Bosnia and Herzegovina: Law No. 01-286/2000 of 2000 on Displaced-Expelled Persons and Repatriates in the Federation of Bosnia and Herzegovina

I    GENERAL PROVISIONS

Article 1

This Law shall regulate basic rights and obligations of displaced-expelled persons and repatriates, the acquisition of their status, their return to permanent residences where they have been expelled from (hereinafter: the residence) or to other places they have chosen to settle in (hereinafter: new place of living), in the territory of the Federation of Bosnia and Herzegovina (hereinafter: the Federation), method of keeping registers of those persons, providing for resources for the return and exercise of other rights, as well as other issues with regard to the rights and obligations of those persons in the territory of the Federation.

Article 2

The issues regarding displaced-expelled persons and repatriates shall also be regulated by Cantonal regulations in pursuance of this Law.

Article 3

The competent Federation, Cantonal and municipal authorities shall, in accordance with the Constitution of the Federation of Bosnia and Herzegovina, Cantonal Constitution and with this Law and other regulations and documentation, be obliged to facilitate return and create political, economic and social conditions conducive to voluntary and safe return of displaced-expelled persons and repatriates.

II  RECOGNITION AND CESSATION OF THE STATUS OF DISPLACED PERSONS AND REPATRIATES

Article 4

A displaced-expelled person, under this Law, is a citizen of Bosnia and Herzegovina who has been displaced in the territory of the Federation as a result of conflict, persecution, or a well-founded fear of being persecuted or having his/her rights violated, within the territory of Bosnia and Herzegovina, while there do not exist conditions for safe and dignified return to his/her former place of residence, nor has s/he voluntarily decided to settle in a new place of living.

Article 5

A repatriate, under this Law, is a citizen of Bosnia and Herzegovina who has, as a refugee from Bosnia and Herzegovina, returned to the territory of the Federation from abroad due to non-existence of the conditions needed for a dignified return into his/her place of permanent residence, and who has not voluntarily chosen a new place for living there permanently.

Repatriates shall hold that status until regulating the status referred to in Articles 4 and 6 of this Law.

Article 6

A displaced-expelled person and a repatriate, who has returned to his/her place of residence, but not to his/her own house or apartment, due to the fact that it has been destroyed or occupied, shall have certain rights recognized to him/her, in accordance with this Law, other Federation laws and Cantonal regulations.

Article 7

Recognition and cessation of the status of a displaced-expelled person, under this Law, as well as recognition of their rights and obligations, as well as the rights and obligations of persons referred to in Article 6 of this Law, shall be decided upon by the competent body of the Cantonal administration as regulated by the Cantonal regulation.

An appeal can be filed against the decision referred to in Section 1 of this Article, to the Federation Ministry of Social Affairs, Displaced-Expelled Persons and Refugees (hereinafter: the Ministry) within 8 days from the day of receiving the decision.

An administrative dispute can be initiated against the decision referred to in Section 2 of this Article.

Rights and obligations of displaced-expelled persons, regulated by Cantonal regulations, shall be decided upon by the competent body as regulated by the Cantonal regulation.

Article 8

The status of a displaced-expelled person shall be recognized from the day a displaced-expelled person submitted the application requesting the recognition of such a status.

A displaced-expelled person identification card shall be issued to a person to whom the status of a displaced-expelled person has been recognized.

The Federation Minister in charge of displaced-expelled persons and refugees (hereinafter: the Minister) shall, in co-operation with the competent Cantonal bodies, pass the regulation on the form of the card prescribed in Section 2 of this Article.

Article 9

The status of a displaced-expelled person shall not be recognized to a person who has been found guilty of a crime against humanity by a legally binding court decision, and of any act against the International Law by the International Crime Tribunal for ex-Yugoslavia, or if there is a lawsuit against him/her, which is in compliance with the Rome Agreement on Rules of the Road or with regard to the issues defined in the European Convention on Human Rights.

Article 10

The status of a displaced-expelled person shall cease:

1.   upon return to his/her former place of residence;

2.   when there is a possibility for safe and dignified return to his/her former place of residence, but a displaced-expelled person has not returned there;

3.   when a displaced-expelled person has voluntarily decided to permanently settle in another place within the territory of the Federation.

