towards compensation of dispossessed French
property owners. The National Agency for
Compensation of French Overseas Nationals
(ANIFOM), a French Government institution,
assigned the author a case number—34F008811—
relating to the property he owned in Algeria. By
decision No. 148,099 of 17 June 1977, ANIFOM
authorized an advance compensation payment that
was considerably lower than the actual value of the
property. These measures were taken by France
under articles 2 7 and 12 8 of Act No. 70-632 of 15
July 1970. Under the acts of 2 January 19789 and 16
July 1987, 10 the author subsequently received
additional compensation.
that, as a result of the referendum, the Evian
declarations assumed the status of a treaty under
international law.
2.5 With regard to the measures taken by the
State party concerning the property of persons who
had left its territory, counsel distinguishes several
periods, based on the analysis contained in
Consultation. During the first period, from July to
September 1962, the dispossessions had no legal
basis. They were isolated acts of individuals, groups
of individuals, or even local authorities without a
mandate, which elicited no clear response from the
State party. Later, the ordinance of 24 August 196212
governed the fate of vacant properties (not used,
occupied or enjoyed by their legal owner for at least
two months), placing them under prefectural
administration. The ordinance was intended to
protect the properties and preserve the owners’
rights. In most cases, what it did was to provide a
legal justification for the current state of affairs and
perpetuate
it,
thus
encouraging
further
dispossessions, with decisions being left to the
discretion of prefects without any safeguards or prior
formalities and without any effective avenue of
redress. However, according to Consultation some
restitutions were ordered and actually carried out.
The decree of 23 October 1962 13 prohibited and
annulled all contracts for the sale of vacant property,
including sale and rental agreements concluded
abroad after 1 July 1962. The properties affected by
such annulments were reclassified as vacant within
the meaning of the ordinance of 24 August 1962.
The decree of 18 March 1963 14 established
conditions and safeguards for declaring property
vacant and provided a legal remedy. 15 Those
remedies were ineffective, however, since the judges
who heard the cases took a long time to deliver their
2.4 The intervention by France did not result in
the
author
obtaining
fair
compensation
corresponding to the 1962 value of the confiscated
property, even though the State party has been
sovereign and independent since 1962. The author
recounts the history of the State party’s
independence and notes that, after the signing of the
Evian agreements on 18 March 1962, the State party
was unable or unwilling to assume its
responsibilities, which include ensuring the safety
and protecting the moral and material interests of
Algeria’s resident populations. In particular, the
Evian agreements and the guarantees contained
therein were not honoured, although the head of the
Algerian delegation had stated that “the Algerian
delegation, mandated by the National Council of the
Algerian Revolution and on behalf of the Algerian
Government, declares its commitment to respect
these political and military agreements and to ensure
their implementation”. Counsel for the author refers,
inter alia, to the text of the 1 July 1962 referendum
and a work dated 196411 (Consultation), concluding
July 1962 (art. 12). Also see Decree No. 70-1010
of 30 October 1970.
7
“Natural persons fulfilling the following conditions are
eligible for compensation: (1) they were dispossessed,
before 1 June 1970 and as a result of political events, of
property mentioned in title II of the present Act and
located in a territory previously under the sovereignty,
protectorate or trusteeship of France …”
8
“The dispossession mentioned in article 2 must be a
consequence of nationalization, confiscation or a similar
measure taken in application of a law or regulation or
administrative decision, or of measures or circumstances
that resulted, de facto or de jure, in the loss of possession
and use of the property. The expropriation of real property
ordered in Algeria prior to 3 July 1962 … falls within the
meaning of dispossession as described above, if no
compensation was awarded.”
9
Act No. 78-1 of 2 January 1978 on compensation of
French nationals repatriated from overseas dispossessed of
their property.
10
Act No. 87-549 of 16 July 1987, which aimed at a final
settlement of all cases of lost or “confiscated” overseas
property.
11
Consultation sur les droits des français atteints en
Algérie par des mesures de dépossession, G. Vedel, R.W.
Thorp, Ch. De Chaisemartin, P. Lacombe, and A.
Ghanassia (1 December 1964).
12
Ordinance No. 62-020 of 24 August 1962 concerning
the protection and administration of vacant property
13
Decree No. 62-03 of 23 October 1962 regulating the
transaction, sale, rental, concession, lease or sublease of
movable or immovable property. Agencies were
established to collect rent. Consultation indicates that, in
response to the owners’ protests, certain claims were taken
to court, the property was declared vacant or requisitioned.
It further states that “apparently instructions were given to
allow owners residing outside Algeria to appoint
representatives to collect their rent and manage the
apartment blocks, but they were never implemented”.
14
Decree No. 63-88 of 18 March 1963 governing vacant
properties.
15
Within two months, before the competent interim relief
judge of the prefecture in question. According to
Consultation, “this was a fast, inexpensive procedure that
could constitute […] an effective means of enforcing the
recognition of and respect for their rights. But, again, the
implementation of the decree fell short of the expectations
raised by its content”.
36
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