National and Regional Laws and Policies
on Internal Displacement

BOSNIA

At the end of the conflict in Bosnia and Herzegovina in 1995, more than 2.2 million people, almost half the country’s inhabitants, had been uprooted, of whom approximately one million had become internally displaced. In December 1995, the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) signed the General Framework Agreement for Peace in Bosnia and Herzegovina and its Annexes. However, between 1996 and 1999, an additional 200,000 were displaced, among them 80,000 persons, most of them Serbs, following the transfer of territories between the Republika Srpska and the Federation of Bosnia and Herzegovina.

The Representative of the UN Secretary-General on the human rights of internally displaced persons undertook a mission to Bosnia in June 2005, following which he reported on the implementation of the legal and institutional framework for the protection of the internally displaced and victims of war crimes and crimes against humanity.

For access to the mission reports of the Representative, go to: http://www.ohchr.org/english/issues/idp/visits.htm

General Framework Agreement for Bosnia and Herzegovina, Annex VII (1995)

Purpose: Recognizing that the observance of human rights and the protection of refugees and displaced persons are of “vital importance” in achieving a lasting peace, the Parties to the General Framework Agreement developed an agreement on refugees and displaced persons to detail the legal and institutional framework for addressing their rights.

Responsibilities: Annex VII recognizes the role of UNHCR in the lead humanitarian role of UNHCR, as well as the role of other organizations including ICRC and UNDP (Art. III (1), (2)). Annex VII also creates the Commission for Displaced Persons and Refugees (Ch. Two) which is mandated to receive and decide upon property claims by refugees and the displaced (Art. XI).

Other provisions of note include:

• access for humanitarian and human rights organizations (Art. III (2));
• cooperation with ICRC to assist in tracing activities (Art. V);
• amnesty for displaced persons charged with a crime, other than a serious violation of international humanitarian law (Art. VI);
• creation of legal ground for claiming right to real property (Art. XI);
• establishment of Refugees and Displaced Persons Property Fund (Art. XIV).

Instruction on the Return of Bosnian Refugees and Displaced Persons to/within the Territory of Bosnia and Herzegovina (1999)

Purpose: To regulate the return of Bosnian refugees and displaced persons, the involvement of relevant authorities and to describe the role of UNHCR and other institutions involved in the return of refugees.

Responsibilities: The Department for Refugees of the Ministry for Civil Affairs and Communication has primary responsibility for sharing information among relevant authorities and organizations, and a supervisory role in relation to data quality (para 3).

Content: The Instruction establishes the steps necessary to organize the return of refugees and displaced persons.

Provisions of note include:

• application process for return of displaced persons (paras 6 - 10);
• property assessments (paras 11 – 16);
• process for reaching a decision on an application to return (paras 13 – 16);
• use of information about refugees and displaced persons (para 23-26)

Law on Refugees from Bosnia and Herzegovina and Displaced Persons in Bosnia and Herzegovina (1999, amended 2003)

Purpose: The Law implements Annex VII through national legislation by regulating: the acquisition and cessation of the status of refugees, displaced persons and returnees; the rights of the same; the method of exercising those rights; and mechanisms for supporting return of displaced persons (Art. 1). The Law also elaborates on the functions of the Commission for Refugees and Displaced Persons and Return Fund established pursuant to the General Framework Agreement.

Responsibilities: The Ministry for Human Rights and Refugees has primary responsibility for drafting the program of return of refugees and displaced persons, as well as monitoring its implementation (Art. 10). The Ministry is also responsible for policy-making, coordinating and supervising the objectives identified by Annex VII of the General Framework Agreement for Peace in Bosnia and Herzegovina (Art. 21).

Content: the Law addresses the rights of both refugees and internally displaced persons, with particular focus on the rights to return, to housing, and to property.

Provisions of note include:

• recognition of the principles of equality and non-discrimination (Art. 2);
• definition of a ‘displaced person’ for the purposes of receiving the benefits detailed in the Law (Art. 4);
• criteria to determine when the status of being ‘displaced’ ends (Art. 7);
• right of voluntary return or to choose another permanent residence (Arts. 9, 12);
• property rights (Arts. 13 -16);
• criteria for identifying potential beneficiaries of return and housing reconstruction projects (Art. 22);
• general sources of funding for refugee and displaced programs (Art. 25).

Instruction on Keeping Main and Basic Records of Displaced-Expelled Persons and Repatriates for the Territory of the Federation of Bosnia and Herzegovina (2000)

Purpose: The Instruction prescribes the method of keeping basic and main records of displaced persons, refugees and returnees.

Responsibilities: The Federation Ministry of Social Affairs, Displaced Persons and Refugees is responsible for keeping the main records (para 2). In turn, the competent Cantonal administrative body is responsible for keeping basic records for the territory of that Canton (para 3).

