As of 31 May 2007, the CRRPD had received 132,038 claims, of which 34,649 have been decided. Successful claimants whose cases have been resolved have started to receive the title deeds to their properties, and the CRRPD has begun to make payments of compensation to parties.

Introduction

For decades, many Iraqis were wrongfully deprived of their property rights as a result of the actions of the former Iraqi regime. To help address this situation, the Commission for the Resolution of Real Property Disputes (CRRPD) (formerly the Iraq Property Claims Commission) was established

The CRRPD, an independent agency of the Government of Iraq, has as its mandate the redress of certain wrongful takings of real property rights, including ownership and usage, during the period from 17 July 1968 to 9 April 2003. The CRRPD resolves claims made by Iraqis, or their heirs, who were wrongfully deprived of property rights (e.g., a house, apartment or land) or an interest in real property (e.g., the right to farm land) because of the confiscation, expropriation, forced sale or other actions taken by the former regime.

The CRRPD has offices in every governorate in Iraq and a staff of over 1,400 to process the claims, which are decided by one of 35 Judicial Committees at first instance and, in case of appeal, by a Cassation Commission in Baghdad. As of 31 May 2007, the CRRPD had received 132,038 claims, of which 34,649 had been decided at first instance. Successful claimants whose cases have been resolved have started to receive the title deeds to their properties, and the CRRPD has begun to make payments of compensation to parties.

The CRRPD Claims Process

The CRRPD only deals with cases involving certain defined types of takings of interests in real property. For example, properties that were expropriated under the law of agricultural reform are not within the CRRPD’s mandate. Further, the CRRPD process is not intended to redress all wrongdoings by the former Iraqi regime. For example, the CRRPD cannot consider claims for loss of personal property, such as money or a car, or damage and destruction of real property in cases where it was not taken.

To claim a property right before the CRRPD, interested parties must complete an official claim form, in Arabic or Kurdish, and file it, with supporting evidence, at a CRRPD office. A responding party can defend its rights by completing an official response form and filing it, with supporting evidence, at a CRRPD office. Claimants and respondents can get assistance from intake officers in completing the forms.

Claims are reviewed and decided by Judicial Committees which review all submissions relating to a claim. The Judicial Committees hold at least one hearing in every case, and may also request expert opinions. A party may appeal a decision of a Judicial Committee. All appeals are heard by the Cassation Commission. If the Cassation Commission disagrees with the decision of the Judicial Committee, it will remand the claim to the Judicial Committee for reconsideration in light of the Cassation Commission’s decision.

IOM’s Involvement

With extensive expertise in large reparations programmes, IOM has, through its Iraq Property Claims Programme, worked with the CRRPD since its inception on a variety of legal and technical matters. The goal of IOM’s capacity-building support is to help the CRRPD resolve claims in a consistent, efficient and transparent manner, and thereby contribute to the reconstruction and stability of Iraqi society and the dispensation of justice to those for whom it had long been denied.

Legal Advice

IOM has worked with the CRRPD on a range of legal matters related to the CRRPD claims resolution process.  These matters include:

• Reviewing and analyzing decisions issued by the CRRPD Judicial Committees and the Cassation Commission to enable IOM to provide informed proposals to the CRRPD;
  
  
• Running several workshops on good claims management and claims processing techniques, including manuals, an index of jurisprudence, quality control and grouping techniques, and standardized templates;
  
  
• Providing advice on the format and content of the CRRPD claim and response forms and instructions;
  
  
• Providing advice on the implementation of an out-of-country programme to allow Iraqis living outside Iraq to have a meaningful opportunity to participate in the process; and
  
  
• Working with representatives of the CRRPD and the Iraqi Ministry of Finance to resolve key issues related to payment of compensation.

Technical Support

IOM has also provided the CRRPD with technical support, particularly with regard to the integration of IT into the CRRPD claims resolution process in order to help ensure the efficiency and expediency of the work. IOM’s efforts in this area include the following:

• Developing, updating and supporting an Internet-based claims database and application to assist the CRRPD in managing claims, responses and associated documentation, and tracking decisions;
  
  
• Designing a module in the claims application, with related reports, to ensure the secure, auditable tracking of payments to claimants;
  
  
• Procuring computer servers for the claims database and application and hosting them in a secure environment;
  
  
• Procuring and overseeing the delivery and installation of IT equipment (computers, printers and scanners) for every CRRPD office in Iraq;
  
  
• Contracting for website and email hosting services, developing a website for the CRRPD and managing the updating of the website until the responsibility for this matter was handed over to the CRRPD (www.crrpd.org); and
  
  
• Providing training on topics including claims application system usage, reporting, database and network administration, and systems security.

Coordination

IOM maintains contact with the CRRPD through email exchanges, regularly scheduled telephone conferences and meetings with CRRPD senior management. IOM also coordinates the assistance that it provides with the United States Department of State – Bureau of Population, Refugees and Migration, and other officials based in Baghdad.

Safeguarding property rights is a cornerstone of any society governed by the rule of law. It is critical in a country such as Iraq where displacement and forced migration are causing significant social upheaval. The CRRPD has a fundamental role to play in stabilizing the situation in Iraq, both in terms of returning property to those from whom it was wrongfully taken or paying adequate monetary compensation. IOM is working hard to help the CRRPD achieve its objectives.