 |
Chapter One: Protection
Article I: Rights of Refugees and Displaced Persons
- All refugees and displaced persons have the right freely to return to their
homes of origin. They shall have the right to have restored to them property of
which they were deprived in the course of hostilities since 1991 and to be
compensated for any property that cannot be restored to them. The early return
of refugees and displaced persons is an important objective of the settlement of
the conflict in Bosnia and Herzegovina. The Parties confirm that they will
accept the return of such persons who have left their territory, including those
who have been accorded temporary protection by third countries.
- The Parties shall ensure that refugees and displaced persons are permitted
to return in safety, without risk of harassment, intimidation, persecution, or
discrimination, particularly on account of their ethnic origin, religious
belief, or political opinion.
- The Parties shall take all necessary steps to prevent activities within
their territories which would hinder or impede the safe and voluntary return of
refugees and displaced persons. To demonstrate their commitment to securing full
respect for the human rights and fundamental freedoms of all persons within
their jurisdiction and creating without delay conditions suitable for return of
refugees and displaced persons, the Parties shall take immediately the following
confidence building measures:
- the repeal of domestic legislation and administrative practices with
discriminatory intent or effect;
- the prevention and prompt suppression of any written or verbal incitement,
through media or otherwise, of ethnic or religious hostility or hatred;
- the dissemination, through the media, of warnings against, and the prompt
suppression of, acts of retribution by military, paramilitary, and police
services, and by other public officials or private individuals;
- the protection of ethnic and/or minority populations wherever they are found
and the provision of immediate access to these populations by international
humanitarian organizations and monitors;
- the prosecution, dismissal or transfer, as appropriate, of persons in
military, paramilitary, and police forces, and other public servants,
responsible for serious violations of the basic rights of persons belonging to
ethnic or minority groups.
- Choice of destination shall be up to the individual or family, and the
principle of the unity of the family shall be preserved. The Parties shall not
interfere with the returnees' choice of destination, nor shall they compel them
to remain in or move to situations of serious danger or insecurity, or to areas
lacking in the basic infrastructure necessary to resume a normal life. The
Parties shall facilitate the flow of information necessary for refugees and
displaced persons to make informed judgments about local conditions for return.
- The Parties call upon the United Nations High Commissioner for Refugees
("UNHCR") to develop in close consultation with asylum countries and the Parties
a repatriation plan that will allow for an early, peaceful, orderly and phased
return of refugees and displaced persons, which may include priorities for
certain areas and certain categories of returnees. The Parties agree to
implement such a plan and to conform their international agreements and internal
laws to it. They accordingly call upon States that have accepted refugees to
promote the early return of refugees consistent with international law.
Article II: Creation of Suitable Conditions for
Return
- The Parties undertake to create in their territories the political,
economic, and social conditions conducive to the voluntary return and harmonious
reintegration of refugees and displaced persons, without preference for any
particular group. The Parties shall provide all possible assistance to refugees
and displaced persons and work to facilitate their voluntary return in a
peaceful, orderly and phased manner, in accordance with the UNHCR repatriation
plan.
- The Parties shall not discriminate against returning refugees and displaced
persons with respect to conscription into military service, and shall give
positive consideration to requests for exemption from military or other
obligatory service based on individual circumstances, so as to enable returnees
to rebuild their lives.
Article III: Cooperation with International Organizations and
International Monitoring
- The Parties note with satisfaction the leading humanitarian role of UNHCR,
which has been entrusted by the Secretary-General of the United Nations with the
role of coordinating among all agencies assisting with the repatriation and
relief of refugees and displaced persons.
- The Parties shall give full and unrestricted access by UNHCR, the
International Committee of the Red Cross ("ICRC"), the United Nations
Development Programme ("UNDP"), and other relevant international, domestic and
nongovernmental organizations to all refugees and displaced persons, with a view
to facilitating the work of those organizations in tracing persons, the
provision of medical assistance, food distribution, reintegration assistance,
the provision of temporary and permanent housing, and other activities vital to
the discharge of their mandates and operational responsibilities without
administrative impediments. These activities shall include traditional
protection functions and the monitoring of basic human rights and humanitarian
conditions, as well as the implementation of the provisions of this Chapter.
