International Convention on Human Rights (ICHR)

What about the right to communal property? its mentioned in UDHR and has been recognized by several international bodies (see Awas Tingi and Maya Toledo IACHR). Its an important right for indigenous people. it can have a direct impact on the fulfillment of rights to life, health, physical and cultural integrity and freedom from discrimination. The importance of recognizing this communal property rights is demonstrated by the treatment of groups near extractive projects in the Amazon (see Amazon Watch or AIDESEP's work). best,
Matt (California, US)

Vladimir Nefedov (Switzerland)

First of all, I would like to suggest that the words "an independent" be added befor the word "jury" at the end of article 13. In it's current state, the status of the jury is ambiguous, which provides a loophole for biased juries which would award unjust compensation for the taken property.
On a further note, it would be reasonable to consider removing the concept of the jury entirely, and replacing it with something like "an independent expert in the property type concerned".

My other suggestion only partialy concerns this article. What I am suggesting is that a new article is created under the heading "FINANCE", or a relevant section be added to this article ("PROPERTY"). The text thich I suggest adding would go something like this: "Everyone has the right to equal access to financial services for purposes deemed legal beyond reasonable doubt. Access to financial services may not be refused to anybody for any reason. Everyone must have equal access to money transaction services, savings and current accounts, and investment services. Nobody shall be subject to dicrimination from participation in any kind of investment activity such as, but not limited to, mutual funds, hedge funds, pension funds, all types of markets such as stock markets, foreign exchange markets, and any other investment opportunities based on their wealth."

Thank you for reviewing my suggestions.

Regards

Vladimir Nefedov

Article 17 of the Universal Declaration provides that “everyone has the right to own property alone as well as in association with others.” It also provides that no one shall be arbitrarily deprived of their property, but it does not specify that there shall be compensation prior to seizure.

There is no right to property in either the twin Covenants or in European Convention.

Article 13 of the NGO Draft International Convention specifically creates a right to own, buy and sell property and that no one can be deprived of their property without due process. In addition, Article 13 goes further to require that the government cannot take property except for public use, and that compensation must be paid prior to the property being taken. As a limit on abuse by government officials there is also the requirement that a jury of lay people in the community determine what the property value is before any taking.