|
I. Introduction
The Forced Migration Projects were established in 1994 within the Open Society Institute to monitor circumstances in order to give early warning of forced movements of people and to identify conditions that may cause dislocation; encourage early and effective humanitarian responses to migration emergencies; advocate the humane treatment of those unable to return; urge permanent solutions for those displaced; and promote measures that avert individualsı need to flee.
The projects established a Legal Policy Task Force for the former Yugoslavia in October 1995, comprised of lawyers from the region and international experts. The Legal Policy Task Force undertakes research and analyses of national laws and policies concerning protection and permanent solutions for displaced persons and refugees in the countries of the former Yugoslavia. The Task Force has also begun to focus attention on the work of the Commission for the Real Property Claims of Displaced Persons and Refugees (the ³Commission²) established under Annex 7 of the Dayton Peace Agreement, because it will have a central role in the safe return of refugees and displaced persons to the region, particularly through determinations concerning property and compensation.
This paper addresses property issues that will likely be important in connection with the repatriation of displaced persons and refugees. The paper outlines and explains legislation relating to property in Bosnia and Herzegovina, and provides an analysis of the effectiveness and limitations of these provisions.
The principal author of this paper is Elena Popovi}, a lawyer. Contributions were made by Suzana Tanovi}, a lawyer in Sarajevo, Jasna Barberi}, a lawyer in Zagreb with the Croatian Law Center, and Arthur C. Helton, Director, and Françoise Girard, Associate Director, of the Forced Migration Projects. |