III RIGHTS AND OBLIGATIONS OF DISPLACED-EXPELLED PERSONS AND REPATRIATES

Article 11

A person whose status of a displaced-expelled person has been recognized, as well as a repatriate, shall be temporarily provided with:

1.   accommodation;

2.   food supplies;

3.   social reintegration and psychological support;

4.   health care;

5.   education of children and youth;

6.   other necessary living essentials.

Article 12

"A temporary accommodation", in the sense of Article 11, Section 1 of this Law, refers to a residing space, provided to persons defined in Articles 4, 5 and 6 of this Law, together with the members of their family, while the size of the allocated accommodation shall be determined according to the number and age of these persons.

The temporary accommodation shall be provided for in: reception-transit centers, collective centers, settlements that have been constructed, reconstructed or renovated for the purpose of accommodating persons defined in Section 1 of this Article, as well as in the apartments and houses of host families and in the available apartments.

In cases where a displaced-expelled person, a repatriate or a person referred to in Article 6 of this Law, has regulated his/her accommodation in accordance with the positive housing law and holding the acquiescence of the competent body, and has been requested to vacate his/her current accommodation, s/he shall have the right of another adequate accommodation in accordance with this Law in a way and under the conditions determined by Cantonal regulations on housing relations.

This provision shall be applied to persons referred to in Section 1 of this Article in cases where it has been determined that they occupy a house or an apartment without the approval of a competent body and are unable to return to their previous permanent residence, what shall be verified by the competent body ex officio.

Article 13

"A reception-transit center" refers to a covered space consisting of one or more function-wise rooms.

The reception-transit center has to provide for the rooms designed as: a kitchen with a dining room, a laundry room, a bathroom and a WC, a space for a living room and bedrooms.

The minimum accommodation capacity of a reception-transit center is 40 persons, securing at least 5² per person.

The reception-transit center shall be used for the accommodation of persons referred to in Articles 4, 5, and 6 of this Law, until another accommodation is provided to them, and at most 90 days from the day of their admission.

Article 14

"A collective center" refers to a covered space designed for various purposes, which shall be used in case of a specific need for temporary accommodation of persons referred to in Articles 4, 5, and 6 of this Law, until they are provided with another, permanent accommodation.

The space used as a collective center has to meet one elementary requirement which is, to have one or more function-wise rooms, connected in a way which shall ensure necessary feeding and sleeping arrangements, as well as hygiene maintenance and residing.

The minimum accommodation capacity of a collective center is 40 persons, with at least 5² per person.

Article 15

"A settlement" built or reconstructed for the purpose of accommodating persons referred to in Articles 4, 5, and 6 of this Law refers to a number of housing and other units, constructed or reconstructed within a limited space, providing for the minimum of 6-8² per person within each housing unit.

The settlement referred to in Section 1 of this Article has to meet the requirements necessary to ensure feeding, and sleeping arrangements, hygiene maintenance as well as other conditions with regard to residing of these persons.

Article 16

"Available apartments" refers to apartments which provide for the minimum of 8-10² per person, and can be used for the temporary accommodation of persons referred to 4, 5, and 6 of this Law, in a way and under the conditions prescribed by Cantonal regulations and regulations dealing with housing relations.

Article 17

Exceptionally, and with a view to achieving the necessary minimum requirements for accommodating persons referred to in Articles 4, 5, and 6 of this Law, the Government of the Federation of Bosnia and Herzegovina (hereinafter: the Federation Government) shall, with the consent of the Cantonal government, select particular units within a canton, which are of the Federation concern for temporary accommodation of those persons.

Article 18

The right to food supplies, financial assistance, social reintegration and psychological support, health care, education of children and youth and other living necessities shall be provided to persons referred to in Articles 4, 5 and 6 of this Law, and pursuant to this Law, to Cantonal and other regulations.

Article 19

The extent of rights prescribed in Article 11 of this Law shall be determined depending on whether a person referred to in Articles 4, 5 and 6 of this Law is employed or not, whether s/he is a pensioner, a social welfare beneficiary, a dependent, or whether s/he makes income based on any other grounds whatsoever.

If a person referred to Section 1 of this Article does not exercise the rights stated in Section 1 of this Article, those rights shall be exercised in accordance with Cantonal regulations.

Article 20

Displaced-expelled persons and repatriates shall be obliged to notify the competent authority about any circumstance affecting the extent and cessation of rights prescribed in Article 11 of this Law, within 15 days from the day of manifestation of such a circumstance.

