World Development Perspectives 31 (2023) 100519
Available online 28 June 2023
2452-2929/© 2023 Elsevier Ltd. All rights reserved.
Case report
Case Report: Housing, land and property restitution after wars takes
decades: Ukraine can change this
Yuliya Panfl
a
, Jon Unruh
b, *
, Michael Cholod
c
a
New America, USA
b
McGill University, Canada
c
The Peace Coalition Foundation, Canada
A R T I C L E INFO
Keywords:
Ukraine
Eastern Europe
Land rights
Housing rights
Restitution
1. Introduction
Ukraine is poised to transform the process of housing, land and
property (HLP) restitution and compensation after wars. The Russian
invasion of Ukraine has displaced more than 13.5 million people
(UNHCR, 2023) and created massive destruction and damage to the
country’s HLP. Initial efforts at recovery along with counter-offensives
have stabilized large areas of the country and liberated others, to
which displaced Ukrainians are now beginning to return (Duggal, 2022;
Conkling, 2022). The Ukrainian government faces the monumental task
of getting millions of returnees back to their HLP and facilitating
compensation for damage and destruction.
Engaging in large-scale HLP restitution/compensation in Ukraine
will be a daunting process. When refugees and IDPs (internally dis-
located persons) return, many will not be able to prove they are the
rightful occupants of their HLP because their property records are
missing, destroyed, inaccurate, or never existed (Myers & Panfl, 2022).
Ukraine’s property registry is only 40 percent complete, meaning that
more than half of the country does not have formal digitized records of
their property rights. For them, the risk of losing paper documentation of
varying usefulness (if they existed) can be high as they failed to take
them as they fed, or they were destroyed along with their HLP or from
Russian targeting of HLP offces and archives. Properties can also be
occupied by others or transacted as a political tool in the confict—the
latter a disturbing reality in eastern Ukraine (Coynash, 2019), particu-
larly now that Russia has attempted annexation of eastern territories
(Lonsdorf & Harbage, 2022).
Experience in other countries has demonstrated that large-scale
forced dislocations can last decades and even generations as restitu-
tion/compensation efforts are not planned or implemented in a timely
manner, or claims are diffcult or impossible to fle for signifcant seg-
ments of the dislocated population. During this time HLP can change
hands multiple times and become illegally or legally held by others,
including political elites or opposed ethnic, sectarian or religious
groups. Meanwhile, the grievances of displaced families do not usually
abate, but instead build over generations, sometimes leading to desta-
bilizing movements (Fay & James, 2009).
But despite the challenges it faces, Ukraine has the potential to
transform postwar HLP restitution/compensation processes as currently
practiced. With its digital sophistication, smartphone penetration, and a
capable government willing to innovate, Ukraine might become the frst
war-affected country in which millions of displaced citizens can return
to their HLP quickly, be compensated promptly, and engage in timely
reconstruction.
2. How to do this?
Ukraine’s moves to start the legal, technical, social, diplomatic and
fnancial processes of HLP restitution/compensation while the war is
still underway could set a new, much needed standard. Such a start not
only advances the extensive preparations needed for large-scale returns
to HLP, but opening large numbers of claims prior to a war’s end can
have strategic peacebuilding utility. This can occur by making legal and
fnancial accountability for HLP damage and destruction widely known,
* Corresponding author.
Contents lists available at ScienceDirect
World Development Perspectives
journal homepage: www.sciencedirect.com/journal/world-development-perspectives
https://doi.org/10.1016/j.wdp.2023.100519
Received 13 April 2023; Accepted 22 June 2023