Note on International Protection (Submitted by the High Commissioner) Addendum UNHCR indemnification funds

A/AC.96/518/Add.1

UNHCR Indemnification Funds

1. The Indemnification Funds put at the High Commissioner's disposal by the Government of the Federal Republic of Germany are now practically exhausted; after a small final payment ($ 370 each) was made to some 1,250 qualifying beneficiaries, essentially hardship cases, at the end of 1974¹. As from 1 January 1975, a very small reserve is still available for payments to persons who at any time between 8 May 1945 and 31 December 1965 were refugees in the sense of the 1951 Convention, who had been detained for over 90 days in a concentration camp during the war by reason of their nationality, and who have not yet received any compensation. This reserve accrues from reimbursements by the indemnification authorities of the Federal Republic of Germany in respect of persons who first received payments under either of the earlier UNHCR funds, but were subsequently found to qualify for larger payments under German indemnification legislation. Thus, UNHCR will continue to grant small payments to hardship cases mentioned above as long as reimbursements continue to be made by the German indemnification authorities.

2. By 31 July 1975, 3,186 persons had benefited from the three UNHCR funds, and the reserve, while payments awarded totalled US$ 16,724,061.

German Indemnification

3. As of 31 July 1975, the Federal Administration Office² in Cologne had settled nearly all the cases (i.e. 36,659 out of the 36,782 registered applications), while 123 applications were still pending. However, in more than half of the latter cases, a provisionally positive decision has been made which will be confirmed once the required expert medical opinion has been submitted. One thousand four hundred and forty-three cases are pending in the Courts. With these exceptions, the agreements constituting the first UNHCR Indemnification Fund and the Supplementary Indemnification Fund - as well as Art. 6 of the Federal Republic's Final Indemnification Law³ were thus fully implemented. Of 5,961 cases, 3,194 were settled positively by the Federal Administration Office and 2,269 cases by agreement either in or out of court. By 31 July 1975, 3,309 refugees were receiving a regular monthly pension averaging DM 464.

4. By 31 July 1975, appeals in respect of 8,257 cases had been filed against negative decisions, 1,443 of which were still awaiting a decision, as shown in more detail below;

Appeals against Cases pending

Courts concerned negative decisions on 31 July 1975

Lower Court⁴ at Cologne 6,276 1,076

Higher Court⁵ 1,650 249

Federal Court⁶ 331 118

Total. 8,257 1,443

1 The first UNHCR Indemnification Fund established on the basis of the Agreement concluded between UNHCR and the Government of the Federal Republic of Germany on 5 October 1960, the Supplementary Indemnification Fund put at the High Commissioner's disposal according to the Agreement concluded between the UNHCR and the Federal Republic on 24 November, 1966, the Residual Indemnification Fund, constituted from reimbursements.

2 "Bundesverwaltungsamt".

3 "Bundesentschädigungsschlussgesetz".

4 "Landesgericht".

5 "Oberlandesgericht".

6 "Bundesgerichtshof".