Croatia: Decree of 1997 on Returnee Rights
Date of entry into force: 1 April 1996 GOVERNMENT OF THE REPUBLIC OF CROATIA Pursuant to Article 1, Paragraph 1 of the Law on the Authority of the Government of the Republic of Croatia to Regulate through Decrees Certain Issues from the Scope of Activities of the House of Representatives of the Parliament of the Republic of Croatia (Official Gazette No. 90/96), the Government of the Republic of Croatia adopted at its session held on 27 March 1997 the followingDECREE ON RETURNEE RIGHTS
Article 1
The returnee is for the purposes of this Decree a displaced person or refugee who acquired this status pursuant to the Law on Status of Displaced Persons and Refugees (Official Gazette No. 96/93) and who returned to his place of permanent residence or to some other adequate location in the reconstruction areas, since reasons because of which he had been displaced no longer exist. The person under Paragraph 1 of this Article is:
1. a displaced person who returned to the apartment or family home he owns or co-owns or holds the right of occupancy thereof, together with his family members;
2. a displaced person who under the Law on Temporary Take-Over and Administration of Specified Property acquired the possession and temporary use of abandoned living quarters or apartment in the liberated territory, together with his family members;
3. a displaced person who under the Law on Lease of Apartments in the Liberated Territory leased an apartment in the liberated territory, together with his family members.
Article 2
The returnee shall be entitled to the following rights he also enjoyed as a displaced person according to the Law on Status of Displaced Persons and Refugees, and these are as follows:
1. monthly financial assistance to persons without income in the amount determined by the Office for Displaced Persons and Refugee with the consent of the Government of the Republic of Croatia;
2. humanitarian assistance;
3. assistance in social adaptation and psychological assistance;
4. education of children;
5. overall health care;
6. assistance in settling other basic living necessities (transport expenses, funeral expenses, etc.) in accordance with the relevant decision of the Office for Displaced Persons and Refugees.
The returnee may also acquire rights according to specific regulations which regulate issues of reconstruction, tax and custom benefits for the encouragement of return to the reconstruction areas, as well as other rights in accordance with the incentives of the Government of the Republic of Croatia for the return to the reconstruction areas or areas of special interest to the Republic of Croatia under specific regulations.Article 3
According to the provisions of this Decree, persons who acquired the returnee status pursuant to the specific regulation on the return of displaced persons and refugees valid before this Decree entered into legal force and effect shall enjoy the status of returnees.Article 4
The returnee status shall be acquired by those displaced persons and refugees who are under the provisions of the Reconstruction Act (Official Gazette No. 24/96) entitled to the reconstruction of their homes damaged or destroyed by war if they return to their homes and continue to permanently reside therein. Their DP or refugees status shall then terminate at the latest by the expiry of the period under the Programme for Return of Displaced Persons adopted by the House of Representatives of the Parliament of the Republic of Croatia at the 4th session held on 1 March 1996:
1. all returnees from the areas which liberated in the "Flash" military/police action and before, whose homes suffered I through VI damage degrees, by 31 May 1996;
2. all returnees from the areas which were liberated in the "Storm" military/police action, whose homes suffered I, II and III damage degrees, by 1 June 1996;
3. all returnees from the areas which were liberated in the "Storm" military/police action, whose homes suffered IV;V and VI damage degrees and whose reconstruction began in the fall of 1995, by 1 September 1996;
4. all returnees from the areas which were liberated in the "Storm" military/police action, whose homes suffered IV, V and VI damage degrees and whose reconstruction began by the date this Decree entered into legal force and effect, by 31 December 1996.
