The document summarizes the main challenges and responses to human rights issues faced by Bosnia and Herzegovina relating to forced displacement during and after the Balkan conflicts of the 1990s. It discusses the massive scale of displacement that saw over 2 million people, or half the population, flee their homes. The Dayton Peace Agreement established a decentralized framework and protections for human rights and the rights of refugees and displaced persons to return home or receive compensation. However, challenges remain in fully implementing property laws and finding durable solutions for all those displaced by the conflicts.

1. Main Challenges and Responses in the Balkans:
Experience of Bosnia and Herzegovina

2. Human Rights in Situation of Forced Displacement:
Main Challenges and Responses in the Balkans
PRESENTATION BY: MARIO NENADIC, MINISTER FOR JUSTICE AND ADMINISTRATION OF CANTON SARAJEVO
COMMENTS BY: NERMINA DZEPAR-GANIBEGOVIC, MINISTRY FOR HUMAN RIGHTS AND REFUGEES OF BOSNIA AND HERZEGOVINA
December 3, 2018
INTERNATIONAL CONFERENCE
HUMAN RIGHTS PROTECTION IN SITUATION OF FORCED DISPLACEMENT:
EUROPEAN STANDARDS AND CONSTITUTIONAL JURISPRUDENCE

3. 1. CONSEQUENCES OF CONFLICTS AND DEVASTATING IMPACT TO POPULATION
Conflicts are generally related to human rights violations causing a devastating
impact to the affected population.
Tragic conflict in the Region as the General Framework Agreement for Peace in
Bosnia and Herzegovina signed at the end 1995 in Dayton defined war destructions
in the period from 1992 to 1995 resulted in huge direct and indirect demographic
losses and changes in BiH.
o more than 100.000 people were
o close to 25.000 people were officially recorded as missing
o number of military and civilian victims of war is outstanding
As the consequence of war
● mortality rate is increased
● natural population growth decreased

4. 2. FORCED MIGRATIONS AND DISPLACEMENT
Conflicts lead to forced migration, long-term displacement problems, and the
destruction of infrastructure. Social, political, and economic institutions are usually
permanently damaged.
From 1992 to 1995 some 2.2 million persons left their pre-war homes in BiH, which
is more than a half of the pre-war domicile population
 Out of this number, approx. 1.2 million refugees
 At the same time around 1 mil. persons displaced within BiH.
Aside from the devastating human impact of the Conflict more than 400,000
homes or almost half of all housing units in the country, were either partially or
completely destroyed.

5. 3. PEACE AGREEMENT
After the four years, the war ended In December 1995, with the signing of the
General Framework for Peace in Bosnia and Herzegovina, more often referred to as
the Dayton Peace Agreement (DPA).
Integral part of the DPA – Annexes/Agreements
Particularly important Annexes related to human rights and displacement:
 Annex IV (Constitution of BiH)
 Annex VI (Agreement on Human Rights)
 Annex VII (Agreement on Refugees and Displaced Persons)

6. 4. DECENTRALIZED CONSTITUTIONAL FORMATION
Bosnia and Herzegovina comprises of the two decentralized entities each governing
roughly one half of the state's territory:
 Republika Srpska (RS) and
 Federation of Bosnia and Herzegovina (FBiH)
The Federation of Bosnia and Herzegovina itself has a federal structure and consists
of 10 autonomous cantons.
13 CONSTITUTIONS:
 Constitution of Bosnia and Herzegovina
 2 entity constitutions (the Constitution of RS and the Constitution of FBiH)
 10 constitutions in Cantons of FBiH

7. 5. AGREEMENT ON HUMAN RIGHTS
This Agreement obliges the parties to ensure to all persons falling within their
jurisdiction the highest level of internationally recognized human rights and
fundamental freedoms as set forth in the Universal Declaration on Human Rights and
the European Convention on Human RightS and its five protocols:
 The right to life
 The right not to be subjected to torture or to inhuman or degrading treatment or
punishment
 The right to liberty and safety
 The right to a fair hearing in civil and criminal matters, and other rights relating
to criminal proceedings
 The right to private and family life, home, and correspondence
 Freedom of thought, conscience, and religion
 Freedom of expression
 Freedom of peaceful assembly and freedom of association with others
 The right to marry and to found a family
 The right to property
 The right to education

8. 6. AGREEMENT ON REFUGEES AND DISPLACED PERSONS
Chapter One: Protection
Article I: Rights of Refugees and Displaced Persons
„1. 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.“.....

9. 7. INTERNAL DISPLACEMENT AND HUMAN RIGHTS PROTECTION
States are obligated to securing full respect for the human
rights and fundamental freedoms of all persons within
their jurisdiction.
IDPs suffer from extraordinary vulnerabilities as a result
of being displaced so positive measures in the form of
specific protection and assistance should be undertaken
in order to prevent IDPs to be discriminated against in
relation to others.
NON-DISCRIMINATION AND EQUALITY BEFORE THE LAW
are among the most important rights in addressing
internal displacement.

