REGIONAL LEGAL ASSISTANCE PROGRAMME Support to the Return of Refugees and Internally Displaced...

REGIONAL LEGAL ASSISTANCE PROGRAMMEREGIONAL LEGAL ASSISTANCE PROGRAMMESupport to the Return of Refugees and Internally Displaced Persons through Support to the Return of Refugees and Internally Displaced Persons through

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PRESENTATION:PRESENTATION:

A STUDYA STUDYon Access to Pertaining Rights and on Access to Pertaining Rights and

(Re)integration of Displaced Persons in (Re)integration of Displaced Persons in Croatia, Bosnia and Herzegovina and Croatia, Bosnia and Herzegovina and

Serbia in 2006Serbia in 2006

National Political-Legal Frameworks and National Political-Legal Frameworks and Their Implementation in PracticeTheir Implementation in Practice

Belgrade, Belgrade, 5 5 March 2007March 2007


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Lead implementing agency: Lead implementing agency: The OSCE Mission to SerbiaThe OSCE Mission to Serbia

Project leader:Project leader: Ruzica Banda, National Human Rights Ruzica Banda, National Human RightsOfficer, the OSCE Mission to SerbiaOfficer, the OSCE Mission to Serbia

Implemented by: Implemented by: Regional Legal Aid NGO NetworkRegional Legal Aid NGO Network

The Coordinator of RLAPThe Coordinator of RLAP: Ljubomir Mikic, the Centre for: Ljubomir Mikic, the Centre forPeace, Legal Advice andPeace, Legal Advice and Psychosocial Assistance –Psychosocial Assistance –VukovarVukovar

The Coordinator of The Coordinator of RLAPRLAP Legal-Analytical Team: Legal-Analytical Team: RatkoRatkoBubalo, the HumanitarianBubalo, the Humanitarian Centre for Integration andCentre for Integration andTolerance - Novi SadTolerance - Novi Sad


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Regional Legal Aid NGO NetworkRegional Legal Aid NGO Network

SerbiaSerbia the Humanitarian Centre for Integration and Tolerance the Humanitarian Centre for Integration and Tolerance the Serbian Democratic Forum the Serbian Democratic Forum the Balkan Centre for Migration and Humanitarian Activities the Balkan Centre for Migration and Humanitarian Activities PRAXISPRAXIS Group 484 Group 484

Croatia Croatia the Serbian Democratic Forum the Serbian Democratic Forum the Association Gorica the Association Gorica the Civil Rights Project – Vukovar the Civil Rights Project – Vukovar the Civil Rights Project – Sisak the Civil Rights Project – Sisak the Centre for Peace, Legal Advice and Psychosocial Assistance – Vukovarthe Centre for Peace, Legal Advice and Psychosocial Assistance – Vukovar

Bosnia and HerzegovinaBosnia and Herzegovina International Lex International Lex

the regional project Movimento por la Paz, el Disarme y la Liberdad the regional project Movimento por la Paz, el Disarme y la Liberdad (MPDL)(MPDL)


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Main objective of RLAPMain objective of RLAP facilitating access to rights by and local (re)integration of displaced facilitating access to rights by and local (re)integration of displaced

personspersons

through provision of legal aid and permanent monitoring of the through provision of legal aid and permanent monitoring of the status ofstatus of

representative legal cases in specific legal areasrepresentative legal cases in specific legal areas

FocusFocus of the Study of the Study analysis of existing mechanisms supporting creation of durable analysis of existing mechanisms supporting creation of durable

solutions and their application in practice solutions and their application in practice overview overview ofof access to pertaining rights by displaced persons access to pertaining rights by displaced persons in in

Croatia, Bosnia & Herzegovina, Serbia Croatia, Bosnia & Herzegovina, Serbia possibility of return and local (re)integration possibility of return and local (re)integration in the Regionin the Region

