or by
proxy, as well as in person. States should also consider establishing mobile units in order to
ensure accessibility to all potential claimants.
13.6 States should ensure that users of housing, land and/or property, including tenants, have
the right to participate in the restitution claims process, including through the filing of collective
restitution claims.
13.7 States should develop restitution claims forms that are simple and easy to understand and
use and make them available in the main language or languages of the groups affected.
Competent assistance should be made available to help persons complete and file any necessary
restitution claims forms, and such assistance should be provided in a manner that is age and
gender sensitive.
13.8 Where restitution claims forms cannot be sufficiently simplified owing to the
complexities inherent in the claims process, States should engage qualified persons to interview
potential claimants in confidence, and in a manner that is age and gender sensitive, in order to
solicit the necessary information and complete the restitution claims forms on their behalf.
13.9 States should establish a clear time period for filing restitution claims. This information
should be widely disseminated and should be sufficiently long to ensure that all those affected
have an adequate opportunity to file a restitution claim, bearing in mind the number of potential
claimants, potential difficulties of collecting information and access, the extent of displacement,
the accessibility of the process for potentially disadvantaged groups and vulnerable individuals,
and the political situation in the country or region of origin.
13.10 States should ensure that persons needing special assistance, including illiterate and
disabled persons, are provided with such assistance in order to ensure that they are not denied
access to the restitution claims process.