10. 8. LEGAL FRAMEWORK AND POLICIES TO ENSURE PROTECTION
 General: Rules of international human rights law and
international humanitarian law, in particular the international
framework for protection of displaced persons as consolidated
in the Guiding Principles of Internal Displacement
 Specific: General Framework for Peace in Bosnia and
Herzegovina (Dayton Peace Agreement) – namely its Annex 7
(Agreement on Refugees and Displaced Persons)
Key Sources of Law on Refugees and Displaced Persons in BiH

11. 9. LAWS ON REFUGEES AND DISPLACED PERSONS
In order to protect the displaced during displacement, prevent
further displacement, in particular an arbitrary one and find
durable solutions once the causes of displacement no longer
existed, Bosnia and Herzegovina adopted a Law on Refugees and
Displaced Persons as soon as the conflict ended.
The Law containing minimum essential elements of state
regulation is a framework for laws passed by entities responsible
for IDPs under BH Constitution. These laws respond to needs of
detailed provisions addressing specific issues related to IDPs.
Integration of international standards in national laws is necessary to protect rights
of refugees and IDPs.

12. 10. ESSENTIAL ELEMENTS OF REGULATION
Unlike for refugees, in international law there is no legal definition of who
constitutes an "internally displaced person".
For the purpose of identifying IDPs due to their specific needs and entailments to
receive specific benefits status should be determined by provisions on:
• Acquisition and cessation of the status of an internally displaced person
In addition to status determination - minimal essential elements that should be
regulated are:
• Rights of IDPs and the method of exercising their rights;
• Manner of securing for the access to rights and means of support
• Competent authorities and their responsibilities

13. 11. RIGHTS OF PERSONS AFFECTED BY DISPLACEMENT
Rights of persons affected by Displacement as provided for by the Dayton Peace
Agreement:
 Right to return to former habitual residence
 Right to have their property returned and to recover occupancy right
 Right to be compensated for a property that cannot be restored to them
 Right to choose another permanent residence
 Rights to other consequential remedies

14. 12. RETURN OF REFUGEES AND IDPS IN/TO BIH
0
100.000
200.000
300.000
400.000
500.000
600.000
TOTAL Return 252.780178.575139.570 75.035 77.954 98.865 107.909 54.315 20.390 6.437 5.603 7.578 7.884 8.652 6.951
IDPs 164.741 58.295 29.570 43.385 59.347 80.172 70.775 40.303 17.948 5.164 4.184 4.516 7.359 7.759 5.791
Refugees 88.039 120.280110.000 31.650 18.607 18.693 37.134 14.012 2.442 1.273 1.419 3.062 525 893 1.160
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
2010-
2018

15. 13. RIGHTS FOR RETURN OF PROPERTY
The return of property is presumed to be an absolute lawful and
actual possibility of the owner/occupancy right holder to dispose
of this property in the manner he/she voluntarily decides upon.
The provisions to expedite the process of property and occupancy
rights repossession were related to the following:
 shorter legal procedure,
 30 days term for decision,
 preclusive term to apply for apartment return (later being
extended for several times),
 claim did not postpone the implementation,
 protective mechanisms for temporary users, etc.
This implementation was ongoing together with political and
other obstructions, incidents, different pressures, evictions,
frequent changes of regulations and relating to this constant
insecurity.

16. Implementation of Property Laws in Bosnia and Herzegovina

17. 14. RIGHT TO PROPERTY COMPENSATION
Compensation should be considered as an adequate
compensation or reimbursement in such volume in
which it ensures access to right to home for displaced
persons and refugees as a means of solving exclusively a
housing issue for those who, for objective reasons,
cannot return to their pre-war residential addresses,
and who, have not solved their housing issue in some
other way in the meantime.
Property and Compensation in the sense of the Annex VII DPA
“The term property is defined by Annex 7 to mean housing units, both privately and
socially owned ones. Thus, compensation would be an option for solving housing
issues only for the refugees and displaced persons who, due to objective reasons,
cannot return to their pre-war habitual residence addresses.”

18. 15. COMMISSION FOR DISPLACED PERSONS AND REFUGEES
ANNEX VII
Chapter Two: Commission for Displaced Persons and Refugees
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.“
PROPERTY FUND OF REFUGEES AND DISPLACED PERSONS,
ENVISAGED BY ANNEX VII DPA HAS NEVER BEEN ESTABLISHED!!!

