human rights
coordination centre
a cooperative
effort of
OHR, OSCE, OHCHR,
UNMiBH AND UNHCR within the
OFFICE OF THE
HIGH REPRESENTATIVE
HRCC Human Rights Quarterly
Report
FEBRUARY 2000 - MAY 15, 2000
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The HRCC Human Rights Quarterly Report is based on the regular and special reporting of inter-governmental and non-governmental organisations. The aim of the Report is to provide a concise overview of human rights issues, cases and trends affecting the overall human rights situation in Bosnia and Herzegovina during the reporting period. Questions on specific items should be directed to the reporting organisation or to the HRCC. Please send information for inclusion in the report to 387-71-447-420 to the attention of Lene Madsen, Sirpa Rautio, or Eric Frejabue, or by e-mail to lene.madsen@ohr.int,sirpa.rautio@ohr.int,
or eric.frejabue@ohr.int
- High Representative imposes ban on all transfers of socially owned land
- Rash of incidents in Eastern RS as return season begins
- SFOR detains 3 alleged war criminals, including most high ranking to date
- UNMIBH and OHCHR release a report on trafficking on human beings more than 180 trafficked women found in BiH since March 1999
- Children's Embassy opens hotline for abused children; 362 calls received in 2 months
- Steps towards independent impartial judiciary; key laws in place in both Entities
- Three Ombudsmen appointed for Republika Srpska
Right to Return / Right to Property
Developments in Property Legislation
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Ban on Allocation of All Socially-Owned Land: On 27 April 2000 the High Representative imposed a Decision to ban the re-allocation of socially-owned land in both Entities. This decision extends the 26 May 1999 Decision, which banned the reallocation of certain categories of socially owned land, such as socially-owned land used for cultural or religious purposes. The Decision is intended to curb the allocation of socially owned land for the purpose of constructing new accommodation, which would be allocated in a discriminatory manner in favour of one ethnic group. The Decision stipulates that OHR may provide local authorities with a written waiver of the Decision if the relevant authorities can demonstrate that their proposed re-allocation serves a legitimate social aim and that any construction will be allocated in a non-discriminatory manner.
- Extension of Deadline for Purchasing of Apartments in the Federation: The Federation Government extended the deadline for purchasing apartments, for those persons not displaced from their socially-owned accommodation, until September 6, 2000. This was done due to information that only a very small percentage of persons entitled to purchase their apartments have actually done so to date. This does not affect those persons who are in the process of repossessing socially-owned property and who will under current law have the right to purchase their flats two years after actual repossession.
- Expiry of Deadline for Claiming Socially-Owned Apartments in the RS: The deadline for claiming socially-owned apartments in the RS expired on April 19. However, people who submitted or attempted to submit their claims with the responsible housing authority within the deadline, but encountered difficulties, have until 18 June 2000 to file a claim with the Commission for Real Property Claims (CRPC). Categories of persons covered include people who tried to submit a claim with the responsible housing authority before April 19 deadline, but were prevented from doing so and can document their unsuccessful attempts; people who successfully submitted their claim, but did not receive a decision within 45 days; and those who received a negative decision from the housing authority can file a claim with the CRPC.
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Passage of the Law on Privatization of Socially-Owned Apartments: On 28
April 2000, the RS National Assembly passed the Law on Privatization of
Socially-Owned Apartments, including last minute amendments put forward
by the Government. Among the amendments is an article stipulating that
there is no required occupancy period of socially-owned property before
the occupant is permitted to purchase the flat; as well as an article allowing
the possibility of exchange of socially-owned property. At the time of
the writing of this report
Implementation of the Property Legislation:
Statistical Update:
Number of | Federation | RS | BiH |
Claims | 115,179 | 95,875 | 210,054 |
Decisions | 38,310 (33%) | 17,697(18%) | 56,007 (26.6%) |
Repossessions | 15,565 (14%) | 6,696 (7%) | 22,261 (10.6%) |
The statistics are current until end of March 2000. These numbers do NOT include Brcko. These figures are based on the self-reporting of municipalities, and only provide a general indication of trends.
- General Trends: During the reporting period positive developments in the processing of property claims and implementing property decisions, including CRPC decisions, were noted in some parts of BiH. Nevertheless, a substantial number of housing authorities (particularly in Cantons 7, 8 and 10) are not making progress in processing claims for the return of real property, both private housing and socially- owned apartments. It is therefore worth noting that the above statistics regarding Federation are being considerably lowered by the poor implementation of the Croat controlled Cantons. Some housing authorities, as well as courts, wrongfully claim that a lack of alternative accommodation for the temporary occupants prohibits them from implementing the laws. Moreover, it is apparent that some housing officials are refusing to provide alternative accommodation to persons who are entitled to such accommodation under the property laws.
- Successes in Implementation in Una Sana Canton: Implementation of property laws is proceeding most smoothly in Canton 1 (Una Sana). All eight municipalities are demonstrating not only improved rates of decision-making on claims, but also significant rates of reinstatement of owners and occupancy right holders. For example, in Bihac, decisions have been made in approximately 76% of cases for both socially owned and private property, and reinstatements of the original right holder have occurred in some 13% of cases for socially owned property and in approximately 30% of private property cases. Progress is most evident in Velika Kladusa, where decisions have been issued in 94% of all cases for socially owned property, and 100% of all private property cases. 24% of socially owned property cases have resulted in reinstatement, and 41% of private property cases have resulted in the same. Velika Kladusa is likely to be the first municipality in BiH to have issued decisions on all cases.
