From Seattle writer and consultant Matt Rosenberg...

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Fidel: Here's an Idea

May 26, 2004

See how much play THIS gets in the press.

Hot off the server from the Coalition Provisional Authority.

The Iraq Property Claims Commission (IPCC) office has opened in Basra to help citizens reclaim houses and land seized by the former regime.

The IPCC office is located in Al Ashar beside the former governorate building in Basra. This is the first regional office to open in southern Iraq and will only deal with claims relating to Basrah province. There are 15 staff, including a manager, legal advisers and claim administrators. To make a claim, people must visit the office in person.

The IPCC process provides a legal and organized mechanism for resolving property disputes by people who wish to reclaim their property. It is open to those people, or their heirs, who claim that between 17 July 1968 and 9 April 2003 they had a legal interest in property taken from them because of their religion, sect or ethnic background, or because of their opposition to the Ba’athist government.

People can also make a claim if their property was confiscated for reasons other than land reform, if it was acquired for less than the correct value, or if the price agreed was not paid. In addition, land belonging to the State that was given to people, such as farmers, because of the greater benefits to the economy, can also be claimed back.

The IPCC is not open to people who lost personal property such as vehicles or cash, or to those whose property was damaged or destroyed but not taken from them.

A spokesperson for CPA South said: “Under the former Ba’athist regime many people had land and property taken away. The opening of this office in Basra will provide citizens in the southern provinces with a fair and structured method of reclaiming property that was unfairly taken away.

Posted by Matt Rosenberg at May 26, 2004 08:47 AM


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Comments:

This effort in the south of Iraq may become a model for dealing with one of the more significant problems of Iraqi reintegration.

The Wall Street Journal has carried a number of interesting, not to say heart-breaking, stories of Sunni families who have their entire wealth tied up in properties that they acquired after Saddam had ejected Kurds from them in an attempt to make certain areas "safer" for his regime. In some cases the Sunnis were aware of their unjust enrichment, and in some cases not. Either way, the Kurds are only anxious to get their lands back and are now frequently repossessing them as summarily as they originally lost them. This is a sure recipe for civil disorder.

We have a long history of problems like this in the West, and from a purely intelllectual point of view, it would be fascinating to compare the Roman, Canon, and feudal law solutions to those of the Islamic courts. The more immediate problem, however, is how to reduce the potential for violence. And here I think the CPA gets high marks. They seem to be moving toward the view that the losers, whoever they turn out to be, should be compensated from the resources of the State, since it was the State that created the problem in the first place.

Posted by: Tom Rekdal at May 26, 2004 04:27 PM

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