A House with Two Rooms - The Advocates for Human Rights

Restitution & Compensation for Property
and provide for their rehabilitation and reintegration into society. 129
Because of the massive displacement of the Liberian population, many individuals were forced to
abandon their land, farms, homes, and other property. The U.N. Principles on Housing and Property
Restitution for Refugees and Displaced Persons (The Pinheiro Principles) provide a guiding framework
for the right to restitution of housing, land, and/or property. Importantly, all refugees and displaced
persons have the right to restitution of “any housing, land and/or property of which they were arbitrarily
or unlawfully deprived.” 130 While the preferred remedy is restitution, refugees and displaced persons
also have the right to be compensated for the loss of such property as adjudicated by an independent
and impartial court. 131 Other international documents, including General Recommendation 22 by
the Committee on the Elimination of Racial Discrimination, the Guiding Principles on Internal
Displacement, and women’s human rights treaties likewise address land rights and provide a guiding
framework. The Advocates recommends the following:
• The Government of Liberia should establish national procedures, institutions, and
mechanisms that are “equitable, timely, independent, transparent and non-discriminatory,” to
address claims for restitution. 132 These procedures should be age- and gender-sensitive, 133 have
adequate resources and support, 134 be directed by guidelines to ensure effectiveness, 135 draw
upon the technical assistance
of appropriate international
organizations as needed, 136
and be included in voluntary
repatriation agreements. 137
Alternative dispute resolution
mechanisms may be used
providing they comply with
international human rights
standards, particularly freedom
from discrimination. 138
• The Government of Liberia
should ensure that restitution
claims procedures are “just,
timely, accessible, free of
charge, [and are] age and
gender sensitive” and without
prerequisites. 141
• The Government of Liberia
should ensure such processes
Potential Implementation Strategy:
Decentralized District Land Boards in Uganda
Uganda’s 1998 Land Act created District Land Boards to
administer land as well as 4,500 local land committees to
support the Boards. 139 According to one scholar, the Act’s
purpose was to develop a land tenure system through
decentralized administration. Uganda’s 1998 Land Act
contained considerable rights for women regarding their
ability to own and control their land. This was particularly
relevant to rural women. Customary laws are null and void if
they prevent women and children from inheriting land. Land
committees are specifically charged with protecting “the
interests of women, children and persons with disabilities.”
To ensure this duty is carried out, women are allotted at
least 25% of the positions on the land committees and
tribunals. Furthermore, in order to transfer land on which
a family lives or farms its own food, both the husband and
wife must provide written consent. 140
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Chapter Fourteen