19. 16. RIGHT OF IDPS TO CHOOSE ANOTHER PERMANENT RESIDENCE
„A refugee from BiH and a displaced person who may not or
does not want to return shall have the right to a free
selection of a different place of residence.
The selection of a different place of residence shall be
voluntary.“
Interpretation
 IDPs have the right to choose another permanent
residence. Another permanent residence has to be chosen
voluntarily and based on the objective information with
reference to all the facts relevant for making a choice
decision.
 By choosing another place of permanent residence IDPs
shall not confine those refuges and displaced persons who
have decided to return to their former habitual residence,
in their right to return.

20. 17. RIGHTS TO OTHER CONSEQUENTIAL REMEDIES
In addition to the rights pursuant to the Annex VII of the Dayton Peace Agreement
displaced persons enjoy other rights established and exercised in pursuance with the
regulations particularly those relating to economic and social security, health care, as
well as freedom of religious expression and of political activity.
IDPs are entitled to consequential remedies such as:
 assistance in the necessary reconstruction of their private houses or apartments
 use of credits to start businesses in order to make income for themselves and
their families
 adequate financial assistance
 essential food and necessary clothing
 primary health care and education
 social welfare providing that they are unemployed

21. 18. SHAPING POLICIES TO ADDRESSS SPECIFIC NEEDS AND ENSURE RIGHTS
The basic precondition to access rights and address specific needs of internally
displaced persons is a strategic approach.
The first comprehensive framework document defining goals and planning
required reforms and actions aiming to address specific needs and assure rights of
refugees and IDPs in an integrated manner was passed at the end 2002.
The Strategy of Bosnia and Herzegovina
for the implementation of the Annex VII to the
General Framework Agreement for Peace
in Bosnia and Herzegovina.

22. 19. STRATEGIC APPROACH TO ADDRESS DISPLACEMENT ISSUES
STRATEGIC GOALS
1. Completion of the return process of BH refugees and internally
displaced persons;
2. Implementation of repossession of property and reinstatement of
occupancy rights;
3. Completion of reconstruction process of housing units for the
return needs;
4. Ensuring conditions for sustainable return and reintegration
process in Bosnia and Herzegovina.

23. 20. REFORMS AND DIRECTIONS FOR STRATEGIC ACTIONS
1. Legal reforms and harmonization of legislation;
2. Structural and organizational reforms;
3. Developing and putting into operation an integrated
database;
4. Creating conditions for sustainable return.

24. Extraordinary results were achieved in implementing certain Strategy goals,
followed also by the establishment and institutionalization of a transparent system
which has become the safeguard of equality of all refugees, internally displaced
persons and returnees in their access to the return-related assistance.
Major Advancement Milestones
 The return of 1.1 million refugees and internally displaced persons have been
recorded to date i.e. 50% of the total population displaced during the conflicts;
 220,000 properties have been repossessed by its pre-war owners and tenancy
rights holders, which makes the implementation rate of property law by 99%.
Due to results that have been achieved regarding these issues Bosnia and
Herzegovina is perceived as a good example, both in and outside the region;
 Over 340,000 housing units out of 412,000 damaged and destroyed have been
re-built along with rehabilitation of communal and social infrastructure;
 Representation of minorities in the public sector has increased;
 Freedom of movement is today enjoyed by everybody and the safety of
returnees has been significantly improved.
21. PROGRESS ACHIEVED

25. 22. REMAINING CHALLENGES
There can be no doubt that great and tangible progress has been achieved in
implementing Annex 7 of the Dayton Peace Agreement. Nevertheless, despite
substantial achievements significant challenges do remain.
More than half of 2.2 million of refugees and displaced persons have not returned
to their homes. It is estimated that around 800,000 persons who left BiH in 1992-
1995 still live outside BiH. Most of them have been integrated in their host
countries. However, thousands refugees from BiH are still in need of durable
solutions, which may include their return to BiH. Almost three quarters (75%) of
them live in neighbouring countries in the region.
There remain close to 100,000 displaced persons who are in
urgent need of durable and sustainable solutions. Many of
these people are extremely vulnerable and traumatized, living
in inhumane conditions in displacement. Unfortunately,
around 2,700 families continue to live in collective centers .

26. 23. OUTSTANDING ISSUES TO BE ADDRESSED
 Many persons are unable to return because their pre-war property is destroyed
and is on the list of 16.000 housing units of returnees awaiting reconstruction or
because landmines have not been cleared from their pre-war villages;
 There are many persons who never owned property before the war and have not
had the opportunity to benefit from any project to lead towards a durable
solution for them;
 At the same time many people who have already returned face conditions that
threaten their ability to remain in the place of return;
 Economic opportunities are scarce, often there is no infrastructure, including
electricity, and their access to rights and services, such as health care,
education, social protection and pensions, is limited;
 In other cases the primary obstacle to return is changed social environment
where many persons, particularly younger ones, seek higher education and
employment opportunities.

27. THANK YOU FOR YOUR ATTENTION!