STRUCTURE
Steering Board:
Membership: Special Representative of President Izetbegovic, Cantonal
Ministry for Refugees, Cantonal Ministry for Spatial Planning, CRPC, EC,
OHR , UNHCR, other donors.
Observer: Coalition for Return, others t.b.c..
Chair: appointed by the High Representative
Duties: The Steering Board members are committed to work within their
respective field of competence/authority to ensure the full implementation
of the SHC mandate. The Steering Board will meet weekly or as required to
certify allocation decisions prepared by the Secretariat (the Ministry for
Spatial Planning will sign on behalf of the SHC). The Steering Board will
decide on allocation procedures and procedural amendments, and review
potential appeals.
Secretariat:
Membership: CRPC, OHR, Cantonal Ministry for Refugees (Repatriation and
Return Unit), Cantonal Ministry for Spatial Planning, municipal housing
authority.
Chair: OHR-based Executive Secretary.
Duties: The Secretariat will review and present decisions for Steering Board
certification. The Secretariat is responsible for monitoring the
implementation of Steering Board decisions. The Secretariat will ensure that
adequate publicity is given to SHC decisions to establish its credibility
with the general public and minority groups.
Project Office: The Project Office, consisting of the Executive Secretary
plus 2-3 specially recruited local staff, will manage the daily work of the
Secretariat, prepare decisions for Secretariat review and referral, and
co-ordinate the various tasks delegated to Secretariat members in accordance
with the procedures described in section 3 (infra.). The Project Office is
also the main contact point for inquiries from potential returnees and other
interested parties. Its staff will play a pro-active role in tracing
potential returnees.
PROCEDURES
Categories of Apartments
The SHC distinguishes between three categories of socially-owned apartments:
Category I: Vacant units to be reconstructed
Category II: Temporarily occupied units to be freed up through
the elimination of multiple occupancy
Category III: Temporarily occupied units housing displaced persons
without immediately available alternative accommodation.
SHC Priorities for the First Phase
The SHC will focus in the initial phase on Categories I and II. Return of
pre-war tenants to these categories does not involve eviction of persons
without alternative accommodation. (Note: Multiple occupancy, by
definition, implies that those who live there now have other apartments
which they can move to. The Cantonal authorities' planned housing survey
will form a basis on which to identify Category II apartments).
Procedure for Return to Category I Apartments
I.1.Using the CRPC claims database, search for the buildings with a high
percentage of claims filed as a proportion to the total number of
apartments.
I.2. IMG or NGO to determine which buildings of those identified from the
CRPC database are completely or mostly uninhabited, and need repair
I.3. Using CRPC contact information, the SHC Project Office should contact
claimants to inquire whether they want to return (regardless of what was
chosen on the claim form - they may change their minds if they know the
building will be repaired)
I.4
- If the pre-war tenant wants to return and the apartment
is vacant, then the tenant will return after the completion of
reconstruction;
- If the pre-war tenant does not want to return, then proceed to
secondary allocation (see infra).
I.5. Building reconstruction begins (NGO/donor)
I.6. CRPC makes a "decision" on all claimants of the chosen buildings based
on a statement of fact (i.e. supporting documentation that the claimant was
the pre-war tenant as at 1 April 1992).
I.7. CRPC prints official CRPC certificate, which claimant collects from the
regional office where the claim was filed. (Certificate states that the
person was the pre war occupant but makes no decision in regard to return,
sale or transfer of right.)
I.8. Tenant takes CRPC certificate to the SHC project office (possibly
located at CRPC's Sarajevo Regional Office) to have the apartment
"allocated."
I.9. A SHC allocation document is given to the claimant upon presentation of
the CRPC certificate. The SHC document will carry the stamp of the relevant
Cantonal authoriy.
I.10. Tenant shows CRPC certificate with attached SHC document to the NGO
repairing the building in order to collect the keys to the repaired
apartment.
Procedure for Return to Category II Apartments
(Starting 01/01/98, unless otherwise agreed)
II.1. One month before the end of each quarter, the Cantonal Ministry for
Spatial Planning will provide the SHC Secretariat with the addresses and
names of pre-war tenants of an agreed number of Category II apartments to be
freed up any day during the first month of the next quarter on request of
the SHC with one week's notice. For the first quarter of 1998, the number
of Category II apartments to be vacated in this manner is set at 1,000 (one
thousand).
II.2 The SHC project office will advertise the list of addresses (no name)
within 1 week of receiving them from the Cantonal Ministry, along with
information on how to file a claim.
II.3. The CRPC will perform an independent check on pre-war occupancy right
holder(s);
II.4. Using CRPC and other available contact information, the SHC Project
Office will start an active search for pre-war tenants to inquire whether
they want to return
II.4A. If the pre-war tenant wants to return,
i) he/she must file a claim with CRPC within 60 days of the date of SHC
advertising the apartments to be claimed;
ii) CRPC verifies the claim and prints official CRPC certificate, which
claimant collects from the regional office where the claim was filed.
(Certificate states that the person was the pre war occupant but makes no
decision in regard to return, sale or transfer of right).
iii) Tenant takes CRPC certificate to the SHC project office (possibly
located at CRPC's Sarajevo Regional Office) to have the apartment
"allocated".
iv) SHC allocation document is given to the claimant upon presentation of
the CRPC certificate. The SHC document should be stamped by a relevant
local authority (e.g. Ministry of Spatial Planning).
v) Tenant shows CRPC certificate with attached SHC document to the relevant
authorities in order to collect the keys to the apartment within one month
of the date when the apartment has been vacated.
II.4B.If the pre-war tenant does not want to return or does not file a claim
with the CPRC within two months of date of SHC advertising
i) proceed to temporary secondary allocation (see infra)
Procedure for Secondary Allocation
[Note: secondary allocation can take place on a temporary basis only, until
the entry into effect of new property legislation, and will cease to be
possible after this date].
- If the pre-war tenant either submits a written waiver of his/her
occupancy right; or fails to submit a claim within two month of SHC
advertising,
- then the SHC proceeds to temporary allocation of the apartment in
question, with first priority given to persons affected by the return of
refugees or displaced persons wait-listed with the Cantonal authorities for
alternative accommodation.
- The Ministry of Spatial Planning will issue a temporary occupancy
certificate which carries both the Ministry's and the SHC's stamp.
- Tenant shows temporary occupancy certificate with SHC stamp to the
relevant authorities in order to collect the keys to the apartment.
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