Without prejudice to the provision under Paragraph 1 of this Article, the DP status shall not terminate to those persons for whom the Ministry of Development and Reconstruction forwards to the Office for Displaced Persons and Refugees of the Government of the Republic of Croatia a notice that reconstruction works on their homes have not yet been completed. These persons shall enjoy the DP status until the reconstruction works on their homes are completed.Article 5
The returnee status shall be acquired by those displaced persons and refugees who were temporarily granted the possession and use of family homes or apartments or who leased apartments according to the regulations under Items 2 and 3, Paragraph 2, Article 1 of this Decree, or who shall be granted this right. Their DP or refugee status shall terminate on the date when they acquire the aforementioned right.Article 6
The displaced persons or refugees whose apartments or family homes were not damaged and who did not return and do not reside in their family homes or apartments shall lose the DP status on the date when this Decree enters into legal force and effect and shall not acquire the returnee status. The displaced persons or refugees who acquired the right to a loan for the reconstruction of their family homes or apartments under the regulations valid before this Decree entered into legal force and effect or who reconstructed their homes or apartments in some other way (private means, donations, etc.) and who did not return and do not reside in their family homes or apartments shall lose the DP status on the date when this Decree enters into legal force and effect and shall not acquire the returnee status. The displaced persons or refugee whose apartments or family homes suffered I, II, III or IV damage degrees, as well as apartments that suffered V or VI damaged degrees, who according to the specific regulation which regulated the issue of return of displaced persons and refugees until this Decree entered into legal force and effect and who did not submit to the relevant bank an application for the reconstruction loan or to the Ministry of Development and Reconstruction a request for family home reconstruction with V or VI damage degrees, shall lose the DP status on the date when this Decree enters into legal force and effect and shall not acquire the returnee status. The displaced persons or refugees who refused a family home or apartment which had been offered for temporary possession and use or apartment which had been offered for lease according to the regulations under Items 2 and 3, Paragraph 2, Article 1 of this Decree shall lose the DP status and not acquire the returnee status upon signing the statement declining the offered living quarters.Article 7
The Croat refugee who due to the Serb occupation fled the territory of Bosnia and Herzegovina outside the borders of the Federation of Bosnia and Herzegovina, as well as Serbia and Montenegro, and who were temporarily granted the possession and use of a family home or apartment or the lease of an apartment according to the regulations under Items 2 and 3, Paragraph 2, Article 1 of this Decree shall have the same rights as returnees under this Decree when they acquire the aforementioned right.Article 8
The displaced persons and refugees from the Croatian Podunavlje who were temporarily granted the possession and use of a family home or apartment or the lease of an apartment according to the regulations under Items 2 and 3, Paragraph 2, Article 1 of this Decree shall maintain the rights pursuant to the Law on Status of Displaced Persons and Refugees, except the right to the basic accommodation and organised meals, and they shall enjoy the rights under the Reconstruction Act. The displaced persons from the Croatian Podunavlje whose hotel accommodation was organised may acquire the right to a compensation in the amount of 50% of the monthly compensation paid per person for the accommodation of displaced persons in the "B" category hotel if they voluntary move out of the hotel upon request of the Office for Displaced Persons and Refugee of the Government of the Republic of Croatia. The displaced persons shall acquire the right to compensation under Paragraph 2 of this Article when the competent regional office for displaced persons and refugees issues a document confirming that the displaced persons indeed left the hotel.Article 9
The legal status of returnees under this Decree shall last until the Government of the Republic of Croatia decides that conditions for the termination of this right have been met in specific areas of the Republic of Croatia.Article 10
According to the provisions of this Decree, the Office for Displaced Persons and Refugees of the Government of the Republic of Croatia shall elaborate on the deadlines for acquisition of the returnee status and termination of the DP and refugee status.Article 11
The Office for Displaced Persons and Refugees of the Government of the Republic of Croatia shall supervise the application of this Decree.Article 12
The Decree on Rights of Returnees (Official Gazette No. 25/96) shall cease to be valid on the date this Decree begins to be applied.Article 13
This Decree shall enter into legal force and effect upon its publication in the Official Gazette and shall begin to be applied as of 1 April 1996. Class: 019-04/96-01/05 Number: 5030116-97-1 Zagreb, 27 March 1997 Prime Minister Zlatko Matesa, sgd. Considering the natural, untrasterable,inalienable (mortmainable) rights of Serbs people to self-determination according to which, Serbs people as every free and sovereign people, independently decide about their political and state status and providing economic, social and cultural development, respecting the centuryold fight of the Serbs people for freedom and state independence, expressing decisiveness of the Serbs people to create sovereign and democratic state, based on social justice, rule of law and respecting the human rights, estimating democratic and permanent decision of the Serbs from RS to unite with the others state of the Serbian people, considering readiness of the Serbs people to intervene for peace and friendly relations among peoples and states, The National Assembly of Republic Serbs brings