SourcesSources information collected and processed by the NGOs constituting RLAP information collected and processed by the NGOs constituting RLAP

networknetwork


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STATISTICAL OVERVIEW OF THE STATISTICAL OVERVIEW OF THE DISPLACEMENT IN THE REGIONDISPLACEMENT IN THE REGION


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CroatiaCroatiaDisplacement 1991 – 1997: 950.000 of pre-war citizens Displacement 1991 – 1997: 950.000 of pre-war citizens

displaceddisplaced

- 550.000 mainly ethnic Croats- 550.000 mainly ethnic Croats- 400.000 mainly ethnic Serbs - 400.000 mainly ethnic Serbs 330.000 Serbia330.000 Serbia && MontenegroMontenegro40.000 B&H40.000 B&H32.000 Croatian Danube Region (UNTAES)32.000 Croatian Danube Region (UNTAES)

Returns 1995 – 2006: 341.081 officially registered returneesReturns 1995 – 2006: 341.081 officially registered returnees

- 64% mainly ethnic Croats64% mainly ethnic Croats- 36% mainly ethnic Serbs36% mainly ethnic Serbs89.428 from Serbia89.428 from Serbia && MontenegroMontenegro8.997 from B&H8.997 from B&H23.606 from Croatian D23.606 from Croatian Daanube Region (UNTAES)nube Region (UNTAES)


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Bosnia & HerzegovinaBosnia & Herzegovina

Displacement 1992 – 1995: 2.2 millionDisplacement 1992 – 1995: 2.2 million

- 40% refugees in Serbia & Montenegro, and Croatia40% refugees in Serbia & Montenegro, and Croatia- Germany and Austria main countries of asylum outside Germany and Austria main countries of asylum outside

the Region (hosted approx. 40% of B&H refugees)the Region (hosted approx. 40% of B&H refugees)

Reutrns 1995 – 2006: 50% of refugees and IDPs have Reutrns 1995 – 2006: 50% of refugees and IDPs have returnedreturned

Displacement in 2006: 0.5 million refugees in other Displacement in 2006: 0.5 million refugees in other countriescountries

Almost 100,000 refugees from BAlmost 100,000 refugees from B&&H and over 180,000 H and over 180,000 IDPs IDPs in in BB&&HH

still seek a permanent solution, particularly through returnstill seek a permanent solution, particularly through return


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SerbiaSerbiaOfficially registered refugees from other countries in Officially registered refugees from other countries in

1996: 538.0001996: 538.000

Officially registered refugees from other countries in Officially registered refugees from other countries in 2006: 106.0002006: 106.000

Number of returns to country of origin by 2006: 130.000 Number of returns to country of origin by 2006: 130.000 70.000 to B&H70.000 to B&H60.000 to Croatia60.000 to Croatia

20.000 refugees reset20.000 refugees resetttled in third countrled in third countriieses

350.000 refugees regardless of the official recognition of 350.000 refugees regardless of the official recognition of thethe

status still in need of assistance to localstatus still in need of assistance to locallly integrate or y integrate or return return


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ACCESS TO RIGHTS AND THE ACCESS TO RIGHTS AND THE POSSIBILITY OF POSSIBILITY OF

(RE)INTEGRATION OF (RE)INTEGRATION OF DISPLACED PERSONSDISPLACED PERSONS


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The restitution of (private) The restitution of (private) propertyproperty


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CroatiaCroatia

Privately owned housing unitsPrivately owned housing units

September 2006 – September 2006 – 1818 cases remained to be solved out of total of cases remained to be solved out of total of 19.280 19.280 occupied housing occupied housing units units

Categories not included in that number: properties claimed in court proceedings; cases Categories not included in that number: properties claimed in court proceedings; cases addressed toaddressed to

the State Attorney’s Office; unclaimed properties relate to approx. to the State Attorney’s Office; unclaimed properties relate to approx. to 219219 cases cases

Supremacy given to temporary occupants oSupremacy given to temporary occupants ovver rightful owners – principle successfully er rightful owners – principle successfully challenged challenged

before the ECHR ( judgments Radanovic vs Croatia; Kunic vs Croatia)before the ECHR ( judgments Radanovic vs Croatia; Kunic vs Croatia)

