D. The Right to Property International provisions Article 17 UDHR: 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property. Article 31 Arab Charter Everyone has a guaranteed right to own private property, and shall not under any circumstances be arbitrarily or unlawfully divested of all or any part of his property. Relevant domestic provisions Article 21(3) and (4) Palestinian Basic Law: 3. Private property, both real estate and movable assets, shall be protected and may not be expropriated except in the public interest and for fair compensation in accordance with the law or pursuant to a judicial ruling. 4. Confiscation shall be in accordance with a judicial ruling. 1. The right to property is not found in all human rights instruments.982 The concept of ‘possessions’ and property within those treaties which do provide for such a right has been given a broad interpretation and there must be a right within national legislation.983 It will cover moveable and immoveable property.984 2. There are considered to be three elements to the right to property as set down in the European Court decision in Sporrong and Lönnroth v. Sweden985 which have been adopted by other international human rights bodies. These are:  The principle of peaceful enjoyment of property;  Interference with this right can only be committed in accordance with certain conditions;  States can control the use of property in accordance with the general interest. 3. States have both negative and positive obligations in respect of the right.986 The former relates to expropriation and seizure as well as other acts such as 982 Although there is a reference to the right to property in the UHDR, it is not included in the ICCPR nor in the ICESCR. However, see ECHR Protocol 1, Article 1; ACHPR Article 14, ACHR Article 21. Articles 15(2) and 16(1)(h) CEDAW; Article 15 ICMW; Articles 5(3) and 30(3) CRPD. 983 European Court of Human Rights, Maltzan and others v. Germany, 2 March 2005; Inter-American Court, “Five Pensioners” v. Peru, Judgment of 28 February 2003, para 103. 984 Inter-American Court, Yakye Axa Indigenous Community v. Paraguay, Judgment of 17 June 2005, para 137. African Commission, Communication 276/2003, Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, May 2009, para 86. 985 Judgment 23 September 1982. 986 Inter-American Court, Mayagna (Sumo) Awas Tingni Community v. Nicaragua, Judgment of 31 August 2001, para 153. 155