IMPLEMENTATION OF THE RS PROPERTY LAWS
- Monitoring of the implementation of the claims process in the RS has been hampered by the current political crisis, as international organisations have greatly reduced their field presence in the RS during the reporting period. Available reports indicate that while administrative claims office have been established by the Ministry for Refugees and Displaced Persons in most municipalities, they have been extremely slow to commence operations, and a number of problems are occurring. These range from obvious forms of obstruction such as the refusal of the Banja Luka municipality to accept claims because the building for receiving such claims does not have central heating, administrative reasons such as the lack of availability of standard claim forms in the eastern RS, as well as a widespread shortage of basic facilities and trained staff. Other difficulties echo the obstruction carried out earlier in the Federation, and include the imposition of fees to obtain documents evidencing ownership or occupancy rights; the unwillingness of municipal authorities in the Federation to transfer required documents to RS municipal authorities, and unreasonably short opening hours of the municipal offices where claims are to be filed.
- The Decision issued by the High Representative on 1 April 1999 to extend the deadline for filing claims for socially-owned apartments applies only to the Federation. The deadline for claiming apartments in the RS remains 19 June 1999. Once international organisations are operating again in the RS, a review of the status of the claims process will be carried out. The High Representative has indicated that if the registration of claims does not improve dramatically in the coming months, he will have no hesitation in imposing an extension to the deadline.
CANCELLATION OF PERMANENT OCCUPANCY RIGHTS IN THE FEDERATION AND RS
- On 13 April, the High Representative issued four decisions under Annex 10 of the Dayton Agreement and Article XI of the Bonn PIC document amending provisions of the property laws in the RS and the Federation relating to permanent occupancy rights, as follows:
i. All permanent occupancy rights created between 1 April 1992 and 7 February 1998 in the Federation and 1 April 1992 and 19 December 1998 in the RS are canceled. People who acquired an apartment during or since the conflict will now be treated as temporary occupants under the claims procedure. If the apartment is not claimed at the expiry of the deadline, or if the claim is not successful, they will be permitted to remain in the apartment, and receive a new occupancy right (provided that they do not have other accommodation available to them). However, if the pre-war occupant successfully claims to return, they will be obliged to vacate the apartment. If they have spent their personal funds on repairing the apartment, they may claim reimbursement from the pre-war occupant, but only after the pre-war occupant has possessed the apartment.
ii. The High Representative's Decision of 5 November 1998, which suspends Art. 3(6) of the Federation Law on Cessation of Application of the Law on Abandoned Apartments as well as the sale of apartments to persons who acquired an occupancy right during and since the war, is repealed, as it is replaced by the above Decision.
- The permanent reallocation of apartments belonging to refugees and displaced persons has been one of the greatest obstacles to the return of refugees and displaced. Many thousands of apartments in the main cities throughout BiH were taken away from their original occupants according to the laws and administrative practices relating to abandoned property, which remained in force for more than two years after the end of the conflict. In the Federation, the law allowed local authorities to cancel permanently the occupancy rights of refugees and displaced persons, making the apartments available for reallocation. The law was condemned by OHR and many other observers as a clear violation of the Dayton Agreement and international human rights standards, but it continued to be applied until April 1998. In the RS, while the legal framework was different, very similar practices occurred.
- These apartments were then reallocated in an arbitrary and often illegal fashion. Many of the beneficiaries of these apartments were not people displaced as a result of the conflict; rather, they were given to people who were already residents of the city, in order to improve their housing situation. A result of this practice is the widespread multiple occupancy and misallocation of housing which now makes the implementation of Annex 7 of the Dayton Agreement so difficult.
- This problem has grown dramatically over the past year. In December 1997, when the Federation Government first proposed the adoption of laws permitting return to apartments, Sarajevo Canton officials estimated that approximately 5,000 apartments in Sarajevo had been permanently reallocated. By mid-1998, when implementation of the new property laws commenced, more than 12,000 permanent reallocations had taken place. Responsible Federation and Canton officials acknowledge that most of these reallocations were done illegally, even according to the inadequate laws in place at the time. While Sarajevo is the most extreme example, the problem is also severe in Mostar and other Federation cities.
- The Entity property laws (the Federation Law on Cessation of Application of the Law on Abandoned Apartments (Art. 3(6) & (7)), and the RS Law on Cessation of Application of the Law on Use of Abandoned Property (Art. 17) ) dealt with these new occupancy rights by permitting the authorities to allow the current occupants to remain in the apartments, and to reallocate returning refugees and displaced persons to other apartments, in accordance with 'Criteria' to be developed in consultation with OHR. As the allocation right holders had no alternative apartments to offer, these provisions were not capable of application consistently with Annex 7. In the Federation, many months of negotiations on 'Criteria' were not able to address this fundamental problem. As a result, the High Representative was obliged to suspend the application of this section of the Federation Law on 5 November 1998.
- On 13 April 1999, the High Representative also imposed an amendment to the RS Law on Housing Relations. The amendment is similar to the one already agreed with the Federation Government and had been accepted on principle by the RS Government. However, its adoption by the RS National Assembly had been delayed by the current political crisis, and a deadline of 31 August 1998 for its adoption set by the Luxembourg PIC had long since passed. The amendment removes the powers of courts under the Law on Housing Relations to cancel the occupancy rights of refugees and displaced persons on the grounds of their failure to use the apartment during their displacement. It also cancels all court decisions already made on this basis, and permits the pre-war occupant to claim for repossession the apartment in accordance with the administrative procedure which applies to other abandoned apartments.
- The amendment also repeals a section of the Law on Housing Relations which had been adopted in 1993, permitting the authorities to reallocate apartments on the grounds of space rationalisation. This provision was applied during the course of the war on a highly discriminatory basis, and constituted an impediment to the return of refugees and displaced persons. Decisions on reallocation of apartments made under these provisions are now cancelled, and the affected individuals may reclaim their apartments under the administrative claims procedure.
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