Refugee Compensation:
Selected Cases and
Source Materials

Maren Zerriffi
McGill University
Palestinian Refugee Research Net
Inter-University Consortium for Arab Studies
Montréal, Canada

Prepared for the International Development Research Centre
July 1999

Notes

  1. There are two exceptions to this general statement: the United Nations Claims Commission and the United States-Iran Claims Tribunal. Both of these cases include claims based upon both refugee generation/expulsion and expropriation.
  2. Also, post-WWII deportations of Germans are not discussed extensively herein as there were generally no provisions for compensation although it had been originally proposed.
  3. G. Alimov "Refugee Will Get Compensation," Russian Press Digest 6/20/1990
  4. http://www/crpc.org.ba/english/java/info/general/crpcinfo.htm
  5. Commission For Real Property Claims Of Displaced Persons And Refugees, Book Of Regulations On The Conditions And Decision Making Procedure For Claims For Return Of Real Property Of Displaced Persons And Refugees, Sarajevo, 4 March 1999 http://www.crpc.org.ba/english/text/info/general/crpcrules.htm
  6. CRPC, "Mid-Year Report and Appeal to Donors," May 1998
  7. ibid
  8. ibid
  9. ibid. Achievement of the higher number in the range was made contingent on the availability of funds.
  10. Human Rights Coordination Centre "HRCC Human Rights Monthly Report," April 1999 Section 26. http://www.ohr.int/hr-report/hr9904.htm
  11. Human Rights Coordination Centre "HRCC Human Rights Monthly Report," May 1999 Section 26. http://www.ohr.int/hr-report/hr9905.htm
  12. Joseph B. Schechtman, The Refugee in the World: Displacement and Integration (NY: AS Barnes and Company, 1963): 155-6
  13. Joseph B. Schechtman, European Population Transfers 1939-1945 (NY: Oxford University Press, 1946): 407-8
  14. Schechtman, Refugee in the World, 156 .
  15. This figure is based upon the conversion rate provided in European Population Transfers 1939-1945, 408. Schechtman gives the pre-war exchange rate of 100 million lei for $1.01 million.
  16. Schechtman, European Population Transfers 1939-1945, 412
  17. This date is taken from Oleg Velichko, "Over 100,000 Refugees Return to Chechen Republic" Itar-Tass 9/23/95
  18. "Russian official describes federal compensation payments to Chechen refugees," BBC Summary of World Broadcasts 5/5/98
  19. Lilia Kuzetsova, "Compensations for Housing to be Paid to Refugees," Itar-Tass 4/9/1997
  20. "Russian Deputy Finance Minister Outlines Compensation Plan for Chechen Refugees," BBC Summary of World Broadcasts 2/17/1997
  21. "Refugees for Chechnya Suffer Privations, Neglect in Russia," Current Digest of the Soviet Press 3/19/1997
  22. "Refugees for Chechnya Suffer Privations, Neglect in Russia," Current Digest of the Soviet Press 3/19/1997
  23. Natalia Panshina "Compensation of Chechen Conflict Victims Discussed," Itar-Tass 6/10/97
  24. Eyal Benvenisti and Eyal Zamir, "Private Claims to Property Losses in the Future Israeli-Palestinian Settlement," in American Journal of International Law 89.2 (April 1995):324
  25. Press and Information Office, Republic of Cyprus, "4. The non-existent ‘population exchange agreement’ allegedly legitimizing the Turkish Cypriot regime’s action concerning property" Greek Cypriot Properties in the Occupied Area: The Turkish Cypriot Policy (Nicosia: Press and Information Office, Republic of Cyprus, 1992). The "Note on ‘the Exchange of Populations Agreement of 2 August 1975" (in N.M. Ertekun, The Cyprus Dispute and the Birth of the Turkish Republic (Northern Cyprus: K. Rustem and Brother, 1981):266-272) indicates that the "agreement" referred to is five paragraphs (each a sentence long) of the "final communiqué of the first five rounds of the Inter-communal talks" (N.M. Ertekun, The Cyprus Dispute, 256-7). A review of the "agreement" indicates that there were provisions for both "allowing" for people to "proceed" north or south "with their belongings" and agreeing that those who wish to stay are "free" to do so. There is no provision for property beyond the vague reference to "belongings." As indicated by the discussion of population transfers in this summary of cases, this "agreement" is quite atypical of population transfer agreements in terms of length, formality, and specificity.
