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Protecting the Property Rights of Refugees and Internally Displaced
Persons: Beyond Restitution pursues a rigorous examination of the
various ways in which the protection of housing and property rights
can contribute to durable solutions to displacement. The focus of
most of the international community's recent protection efforts has
been on returning displaced persons to their homes following armed
conflict. However, this focus on return has come at the expense of
considering other possible durable solutions, particularly in cases
of protracted displacement. In this book, Anneke Smit chronicles
the failure of the international community's attempts to promote
widespread return through establishing housing and property
restitution mechanisms. Drawing on a variety of displacement
situations, and referring throughout to international human rights
and refugee law, property law and theory, and sociological and
anthropological literature on displacement and the meaning of
home', she argues that a housing and property policy which supports
integration in the communities where refugees and internally
displaced persons find themselves after conflict is likely to
represent a more effective and sustainable approach than a singular
focus on return. Protecting the Property Rights of Refugees and
Internally Displaced Persons is based on extensive academic
research, including fieldwork, as well as more than a decade of the
author's practical experience working on displacement issues with
government, international organisation and NGO actors. It will be
of considerable interest to those with academic and policy
interests in the rights of refugees and displaced persons.
The Property Rights of Refugees and Internally Displaced Persons:
Beyond Restitution explores how the protection of housing and
property rights can contribute to durable solutions to
displacement. The focus of most of the international community's
recent protection efforts has been on returning displaced persons
to their homes following armed conflict. This prioritization has
been entrenched further by the 2005 United Nations Principles on
Housing and Property Restitution for Refugees and Displaced Persons
(the "Pinheiro Principles"). Yet as Anneke Smit chronicles in this
book, the international community's attempts to promote widespread
return through establishing housing and property restitution
mechanisms have largely failed. Further, this focus on return and
restitution of property has come at the expense of supporting
effectively local integration and resettlement as possible durable
solutions. This book argues that, particularly in cases of
protracted displacement, a range of accepted approaches to the
protection of housing and property rights would be preferable. In
addition to more than a dozen case studies, the discussion draws
throughout on international human rights and refugee law, property
law and theory, and sociological and anthropological literature on
displacement and the meaning of 'home'. The Property Rights of
Refugees and Internally Displaced Personsis based on more than a
decade of the author's extensive academic research and practical
experience on displacement issues. It will be of considerable
interest to those with academic and policy interests in the rights
of refugees and displaced persons, and theories of property.
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