Annex 4
DRAFT MECHANISM FOR ALLOCATION OF SOCIALLY-OWNED APARTMENTS TO PRE-WAR
OCCUPANTS
December 1997
- Selection of apartments - Reconstruction agencies, in liaison with
the appropriate cantonal / regional and municipal authorities, should select
living units for reconstruction which are currently unoccupied and whose
owners/allocation right holders have expressed, in writing, their agreement
to respect the principle that pre-war occupants will be given the first
right to return to their pre-war living units.
- Written confirmation of pre-war occupancy right - Pre-war occupancy
right holders and/or members of their households who wish to return to the
vacant living units must be given the opportunity to return to the vacant
living unit on completion of the rehabilitation works. In order to ensure
this right, a written confirmation is provided by the relevant cantonal or
regional body, the relevant municipal body, the owner and/or allocation
right holder of the living unit, stating that the pre-war occupancy rights
have been re-allocated to or retained by the returnees.
(Special procedure for Sarajevo: refer case to the Sarajevo Housing
Committee for decision; replaces steps 2 and 3 of this mechanism)
- Verification - The Commission for Real Property Claims (CPRC) is
available to conduct an independent check on the holder of the occupancy
right, where required or in cases of dispute, based on available evidence
and records.
- Advertisement of repair - to promote the return of displaced persons
and refugees to their pre-war socially owned living units included in
rehabilitation projects, competent Cantonal or regional authorities such as
the RRU - Repatriation/Return Unit, established by the Cantonal Government
in Sarajevo to deal with returning displaced persons and refugees - will
extensively advertise nationally and internationally the scope and nature of
the rehabilitation works and the mechanism for registering an intention to
return which may be done through BH Embassies, Consular Offices, UNHCR and
IOM in host countries. The CPRC claims data base may be consulted as well
for information about pre-war occupants who wish to reclaim their homes.
- Accepted documentation - The following documents are considered
sufficient to claim the repossession of the apartment: copy of identity
document, proof of occupancy right and copy of the household list.
- Timing and hand-over of apartment/keys - The pre-war occupant must
be given one month from the date of completion of the rehabilitation works
to collect the keys to the living unit and move into the unit.. It is not
necessary for all the pre-war household members to move in to the living
unit within the grace period nor is the return to the living unit solely
limited to these persons. At all times, during and after the
reconstruction, apartments will be protected by the relevant cantonal or
regional authorities in accordance with the law.
- Allocation to other persons than pre-war occupants - If the pre-war
occupant does not collect the keys to the living unit in accordance with the
above described procedure, the living unit may be temporarily allocated by
the relevant authorities to another family in need of shelter, provided the
agreement of the owner/allocation right holder has been sought accordingly.
The remaining rehabilitated vacant living units should be allocated to
relocating persons or displaced families, where their temporary relocation
will result in a vacant living unit in the city becoming available for the
return of its pre-war occupant.
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