  26. As quoted in Louis J Klarevas, "Turkey’s Right-v.-Might Dilemma in Cyprus: Reviewing the Implications of Loizidou v. Turkey" Mediterranean Quarterly 10.2. (Spring 1999): 91
  27. As quoted in ibid: 100
  28. As quoted in ibid: 101
  29. Joseph B. Schechtman, Post-War Population Transfers in Europe: 1945-1955 (Liverpool, Charles Birchall and Sons, 1962): 85
  30. Schechtman, Post-War Population Transfers in Europe, 89-92
  31. Schechtman, Post-War Population Transfers in Europe, 135
  32. Schechtman, Post-War Population Transfers in Europe. 135-6
  33. Schechtman, Post-War Population Transfers in Europe, 135-6
  34. Schechtman, Post-War Population Transfers in Europe, 44
  35. Schechtman, Post-War Population Transfers in Europe, 45
  36. Schechtman, Post-War Population Transfers in Europe, 47
  37. Stephen P. Ladas, The Exchange of Minorities: Bulgaria, Greece, and Turkey (NY, Macmillan, 1932): 76
  38. Only those potentially relevant to the Palestinian case are reviewed herein.
  39. Ladas, 80
  40. Ladas, 85
  41. Ladas, 86
  42. Dimitri Pentzopoulos, The Balkan Exchange of Minorities and its Impact upon Greece. (Paris: Mouton & Co., 1962): 60 based on Ladas, 122-123
  43. Harry J. Psomiades, The Eastern Question: The Last Phase: A Study in Greek-Turkish Diplomacy (Institute for Balkan Studies, 1968): 64 argues that the voluntary nature of the agreement was "ignored" by the governments who employed a variety of means to push out the minorities.
  44. Pentzopoulos, 60-1
  45. Ladas, 326
  46. Ladas, 129-30. Interestingly, there is also some discussion of the fact that this restoration may have applied to those who did not emigrate but were members of the minority in question.
  47. Although this provision appears to have been limited. Ladas, 133-4
  48. Ladas, 140-1
  49. Ladas, 152
  50. Ladas, 193
  51. Ladas, 201
  52. Ladas, 210-211
  53. For a discussion see Ladas, 216-447
  54. Ladas. 276, 277, 292
  55. Ladas, 294
  56. The interest rate was apparently applied form the date of loss of possession until the calculation of the amount of liquidation. Ladas, 274
  57. Ladas, 292
  58. Ladas, 322
  59. Ladas, 324
  60. Ladas, 323
  61. Ladas, 322
  62. Pentzopoulos, 56
  63. John A. Petropulos, "The Compulsory Exchange of Populations: Greek-Turkish Peacemaking, 1922-1930" in Byzantine and Modern Greek Studies Vol.2 (1976): 135-160; Psomiades 65-6
  64. Psomiades, 66
  65. Pentzopoulos, 68
  66. Petropulos, 137 from Ladas 16, 643, 711 and Pentzopoulos 68-9
  67. Ladas, 443-444
  68. Ladas, 446
  69. Ladas is not clear on this point. His discussion (p. 584-588) indicates that this is the case, however, particularly when compared with the discussion of the Greco-Bulgarian Mixed Commission.
  70. Ladas, 458
  71. Ladas, 458
  72. Ladas, 457
  73. Ladas provides an extensive discussion of the appraisal process in which his evaluation of the Commission is somewhat unfavorable, criticizing the unprofessionalism of the Commission and the passiveness of the neutral members.
  74. Ladas, 526
  75. Psomiades, 82
  76. Psomiades, 82
  77. Psomiades, 82
  78. Ladas, 559. He adds that an estimate of 30 years and £6,132,000 was noted.
  79. Ladas, 572-3
  80. This interpretation is based upon the discussion in Ladas, 551-566
  81. Ladas, 561
  82. As quoted in Ladas, 578
  83. Ladas, 579
  84. Psomiades, 83; Ladas specified that compensation in category (a) was given for properties outside of Istanbul.
  85. Ladas, 579-80
  86. The following summary draws heavily upon Joseph B. Schechtman, "Evacuee property in India and Pakistan." 50 Years of Indo-Pak Relations: Vol. 1 Partition of India, Indo-Pak Wars and the UNO edited by Verinder Grover and Ranjana Arora. (New Delhi: Deep and Deep Publications, 1999): 30-57. This is one of the best sources for this case.
  87. Schechtman, "Evacuee property," 31
  88. Schechtman, "Evacuee property," 32
  89. Schechtman, "Evacuee property," 33-4
  90. Schechtman, "Evacuee property," 34