Agricultural land and business premisesAgricultural land and business premises

66 pending cases officially reported in June 2006 pending cases officially reported in June 2006 Reported number of unresolved cases vary betweenReported number of unresolved cases vary between 2020 and and 125125 cases cases

Movable propertyMovable property

Not included in the Road Map of the RoC Not included in the Road Map of the RoC Restitution mechanisms do not existRestitution mechanisms do not exist Unavailability of movable property inventory listsUnavailability of movable property inventory lists ( ( placed under RoC temporary placed under RoC temporary

administrationadministration ) )


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Entity laws on the cessation of the application of laws on the use of abandoned property Entity laws on the cessation of the application of laws on the use of abandoned property apply to allapply to all

immovable properties, including flats with occupancy/tenancy right over it immovable properties, including flats with occupancy/tenancy right over it

Housing units return ratioHousing units return ratio

More than More than 99%99% of occupied housing units returned - referring to of occupied housing units returned - referring to 200.000200.000 cases cases

Less than Less than 1%1% of pending cases include: of pending cases include: Apartments that were subject to exchangeApartments that were subject to exchange ‘’‘’Military’’ (JPA) apartments Military’’ (JPA) apartments

Occupancy / Tenancy rights: Occupancy / Tenancy rights: 3%3% of all requests for repossession submitted outside of all requests for repossession submitted outside prescribedprescribed

deadlines deadlines – – right terminated right terminated ex legeex lege

Entitlement for repossession of ‘’military’’ apartments conditioned by:Entitlement for repossession of ‘’military’’ apartments conditioned by: continuing service in any armed forces outside B&H after 14 December 1995continuing service in any armed forces outside B&H after 14 December 1995 recognition or lack of refugee statusrecognition or lack of refugee status acquisition of Occupancy / Tenancy rights from the former JPA housing stock or from any acquisition of Occupancy / Tenancy rights from the former JPA housing stock or from any

newly established military housing stocksnewly established military housing stocks


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The reconstruction of destroyed The reconstruction of destroyed and damaged housing units in and damaged housing units in

private ownershipprivate ownership


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CroatiaCroatia

Reconstructed housing unitsReconstructed housing units

141.160141.160 reconstructed houses and apartments by 2006 reconstructed houses and apartments by 2006

In the last couple of years displaced Serbs make some In the last couple of years displaced Serbs make some 80%80% of all reconstruction of all reconstruction beneficiariesbeneficiaries

Outstanding requests for reconstruction assistanceOutstanding requests for reconstruction assistance

2.410 2.410 cases remain to be solvedcases remain to be solved

The figure does not include:The figure does not include: 14.78714.787 pending in the second instance procedure pending in the second instance procedure 800800 repeated appeals repeated appeals

Identified issues of concernIdentified issues of concern

shortcomings in implementation of the Law on General Administrative shortcomings in implementation of the Law on General Administrative PProcedurerocedure excessive lengths of proceedings - exceeding prescribed deadlines in bringing decisionsexcessive lengths of proceedings - exceeding prescribed deadlines in bringing decisions poor quality of the first instance proceedings poor quality of the first instance proceedings numerous mistakes in damage assessment proceduresnumerous mistakes in damage assessment procedures evidence establishment procedure and assessment of validity of evidenceevidence establishment procedure and assessment of validity of evidence extending eligibility conditions beyond those stipulated by the Law on Reconstructionextending eligibility conditions beyond those stipulated by the Law on Reconstruction


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Reconstructed housing unitsReconstructed housing units

260.000 reconstructed housing units since Dayton Peace Accords, 170.000 through 260.000 reconstructed housing units since Dayton Peace Accords, 170.000 through donationsdonations

