A Digital Advance for Housing, Land and Property Restitution in War-Affected States: Leveraging Smart Migration

Unruh, Jon D.; Frank, Emily; Pritchard, Matthew

doi:10.5334/sta.562

Cited by 4 publications

(2 citation statements)

References 20 publications

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“…The former due to the excessively long wait time (decades) for this untangling to take place, and the latter due to the grievances of large numbers of claimants at being excluded from the process. Experience from other countries has shown the emergence of these difficulties to be a very serious concern (e.g., Fischbach, 2006; Haersolte‐van, 2006; Unruh et al, 2017; Zimmerman, 2015). This article describes some of the more problematic categories of the tangle in an attempt to highlight the difficulty of applying the ‘case‐by‐case/narrow evidence rules’ strategy as currently proposed; and strongly urges that the claims process be aligned with international best practice using a ‘mass claims/transitional justice’ approach able to supersede this tangle.…”

Section: Introductionmentioning

confidence: 99%

Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

Unruh

2023

Peace & Change

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The severity of the population dislocation and destruction of housing, land and property (HLP) in the Ukraine war has driven efforts for starting reconstruction planning prior to the war's end. This comes with the realization that recovery will entail considerable preparation, including efforts at using seized Russian assets to finance it. Engaging in HLP restitution and compensation will be a primary recovery challenge, with the Ukrainian government moving forward with legislation for facilitating this. However, the government's current approach to processing what will be millions of HLP claims for restitution and compensation faces a daunting challenge. Housing, land and property rights prior to the war comprised a dense tangle of confusion, corruption, and inadequate documentation; such that attempting to untangle each claim on a case‐by‐case basis as currently planned is highly problematic and risks instability. This article describes this tangle as five categories of problems: (1) the post‐Soviet transition, (2) rule of law problems, (3) administrative tangles, (4) corruption, and (5) war‐related issues. The article then recommends that the government and international community pursue a ‘mass claims and transitional justice’ approach to large‐scale HLP restitution which is aligned with international best practice and able to supersede the tenurial tangle.

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Section: Introductionmentioning

confidence: 99%

Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

Unruh

2023

Peace & Change

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“…Secondary occupants may be living in their childhood home or working their land. These ground-level realities routinely result in the emergence of new forms of grievance that potentially threaten peace that is already fragile and uncertain (Bradley 2013;Unruh, Frank, and Pritchard 2017). With sometimes tragic outcomes, the worst being a relapse in conflict and violence, refugees and other displaced persons bear the burden of being characterised as 'spoilers' to peace (Loescher et al 2007;Milner 2008;Perera 2013).…”

Section: Introductionmentioning

confidence: 99%

From Exile to Homeland Return: Ethnographic Mapping to Inform Peacebuilding from Afar

Parent

2020

Stability: International Journal of Security and Development

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When violent conflict flares up, forced migration often follows. Ethnographic data shows that forced migrants remain attached to their places of origin and often express a desire to return once conflict has abated, be it after weeks, months, or years. Conversely, peacebuilders in the homeland have not effectively integrated displaced persons within their strategic programming. This is cause for concern considering the literature connecting the collapse of fragile peace to 'refugee spoilers.' There is a critical gap in peacebuilders' commitment to understanding refugees' needs and claims, and the implications these pose on peace stability following repatriation. This article argues that ethnography of refugees still living in exile can generate rich datasets useful to the development of peacebuilding programming. More than this, it proposes a methodology-ethnographic mapping-that can collect both spatial (maps) and narrative (descriptions) information in tandem and across cultural groups living in refugee camps.

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Designing recordkeeping systems for transitional justice and peace: ‘on the ground’ experiences and practices relating to organizations supporting conflict-affected peoples

Lemieux,

Gallant,

Pourmalek

et al. 2024

Arch Sci

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A Digital Advance for Housing, Land and Property Restitution in War-Affected States: Leveraging Smart Migration

Cited by 4 publications

References 20 publications

Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

Ukraine's tenurial tangle: Housing, land and property restitution in the Russian war

From Exile to Homeland Return: Ethnographic Mapping to Inform Peacebuilding from Afar

Designing recordkeeping systems for transitional justice and peace: ‘on the ground’ experiences and practices relating to organizations supporting conflict-affected peoples

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