- The Parties shall provide for the security of all personnel of such
organizations.
Article IV: Repatriation Assistance
The Parties shall facilitate the provision of adequately monitored, short-term
repatriation assistance on a nondiscriminatory basis to all returning refugees
and displaced persons who are in need, in accordance with a plan developed by
UNHCR and other relevant organizations, to enable the families and individuals
returning to reestablish their lives and livelihoods in local communities.
Article V: Persons Unaccounted For
The Parties shall provide information through the tracing mechanisms of the ICRC
on all persons unaccounted for. The Parties shall also cooperate fully with the
ICRC in its efforts to determine the identities, whereabouts and fate of the
unaccounted for.
Article VI: Amnesty
Any returning refugee or displaced person charged with a crime, other than a
serious violation of international humanitarian law as defined in the Statute of
the International Tribunal for the Former Yugoslavia since January 1, 1991 or a
common crime unrelated to the conflict, shall upon return enjoy an amnesty. In
no case shall charges for crimes be imposed for political or other inappropriate
reasons or to circumvent the application of the amnesty.
Chapter Two: Commission for Displaced Persons and
Refugees
Article VII: Establishment of the Commission
The Parties hereby establish an independent Commission for Displaced Persons and
Refugees (the "Commission"). The Commission shall have its headquarters in
Sarajevo and may have offices at other locations as it deems appropriate.
Article VIII: Cooperation
The Parties shall cooperate with the work of the Commission, and shall respect
and implement its decisions expeditiously and in good faith, in cooperation with
relevant international and nongovernmental organizations having responsibility
for the return and reintegration of refugees and displaced persons.
Article IX: Composition
- The Commission shall be composed of nine members. Within 90 days after this
Agreement enters into force, the Federation of Bosnia and Herzegovina shall
appoint four members, two for a term of three years and the others for a term of
four years, and the Republika Srpska shall appoint two members, one for a term
of three years and the other for a term of four years. The President of the
European Court of Human Rights shall appoint the remaining members, each for a
term of five years, and shall designate one such member as the Chairman. The
members of the Commission may be reappointed.
- Members of the Commission must be of recognized high moral standing.
- The Commission may sit in panels, as provided in its rules and regulations.
References in this Annex to the Commission shall include, as appropriate, such
panels, except that the power to promulgate rules and regulations is vested only
in the Commission as a whole.
- Members appointed after the transfer described in Article
XVI below shall be appointed by the Presidency of Bosnia and Herzegovina.
Article X: Facilities, Staff and Expenses
- The Commission shall have appropriate facilities and a professionally
competent staff, experienced in administrative, financial, banking and legal
matters, to assist it in carrying out its functions. The staff shall be headed
by an Executive Officer, who shall be appointed by the Commission.
- The salaries and expenses of the Commission and its staff shall be
determined jointly by the Parties and shall be borne equally by the Parties.
- Members of the Commission shall not be held criminally or civilly liable for
any acts carried out within the scope of their duties. Members of the
Commission, and their families, who are not citizens of Bosnia and Herzegovina
shall be accorded the same privileges and immunities as are enjoyed by
diplomatic agents and their families under the Vienna Convention on Diplomatic
Relations.
- The Commission may receive assistance from international and nongovernmental
organizations, in their areas of special expertise falling within the mandate of
the Commission, on terms to be agreed.
- The Commission shall cooperate with other entities established by the
General Framework Agreement, agreed by the Parties, or authorized by the United
Nations Security Council.
Article XI: Mandate
The Commission shall receive and decide any claims for real property in Bosnia
and Herzegovina, where the property has not voluntarily been sold or otherwise
transferred since April 1, 1992, and where the claimant does not now enjoy
possession of that property. Claims may be for return of the property or for
just compensation in lieu of return.
