Europe for BiH - No 6, February 1999
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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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