1. Case-study No. & Title:
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Mediation |
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Negotiations |
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Education |
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Facilitation |
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Conflict resolution |
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Communication |
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Info dissemination |
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Co-operation |
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Interethnic relations |
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Local Government |
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Local NGO |
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Government Ministry |
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Media |
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National NGO |
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International NGO |
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Minority organisations |
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Direct advocacy and mediation in property claims cases and related conflicts, especially where return is involved. |
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Education of government agencies. |
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Research and analysis. |
Director Milena Savic gives some examples of cases that CIPP has helped resolve:
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I have been representing some people from a village called Sultanovic. People (Muslims) left that village during the war, and have been returning recently. But one area of 5,000 square meters has been used as garbage dump by the whole municipality of Zvornik, all the way from 1994 to 2000. This was the result of a decision by the municipal government. The problem is that there are two houses near this dump, and families want to return to those houses. We arranged an agreement so that the dumping was stopped. Now those houses are being repaired, and we are working to get the garbage cleared away. |
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We practice negotiating such cases in a peaceful manner, in out-of-court mediation. Another example is that of Mr Sabirovic, a Muslim who was displaced from Zvornik. He had a burek pastry shop in the city, which was destroyed. He received a resolution from the CRPC (Commission for Real Property Claims) to get his property back, but the property didn’t exist. |
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Meanwhile, a local Serb, Dragan Spasojevic, was constructing a new building right next to that property, and Mr Sabirovic was concerned that the new building was going to usurp his property. We checked on this and found out that this was not the case. We then negotiated an arrangement between the two men, whereby Mr Spasojevic would build onto Mr Sabirovic’s property, and in return, he would give Mr Spasojevic a shop space in the new building. The construction will soon be finished, and Mr Sabirovic will be returning from Tuzla. |
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We are also working to promote return in the other direction, that is, of Serbs back to the Federation. For example, Mr Rado Tadic, a Serb, wanted to return to his farm near Kalesija. But during and after the war, his Muslim neighbor Amir Rancic took over this land and exploited it to make bricks. Mr Tadic wanted his land back with restitution, and he received a property claims resolution from the CRPC. We got involved, bringing the two men together. As a result of our mediation, Mr Rancic agreed to repair Mr Tadic’s land and pay him 14,000 DM. They signed an agreement over this. Another displaced person had been living on Mr Tadic’s land, and he has since left. Now Mr Tadic is about to return home. |
CIPP holds seminars in order to educate government agencies, especially
regarding problems of implementing property law. It was on CIPP’s initiative
that these seminars and training sessions were begun, in order to ensure the
earliest possible return.
One of the local agencies with which CIPP collaborates is the Zvornik Housing
Commission, formed in 1999. This is a volunteer commission that shares
information in order to solve ownership problems. Participants include
international organizations such as the OHR, UNHCR, and the OSCE, as well as
local agencies like the OMI (Municipal Refugee Ministry). The municipal
department for refugees, the police, and other representatives of the municipal
government also participate. CIPP has been advocating that nearby municipalities
form similar committees, because such collaboration has proven to work
effectively in Zvornik.
In this realm CIPP particularly focuses on double occupancy, where a person is
living in someone else’s house, but has the possibility of moving back to his
pre-war home. There are obstacles to solving this problem because some double
occupants are politically powerful, and therefore difficult to evict.
Milena Savic notes that among these various organizations and agencies, the
atmosphere is ‘correct and well-intentioned’. She explains, ‘We are
working to advocate observance of the law, as that is best for everyone
concerned. We see Zvornik as a model for this region, and we are working to
spread our influence to Vlasenica and Osmaci municipalities’.
The Center for Information and Legal Assistance has engaged in research and
analysis projects of various types. One project has focused on obstruction to
return perpetrated by the government agencies of both entities. CIPP has
concentrated on cases from both Zvornik and Tuzla, collecting evidence of
obstruction and identifying the perpetrators. For example, displaced people who
have submitted property claims have been summoned to the municipal housing
offices for unnecessary interviews. Authorities have asked for proof of
ownership beyond what was legally required. Deadlines for claims resolutions
have been ignored.
These are ways that local authorities have tried to prevent return from taking
place. There was also an extended discussion of ‘abandoned property’. When
people were displaced during the war, often their property was declared ‘abandoned,’
which then allowed the local government to distribute it to other displaced
people who had come in the opposite direction.
CIPP struggled to have the ‘abandoned property’ designation abolished, so
that people could get their pre-war property back. Eventually it was abolished,
and now anyone who left his or her property between April 1991 and April 1998 in
the Federation, and until December 1998 in the Republika Srpska, has the right
to reclaim property, regardless of how or why s/he left.
From May 1999 through March of 2000 CIPP conducted a joint project with the
International Crisis Group (ICG) on reform of the judiciary and related
governmental administrative bodies. This project undertook an extensive analysis
of three local courts and three prosecutors’ offices, in Zvornik, Vlasenica,
and Srebrenica.
The joint project analyzed the function of court work in the Birac region, and
the resulting evaluations were used as part of a report that the ICG published.
Milena Savic said, ‘We see that the project has had an influence in court
reform. For example, the salary of judges has been increased. Low salaries were
a problem, because they contributed to the possibility of corruption. The salary
increase helps to ensure court independence’.
In late 2000, CIPP was also working with the ICG on a study of the Constitution
of the Republika Srpska, to evaluate its concordance with the Constitution of
the Federation, as well as with various European conventions. The purpose of
this project is to harmonize and modernize laws on citizenship and
identification documents, as well as birth, death, and wedding certificates. The
Human Rights Court of Bosnia and Herzegovina has declared that the two entities’
constitutions are not in agreement.