Remaining destroyed and damaged housing stock require financing in the amount 2.5 bn Remaining destroyed and damaged housing stock require financing in the amount 2.5 bn KM or 1.25KM or 1.25

bn EURbn EUR

Identified issues of concernIdentified issues of concern

omissions in informing potential beneficiaries residing outside B&H on reconstruction omissions in informing potential beneficiaries residing outside B&H on reconstruction projectsprojects

oomissions in applying within prescribed deadlines resulting in inability to returnmissions in applying within prescribed deadlines resulting in inability to return


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Access to housing care and Access to housing care and “property”“property” rights by former rights by former

holders of occupancy/tenancy holders of occupancy/tenancy rights to socially-owned flatsrights to socially-owned flats


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CroatiaCroatia

Occupancy / tenancy rightsOccupancy / tenancy rights

not recognized as a property rightnot recognized as a property right in termination procedures the fact of armed conflict is not recognized as a justified in termination procedures the fact of armed conflict is not recognized as a justified

reason for abandoning the apartmentreason for abandoning the apartment OTR issues remain outstanding within the Sarajevo Declaration processOTR issues remain outstanding within the Sarajevo Declaration process

Overview of results deriving from RLAP network activitiesOverview of results deriving from RLAP network activities

RLAP network monitored 8 terminated OTR cases still pending final court decision:RLAP network monitored 8 terminated OTR cases still pending final court decision: in 2 cases positive practice of the Constitutional Court was observed – precedent in 2 cases positive practice of the Constitutional Court was observed – precedent

created opening possibility to enter the contract on protected leasecreated opening possibility to enter the contract on protected lease in 1 case a complaint filed with the Constitutional Court moratorium on forced in 1 case a complaint filed with the Constitutional Court moratorium on forced

eviction pending final decision respected eviction pending final decision respected


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CroatiaCroatia

Housing care programHousing care program inside the Areas of Special State Concern inside the Areas of Special State Concern

Legal Legal frameworkframework

the 2000/2002 Lawthe 2000/2002 Law on ASSC on ASSC

ImplementationImplementation

8.9218.921 of unresolved cases as of September 2006 of unresolved cases as of September 2006 2.9532.953 families provided with housing care, mostly in town of Vukovar families provided with housing care, mostly in town of Vukovar precise figures on the number of applicants residing outside of Croatia not availableprecise figures on the number of applicants residing outside of Croatia not available

Issues of concernIssues of concern

lack of transparency in determining beneficiary categories priority listslack of transparency in determining beneficiary categories priority lists ungrounded differentiation in treatment of applicantsungrounded differentiation in treatment of applicants exclusion of local self-government units from decision making processes as exclusion of local self-government units from decision making processes as

prescribed by the Law on ASSC (Article 38)prescribed by the Law on ASSC (Article 38) shortcomings in implementation of the Law on General Administrative Procedureshortcomings in implementation of the Law on General Administrative Procedure excessive lengths of proceedingsexcessive lengths of proceedings


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CroatiaCroatia

Housing care program Housing care program outside of the Areas of Special State Concern outside of the Areas of Special State Concern

Legal Legal frameworkframework

the 2003 & 2006 Government of Croatia Conclusionsthe 2003 & 2006 Government of Croatia Conclusions


2.200 applicants invited for interviews by September 2006 - 700 applicants 2.200 applicants invited for interviews by September 2006 - 700 applicants respondedresponded

in 189 cases approvals for housing care were issued in 189 cases approvals for housing care were issued the RLAP network does not have information on figures related to the lease the RLAP network does not have information on figures related to the lease

agreements concluded, applicants provided with the housing care, housing units agreements concluded, applicants provided with the housing care, housing units allocated to applicants who applied from outside of Croatiaallocated to applicants who applied from outside of Croatia


objective right of applicants is regulated by virtue of the Conclusion, rather than a objective right of applicants is regulated by virtue of the Conclusion, rather than a law law

undefined legal status of the ‘’eligibility recommendations’’ undefined legal status of the ‘’eligibility recommendations’’ non-existence of effective legal remediesnon-existence of effective legal remedies shortcomings in implementation of the Law on General Administrative Procedureshortcomings in implementation of the Law on General Administrative Procedure excessive lengths of proceedingsexcessive lengths of proceedings lack of clarity in regard to deadlines for provision of housing carelack of clarity in regard to deadlines for provision of housing care


