Bosnia and Herzegovina: Lawful Act on Refugees and Displaced Persons

Chapter ONE - BASIC REGULATIONS

Article 1

This act is to establish: the way of determining the status of displaced persons and refugees, rights and duties of displaced persons and refugees, system of provision of means to support displaced persons and refugees, as well as other issues concerning refugees and displaced persons.

Article 2

Republic of Bosnia and Herzegovina (hereinafter the Republic) provides assistance to all persons who are recognized to have status of displaced person or refugee, depending on material abilities, and in accordance with this act.

Chapter TWO - STATUS OF DISPLACED PERSON AND REFUGEE

Article 3

The person who left certain area of the Republic individually or under the force of aggressor, or to avoid direct war danger of the aggressor (threats of death, physical maltreatment, force to leave by aggressor) and who escaped to some other area of the Republic, can be recognized to have the status of a displaced person.

Status of a refugee can be recognized for the person who came to the territory of the Republic from some other country because of the reasons mentioned in paragraph 1 of this article.

Article 4

The person who escaped to the Republic from one of the bordering republics within ex-Yugoslavia which are endangered because of war can be recognized to have temporary status of a refugee, if from this person's behaviour and statement can be concluded that the person respects law system in the Republic.

Article 5

Presidency of the Republic of Bosnia and Herzegovina is the body to declare which areas of the Republic are to be treated endangered because of war.

Article 6

Status of a displaced person or a refugee will not be recognized for the persons who have been sentenced by final court decision for criminal deeds regulated in articles 119, 120, 133, 134, 137, 138, 214, 217, 218, 219 and 227 of Criminal Law of SFR Yugoslavia (Official Bulletin of SFRY, number 44/76, 36/77, 56/77, 34/84, -74/87, 57/89, 3/90, 38/90 and 45/90), which law has been accepted as Republic Law by the Lawful Act on Acceptance of Criminal Law of Yugoslavia (Official Bulletin of RB-H number 2/92), for criminal deeds regulated in articles 203 and 213 of the Criminal Law of Republic Bosnia and Herzegovina (Official Bulletin of SRB-H number 24/91, as well as in the other case regulated by the Government of the Republic of Bosnia and Herzegovina (hereinafter the Government).

Article 7

If the conditions mentioned in article 6 of this act have existed before recognizing the status of a displaced person or a refugee for certain person, and competent body found out about them later, or if these conditions came into existence after the person was recognized to have the status of a refugee or displaced person, that person will be withdrawn the recognition to have the status of displaced person or refugee.

Chapter THREE - DECISION MAKING ON MATTERS CONCERNING DISPLACED PERSONS AND REFUGEES

Article 8

All professional activities and administrative activities connected with them, concerning displaced persons and refugees are to be performed by The Head-Office for Displaced Persons and Refugees of the Republic of Bosnia and Herzegovina (hereinafter the Head-Office).

The Head-Office is an independent subject of law.

Article 9

The Head-office is to perform professional activities and other activities concerning the rights and duties of the displaced persons and refugees and in particular:

•to decide about the status of displaced persons and refugees,

•to propose to the Government: the measures in connection with the care and assistance to displaced persons and refugees, the plan of the displacement, acceptance and care of displaced persons and refugees, plan of schooling, health protection etc.,

•to determine the criteria for the accounting of expenses of the settlement and assistance for displaced persons and refugees,

•to provide the basic conditions for the living of displaced persons and refugees (basic accommodation and food) and conditions for their social adaptation,

•to assure the return of the displaced persons and refugees to their homes,

•to follow the needs of the displaced persons and refugees, to determine primary needs, to make the plan for the fulfillment of the needs and to cooperate with humanitarian and international organizations,

•to organize collection of material means meant for displaced persons and refugees,

•to organize collection of aid in food, clothes, footwear and other necessities for displaced persons and refugees,

•to cooperate with international humanitarian organizations on issues concerning assistance to displaced persons and refugees,

•to propose to the Government to enter trilateral contracts with the countries which have granted temporary asylum to the citizens of the Republic and with UNHCR with the aim to provide protection of their national identity, schooling, health protection, etc.

Article 10

The activities mentioned in articles 4 and 9 of this Act are to be undertaken in cooperation with the Headquarters for displaced persons and refugee care (hereinafter the Headquarters).

Article 11

The Head-Office is to cooperate with The High Commissioner for Refugees (UNHCR), Disaster and Relief Organization (UNDRO) , UNICEF, The International Committee of Red Cross, The Federation of Red Cross and Red Crescent organizations, Caritas, and other similar international and national organizations, bodies, administrative bodies, and other state bodies and organizations.

Article 12

For the purpose of organized collection of humanitarian aid and assistance in refugee care abroad the Government can, upon the proposal of the Head-Office, appoint the missions and representatives of the Head-office abroad.

Article 13

The Head-Office will perform its activities in the area of one municipality or the city of Sarajevo through their county office.

