Return of Houses and Apartments

Canton 10 - Herzeg-Bosnian District

AIM Livno, 15 March, 1999

According to the data about Canton 10 coming from the office of assistant ombudsman of the B&H Federation, by the end of February this year, refugees, banished and displaced persons have submitted the total of 1,713 requests to the authorities in the canton for repossession of socially-owned apartments which prewar users lay tenancy claims to and family houses which there is the right of ownership established in land registers. Out of that number, 1,467 demandas refer to return of socially-owned apartments which are at the moment inhabited by banished and displaced persons of Croat ethnic origin.

DRVAR

The greatest number of requests for repossession of apartments and houses by their earlier users and real owners was submitted to the relevant municipal administration agencies in Drvar, the total of 708, 698 of which for return of tenancy right, and 10 for return of family houses. Applicants are banished persons and returnees of Serb ethnic origin, and according to the words of the assistant federal ombudsman in Livno (which covers municipalities of Bosansko Grahovo and Drvar), Branko Perkovic, results of 1997 municipal elections have not been implemented yet, nor is there a municipal agency which would be charged with decision-making on requests for return of property to its owners.

"Representatives of the Serb people in municipal authorities and administration do not come to work, nor do they stay in Drvar, and in such circumstances it is impossible to consider the submitted requests", says Perkovic, clarifying that these are the reasons why so far not a single request for return of houses and apartments has been acted on.

LIVNO

To the municipal committee for construction and town planning of Livno refugees and displaced persons of Serb and Bosniac ethnic origin have submitted the total of 276 requests, 149 of which refer to reassertion of tenancy rights, and 127 to return of family houses. Out of the total number of submitted requests, the municipal authorities reached decisions in nine cases in favour of applicants, but not one has been carried out. "The municipal department of property and legal affairs in Livno has no head, bceause nobody wishes to undertake this job, so a commission has been formed which is charged with decision-making on the requests for return of houses and apartments. But this commission has not met yet nor considered the submitted requests of members of minority groups", says Midhat Osmancausevic, assistant federal ombudsman for Livno and Glamoc municipalities.

Osmancausevic stresses that so far ten odd family houses have been returned to Livno Bosniac returnees, which had in the past several years been inhabited by Croats banished from Bugojno, but these houses have been returned by agreement of their temporary users and their true owners, thanks to the fact that the banished Croats were enabled to return to their own reconstructed houses on the territory of the municipality of Bugojno. He says that he has got firm promises of representatives of municipal authorities in Livno that this spring eviction will begin of banished Croat and domiciled Croats who do not have decisions of municipal authorities on temporary use and who at the same time use two housing units - a house and an apartment.

BOSANSKO GRAHOVO

In the municipality of Bosansko Grahovo, persons of Serb ethnic origin who wish to return have submitted 306 requests, 301 of which are for apartments on which there are tenancy claims and 5 family houses. Not a single decision on return of real estate has been reached yet, and according to the words of assistant ombudsman, executive authorities have not been established in this municipality either, nor is there any cooperation between the elected representatives of the Croat and the Serb people. In fact, dual, parallel authorities still operate in this municipality, since along with the legally elected municipal council, there is the municipal committee formed of self-proclaimed representatives of the Croats living on the territory of the municipality of Bosansko Grahovo.

KUPRES

On the territory of Kupres municipality, 221 requests have been submitted, for 174 apartments and 47 houses. Out of the total number of requests, the municipal agency in charge reached 55 decisions and 40 were carried out, but in favour of returnees of Croat ethnic origin. It is true that two decisions have also been made in favour of giving persons of Serb ethnic origin back socially-owned apartments, but they cannot be carried out for a very simple reason - the apartments were heavily damaged during the war so that it is impossible to live in them.

GLAMOC

Municipal authorities in Glamoc received 86 requests - 94 referring to apartments and 2 to houses, and 17 decisions on apartments have been reached in favour of persons of Serb and Bosniac ethnic origin who are at the moment living on the territory of B&H Federation and Republika Srpska. But, none of these decisions has been carried out, and according to what the assistant federal ombudsman for Canton 10 says, Croat authorities in Glamoc are preventing the Croat banished persons to leave Glamoc and return to their prewar places of residence on the territory of B&H Federation, which would free many houses and apartments for the returnees of Serb and Bosniac ethnic origin.

TOMISLAV GRAD

In Tomislav Grad municipality, by the last day of February, there have been 106 requests, 55 for houses and 51 for apartments. Not a single request has been decided although there are two departments of the administration which are in charge of decision-making concerning requests in this field.

OBSTRUCTION OF MUNICIPAL AUTHORITIES

According to the words of assistant federal ombudsman in Canton 10, the decision of federal parliament to prolong the deadline for submitting requests for return of housing units which there are tenancy claims on until 6 March, 2000, was welcomed by refugees and displaced persons from this region because due to various administrative and other obstacles, less than one third of those who are legally entitled to it have submitted requests to have their prewar homes returned to them. "Municipal authorities acted very slowly when submitting of such requests is concerned, one could even say that they obstructed reception of requests on purpose in order to postpone return of apartments to their prewar tenants. In this way, municipal heads slowed down implementation of Annex 7 of the Dayton peace accords and return of refugees and displaced persons to their prewar places of residence", it is underlined by assistants federal ombudsman in Canton 10, Edita Maglica, Midhat Osmancausevic and Branko Perkovic who add that out of 1,713 of the submitted requests for return of houses and apartments and 40 issued decisions reached concerning these requests, not a single one has been carried out in favour of returnees of Bosniac and Serb ethnic origin.

Nedzad VREBAC (AIM Livno)