| Europe
for BiH No
6, February
1999: page 1 | page
2 | page 3 | page 4
ECHO's
action in 1998
Pilot projects succeeded in
politically difficult areas
In 1998 the
European Community Humanitarian Office (ECHO) earmarked 88 million
euros for projects in Bosnia-Herzegovina, of which 60 million were
dedicated to actions intended to encourage minorities to return to
their pre-war homes.
Pilot return projects
were launched over the year in Eastern Republika Srpska. In Kopaci (Srpsko
Gorazde), minority Bosniak families returned home, the Bosnian Serb
majority being won over by small infrastructure projects intended to
make life easier in the Kopaci municipality. The project faced many
difficulties, not least the electoral campaign which
"forced" representatives from nationalist parties to
follow the hard line during the campaign, sometimes even against
their will. Other projects were started in Rogatica which lies on
the road from Sarajevo to Gorazde in the Republika Srpska -- and
also in Cajnice, which lies more to the east. Carl Hallergard, ECHO
task manager, says these projects show that there is a will for life
to get back to normal even in eastern Republika Srpska, as it is
simply too costly for these communities to remain isolated.
"But the situation remains very fragile, as was demonstrated by
recent events in Foca/Srbinje" he says.
Assisting spontaneous returns
An important moment
in the return process during the year was the spontaneous return of
Bosniaks to Herzegovina, notably in the municipalities of Stolac and
Capljina. The adoption of a return plan in Canton 7, and the
relentless work by a Bosniak member of the cantonal assembly, Fatima
Leho, managed to persuade large communities of displaced people to
go back to their houses, quite independently of assistance
programmes. This all took place in spite of the opposition of the
local authorities and of displaced Croats now living in the region.
This population shift is not yet accepted by everyone and there are
sporadic outbreaks of violence, but it was one of the milestones of
the movement so far. ECHO helped this return process through NGOs
like the Dutch Relief and Rehabilitation Agency (DRRA), Diakonisches
Werk and through the constant presence of the Danish Refugee
Council.
Among the many
projects initiated by ECHO, one can be singled out for special
attention: the "patronage" projects. In the different
municipalities where minority returns are taking place the pre-war
system of mobile nurses and doctors has been re-established. This is
very important because minority returnees often do not dare to visit
the health centre. To give one example, in Canton 10 (Drvar, Grahovo,
Glamoc, Livno, etc.) the International Medical Corps worked side by
side with the local health Authorities in Livno. The system has now
been spread over the whole canton. Bosnian Serb doctors thus visit
Croat populations and vice versa. Similar projects are being started
in Brcko and the "Anvil" area. "Each time we are
faced with a lot of problems and obstacles, but in the end it
works" says Carl Hallergard.
Establishing
property rights
A first step towards regaining
possession of one's home and land
Property rights
issues are one of the pivotal problems hanging over the refugee and
displaced persons return process in Bosnia and Herzegovina. The
Commission for Real Property Claims (CRPC), mainly funded by the
European Commission, was set up under Annex 7 of the Dayton Peace
Agreement to help people regain the property they lost during the
war. As such it is the key decision-making body on property issues
affecting dispossessed people in Bosnia and Herzegovina.
To date the CRPC has
received 125.000 claims relating to property in Bosnia and
Herzegovina. Appointments to file a claim with the CRPC are booked
up until August 1999. Over 29.000 decisions have been made and the
same number of certificates issued. These certificates can
facilitate efforts by dispossessed people to return to their pre-war
homes, or to seek to obtain value for their lost property through
other means. "Of the 125.000 claims received, approximately
half of the people want to return as soon as possible" says
Steven Segal, Executive Officer of the CRPC. "The other half
wants to hold on and see in order to exchange or sell its property
"The December 1998 Madrid Peace Implementation Council stressed
that the effective use of property rights and the practical
enforcement of CRPC decisions must improve. The main problem is that
the certificate issued by the CRPC is not at the moment widely known
and recognised as a legally-binding document. "This year, we
will monitor more closely what the people do with their certificate,
in order to have more clear data on returns, sales and
exchanges" says Steven Segal. "It is also important to do
the follow-up when people receive their certificate, and to advise
people on how to use this document. We plan to set up an information
campaign on this topic".
CRPC support to return projects
As part of its
special projects work in 1998, the CRPC has been helping
organisations involved in house reconstruction in
Bosnia-Herzegovina. The European Commission has insisted that the
property rights of all beneficiaries of EC-funded return projects be
verified by CRPC. The verifications carried out by the CRPC allow
NGOs or other reconstruction agencies to ensure that housing units
are being repaired for the benefit of the original owners or
occupants, and that the projects are proceeding on a sound legal
basis. By issuing final and binding legal decisions on a case by
case basis, the CRPC aims to develop the property law system in BiH
by collecting a basis for reliable property records, many of which
were lost or destroyed between 1992 and 1995. In the future, the
CRPC certificates may also be used by individuals as security for
housing and reconstruction loans.
Europe for BiH
Quarterly newsletters published by the European Commission on
its actions in Bosnia and Herzegovina
No 6, February 1999
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