End of War Legislature?

Return of Tenancy Rights and Private Property

AIM Sarajevo, 27 August, 1997

    The highest representatives of the authorities of the

B&H Federation and leaders of the ruling Party of Democratic Action (SDA) and the Croat Democratic Community (HDZ) recently finally accepted the proposal of the international community that the laws which regulated the questions of the abandoned housing units and prtivate property and real estate during the war be put out of force, in other words that the government of the B&H Federation and the parliament adopt new laws pursuant which tenancy rights, private property and real estate would be returned to their previous, prewar owners. These laws were drafted by the office of the high representative, and they were also simultaneously elaborated for Republica Srpska in order that this exceptionally significant question be resolved in both entites.

Laws from the office of the high representative, known to the public as "Bildt's laws", put out of force all laws and regulations adopted in the period between 30 April, 1991, and the day of coming into force of the new laws. As a reminder, based on the currently valid laws and regulations, housing units and real estate belonging to persons who had left the country were proclaimed to be temporarily abandoned, and temporarily or permanently given to new users. In short, the new legal regulations will enable a large number of refugees and banished persons who abandoned their apartments or estates during the war to get them back.

Significance of the law from the office of the high representative, the one concerning return of refugees, especially from Germany, was recently pointed out to the federal leaders by the foreign minister of this country, Klaus Kinkel, himself.

Adoption of these laws in itself, does not mean that a large number of people, especially combatants, who have not taken possession of other people's homes for no reason, will be thrown out into the street. The destiny of persons with temporary permits will be the concern of municipalities on the territory of which housing units were allocated to them, which will provide emergency accommodation for them. As concerning those who were issued permanent permits, the law does not prescribe emergency accommodation for them, but they will be provided for by the owner of the apartment by resolving their housing problem as a priority.

The law prescribes that all issued permits both in the Federation and in RS shall be treated as temporary. In other words, those who were deprived of their tenancy rights by court, shall be entitled to lodge an appeal against such a court decision. Within six months from coming into force of this law, the previous owner shall apply to be given back tenancy right, or it can be done within a year, if the applicant is capable of proving that it was impossible for him to get acquainted with the law within the prescribed time limit. The application for return of the housing unit, but also of property, in writing along with the signature of the owner, or oral, in person or by proxy, shall include all the necessary data about the housing unit or property, evidence that the applicant is the bearer of tenancy right, owner of the property, as well as the date when the bearer of tenancy right or the owner of proerty intends to return to the housing unit or use his property again. The competent administrative agency shall decide about applications for return of tenancy right or the abandoned property within 30 days.

There is no doubt that adoption of the drafted laws from the office of the high representative will introduce more order and resolve the essence of the problems which arise concerning use of somebody else's housing units and private property. However, it is questionable how they will be implemented, especially because the parliament of B&H Federation, although just its Chamber of Representatives, and not the Chamner of Nations, has already adopted the law on sale of housing units which have tenants, the provisions of which are greatly contrary to the law from the office of the high representative. But also, how will the representatives of the authorities, both in the Federation and Republica Srpska, explain to their citizens that they were so far just inspiring false hopes and conviction that they would find a solution for their permanent residence in other people's housing units? The question is even more acute because representatives of the international community insist on resolving these issues at the time of forthcoming, local elections in B&H, which would in any case be good for the growing awareness of the public.

M. MICEVSKA

(AIM, Sarajevo)