Peace Implementation Agenda for the Remainder of 1998
Return of Refugees and Displaced Persons
- The phased and orderly return of refugees and displaced persons,
including returns to Sarajevo, is crucial to a lasting peace and the
development of a viable multi-ethnic Bosnia and Herzegovina, in which no
minority will consider itself to be discriminated against.
- The Steering Board reiterates the fundamental right in accordance with
the Peace Agreement of all refugees and displaced persons freely to return
to their homes of origin. The Steering Board condemns in the strongest terms
the recent incidents of violence in Drvar, Stolac, Derventa and elsewhere
and insists that those responsible be brought to justice. We support use of
the High Representative's authority to remove any public official who
infringes this right or attempts to prevent returns.
- While welcoming the results of the Sarajevo and Banja Luka Returns
Conferences, the Steering Board is disappointed by the insufficient progress
toward the agreed targets. It urges the relevant authorities to accelerate
implementation and remove immediately all remaining political, legal and
administrative obstacles to minority returns.
- The Steering Board fully supports the efforts of the High
Representative, working with the Reconstruction and Return Task Force (RRTF)
and the Economic Task Force, to apply strict conditionality as well as
encouraging positive linkages in support of return. It reiterates its
support for initiatives such as the 'Open Cities', and highlights the need
for Sarajevo and Banja Luka to meet the criteria to be declared 'Open
Cities'. It also welcomes the Regional Return Strategy presented by the
UNHCR (which outlines four sustainable solutions, namely voluntary return to
their pre-conflict homes as the preferred solution, as well as local
integration, resettlement and relocation) and calls upon all the parties to
cooperate in its implementation. The Steering Board asks the High
Representative and the UNHCR to report regularly on the parties' progress in
implementing the plan. It further urges that the links between the RRTF and
relevant actors in neighboring countries be further developed.
- The Steering Board calls upon authorities in both Entities to enable the
UNHCR to organise a census/registration of displaced persons, refugees, and
returnees. It is essential that the High Representative, the UNHCR and the
Steering Board have accurate data in order further to implement Annex 7 of
the Peace Agreement.
- As a consequence of the war, many citizens of Bosnia and Herzegovina
have been displaced from places where their personal records are held and
personal documents were issued. The full access of individuals to their
personal documentation is a necessary condition to support the process for
return. The authorities of Bosnia and Herzegovina should, in cooperation
with the international community, put in place mechanisms, by 1 August 1998,
to ensure citizens of Bosnia and Herzegovina have full access to personal
documentation.
- Public security is crucial, particularly at this juncture. The Steering
Board warmly commends the work of UN IPTF. Until the police are fully
restructured, SFOR should continue providing a security environment
conducive to civilian peace implementation. In this regard, police have
primary responsibility for public security, closely monitored by the UN
IPTF, with SFOR support as appropriate. The Steering Board encourages all
members to ensure adequate funding for continued police reform efforts,
especially given the critical requirement for security in connection with
returns. The Multinational Specialized Unit (MSU) within SFOR, with the
same mandate as other SFOR elements, will enhance SFOR's ability to support
the local authorities in responding to civil disorder, without engaging in
police functions, including in situations related to the return of refugees
and displaced persons and the installation of elected officials.
- In this regard, the Steering Board encourages active coordination by the
High Representative of the local police, together with SFOR and UN IPTF, in
developing and implementing security planning for refugee returns with
UNHCR.
- The adoption and effective implementation of new property and housing
legislation in both Entities are essential to enable individuals to return
to their pre-war homes. The Steering Board welcomes the entry into force of
the property legislation in the Federation on 4 April 1998. In Republika
Srpska, draft legislation acceptable to the High Representative must be
finalized and passed by 31 August 1998. The Steering Board urges the
Federation authorities to take immediate steps to ensure full implementation
of the legislation. If this obligation is not met, the Federation
authorities must extend the deadline for pre-war residents of socially owned
apartments to apply for the restoration of their occupancy rights.
Privatisation of apartments declared abandoned since 1991, including
military and police apartments, shall not occur except in accordance with
the Law on the Cessation of the Application of the Law on Abandoned
Apartments.
- The Steering Board welcomes the property options strategy developed by
the Commission for Real Property Claims of displaced persons and refugees.
The Steering Board affirms that resources for a property compensation fund
should be generated locally, and calls on the Entity governments to fund the
pilot project phase.
- Education in Bosnia and Herzegovina must contribute to the goals of
peace implementation, not present further obstacles to return. Textbooks in
use in public schools must be reviewed and offensive material removed before
the coming school year. Curriculum reform efforts in both Entities should
continue, with the assistance of relevant organizations, including UNESCO
and the Council of Europe. Special efforts should be made to develop a
common curriculum for teaching the recent history of Bosnia and Herzegovina
that fosters reconciliation and does not further inflame ethnic tensions.
The Steering Board requests the High Representative to draw up a plan to
carry this out by coordinating the agencies involved.
|