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 June 2006

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

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 – claims

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 – claims, ongoing

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)

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

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)

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

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

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

Concluding Remarks