E/CN.4/Sub.2/2005/17
page 5
Annex
PRINCIPLES ON HOUSING AND PROPERTY RESTITUTION FOR
REFUGEES AND DISPLACED PERSONS
Preamble
Recognizing that millions of refugees and displaced persons worldwide continue to live
in precarious and uncertain situations, and that all refugees and displaced persons have a right to
voluntary return, in safety and dignity, to their original or former habitual homes and lands,
Underscoring that voluntary return in safety and dignity must be based on a free,
informed, individual choice and that refugees and displaced persons should be provided with
complete, objective, up-to-date and accurate information, including on physical, material and
legal safety issues in countries or places of origin,
Reaffirming the rights of refugee and displaced women and girls, and recognizing the
need to undertake positive measures to ensure that their rights to housing, land and property
restitution are guaranteed,
Welcoming the many national and international institutions that have been established in
recent years to ensure the restitution rights of refugees and displaced persons, as well as the
many national and international laws, standards, policy statements, agreements and guidelines
that have recognized and reaffirmed the right to housing, land and property restitution,
Convinced that the right to housing, land and property restitution is essential to the
resolution of conflict and to post-conflict peace-building, safe and sustainable return and the
establishment of the rule of law, and that careful monitoring of restitution programmes, on the
part of international organizations and affected States, is indispensable to ensuring their effective
implementation,
Convinced also that the implementation of successful housing, land and property
restitution programmes, as a key element of restorative justice, contributes to effectively
deterring future situations of displacement and building sustainable peace.
SECTION I. SCOPE AND APPLICATION
1. Scope and Application
1.1
The Principles on housing and property restitution for refugees and displaced persons
articulated herein are designed to assist all relevant actors, national and international, in
addressing the legal and technical issues surrounding housing, land and property restitution in
situations where displacement has led to persons being arbitrarily or unlawfully deprived of their
former homes, lands, properties or places of habitual residence.