Bosnia and Herzegovina: Law of 1999 on Refugees from Bosnia and Herzegovina and Displaced Persons in Bosnia and Herzegovina

I        GENERAL PROVISIONS

Article 1

This Law shall regulate the acquisition and cessation of the status of refugees from Bosnia and Herzegovina (hereinafter: refugees from BH), displaced persons in Bosnia and Herzegovina (hereinafter: displaced persons), returnees, the rights of refugees from BH, displaced persons, returnees, the method of exercising their rights and means of support in creating conditions for the return of refugees from BH and displaced persons, as well as other issues relating to refugees from BH, displaced persons and returnees.

Article 2

Refugees from BH, displaced persons and returnees shall, in addition to the rights they are entitled to under this Law and Entity laws, enjoy in full equality the same rights and freedoms guaranteed by international provisions and BH and Entity laws as do other citizens, and shall not be discriminated against in the enjoyment of any right on any ground whatsoever.

II       ACQUISITION AND CESSATION OF THE STATUS OF REFUGEES FROM BH AND DISPLACED PERSONS

Article 3

For the purpose of this Law, a refugee from BH is a citizen of Bosnia and Herzegovina who is outside of Bosnia and Herzegovina, and who has been expelled from his/her habitual residence as the result of  conflict or left his/her habitual residence in Bosnia and Herzegovina and escaped abroad, after 30 April 1991, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership to a particular social group or political opinion, and who is neither able to return in safety and with dignity to his/her former habitual residence nor has voluntarily decided to settle permanently elsewhere outside of BH.

Article 4

A displaced person is a citizen of Bosnia and Herzegovina, residing within Bosnia and Herzegovina, who has been expelled from his/her habitual residence as the consequence of the conflict, or left her/his habitual residence, after 30 April 1991, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership to a social group or political opinion, and who is neither able to return in safety and with dignity to his/her former habitual residence nor has voluntarily decided to take up permanent residence elsewhere.

Article 5

The status of a refugee from BH during his/her stay in a host country shall be determined according to rules and regulations of that country.

The status of a displaced person shall be acquired on the basis of this Law and Entity laws.

Article 6

The status of a refugee from BH shall cease if a person :

a)  returns to his/her former habitual residence in BH, in safety and with dignity;

b)  voluntarily decides to take up another permanent residence in BH or outside of BH, on the basis of overall and objective information relevant for choice of the place of permanent residence.

A refugee from BH who has returned to BH, but has not re-established himself/herself in his/her former habitual residence, nor has chosen to take up permanent residence elsewhere in BH, shall acquire the status of a displaced person according to the procedure regulated by Entity laws.

Article 7

The status of a  displaced person shall cease if a person:

a)  voluntarily returns to his/her former habitual residence;

b)  refuses  to return to his/her former habitual residence, although voluntary return to the place of his/her former habitual residence, in safety and with dignity, is possible, and if there are no compelling reasons arising out of previous persecution or other strong humanitarian reasons;

c)  takes up, in safety and with dignity, permanent residence elsewhere in the place of his/her voluntary choice;

d)  and if there are other reasons regulated by Entity laws.

Article 8

Returnees are refugees from BH, or displaced persons, who have, to the competent bodies, expressed their wish to return to their former habitual residence, and who are in the process of the return, as well as refugees from BH and displaced persons who have already returned to their former habitual residence.

The  status and cessation of the status of a returnee shall be acquired on the basis of this Law and pursuant to the procedure prescribed by Entity laws. 

The status of a returnee shall cease upon the expiration of a six months period, counting from the day of his/her re-establishment in his/her former habitual residence, i.e. of his/her settling permanently elsewhere in BH.

III     THE RIGHTS OF REFUGEES FROM BH, DISPLACED PERSONS AND RETURNEES

1)        The right to return to former habitual residence

Article 9

Refugees from BH and displaced persons shall have the right freely to return to their former habitual residence.

Article 10

The return of refugees from BH and displaced persons to their former habitual residence shall be done in a safe, organised and phased manner, with respect for their freedom of movement and full protection of their personal safety and their property.