The circumstances referred to in Section 1 of this Article shall be checked by the competent authority ex officio.

IV RETURN OF DISPLACED-EXPELLED PERSONS AND REPATRIATES TO THE TERRITORY OF THE FEDERATION

Article 21

The persons referred to in Articles 4, 5, and 6 of this Law shall have the right to return freely to their former place of residence or to a new place of living, without the risk of intimidation, terrorizing, persecution and discrimination.

Returnees referred to in Section 1 of this Article are, regardless the method of their return, obliged to register with the competent municipal body for the purpose of keeping record on them.

With a view to creating conditions for the return of persons referred to in Section 1 of this Article, the competent authorities of the Federation, Canton and municipality shall undertake all the necessary measures, and in particular those in regard with: freedom of movement, compliance with human rights and elementary freedoms, increased residing security in the place of the return, the return of property to owners, construction and reconstruction of houses and apartments, creation of new jobs and other conditions affecting safe and dignified return of displaced-expelled persons and repatriates.

Article 22

With a view to creating conditions necessary for the return of persons referred to in Articles 4, 5 and 6 of this Law to the territory of the Federation, the Plan for Return and Repatriation for the territory of the Federation and cantons shall be made.

Article 23

The Plan referred to in Article 22 of this Law shall be passed by the Federation Government for the territory of the Federation, and by the Cantonal Government for the territory of the Canton.

Article 24

The Federation Government shall adopt the grounds for drafting the Plan for Return referred to in Article 23 of this Law, upon the proposal of the Ministry.

Article 25

With a view to creating conditions for the return of displaced-expelled persons and repatriates, the competent authorities of the Federation and cantons shall provide those persons with necessary information, in particular the information about the conditions for the return, and shall, to that effect, co-operate with UNHCR and other competent international organizations, establish inter-entity co-operation, their mutual co-operation, as well as co-operation with other bodies and organizations.

Article 26

A more detailed regulation prescribing the organization of the return of displaced-expelled persons and repatriates, as well as the return procedure and other issues regarding the return of those persons shall be passed by the Minister.

V   COMPETENCIES OF BODIES IN EXERCISING THE RIGHTS OF DISPLACED-EXPELLED PERSONS AND REPATRIATES

Article 27

With a view to exercising rights and creating conditions for the return of displaced-expelled persons and repatriates in the territory of the Federation, the Federation Government, the Ministry and the competent Cantonal authorities, shall undertake the appropriate measures, and in particular:

1.   The Federation Government:

-          shall adopt the Plan for the Return and Repatriation of displaced-expelled persons and repatriates for the territory of the Federation, at least once a year, shall adopt the Plan for the Reconstruction, Construction of units and settlements, which are of the Federation importance, for accommodation of displaced-expelled persons and repatriates,

-          shall adopt the grounds for drafting the plans referred to in Article 24 of this Law,

-          shall determine the balance of necessary funds in cases when Cantonal funds are insufficient, all with a view to creating conditions for return and exercising the rights of displaced-expelled persons and repatriates and persons referred to in Article 6 of this Law.

2.   The Ministry:

-          shall make the proposal of annual plan for the return and repatriation referred to in Section 1 of this Article,

-          shall prepare the grounds for drafting the Plan referred to in Article 24 of this Law,

-          shall follow up on the implementation of Cantonal plans for the return and repatriation,

-          shall co-ordinate the activities for the realization of Cantonal plans for the return and repatriation

-          shall prepare the plan for the construction of units and settlements, which are of the Federation concern, for accommodation of displaced-expelled persons, repatriates and persons referred to in Article 6 of this Law,

-          shall prepare the balance of necessary funds referred to in Item 1 of this Article, shall co-operate with competent Cantonal authorities, establish inter-entity co-operation and co-operation with UNHCR, other international organizations, as well as with other bodies and organizations,

-          shall keep the main record on displaced-expelled persons and repatriates,

-          shall take care of other activities with regard to exercising the rights of displaced-expelled persons, repatriates and persons referred to in Article 6 of this Law, and in accordance with the Constitution of the Federation of Bosnia and Herzegovina, with this Law and other regulations.

