The United Nations Compensation Commission (UNCC) was created in 1991 as a subsidiary organ of the UN Security Council with a mandate to process claims and pay compensation for losses and damage suffered as a direct result of Iraq’s unlawful invasion and occupation of Kuwait.
Nineteen Panels of Commissioners reviewed and evaluated the claims submitted by governments, international organisations, companies and individuals. About 2.7 million claims, with an asserted value of $352.5 billion, were filed with the Commission. The panels reported their recommendations to the Governing Council for approval.
The Panel considered the relevant background facts, in particular the estimated number of expatriates resident in Iraq and Kuwait and the departure patterns identified amongst Kuwaitis and expatriates, which have been noted in the Background Reports. As described in the panel reports, over two thirds of the Kuwaiti population fled the country, while nearly a million foreign workers left Kuwait and Iraq and returned to their home countries.
The Egyptian Workers’ Claims comprise approximately 1.24 million claims for about US$491 million, being the dollar value of funds deposited by Egyptian workers into banks in the Republic of Iraq for transfer to beneficiaries in the Arab Republic of Egypt, in accordance with agreements between Egypt and Iraq. The transfer of these funds ceased following the invasion of Kuwait by Iraq on 2 August 1990.
The dislocation and disruption created by conflicts or natural disasters can have significant and severe consequences for the socio-economic wellbeing of migrants and their families. Migrant workers often support themselves and their immediate and extended families, whether they are with them in the host State or in States of origin. Conflicts and natural disasters can stem the flow of income to migrants and curtail remittances to their families. Technical facilities to remit money can be disrupted. Currency devaluations and changes in exchange rates can affect migrants’ savings and assets. Education opportunities for student migrants can be indefinitely suspended. Xenophobia and discrimination against migrants may increase. Post-crisis conditions in host States and States of transit may allow trafficking of persons and other exploitative arrangements to thrive.
Migrants and their families who return to States of origin after prolonged stays in a host State can experience difficulty finding employment and housing and reintegrating. Reintegration may be especially difficult for victims of trafficking, individuals who experienced sexual and gender-based violence in the host State, children born to migrants in host States who have no experience of the culture in the parents’ State of origin, and migrants who have been abroad for extended periods of time. Possible interventions include cash assistance to address immediate needs, psychosocial counseling, health care, physical rehabilitation, family tracing services, assistance to recover outstanding wages, assets and property, compensation to address losses, and much more. Efforts to restore income for those migrants who return to their States of origin may include certification and recognition of skills, education, and training acquired abroad. Many migrants may seek opportunities to acquire new skills upon return. For various reasons, including to revive their incomes, others may seek opportunities to remigrate back to host States once the crisis has subsided or migrate to other countries.
Migrants who remain in their host States can also experience difficulty resuming their previous lives. They will require many of the same support services as migrants who return to their States of origin, such as cash assistance, health care, psychosocial and other counseling, family tracing, compensation, assistance to recover outstanding wages, assets, and property, and efforts to restore income, employment, and education opportunities. Like citizens, migrants’ post-crisis needs should be factored into host State recovery plans and programs at the national and local levels. States may decide to review immigration and visa rules to provide latitude for migrants who wish to remain in the host State to do so legally. Efforts that leverage the solidarity of migrants who remain in host States towards their host communities and societies could counteract xenophobic and discriminatory attitudes.
Sample Practices
Access to remedies to recover lost property and assets, outstanding wages, pensions, and other benefits.
Engagement of migrants in host-State reconstruction efforts.
Flexible immigration procedures to enable migrants to retain regular immigration status.
Registration, assessment, and recognition of returned migrants’ needs and skills.
Immediate reintegration support, including cash and medical assistance.
Income and employment regeneration assistance, including assistance with remigration.
Certification mechanisms for skills, education, and training acquired abroad.