Article XII: Proceedings before the Commission
- Upon receipt of a claim, the Commission shall determine the lawful owner of
the property with respect to which the claim is made and the value of that
property. The Commission, through its staff or a duly designated international
or nongovernmental organization, shall be entitled to have access to any and all
property records in Bosnia and Herzegovina, and to any and all real property
located in Bosnia and Herzegovina for purposes of inspection, evaluation and
assessment related to consideration of a claim.
- Any person requesting the return of property who is found by the Commission
to be the lawful owner of that property shall be awarded its return. Any person
requesting compensation in lieu of return who is found by the Commission to be
the lawful owner of that property shall be awarded just compensation as
determined by the Commission. The Commission shall make decisions by a majority
of its members.
- In determining the lawful owner of any property, the Commission shall not
recognize as valid any illegal property transaction, including any transfer that
was made under duress, in exchange for exit permission or documents, or that was
otherwise in connection with ethnic cleansing. Any person who is awarded return
of property may accept a satisfactory lease arrangement rather than retake
possession.
- The Commission shall establish fixed rates that may be applied to determine
the value of all real property in Bosnia and Herzegovina that is the subject of
a claim before the Commission. The rates shall be based on an assessment or
survey of properties in the territory of Bosnia and Herzegovina undertaken prior
to April 1, 1992, if available, or may be based on other reasonable criteria as
determined by the Commission.
- The Commission shall have the power to effect any transactions necessary to
transfer or assign title, mortgage, lease, or otherwise dispose of property with
respect to which a claim is made, or which is determined to be abandoned. In
particular, the Commission may lawfully sell, mortgage, or lease real property
to any resident or citizen of Bosnia and Herzegovina, or to either Party, where
the lawful owner has sought and received compensation in lieu of return, or
where the property is determined to be abandoned in accordance with local law.
The Commission may also lease property pending consideration and final
determination of ownership.
In cases in which the claimant is awarded compensation
in lieu of return of the property, the Commission may award a monetary grant or
a compensation bond for the future purchase of real property. The Parties
welcome the willingness of the international community assisting in the
construction and financing of housing in Bosnia and Herzegovina to accept
compensation bonds awarded by the Commission as payment, and to award persons
holding such compensation bonds priority in obtaining that housing.
- Commission decisions shall be final, and any title, deed, mortgage, or other
legal instrument created or awarded by the Commission shall be recognized as
lawful throughout Bosnia and Herzegovina.
- Failure of any Party or individual to cooperate with the Commission shall
not prevent the Commission from making its decision.
Article XIII: Use of Vacant Property
The Parties, after notification to the Commission and in coordination with UNHCR
and other international and nongovernmental organizations contributing to relief
and reconstruction, may temporarily house refugees and displaced persons in
vacant property, subject to final determination of ownership by the Commission
and to such temporary lease provisions as it may require.
Article XIV: Refugees and Displaced Persons Property
Fund
- A Refugees and Displaced Persons Property Fund (the "Fund") shall be
established in the Central Bank of Bosnia and Herzegovina to be administered by
the Commission. The Fund shall be replenished through the purchase, sale, lease
and mortgage of real property which is the subject of claims before the
Commission. It may also be replenished by direct payments from the Parties, or
from contributions by States or international or nongovernmental organizations.
- Compensation bonds issued pursuant to Article XII(6)
shall create future liabilities on the Fund under terms and conditions to be
defined by the Commission.
Article XV: Rules and Regulations
The Commission shall promulgate such rules and regulations, consistent with this
Agreement, as may be necessary to carry out its functions. In developing these
rules and regulations, the Commission shall consider domestic laws on property
rights.
Article XVI: Transfer
Five years after this Agreement takes effect, responsibility for the financing
and operation of the Commission shall transfer from the Parties to the
Government of Bosnia and Herzegovina, unless the Parties otherwise agree. In the
latter case, the Commission shall continue to operate as provided above.
Article XVII: Notice
The Parties shall give effective notice of the terms of this Agreement
throughout Bosnia and Herzegovina, and in all countries known to have persons
who were citizens or residents of Bosnia and Herzegovina.
Article XVIII: Entry into Force
This Agreement shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
Office of the High Representative
|