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SerbiaSerbia

Provision of housing – main precondition for effective local Provision of housing – main precondition for effective local integrationintegration

Strategic documentStrategic document

the National Strategy of the Government of the Republic of Serbia for Resolving the the National Strategy of the Government of the Republic of Serbia for Resolving the Problems of Refugees and Internally Displaced PersonsProblems of Refugees and Internally Displaced Persons


only 18% of refugees have their own housingonly 18% of refugees have their own housing around 3.000 housing units have been secured for refugees by 2006 around 3.000 housing units have been secured for refugees by 2006 more than 80% of allocated housing units secured through donations more than 80% of allocated housing units secured through donations limited financial resourceslimited financial resources lack of detailed criteria for determining prioritieslack of detailed criteria for determining priorities implementationimplementation


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Acquired rights and compensation Acquired rights and compensation

for damagefor damagess


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Croatia Croatia

Convalidation of registered pension contributions in former UN protected Convalidation of registered pension contributions in former UN protected oror

controlled areascontrolled areas

Legal frameworkLegal framework

Law on Convalidation of 1997Law on Convalidation of 1997 Decree on the implementation of the Law on Convalidation of 1998Decree on the implementation of the Law on Convalidation of 1998


Deadline for submission of requests was 10 April 1999Deadline for submission of requests was 10 April 1999 the RLAP network does not have information on figures related to applications submitted the RLAP network does not have information on figures related to applications submitted

and cases resolvedand cases resolved


short time limit for filing the request due to subjective or objective circumstancesshort time limit for filing the request due to subjective or objective circumstances inconsistent practice in determining validity of evidence - unavailable or destroyed inconsistent practice in determining validity of evidence - unavailable or destroyed

documentationdocumentation non-recognition of the entire registered pension contributions - members of paramilitary non-recognition of the entire registered pension contributions - members of paramilitary

units units shortcomings in implementation of the Law on General Administrative Procedureshortcomings in implementation of the Law on General Administrative Procedure excessive lengths of proceedingsexcessive lengths of proceedings extension of deadline questionable in spite of EU Council Decision of 20 February 2006extension of deadline questionable in spite of EU Council Decision of 20 February 2006


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Compensation for damages – the Republic of SrpskaCompensation for damages – the Republic of Srpska


Law on the Exercise of the Right to Compensation for Material and Non-material Law on the Exercise of the Right to Compensation for Material and Non-material Damage inflicted in the period of war operations from 20 May 1992 to 19 June 1996 Damage inflicted in the period of war operations from 20 May 1992 to 19 June 1996 (2005) (2005)

legislation covers not only ongoing judicial proceedings initiated by previously filed legislation covers not only ongoing judicial proceedings initiated by previously filed claims, but also the obligations to compensate damage established by enforceable claims, but also the obligations to compensate damage established by enforceable court judgementscourt judgements


friendly settlement procedures carried by RS Public Attorney Officefriendly settlement procedures carried by RS Public Attorney Office compensation for war damages made by issuing bonds with maturities of up to 50 compensation for war damages made by issuing bonds with maturities of up to 50

yearsyears


Legal arrangements putting in the question fundamental principles of the Rule of Law Legal arrangements putting in the question fundamental principles of the Rule of Law – interference of the executive branch with judicial branch– interference of the executive branch with judicial branch

violation of equality and non-discrimination principlesviolation of equality and non-discrimination principles violation of property rightsviolation of property rights


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Bosnia & HerzegovinaBosnia & HerzegovinaCompensation for damages – the Federation of B&HCompensation for damages – the Federation of B&H


