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The courts in the conflict-affected areas should have adequate accommodation and
provided with better resources.
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Where District Courts and Magistrate Courts are combined, they should sit separately so
that property cases are considered by District Courts as a matter of priority.
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The Court of Appeal should have sittings as a circuit court in the Northern and Eastern
Provinces in order to speed up the appeals process.
(4) Establishment of an alternative dispute resolution mechanism
The expense and delay involved in going to court may deter people from returning to their
homes thereby preventing a return to normalcy and contributing to the potential for further
outbreaks of conflict. Even with changes to the law and with a better-resourced judiciary,
many people do not have adequate redress through the courts.
-
-
An alternative dispute resolution body should be established to deal with property claims
in the war-affected regions.
-
The body should be presided over by at least two legally-qualified
professionals and should employ qualified officers to record claims and
report to the body.
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The body should have the authority to resolve all property disputes
irrespective of the value of the claim.
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The body should have the authority to issue interim orders for relief, and to
recommend alternative accommodation, land or compensation.
In the case of particularly sensitive disputes, which are likely to disrupt the peace, where
the court may have no practical authority and where enforcement of court judgments is
difficult, it may be desirable for the dispute to be determined by a committee with an
international membership that satisfies the parties' requirement for unquestionable
impartiality.
Finally, Stage 1 found that a large number of IDPs had no property interests to protect in the
courts. The problem of landlessness, a major issue for the return to normalcy in the conflictaffected regions, falls outside the boundaries of this report.
UN Guiding Principles On Internal Displacement
Principle 21
1.
No one shall be arbitrarily deprived of property and possession.
2.
The property and possessions of internally displaced persons shall in all circumstances
by protected, in particular, against the following acts:
(a)
Pillage;
(b)
Direct or indiscriminate attacks or other acts of violence;
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