Operational Challenges in Large- Scale Reparation Programmes Presentation by Peter Van der Auweraert Senior Legal Officer Reparations Programmes Unit International

Operational Challenges in Large-Scale Reparation Programmes

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

Presentation by

Peter Van der Auweraert

Senior Legal Officer

Reparations Programmes Unit

International Organisation for Migration (IOM)

Pinepark Club, Turkey

15 - 19 June 2006

I. IntroductionI. 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

• The Reparations Programmes Unit in the International Organisation for Migration (IOM)


• Holocaust Victims Assets Programme


• 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



• Background

• Legal basis and establishment

• Structure

• Type of claims

• Statistical information – 400.000 claims 2001-2006


• Background


• Structure

• Type of claims

• Statistical information – 400.000 claims 2001-2006




• Background


• Structure

• Type of claims

• Statistical information – 135.000 claims, ongoing


• Background


• Structure

• Type of claims

• Statistical information – 135.000 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)

• 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)



• 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

• 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



• 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)

• 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)



• 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

• 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



• 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

• 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



• 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

• 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 RemarksConcluding RemarksConcluding RemarksConcluding Remarks

Documents

Operational Challenges in Large- Scale Reparation Programmes Presentation by Peter Van der Auweraert Senior Legal Officer Reparations Programmes Unit International