Law on Establishing and Realizing Claims Arisen during the State of War and the State Law on Establishing and Realizing Claims Arisen during the State of War and the State of Immediate War Threat; Law on Contracts and Torts; Law on Defence; Law on the of Immediate War Threat; Law on Contracts and Torts; Law on Defence; Law on the Manner of Securing Foreign Exchange for the Defence Budget; Law on the Defence of Manner of Securing Foreign Exchange for the Defence Budget; Law on the Defence of the Croatian Republic of Herzeg-Bosnia; Decree on the Criteria for Assignment of the Croatian Republic of Herzeg-Bosnia; Decree on the Criteria for Assignment of Individuals and Material Resources for the Needs of HVO and other Defence-Related Individuals and Material Resources for the Needs of HVO and other Defence-Related NeedsNeeds


legal framework governs the issues of staying the execution of the final court decisionslegal framework governs the issues of staying the execution of the final court decisions non-execution of the final court decisions due to the lack of financial sourcesnon-execution of the final court decisions due to the lack of financial sources existing practice of lower courts challenged by the Constitutional Court case lawexisting practice of lower courts challenged by the Constitutional Court case law Relativly low number of citizens who managed to realize theri claims for compensation Relativly low number of citizens who managed to realize theri claims for compensation


Evident intention of the legislator to reduce to the minimum the material burden of the Evident intention of the legislator to reduce to the minimum the material burden of the statestate

Difficulties in producing evidence in the course of judicial proceedingsDifficulties in producing evidence in the course of judicial proceedings Difficulty in execution of enforceable court decisions Difficulty in execution of enforceable court decisions Court decisions in violating provisions of B&H Constitution and Article 6 of ECHRCourt decisions in violating provisions of B&H Constitution and Article 6 of ECHR


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Annulment of contracts concluded Annulment of contracts concluded under duress and/or in under duress and/or in

contravention of the provisions contravention of the provisions of civil lawof civil law


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CroatiaCroatiaHHousing units owned by displaced persons, which have been purchased by theousing units owned by displaced persons, which have been purchased by the

StateState

Agency for RealAgency for Real Estate Transactions (APN)Estate Transactions (APN)

sales of private property on the basis of falsified powers of attorney to the state sales of private property on the basis of falsified powers of attorney to the state agencyagency

official investigation has confirmed 42 cases of unlawful private property transactionsofficial investigation has confirmed 42 cases of unlawful private property transactions slow pace of the official investigationslow pace of the official investigation excessive burden placed on injured parties – displaced personsexcessive burden placed on injured parties – displaced persons

Developments and RLAP network interventionDevelopments and RLAP network intervention

RLAP network monitored the status of at least 4 judicial proceduresRLAP network monitored the status of at least 4 judicial procedures in one case first instance court decision in favor of the plaintiff brought – case in one case first instance court decision in favor of the plaintiff brought – case

pending due to the appeal lodged by the Office of the State Attorneypending due to the appeal lodged by the Office of the State Attorney not corroborated information: additional 6 cases decided in favor of plaintiffs by mid not corroborated information: additional 6 cases decided in favor of plaintiffs by mid

October 2006 – one enforceable October 2006 – one enforceable


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Croatia & Bosnia HerzegovinaCroatia & Bosnia Herzegovina

Annulment of contracts concluded under duress and/or in Annulment of contracts concluded under duress and/or in contravention ofcontravention of

the provisions of civil law and international lawthe provisions of civil law and international law

CroatiaCroatia

concluded between persons from two different statesconcluded between persons from two different states difficulties in annulment of the contracts identified and monitored by RLAP networkdifficulties in annulment of the contracts identified and monitored by RLAP network


the contracts on purchase or on exchange of property are voidablethe contracts on purchase or on exchange of property are voidable if any of the contracting parties instigate the procedure for annullment of the if any of the contracting parties instigate the procedure for annullment of the

contracts, the courts declare them null and void in almost all cases contracts, the courts declare them null and void in almost all cases

