E/CN.4/Sub.2/2005/17
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13.11 States should ensure that adequate legal aid is provided, if possible free of charge, to
those seeking to make a restitution claim. While legal aid may be provided by either
governmental or non-governmental sources (whether national or international), such legal aid
should meet adequate standards of quality, non-discrimination, fairness and impartiality so as not
to prejudice the restitution claims process.
13.12 States should ensure that no one is persecuted or punished for making a restitution claim.
14. Adequate consultation and participation in decision-making
14.1 States and other involved international and national actors should ensure that voluntary
repatriation and housing, land and property restitution programmes are carried out with adequate
consultation and participation with the affected persons, groups and communities.
14.2 States and other involved international and national actors should, in particular, ensure
that women, indigenous peoples, racial and ethnic minorities, the elderly, the disabled and
children are adequately represented and included in restitution decision-making processes, and
have the appropriate means and information to participate effectively. The needs of vulnerable
individuals including the elderly, single female heads of households, separated and
unaccompanied children, and the disabled should be given particular attention.
15. Housing, land and property records and documentation
15.1 States should establish or re-establish national multipurpose cadastral or other
appropriate systems for the registration of housing, land and property rights as an integral
component of any restitution programme, respecting the rights of refugees and displaced persons
when doing so.
15.2 States should ensure that any judicial, quasi-judicial, administrative or customary
pronouncement regarding the rightful ownership of, or rights to, housing, land and/or property is
accompanied by measures to ensure registration or demarcation of that housing, land and/or
property as is necessary to ensure legal security of tenure. These determinations shall comply
with international human rights, refugee and humanitarian law and related standards, including
the right to be protected from discrimination.
15.3 States should ensure, where appropriate, that registration systems record and/or recognize
the rights of possession of traditional and indigenous communities to collective lands.
15.4 States and other responsible authorities or institutions should ensure that existing
registration systems are not destroyed in times of conflict or post-conflict. Measures to prevent
the destruction of housing, land and property records could include protection in situ or, if
necessary, short-term removal to a safe location or custody. If removed, the records should be
returned as soon as possible after the end of hostilities. States and other responsible authorities
may also consider establishing procedures for copying records (including in digital format),
transferring them securely and recognizing the authenticity of said copies.