- Croat-controlled areas remain slowest to implement property laws: The process of property law implementation remains blocked in Croat controlled municipalities. In Mostar South West, for example, a new head of the Housing Office was only appointed in early April, following the dismissal of the previous head by the High Representative in November 1999. In Mostar West, a new head of the Housing Office has been appointed, and although there have been some decisions made, no evictions have been carried out to date. However, there have been some positive developments: in the new Mostar South West office, a number of staff have been appointed; in Capljina, housing officials have been appointed, and terms of reference for the double occupancy commission have been established. The first eviction notices were issued in Mostar West in March; the first forcible eviction took place in Ljubuski in April; and the housing office in Stolac issued its first decisions in mid-April. In Drvar, as well, the Housing Office started receiving and deciding housing claims in March, when 13 decisions were made. Despite these positive developments, it still remains to be seen whether the new housing bodies are willing to start the implementation of the property laws.
- Implementation in the RS Remains Slow: During the reporting period, there has been minor improvement in the implementation of property law in the RS. The overall rates remain below those in the Federation. It should be noted, however, that this can partially be due to the fact that the RS passed the legislation 8 months after the Federation authorities. The RS government has been slow to identify alternative accommodation, and double occupancy, by and large, remains untackled. Although the 19 April 2000 deadline for claiming socially-owned property has expired, the RS authorities have failed to ensure that unclaimed properties are vacated, in order to allow for alternative accommodation.
- Threats to Housing Authorities in some Parts of BiH: During the reporting period a number of housing authorities, responsible for property law implementation have been threatened and/or assaulted. In Cazin (Fed), the housing board director received numerous threats in February and in April, the Head of the Banja Luka OMI resigned after receiving threats. The latter had been under strong pressure not to carry out evictions of Croatian Serbs and war veterans occupying property. In late April, the head of the housing authority in Bijelijna (RS) was stabbed. On 29 April, the head of Stolac Housing Board was beaten up by an alleged double occupant, who also tried to stab him. The victim was hospitalized with serious injuries. Local police did not respond adequately and the case was reported to the IPTF. Subsequently the IPTF issued two non-compliance reports against the local police and continues to monitor the investigation into the incident by the local police. It appears that these assaults have taken place in response to movements in property law implementation in the respective areas.
- PEC Rule 7.16 Results in Removals from Candidate Lists: Since the introduction of the PEC (Provisional Election Commission) Rule 7.16 in December 1999, a total of 54 persons from the candidate lists for the municipal elections were removed; 52 were removed prior to the elections and 2 after the elections. According to this rule, individuals occupying property on which there is an administrative decision, CRPC decision, or Court decision could be struck from the candidate lists. The Rule also applies to sitting representatives, but none have yet been removed. According to the OSCE sources, for every candidate removed, several more have vacated voluntarily the property they occupied.
- Need for Alternative/Emergency Accommodation: With moderate successes in some areas with respect to implementation of the property laws, alternative accommodation is increasingly becoming an issue. The issue is most acute for illegal occupants, who, under current property laws are not entitled to alternative accommodation when evicted, although if they are displaced persons, they will be entitled under the Law on Refugees and Displaced Persons. In some areas, most notably Sarajevo, local authorities are reluctant to offer alternative accommodation to illegal occupants who are displaced despite their legal obligation to do so. Where those evicted are vulnerable populations, including ex-camp detainees, rape victims, or others for whom return may not be a viable option, this is revealing a need for humanitarian housing. Some municipalities have recently approached the international community, which is pressing for property implementation and asked formally for one year-extensions of rights for temporary users, due, apparently, to lack of alternative accommodation.
- Temporary Secondary Allocation of Apartments: There are indications throughout BiH that there is ongoing misuse of municipal housing stock, which should otherwise be available for alternative accommodation. In Sarajevo, for example, there are reports that secondary allocation of accommodation is provided by the housing authorities to people who do not meet the criteria defined in the legislation. In many municipalities there are indications that available housing stock is given to officials and other influential persons, rather than being used for humanitarian and social housing.
- Border Police as Illegal Occupants: The border police in Trebinje (RS) have been working out of a private house, owned and claimed under the law by a Bosniak displaced person. After many attempts by the international community in Trebinje to solve the problem, the police unit moved out on 26 April 2000 and has now rented new premises where ownership is not contested.
- Housing Office/OMI Budgets Continue to be Inadequate: The international community continues to be engaged in the budgetary processes of the local housing authorities. The budgets still do not provide the resources needed to fulfil obligations to implement property legislation, and to provide temporary solutions for those in displacement without infringing on the rights of others.
- Federation Fails to Compensate Owners on Livno-Glamoc Firing Range: Despite repeated requests from the property owners, the Federation authorities have so far failed to provide payment to the vast majority of land owners affected by the expropriation process for the creation of the Livno-Glamoc Firing Range. The expropriation of land effects approximately 250 registered property owners (and in total some 700 property owners), whose property is located in the vicinity of the military training centre in Livno and Glamoc (in Canton 10). To date, the Federation has set aside 250,000 KM for compensation of property owners, but has only paid compensation to three affected persons. On 29 November 1999 the Human Rights Chamber issued Provisional Measures on behalf of 11 claimants, ordering the Federation to "refrain from any action, especially continuation of military exercises, causing further harm to the applicants' properties." In April alone, 46 additional cases of affected property owners were referred to the Human Rights Chamber.
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