Regional contextRegional context

problem of recognition and execution of final decisions of courts from B&H in Croatiaproblem of recognition and execution of final decisions of courts from B&H in Croatia contacting party with pre-war residence in Croatia loses property in both states, as a contacting party with pre-war residence in Croatia loses property in both states, as a

rulerule


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Issues related to the status of Issues related to the status of refugees and returneerefugees and returnee


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Identified issuesIdentified issues

access to Ids for displaced from Serbia and Montenegro with last permanent access to Ids for displaced from Serbia and Montenegro with last permanent residence in Kosovo & Metohija provinceresidence in Kosovo & Metohija province

LegislationLegislation

Guideline for the Extension of Temporary Reception Status in Bosnia and Guideline for the Extension of Temporary Reception Status in Bosnia and Herzegovina Herzegovina


Non-existence of conditions for establishment of the status Non-existence of conditions for establishment of the status Lack of updated recordsLack of updated records Non-completion of reregistration and determination of the status related proceduresNon-completion of reregistration and determination of the status related procedures


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SerbiaSerbiaRefugee status review procedure completed in January 2005Refugee status review procedure completed in January 2005


questionable reliability of databases used for status determinationquestionable reliability of databases used for status determination disputable status examination proceduresdisputable status examination procedures application of summary proceedings in status determination proceduresapplication of summary proceedings in status determination procedures lack of structural approach – former refugees ending in legal limbolack of structural approach – former refugees ending in legal limbo issues related to validity of ‘’old’’ refugee ID cardsissues related to validity of ‘’old’’ refugee ID cards lack of access to health care in certain local self government unitslack of access to health care in certain local self government units lack of possibility to apply for citizenship under favorable condition, as granted to lack of possibility to apply for citizenship under favorable condition, as granted to

status refugeesstatus refugees problems related to lack of JMBG number – status refugees and former refugeesproblems related to lack of JMBG number – status refugees and former refugees


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Issues related to refugee rights to Issues related to refugee rights to local integrationlocal integration


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CroatiaCroatia


lack of relevant legal frameworklack of relevant legal framework lack of transparency in refugee status determination procedureslack of transparency in refugee status determination procedures


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SerbiaSerbia

Action frameworkAction framework

National Strategy for Resolving the Problems of Refugees and Internally Displaced National Strategy for Resolving the Problems of Refugees and Internally Displaced Persons of 2002 (adopted 11 years after the large scale refugee phenomenon had Persons of 2002 (adopted 11 years after the large scale refugee phenomenon had emerged in its territory)emerged in its territory)

Positive developmentsPositive developments

adoption of amendments to the Law on Yugoslav Citizenship of 2001 –possibility to adoption of amendments to the Law on Yugoslav Citizenship of 2001 –possibility to obtain dual citizenship given to refugeesobtain dual citizenship given to refugees


four years after the adoption just a minor breakthrough noted in accomplishment of four years after the adoption just a minor breakthrough noted in accomplishment of the Strategy objectives and implementation measures, and activities aimed at local the Strategy objectives and implementation measures, and activities aimed at local integrationintegration

arbitrariness in the status determination proceduresarbitrariness in the status determination procedures issues related to citizenship application procedure for former refugeesissues related to citizenship application procedure for former refugees lack of inter-ministerial cooperation in resolving issues related to local integrationlack of inter-ministerial cooperation in resolving issues related to local integration


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Lack of provisions on the acquisition of B&H citizenship under favorable conditions Lack of provisions on the acquisition of B&H citizenship under favorable conditions Lack of harmonization of the legislation and practice preventing access to citizenship, Lack of harmonization of the legislation and practice preventing access to citizenship,

in spite of agreement on dual citizenshipin spite of agreement on dual citizenship

Integaration of IDP in different entities prevented by the lack of by-laws Integaration of IDP in different entities prevented by the lack of by-laws governinggoverning

access to this rightaccess to this right

REGIONAL LEGAL ASSISTANCE PROGRAMME Support to the Return of Refugees and Internally Displaced...

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