  91. Schechtman, "Evacuee property," 35. Mohammed Ahsen Chaudri, "Evacuee Property in India and Pakistan." Pakistan Horizon 10.2 (June 1957): 96-109 also comments on this expansion of the definition noting that it enabled the confiscation of property of Muslims present in India.
  92. Various dates are given for this agreement. However, the New Delhi 1950 agreement gives the date of December 1948.
  93. Schechtman, "Evacuee property," 36
  94. Schechtman, "Evacuee property," 38
  95. Schechtman, "Evacuee property," 49
  96. Schechtman, "Evacuee property," 39
  97. Schechtman, "Evacuee property," 42
  98. Schechtman, "Evacuee property," 49
  99. Schechtman, "Evacuee property," 49
  100. Schechtman, "Evacuee property," 45-50, most forcefully stated 46
  101. Schechtman, "Evacuee property," 47
  102. "Agreement Between India and Pakistan on Minorities." Reprinted in Middle East Journal 4.3 (July 1950): 344-346.
  103. Schechtman, Refugee in the World, 159 and Schechtman, "Evacuee property," and 54-55. In these sources he distinguishes these regions, specifically their governing agreement. This distinction is explicitly made in "Agreement Between India and Pakistan on Minorities." Reprinted in Middle East Journal 4.3 (July 1950), section B. Sections D and G also appear to exclude other parts of India and Pakistan from the property provisions of the agreement.
  104. "Agreement Between India and Pakistan on Minorities." Reprinted in Middle East Journal 4.3 (July 1950)
  105. Schechtman, "Evacuee property," 54
  106. Schechtman, "Evacuee property," 55
  107. Schechtman, Refugee in the World, 159
  108. "Chronology of Events-1947-1997," in 50 Years of Indo-Pak Relations: Vol. 3 Chronology of Events, Important Documents edited by Verinder Grover and Ranjana Arora. (New Delhi: Deep and Deep Publications, 1999): 3-170
  109. "Chronology of Events-1947-1997," 15
  110. "Chronology of Events-1947-1997," 21
  111. "Chronology of Events-1947-1997," 21
  112. "Chronology of Events-1947-1997," 29
  113. "Chronology of Events-1947-1997," 104
  114. Charles N. Brower, "Current Developments in the Law of Expropriation and Compensation: A Preliminary Survey of Awards of the Iran-United States Claims Tribunal." International Lawyer 21.3 (Summer 1987): 639
  115. Charles N. Brower, "The Lessons of the Iran-United States Claims Tribunal: How May They Be Applied in the Case of Iraq?" Virginia Journal of International Law 32 (1992): 426
  116. "A Progress Report on Government Cases Before the Iran-US Claims Tribunal" Mealey’s International Arbitration Report 11.1 (January 1996)
  117. "No Big Change in Iran-US Work Data" " Mealey’s International Arbitration Report 13.5 (May 1998). Presumably, the discrepancy in numbers between the cases resolved and originally filed owes to the fact that "A" class cases could continue to be filed.
  118. Charles N. Brower, "Current Developments," 641
  119. "A Progress Report on Government Cases Before the Iran-US Claims Tribunal" Mealey’s International Arbitration Report 11.1 (January 1996)
  120. Charles N. Brower, "The Lessons of the Iran-United States Claims Tribunal," 429
  121. Charles N. Brower, "Current Developments," 640
  122. Charles N. Brower, "The Lessons of the Iran-United States Claims Tribunal," 426
  123. Charles N. Brower, "The Lessons of the Iran-United States Claims Tribunal," 427
  124. Charles N. Brower, "The Lessons of the Iran-United States Claims Tribunal," 427
  125. Charles N. Brower, "The Lessons of the Iran-United States Claims Tribunal," 427
  126. "Iran and US agree claims" Manchester Guardian Weekly 5/20/1990 p. 7
  127. ibid. Presumably corporate claims explain the difference between the total settlement claim number and amount given by the article, but this is unclear.
  128. Charles N. Brower, "Current Developments,"
  129. Charles N. Brower, "Current Developments," 669
  130. Charles N. Brower, "Current Developments," 669
  131. Charles N. Brower, "Current Developments," 669
  132. The information contained in the following summary is taken from the UNCC web site: www.unog.ch/uncc/start.htm
  133. www.unog.ch/uncc/introduc.htm
  134. www.unog.ch/uncc/clmsproc.htm
  135. www.unog.ch/uncc/introduc.htm
  136. www.unog.ch/uncc/claims/a_claims.htm
  137. www.unog.ch/uncc/clmsproc.htm