With a view to improving efficiency and co-ordination of the activities which are being taken or are to be taken by the competent bodies and organisations in creating conditions for the return, UNHCR shall, in co-operation with the Ministry of Civil Affairs and Communications and the competent Entity ministries, prepare the Programme for the Return of Refugees from BH and Displaced Persons, within a 4 months deadline, from the day of entering into force of this Law. The Program for the Return of Refugees from BH and Displaced Persons referred to in previous section shall be adopted by the Council of Ministries.

2)        The right to choose another permanent residence

Article 11

Refugees and displaced persons shall 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.

Article 12

By choosing another place of permanent residence, refugees from BH and displaced persons shall not confine those refuges from BH and displaced persons who have decided to return to their former habitual residence, in their right to return.          

3)        The right to have their property returned

Article 13

Refugees from BH and displaced persons shall have the right to have restored to them property of which they were deprived in the course of the hostilities since 1 April 1992 as well as to be compensated for any property that cannot be restored to them.

Article 14

The return of real property is presumed to be an absolute lawful and actual possibility of a real property owner to dispose of his/her real property in the manner he/she voluntarily decides upon.

4)        The right to recover occupancy right

Article 15

Refugees from BH and displaced persons in BH shall have the right to repossess the apartments for which they had occupancy rights on 30 April 1992, in accordance with Entity regulations.

Article 16

In addition to the rights outlined in Articles 9 through 15 of this Law, refugees from BH shall during their stay in host countries have:

a)  the right to be objectively and comprehensively informed on the situation in BH, FBH and RS, and in particular on the situation in their former habitual residence, in order to make a decision on the voluntary return to BH;

b)  the right to have additional education organised by the competent FBH and RS services in host countries through the Ministry of Foreign Affairs and the BH Ministry for Civil Affairs and Communications;

c)  the right to use consular and other services of BH in host countries in order to regulate their rights, in particular the right to return to BH.

Refugees from BH shall, upon deciding to return to BH, have the right to enjoy privileges regarding their personal transportation as well as transfer of their belongings from a host country to a transit center in BH, or to the place of their former habitual residence, in the manner and under the conditions which shall be regulated by this Law and according to by-laws passed on the basis of this Law.

Article 17

In addition to the rights they are entitled to under Article 9 through 15 of this Law, displaced persons shall, while holding their status, enjoy other rights established and exercised in pursuance with the regulations of the competent Entity, Cantonal or municipal bodies, particularly those relating to economic and social security, health care, as well as freedom of religious expression and of political activity.

Article 18

Returnees shall, while holding their status, be entitled to:

a)  assistance in the necessary reconstruction of their private houses or apartments

b)  use of credits to start businesses in order to make income for themselves and their families

c)  adequate financial assistance

d)  essential food

e)  necessary clothing

f)   primary health care

g)  primary education  and

h)  social welfare providing that they are unemployed.

The method of exercising those rights shall be regulated by BH and Entity regulations.

IV      THE METHOD OF EXERCISING THE RIGHTS OF REFUGEES FROM BH AND DISPLACED PERSONS

Article 19

Refugees from BH and displaced persons shall exercise their rights defined in Chapter III of this Law, under the conditions and according to the procedure stipulated by regulations passed on the basis of Annex 7 of the General Framework Agreement for Peace in BHPeace Agreement for BH.

Article 20

Employees of the State, Entity, Cantonal or municipal bodies, in charge of processing requests of refugees from BH and displaced persons, as regards the exercise of their rights, as well as other persons who prevent or delay the exercise of those rights without any justification, shall be held liable for such actions.