Content: The Instruction describes a ‘basic record’ (section II) and ‘main record’ (section III) for the purposes of the Instruction. It also sets out the timeframe and method of sharing this information between the Cantonal administrative bodies and the Federation Ministry (section IV).

Instruction on the Form of a Displaced-Expelled Person Card (2000)

Purpose: To prescribe in detail the procedure for issuance and the form of a displaced person card (para 1).

Responsibilities: The competent Cantonal administrative body are to issue cards (para 5).

Content: Every person whose status[1] as a displaced person has been recognized is to be issued with a card in accordance with the Instruction (para 2). The Instruction details the information to be included on the card (para 7).

Law on Personal Identification Number (2001)

Purpose: To regulate the designation, allocation, registration, storage and use of personal identification number (JMB) of citizens and aliens in Bosnia and Herzegovina (Art. 1).

Responsibilities: Issuance, annulment and replacement of a JMB are to be carried out within the respective jurisdictions of the displaced persons by the Police Administration within the Cantonal Ministry of Interior. Appeals are allowed to the Ministry of Civil Affairs and Communications (Art. 3).

Content: The Law applies generally to all citizens and aliens in Bosnia and Herzegovina. Specific provisions relating to displaced persons and returnees regulate:

• registration of an existing JMB in the place of temporary residence (Arts. 43, 44);
• designation of a JMB when the displaced person or returnee had not previously been designated a number (Arts. 49, 50);
• designation or registration of a JMB in the event the person does not possess any personal documentation (Arts. 45, 49, 50).

Law on Identity Cards of Citizens of Bosnia and Herzegovina (2001)

Purpose: To regulate the issuance, annulment and replacement of identity cards.

Responsibilities: Issuance, annulment and replacement of identity cards are to be carried out by the Police Administration within the Cantonal Ministry of Interior. Appeal is allowed to the Ministry of Civil Affairs and Communications (Art. 7).

Content: the Law applies generally to all citizens of Bosnia and Herzegovina. Specific provisions relating to displaced persons and returnees regulate:

• issuance of identity cards to displaced persons in their place of temporary residence (Arts. 7, 29);
• limited validity of cards to two years (Art. 29);
• replacement of cards on return to previous place of permanent residence (Art. 31);
• issuance of identity card in the event the person does not possess any personal documentation (Art. 33);
• penalty provisions (Art. 35).

Law on Permanent and Temporary Residence of Citizens of Bosnia and Herzegovina (2001)

Purpose: To regulate the permanent and temporary residence of citizens of Bosnia and Herzegovina, including the temporary residence of displaced persons (Art. 1).

Responsibilities: Registration and de-registration of permanent and temporary residence and of home address is to be carried out by the Police Administration within the Cantonal Ministry of Internal Affairs. Appeal is allowed to the Ministry of Civil Affairs and Communications (Art. 5).

Content: The Law applies generally to all citizens of Bosnia and Herzegovina. Specific provisions relating to displaced persons and returnees regulate:

• registration in the event that it is not possible to verify the pre-conflict permanent residence of a citizen (Art. 19);
• registration in the event that evidence of identity or pre-conflict permanent residence cannot be provided (Arts. 20, 25);
• requirement that all displaced persons register their place of temporary residence (Art. 23);
• penalty provisions (Ch. V).

Law on Displaced Persons and Returnees in the Federation of Bosnia and Herzegovina and Refugees from Bosnia and Herzegovina (2005)

Purpose: The Law of 2005 supplements the Law of 1999. In particular, the Law of 2005 details the institutional and administrative mechanisms for providing reconstruction assistance; clearly states the responsibilities of the relevant bodies in protecting the rights of displaced persons and returnees; and requiring cantonal bodies to conduct a census and registration of displaced persons and returnees.

Responsibilities: Article 37 lists the primary responsibilities of the federation government, the federation ministry and the responsible cantonal bodies in protecting the rights and creating conditions for the return of displaced persons and returnees. Other responsibilities not mentioned in Article 37 include, for example, recognition and cessation of the official status of ‘displaced person’ by the responsible cantonal bodies (Art. 7)

Content: The Law of 2005 reiterates substantive provisions contained in the Law of 1999 including the definition of a ‘displaced person’ (Art. 4) and their rights (Art. 11). It also supplements the Law of 1999, particularly in relation to the following:

• definition of ‘returnee’ (Art. 5);
• additional grounds to terminate the status[2] of ‘displaced persons’ (Art. 10);
• additional rights of the displaced, particularly in relation to temporary accommodation (Art. 11, 12 – 17);
• institutional and administrative mechanisms for providing reconstruction assistance (Section IV);
• census/registration of displaced persons and returnees (Art. 38);
• penalty provisions (Art. 42).