Operational Challenges in Large-Scale Reparation Programmes

1. Operational Challenges in Large-Scale Reparation Programmes • Presentation by • Peter Van der Auweraert • Senior Legal Officer • Reparations Programmes Unit • International Organisation for Migration (IOM) • Pinepark Club, Turkey • 15 - 19 June 2006

2. I. Introduction • The Reparations Programmes Unit in the International Organisation for Migration (IOM) • German Forced Labour and Property Compensation Programme • Holocaust Victims Assets Programme • Iraq Commission for the Resolution of Real Property Disputes • Colombian National Commission for Reconciliation and Reparation • Personal background and experience • What I would like to do today

3. II. Summary Description of Other Reparations Programmes • German Forced Labour and Property Compensation Programme • Background • Legal basis and establishment • Structure • Type of claims • Statistical information – 400.000 claims 2001-2006

4. II. Summary Description of Other Reparations Programmes • Iraq Commission for the Resolution of Real Property Disputes • Background • Legal basis and establishment • Structure • Type of claims • Statistical information – 135.000 claims, ongoing

5. III. Examples of Challenges Encountered in Other Large-Scale Reparations Programmes • The Challenge of Outreach and Communication with Victims and Victim Communities • What was done: • Intensive outreach campaigns • Ensuring continuous communication with claimants (individual queries) • Adopting pro-active communication policies • (transparency of process)

6. III. Examples of Challenges Encountered in Other Large-Scale Reparations Programmes • The Challenge of Expediency (and How to Combine it with Fairness and Justice) • What was done: • Ensuring adequate staffing and resources • Rendering claims review and decision process more efficient • Grouped claims review and decision making

7. III. Examples of Challenges Encountered in Other Large-Scale Reparations Programmes • Use of simple, standardised procedures • Monitoring of claims review and decision process (bottlenecks) • Establishment of pro-active secretariat or other support body or unit (international, national, or national + international support) • Use of IT (claims database applications)

8. III. Examples of Challenges Encountered in Other Large-Scale Reparations Programmes • The Challenge of Consistency • What was done: • Rules, guidelines and regulations • Access to case-law and decisions • On-going quality control of decisions • Organisation of regular workshops, trainings

9. III. Examples of Challenges Encountered in Other Large-Scale Reparations Programmes • The Challenge of Lack of Individual Evidence • What was done: • Lower standard of proof (“plausibility standard”) • Use of “third party evidence” • Working with evidentiary presumptions • Use information provided by claimant population as a whole

10. III. Examples of Challenges Encountered in Other Large-Scale Reparations Programmes • The Challenge of Valuation and the Determination of Compensation Amounts • What was done: • Use of compensation matrixes (categorisation of damages; determination of base compensation value; and determination of factors that can increase or decrease the compensation actually awarded) • Use of pre-determined, fixed compensation amounts

11. Concluding Remarks