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 war in Syria, now in its eighth year, continues to take its toll on the Syrian people. More than half of the population of Syria remains displaced; 5.6 million persons are registered as refugees outside of the country and another 6.2 million are displaced within Syria's borders. The internally displaced persons include 2 million school-age children; of these, less than half attend school. Another 739,000 Syrian children are out of school in the five neighborhood countries that host Syria's refugees. The loss of human capital is staggering, and it will create permanent hardships for generations of Syrians going forward. Despite the tragic prospects for renewed fighting in certain parts of the country, an overall reduction in armed conflict is possible going forward. However, international experience shows that the absence of fighting is rarely a singular trigger for the return of displaced people. Numerous other factors—including improved security and socioeconomic conditions in origin states, access to property and assets, the availability of key services, and restitution in home areas—play important roles in shaping the scale and composition of the returns. Overall, refugees have their own calculus of return that considers all of these factors and assesses available options. The Mobility of Displaced Syrians: An Economic and Social Analysis sheds light on the 'mobility calculus' of Syrian refugees. While dismissing any policies that imply wrongful practices involving forced repatriation, the study analyzes factors that may be considered by refugees in their own decisions to relocate. It provides a conceptual framework, supported by data and analysis, to facilitate an impartial conversation about refugees and their mobility choices. It also explores the diversified policy toolkit that the international community has available—and the most effective ways in which the toolkit can be adapted—to maximize the well-being of refugees, host countries, and the people in Syria.
The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.
There are 30 million refugees globally. Only one-third of refugees return home after ten years, and returns are not keeping pace with new displacements. The authors examine barriers to, and facilitators of, the safe, sustained return of refugees.
The orthodox definition of international security put human displacement and refugees at the periphery. In contrast, this book demonstrates that human displacement can be both a cause and a consequence of conflict within and among societies. As such, the management of refugee movements and the protection of displaced people should be a part of security policy.
Refugee displacement is a global phenomenon that has uprooted millions of individuals over the past century. In the 1980s, repatriation became the preferred option for resolving the refugee crisis. As human rights achieved global eminence, refugees' right of return fell under its umbrella. Yet return as a right and its practice as a rite created a radical disconnect between principle and everyday practice, and the repatriation of refugees and Internally Displaced Persons (IDPs) remains elusive in cases of forced displacement of victims by ethnic conflict. Reviewing cases of ethnic displacement throughout the twentieth century in Europe, Asia, and Africa, Howard Adelman and Elazar Barkan juxtapose the empirical lack of repatriation in cases of ethnic conflict, unless accompanied by coercion. The emphasis on repatriation during the last several decades has obscured other options, leaving refugees to spend years warehoused in camps. Repatriation takes place when identity, defined by ethnicity or religion, is not at the center of the displacing conflict, or when the ethnic group to which the refugees belong are not a minority in their original country or in the region to which they want to return. Rather than perpetuate a ritual belief in return as a right without the prospect of realization, Adelman and Barkan call for solutions that bracket return as a primary focus in cases of ethnic conflict.
Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis, and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a 'just return' process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.
How are refugee crises solved? This has become an urgent question as global displacement rates continue to climb, and refugee situations now persist for years if not decades. The resolution of displacement and the conflicts that force refugees from their homes is often explained as a top-down process led and controlled by governments and international organizations. This book takes a different approach. Through contributions from scholars working in politics, anthropology, law, sociology and philosophy, and a wide range of case studies, it explores the diverse ways in which refugees themselves interpret, create and pursue solutions to their plight. It investigates the empirical and normative significance of refugees’ engagement as agents in these processes, and their implications for research, policy and practice. This book speaks both to academic debates and to the broader community of peacebuilding, humanitarian and human rights scholars concerned with the nature and dynamics of agency in contentious political contexts, and identifies insights that can inform policy and practice.