The county offices are to be established as organizational units of the Head-office, outside of the Head-office residence.

The county office will be managed by the director, appointed by the Government upon the proposal of the Director of the Head Office.

Article 14

Decision on recognition or withdrawal of existing recognition for certain person to have the status of the displaced person is to be made by the county office competent for the territory where this person resides, decree.

Decision on recognition or withdrawal of existing recognition for certain person to have the status of the refugee is to be made by the Head-office.

It is possible to appeal to the Head office against the decree by which the status of the displaced person has been denied to be recognized or by which the existing recognition has been withdrawn.

It is possible to appeal to the Government against the decree by which the status of the refugee has been denied to be recognized or by which the existing recognition has been withdrawn.

The Head-Office and the Government have to issue a decree deciding upon the appeal within 2 days period of time since they receive the appeal.

Article 15

The county office which has decided about the recognition of the displaced person status is to keep record about displaced persons, their care and assistance.

Record, mentioned in paragraph I of this article, for the refugees, is to be kept by the Head-Office.

The Director of the Head-Office is to pass formal instructions about the system of record-keeping mentioned in paragraph 2 of this article, in 15 days period of time since the day of coming into effect of this Act.

Article 16

Organizations of Red Cross and Red Crescent may use the data about displaced persons and refugees for the needs of their seeking bureaus.

Article 17

The county office, which has recognized the status of the displaced person with the decree, are obliged to inform the competent Public Security station of the Ministry of Interior about this fact in two days period of time since recognition of the status, because of the registration of the displaced person in the municipality, as well as the administrative body of the municipality competent for the activities of defence, for the persons older than 18 years of age.

Article 18

The Head-Office informs competent security service centre, Ministry of Interior and county office.

Article 19

The person which has been recognized to have the status of a displaced person or refugee according to this Act can realize the rights or receive public documents, in accordance with existing regulations, which prove the status of a displaced person or a refugee.

Article 20

The person recognized to have the status of a displaced person is to lose that status when:

1.         The county office for the displaced persons and refugee care competent for the area of that person's residence pass such decree due to the stop of existence of the reasons which forced the person to escape from the original residence;

2.         That person decides to return to original residence by own decision;

3.         That person refuses to accept offered organized accommodation or shapes of organized assistance;

4.         That person does not fulfill the duties mentioned in article 38 of this Act.

Article 21

The person from the areas of the republics of ex-Yugoslavia reflected by war which has been recognized to have the status of a refugee is to lose that status when:

1.         It is possible to conclude from that person's behavior not to respect the law system of the Republic;

2.         That person decides to leave the Republic by own decision;

3.         That person refuses to accept offered organized accommodation or othershapes oforganizedassistance.

4.         Such thing has been agreed by the conditions of trilateral contracts.

Article 22

The person which has been recognized to have the status of displaced person will lose all rights mentioned in this Act when that person is drafted for military or working obligation and when is receiving the compensation for that in accordance with special regulations.

Article 23

Competent state body which has drafted displaced person for military of working obligation is obliged to inform the county office of the municipality of that person's residence about the draft.

Article 24

County office which has decided to recognize certain person to have the status of displaced person will issue identification card which proves the status, to that person.

To the refugee, identification card mentioned in paragraph 1 of this article will be issued by the Head-Office.

The director of the Head-Office is to establish a form of the identification card mentioned in paragraph 1 of this article in 15 days period of time since this Act has come into effect.

Chapter FOUR - ASSISTANCE TO DISPLACED PERSONS AND REFUGEES

Article 25

The person which has been recognized to have the status of a displaced person is to be provided with:

1.         basic accommodation,

2.         feeding,

3.         assistance in social adaptation and psychological support,

4.         schooling of the children,

5.         health protection,

6.         assistance in the fulfillment of other basic needs of life.

Article 26

The person which has been recognized to have the status of a refugee is to be provided with:

1.         basic accommodation,

2.         feeding,

3.         primary health protection,

4.         other ways of assistance in accordance with the decision of the Government.

Article 27

Basic accommodation in accordance with articles 25 and 26 of this Act considers inhabiting space established in accordance with the number of household members of the displaced person or a refugee and their age, as well as their specific needs based on the health conditions and schooling of the individual household members, the space which provides basic conditions for living.

Criteria for inhabiting which provides basic conditions for living are to be established by the Ministry for Environment, Urbanism and Constructing, within 15 days period of time since this Act has come into effect.

Displaced persons can be accommodated in accepting centres, collective centers or host families.

The decision about which facility can be used as accommodation for the displaced persons and refugees is to be made by the Headquarters of the municipality on whose territory the displaced persons and refugees are to be accommodated.

The conditions for the provision of accommodation, feeding and other basic needs for living as well as the compensation for these services are to be established by the Head-Office.

Article 28

For the purpose of feeding of displaced persons and refugees in the places of their acceptance or accommodation such feeding is to be organized in suitable capacities (e.g. institutions for social protection, hotels, communal kitchens etc.), or by assisting them with food (basic food items).

