 |
Federation Forum
Chairman's Conclusions: Annex 1 & 2
Sarajevo, 12 November 1997
|
Annex One
Draft Law on the Cessation of Application of the Law on Temporary
Abandoned Real Property Owned by Citizens
Article 7 shall be amended to read as follows:
- If a temporary user who has been ordered to vacate the property
pursuant to the provisions of this Law has no possibility to return to
the apartment in which he was living until 30 April 1991 and no other
housing unit satisfying the requirements of emergency accommodation has
been provided to him/her, the competent office of the municipality on
the territory of which s/he enjoyed the latest domicile or residence
shall, within the deadline set by the decision for his/her vacation of
the property, provide him/her with an emergency accommodation, or an
appropriate accommodation if, pursuant to Article 8(4) of the Law on
Housing Relations, this person cannot be lodged in an emergency
accommodation.
- The person occupying the property without a valid legal title shall
be provided with neither an emergency nor an appropriate accommodation.
- In no event shall the municipality's failure to meet its obligation
set in Paragraph 1 of this Article operate to delay the ability of an
owner to reclaim his property.
Article 12 (3) shall be amended to read as follows:
The deadline for vacating the property set by a decision under the
previous paragraph shall be the later of:
- 90 days from the date the decision is issued; or
- the date of intended return of the owner.
In exceptional circumstances, the above deadline may be extended up to
one year if the municipality responsible for providing alternative
accommodation in accordance with Article 7(1) provides detailed
documentation regarding its efforts to secure alternative accommodation
to the Ministry of Urban Planning, and upon a finding by the Ministry
with which the OHR concurs, that there exists a documented absence of
available housing in the municipality.
The current Article 12(5) shall be deleted.
Annex Two
Draft Law on Taking Over the Law on Housing Relations
In Article 3, the last paragraph shall be amended to read as follows:
Provisions of Paragraph 1, Item 7 of the Article shall apply only to
holders of occupancy rights whose contract on the use of the apartment
has been cancelled and who have the right to return to their homes of
origin under Annex 7, Article 1 of the General Framework Agreement for
Peace in Bosnia and Herzegovina. Persons who left their apartments
since 30 April 1991 are presumed to be refugees and displaced persons
under Annex 7 absent a showing that they left their apartments for
reasons wholly unrelated to the conflict.
|