Article 21

The Ministry for Civil Affairs and Communications shall, within its competencies, and with a view to applying this Law, in particular:

-   follow up and analyse status related, social and other issues relevant for lives of refugees in other countries until they return to their former habitual or other residences in Bosnia and Herzegovina, as well as the positions of those countries in regard with repatriation in Bosnia and Herzegovina (translator's note: probably separated by mistake);

-   co-operate with governmental and non-governmental organisations abroad, as well as with the competent Entity authorities, in preparing the return plans of refugees and their admission in Bosnia and Herzegovina;

-   together with the competent Entity bodies, and in co-operation with UNHCR and other international organizations, follow up on the return of refugees from BH and perform them (translator's note: not clear in local language) within its competencies;

-   pertaining to bilateral and multilateral co-operation between Bosnia and Herzegovina and other countries and international organizations, present the status of all data relevant for the return of refugees from BH and displaced persons to their former habitual residence, and in relation to this, present and promote projects that create conditions for the return of those persons;

-   co-ordinate inter-Entity co-operation in particular with regard to the return of refugees from BH;

-   make assessment on the number of refugees from BH in co-operation with asylum countries of refugees from BH, UNHCR and other relevant international organizations.

 - keep evidence on refugees from BH who have returned to BH.

Article 22

The Ministry for Civil Affairs and Communications shall, by a special regulation, define in more details the arrangement for the return of refugees from BH.

Regulations referred to in previous section shall in particular define conditions and procedures for applying to return, make arrangements for reviewing the return conditions, deciding upon the realisation of the return plans, and providing for resources necessary to implement the return plans, as well as regulate co-operation with UNHCR and other international organizations.

Article 23

In order to provide a follow up on co-ordination and inter-Entity consultations regarding the implementation of the programme referred to in Article 1410 Section 3 of this Law and other BH and Entity laws relating to refugees from BH and displaced persons, as well as other issues with relation to creating conditions for the return and regarding the return of refugees from BH and displaced persons, the BH Council of Ministries and the Entity Governments shall nominate members of the Commission for Refugees and Displaced Person which shall be appointed by the Presidency of Bosnia and Herzegovina within 30 days from the day of passing this Law. The seat of the Commission shall be placed in Sarajevo, while its offices might be located in different places, on a needs basis.

V       RESOURCES FOR EXERCISING THE RIGHTS OF REFUGEES FROM BH, DISPLACED PERSONS AND RETURNEES

Article 246

Resources for exercising the rights of refugees from BH in the course of their stay in host countries shall be provided from :

-   the BH budget,

-   the Entity budget,

-    from financial and other assistance of host countries of refugees from BH,

-   from UNHCR and other relevant international organizations,

-   from donations and credits received from international financial institutions for these purposes,

-   from other sources.

Article 25

Resources for  exercising the rights of displaced persons  shall be provided from:

-   the Entity budget,

-   Cantonal and municipal budgets,

-   from UNHCR and other relevant international organizations,

-   from donations and credits received from international financial institutions for these purposes,

-   from other sources.

Article 268

Resources for exercising the rights of returnees shall be provided from:

-   the BH budget,

-   the Entity budgets,

-   the Cantonal and municipal budgets,

-   from financial and other assistance of host countries of refugees from BH,

-   from UNHCR and other relevant international organizations,

-   from donations and credits received from international financial institutions for these purposes,

-   from other sources.

Article 27

Resources for exercising the rights of refugees from BH, displaced persons and returnees shall be provided from the budgets of BH Entities, Cantons and municipalities in accordance with their abilities.

Article 28

The right to use private (note from the translator: should be written: temporary) accommodation shall not be denied to refugees from BH  and displaced persons in BH who have, based on their free and informed choice, expressed wish to be financially compensated for their property,  until they are compensated for their private property.

Temporary accommodation cannot be realised by using private property or apartment with occupancy right of persons holding the status of a displaced person and/or refugee from BH.

VI      TRANSITIONAL AND FINAL PROVISIONS

Article 298

The Entity authorities shall, within 60 days from the day of entering into force of this Law, harmonise their laws and by-laws with this Law.

Article 2930

This Law shall enter into force on the eighth day upon its publication in the "Official Gazette of BH" and shall be published in the Official Gazettes of the Entities.

BH PA no. 35/99

03 December 1999

Sarajevo

PRESIDING of the House of Peoples of BH Parliamentary Assembly Izet Zigic

PRESIDING of the House of Representatives of BH Parliamentary Assembly Mirko Banjac