The High Representative, Wolfgang Petritsch, today met with
Kresimir Zubak, the BiH Minister for Human Rights and Refugees, Ramiz
Mehmedagic, the FBiH Minister for Urbanism, and Fikret Ferhatovic, the acting
FBiH Minister for Social Affairs, Displaced Persons and Refugees to discuss the
property laws. Mr Udo Janz, Deputy Chief of Mission of the UNHCR, and
representatives from OSCE attended the meeting too. The High Representative is
acutely aware that changes are urgently needed; the increase in the pace of
property law implementation has stalled over recent months, forcing many people
to wait before repossessing property, often in makeshift shelters. Many others
are being prevented from privatising their apartments.
Returnees' associations, interest groups and activists, as well
as housing officials, from across BiH have expressed concern that legal
measures, discussed for more than half a year, are still not in place.
Improvements to the legislation will reduce the possibility of manipulation and
delay, and will allow the speedier eviction of multiple occupants, and the
return of Displaced Persons and Refugees to their homes.
In October a Property Conference was held in Teslic, and was
attended by State and Entity officials. This was a positive step in the return
process and for the concept of ownership. Despite reaching an impressive level
of agreement and co-operation, resulting in many of the issues raised by
Federation and RS authorities being included in the amendments package, the
participants left certain issues unresolved. In Teslic it was agreed that
November 15th would be the deadline for harmonising the proposed
amendments. Moving this process forward now will benefit the development of BiH
as a functioning state, and will best serve the interests of refugees, who most
often form the most vulnerable levels of society.
The proposed amendments will ensure the full rights of refugees
and displaced persons to "freely return to their homes of origin", as guaranteed
by the Dayton Peace Agreement. The High Representative stressed that the waning
international financial support for BiH means that implementation, supported by
the International Community, must be accomplished over the short term.
The High Representative following extensive consultation with
the relevant State and Entity Ministries, and taking into consideration the
problems facing refugees from BiH, is well aware that a solution to the
amendments issue is required in the coming days. The High Representative duly
noted the request by the BiH Minister for Human Rights and Refugees for the use
of his powers under Annex 10 as a means of effecting a final decision on this
issue.
The High Representative highlighted the need to implement fully
the provisions of the law, mentioning specifically future amendments to property
laws and the allocation of socially-owned land. The High Representative appealed
to all authorities to abide by the ban on the allocation of socially-owned land,
and called on Entity ministries, to ensure that the relevant municipal
authorities uphold the rule of law.
The High Representative indicated his increasing concern with
regard to the allocation of socially-owned land, which in many cases is
allocated by municipal authorities without the required waiver from the High
Representative. The beneficiaries of these allocations should be aware that the
title to this property can be challenged, and the municipal functionaries who
approve them may be disciplined. The State Commission for Refugees has recently
set up a Working Group to address the issue of land allocation, which the High
Representative welcomed. The Working Group will consider existing policies on
land allocation, and future solutions.