  138. www.unog.ch/uncc /claims/b_claims.htm  
  139. www.unog.ch/uncc /claims/c_claims.htm  
  140. www.unog.ch/uncc/clmsproc.htm
  141. www.unog.ch/uncc/claims/d_claims.htm
  142. www.unog.ch/uncc /claims/e_claims.htm
  143. www.unog.ch/uncc /claims/f_claims.htm
  144. www.unog.ch/uncc /paymprocc.htm
  145. The table and accompanying notes are reproduced from www.unog.ch/uncc/status.htm.
  146. Schechtman, Refugee in the World, 50
  147. Schechtman, Post-War Population Transfers in Europe, 159
  148. Schechtman, Post-War Population Transfers in Europe, 163
  149. Schechtman, Post-War Population Transfers in Europe, 164
  150. "the first article of this Convention made it clear that what was intended was to confirm a fait accompli," Ladas, 19
  151. Michael R. Marrus, The Unwanted: European Refugees on the Twentieth Century (New York: Oxford University Press, 1985): 46; Pentzopoulos, 55
  152. Ladas, 19
  153. Ladas, 19
  154. Ladas, 20
  155. Ladas, 20
  156. Schechtman, Refugee in the World, 54-67
  157. Schechtman, European Population Transfers 1939-1945, 493
  158. Joseph B. Schechtman, "The Compulsory Transfer of the Turkish Minority from Bulgaria," Journal of Central European Affairs 12 (1952/1953):161
  159. Schechtman, Refugee in the World, 156 gives a date of 1946, but Schechtman, European Population Transfers 1939-1945, 491 which includes the more comprehensive discussion gives the date as 1936.
  160. Schechtman, Refugee in the World, 156
  161. Schechtman Refugee in the World, 156 gives the amount as 247,000, but Schechtman, European Population Transfers 1939-1945, 491 (which includes the more comprehensive discussion) gives the amount of 247,100.
  162. This calculation is based on figures given by Schechtman. In Refugee in the World, 156, the author states that 6000 lei was paid per acre. In another publication, European Population Transfers 1939-1945, 408 in a discussion of the Rumanian-Bulgarian transfer, the author gives the pre-war exchange rate of 100 million lei for $1.01 million.
  163. Schechtman, European Population Transfers 1939-1945, 492
  164. R.C. Chhangani, "Notes and Comments: Expulsion of Uganda Asians and International Law." Indian Journal of International Law 12: 400
  165. "Uganda to Solve Problem of Asians Property" Xinhua 1/2/83
  166. Praful Patel, Uganda Evacuees Association, in a letter to the Economist 5/28/83.
  167. Catherine Bond, "Asians’ forced to sign land pacts’" Daily Telegraph 7/4/1991. This same report indicates that the decision to return properties was based on the fact that the return would be cheaper than repair.
  168. "Ugandan Government Returns 4000 Properties to Asians," Xinhua 7/5/92
  169. The dramatic discrepancy in figures stems from the fact that Uganda claims to have paid the Indian government $3,977,172.92 whereas the Indian government puts this figure at $1,600,000
  170. Edson Bagada, "Uganda; Expelled Asians to be named," Africa News 7/23/1997
  171. Nicholas Balabkins, West German Reparations to Israel (New Brunswick, Rutgers University Press, 1971): 154
  172. Balabkins, 154
  173. Balabkins, 154
  174. Balabkins, 146-7
  175. For a discussion see Balabkins, 169-188
  176. Balabkins, 143
  177. Balabkins, 153
  178. Balabkins, 187
  179. Atif Kubursi in Sami Hadawi, Palestinian Rights and Losses in 1948: A Comprehensive Study (London, Saqi Books, 1988), 141
  180. Atif Kubursi in Hadawi, 140
  181. Atif Kubursi in Hadawi, 141
  182. Balabkins, 143
  183. Balabkins, 143
  184. Ronald W. Zweig, "Restitution of Property and Refugee Rehabilitation: Two Case Studies." Journal of Refugee Studies 6.1/4 (1993):58
  185. Zweig, 59
  186. Michael Z. Wise, "Austria Reaches Out to Jewish Refugees," Washington Post 2/26/90
  187. Michael Z. Wise, "Austria Reaches Out to Jewish Refugees," Washington Post 2/26/90

 

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The PRRN/IDRC compensation workshop was funded by IDRC and the Canadian International Development Agency thrrough the Expert and Advisory Services Fund. PRRN is a project of the Interuniversity Consortium for Arab Studies (Montréal).

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