3.   Canton:

-          shall adopt the plan for the return and repatriation for the Cantonal area,

-          shall plan the construction of units and settlements in the territory of the Canton, for accommodation of displaced-expelled persons, repatriates and persons referred

-          to in Article 6 of this Law,

-          shall prepare and determine the balance of necessary funds for the Cantonal area, with a view to creating conditions for the return and exercising the rights of displaced-expelled persons, repatriates and persons referred to in Article 6 of this Law,

-          shall decide who will carry out the activities and shall determine resources indispensable for exercising the rights of displaced-expelled persons, repatriates and persons referred to in Article 6 of this Law, for the Cantonal area, in accordance with this Law and Cantonal regulations,

-          shall organize accommodation in and functioning of reception-transit centers and collective centers,

-          shall carry out census and keep the basic record on displaced-expelled persons and repatriates within its territory,

-          shall co-operate with the competent authorities of other cantons and the Federation, as well as with UNHCR and other international organizations, in particular with regard to the improvement of the planned return of displaced-expelled persons and repatriates,

-          shall carry out other activities with regard to exercising the rights of displaced-expelled persons, repatriates and persons referred to in Article 6 of this Law, in accordance with the Constitution of the Federation of Bosnia and Herzegovina, this Law, Cantonal Constitution, Cantonal regulations, and other regulations and acts.

VI CENSUS AND REGISTRATION OF DISPLACED-EXPELLED PERSONS AND REPATRIATES

Article 28

The competent Cantonal body shall carry out census and keep the basic records on displaced-expelled persons and repatriates within its territory.

The main record on displaced-expelled persons and repatriates for the territory of the Federation shall be kept by the Ministry, on the basis of the basic records referred to in Section 1 of this Article.

A more detailed regulation on keeping the basic and main records referred to in this Article shall be passed by the Minister.

VII RESOURCES FOR FINANCING THE NEEDS OF DISPLACED-EXPELLED PERSONS AND REPATRIATES

Article 29

Resources for financing the needs of displaced-expelled persons, repatriates and persons referred to in Article 6 of this Law shall be provided for from:

-     the Federation budget,

-     Cantonal budget,

-     financial assistance of host countries accommodating refugees,

-     donations and credits of international financial organizations,

-     other sources, in accordance with the Law and Cantonal regulations.

Article 30

Financial resources shall be used for fulfilling the needs of and creating conditions for the return of displaced-expelled persons, repatriates and persons referred to in Article 6 of this Law, in accordance with this Law and Cantonal regulations.

VIII    SUPERVISION OF THE APPLICATION OF THIS LAW

Article 31

The application of this Law, as well as of the regulations governing its application, shall be supervised by the Ministry and the competent Cantonal body, each within its own jurisdiction.

IX PENALTY PROVISIONS

Article 32

The responsible person and/or the employee of the competent administration body shall be fined for a minor offence with 500 KM - !,000 KM if s/he:

1.        Recognizes or revokes the status of a displaced-expelled person contrary to the conditions of this Law (Articles 4 - 7),

2.        Denies temporary accommodation to any displaced-expelled person, repatriate and a person referred to in Article 6 of this Law, in accordance with Article 12 of this Law,

3.        Prevents free and voluntary return of displaced-expelled persons and repatriates (Article 21),

4.        Fails to forward data on census and records on displaced-expelled persons and repatriates,

5.        Performs or fails to perform an action due to which some of other rights of displaced-expelled persons and repatriates that they are entitled to in accordance with this Law, have been violated.

X   TRANSITIONAL AND FINAL PROVISIONS

Article 33

Identification documents verifying the status of a displaced-expelled person and a repatriate, issued in the territory of the Federation in accordance with the regulations therein applied until the day this Law comes into effect, shall remain in effect until being replaced, but at the maximum three months from the day this Law enters into force.

Article 34

The regulations governing the application of this Law shall be passed within 60 days from the day this Law enters into force.

The relevant regulations shall be passed by all the cantons within 90 days from the day this Law comes into force.

Article 35

This Law shall be harmonized with the relevant Law which shall be passed by the Parliamentary Assembly of Bosnia and Herzegovina, within the deadline determined by that Law.

Article 36

The application of the regulations on displaced-expelled persons and refugees, applied in the territory of the Federation prior to entering into force of this Law, shall cease to be applied in the territory of the Federation on the day this Law enters into force.

Article 37

This Law shall enter into force on the eighth day from its publication in the Official Gazette of the BH Federation.