Exceptionally, if displaced persons and refugees cannot be assisted with food and other basic necessities for living on some other way, they may be assigned financial assistance.

Assistance in food and other basic necessities for living can be given to the persons accommodated in collective centers facilities, to the persons accommodated in host families and to the host families who accepted displaced persons or refugees, regardless of the shape of this assistance: basic food and other items, tickets for food or financial assistance.

The Head-Office is to establish unique criteria for the assignment of the assistance mentioned in paragraph 3 of this article.

Article 29

Displaced persons and refugees who have been provided with the accommodation in a house, in an apartment, in the part of an apartment, in the weekend-house or other facility where they can organize independent household and live are to be provided with food and basic necessities for living by standardized parcels of food and other necessities, with tickets and financial assistance for other items, but under conditions and in the way established in article 27 of this Act.

Article 30

Social adaptation and psychological help to the displaced persons are to be accomplished by their active involvement in the life of new social environment, in accordance with their age, occupation, psycho-physical and other interests.

Program of assistance in social adaptation and psychological assistance is to be established by the Head-Office.

Article 31

The schooling of the displaced persons and refugees children is to be accomplished through the Ministry of Education, Science, Culture.

Article 32

Health protection of the displaced persons and refugees is to be accomplished in accordance with the regulations about health protection and health insurance.

Article 33

For the place where collective acceptances of displaced persons and refugees take place or for the area of commune where there are many displaced persons and refugees accommodated there is to be appointed the leader of the community.

The leader of the community is to be appointed by the Headquarters among the displaced persons and refugees.

The leader of the community is to represent the displaced persons and refugees and to act in their behalf regarding their requests about the conditions of their accommodation, quality of food and fulfillment of basic needs for living and to coordinate and to manage activities of the displaced persons and refugees with the aim to self-organize the life in the community.Leader of the community is to cooperate with county office, centre for social work, the Headquarters and other organizations which are meant to provide assistance to displaced persons and refugees.

Article 34

The Head-Office is to establish the plan for the return of the displaced persons and refugees, in consultation with the Headquarters of the municipality, for the purposes of provision of the return for the displaced persons and refugees to their original place of residence and provides the conditions for that purpose: transportation, escort to and acceptance at the place of residence with necessary assistance.For the purposes of the organization of the return for the displaced persons and refugees to their original residence the Committee for Return is to be established. The members of this Committee are to be the representatives of the displaced persons and refugees of the certain municipality.

The Committee for Return of displaced persons and refugees is to be established by the Head-Office.

Chapter FIVE - MEANS FOR THE WORK OF THE HEAD-OFFICE

Article 35

The means for the needs of displaced persons and refugee care are to be provided by the Head-Office from:

•Budget of the Republic

•voluntary contributions in local and hard currency from the citizens, companies and other subjects of law as well as individuals from the country and abroad.

The Head-Office is to keep local currency and hard currency means on the separate accounts.

Article 36

The income earned by the Head-Office, for the purposes it is established for, are free of taxes.

Article 37

The Director of the Head-Office is to pass Regulations about the criteria for the assignment of the means, their kind and amount possible to be assigned, with the agreement of the Government and within 15 days period of time since this Act has come into effect.

Chapter SIX - THE DUTIES OF DISPLACED PERSONS AND REFUGEES

Article 38

The person recognized to have the status of a displaced person or a refugee is obliged to fulfil the duties regulated by this Act.

Displaced persons and refugees are in duty to fulfill the working obligations which reflect their every-day life, such as making tidy the room where they are accommodated or which they use, washing, ironing, food collecting and preparing, taking care of the children, accounting and other administrative or professional activities.

Article 39

Displaced persons who have income, such as salary, pension etc. are in a duty to get involved in covering the expenses of the care they are provided with, (expenses of the basic accommodation and organized feeding) up to the amount decided by the Head-Office.

The means collected in the way mentioned in paragraph 1 of this article are to be contributed to the account of the Head-Office.

The duty of a displaced person to be involved in the covering of the expenses of the care provided is to be determined by the county office competent considering the territory of accommodation.

Chapter SEVEN - FINAL REGULATIONS

Article 40

Displaced persons and refugees who are provided with accommodation, feeding and the fulfilment of the basicnecessities of living in accordance with this Act, are to lose all rights and shapes of social protection which they were entitled to based on the Law on Social Protection (Official Bulletin of SRB-H, number 39/84).

Article 41

This Act is to reflect the persons who left their original residence to avoid the life-danger situation caused by natural disastrous or technological accident.

Article 42

The Head-Office is to pass the Decrees mentioned in article 9 line 3, article 27, paragraph 5 and article 28 paragraph 4 of this Act, within 30 days period of time since this Act has come into effect.

Article 43

This Act is to come into effect on the day of its publication in the Official Bulletin of RB-H.