Conclusions from the Meeting of the Steering Group on Refugee Return Initiative

The Stability Pact's Steering Group on Refugee Return Initiative under the Chairmanship of Hans Koschnick held its second meeting on May 4 in Brussels. Mr. Koschnick informed participants about his visits to Sarajevo and Zagreb on April 24-26 with the Principal Deputy Special Coordinator Donald Kursch to discuss possibilities to accelerate return and achieve durable solutions for the refugees and displaced persons in the region. He noted that he had a number of reasons to be optimistic. These included the decision of the new Croatian Government's intention to make the returns a high priority, an increase in the number of spontaneous returns in Bosnia and Herzegovina, as well as the large volume of pledges to support refugee returns made at the March 29-30 Stability Pact Donors' Conference.

The Chairman emphasized that it was critical for donors, implementing agencies and government authorities in the region to make full use of these improved circumstances. Pledges needed to be turned into concrete projects and offers of support from bilateral donors needed to be coordinated. He stressed his intention to have some suggestions about how we might improve our cooperation in the field by the time of the Steering Group's next meeting.

Mr. Koschnick was encouraged by Croatia's commitment to change a number of its laws and the appointment of an interagency committee on returns under the leadership of the Deputy Prime Minister. He stressed the importance of early passage of the government's proposals by the National Assembly. The enactment of these laws should receive a strong positive response from the international community, including firm commitments of funding for return projects. In Bosnia and Herzegovina the promised appointment of a refugee minister on state level was a helpful step that promotes the goal of consolidating responsibility. At the same time, it was critical that officials at both national and local levels make full use of their legal authority in order to accelerate the return process.

The representative of Croatia reviewed the specific measures that are being taken to remove administrative obstacles to return. The Law on the Special Status of Refugees and Displaced Persons is already in force, the Law on Reconstruction passed its first reading in Parliament, and the Law on Areas of Special State Concern that will guarantee repossession of property is expected to be adopted soon. A governmental coordination group on refugee return has been established, a database on applications for returns is being prepared, and a foundation on refugee return, consisting of government representatives and donors, will be set up to facilitate returns.

The Croatian representative noted the pilot project on reciprocal returns with the Repubika Srpska (RS) on return of 2000 refugees. A Working Group on the implementation of this project is being established on both sides and would meet in Zagreb on May 8.

The BiH representative distributed a written material on a project for refugee returns developed jointly by both Entities of BiH. He stressed the sizable financial resources that would be needed to support sustainable return in both entities. The increase in evictions of those occupying other people's property coupled with the lack of alternative accommodations required additional financial contributions and a change of the international policy in BiH. To underscore the problem he noted that 100,000 applications had been received for return to the RS. Of these 70,000 involved property claims, while the remaining 30,000 were for assertion of tenants' rights.

Both Entity Governments are determined to deal with the problem of illegal occupancies. In this respect the Mixed Commission on Double and Multiple Occupancies has been very helpful. It was stated that as of May 1 humanitarian assistance from international community for transit and collective centers, accommodating several thousands of mostly elderly people , has been terminated. The BiH representative said that this made it even more important to have flexibility in pledges for reconstruction projects with priority being given to internally displaced persons.

UNHCR noted positive trends in BiH as security has improved and the level of housecleaning of damaged properties has increased. A higher level of evictions is encouraging refugees to consider returning to their former homes. UNHCR noted sympathy for those caught up in the eviction process but noted that it was the responsibility of Governments to find alternative accommodations. There was also an increase in the number of applicants from the FRY seeking to return both to Croatia, as well as to BiH.

OHR called for ensuring that legislation in both countries is consistent and recommended that the amendment of legislation take place at the same time as commitments of donor funding. OHR pointed out that the Refugee Return Task Force (RRTF) has become a more inclusive organization over last 12 months and that its senior representatives meet regularly with state authorities. This was a welcome development.

The European Commission representative said that Commissioner Patten had made the return question a top priority and that speed and flexibility were being stressed. The selection process for certain projects in the year 2000 budget would be completed during the week of May 8. Contracts would be signed in June and construction would start before the summer break. The Commission was determined to take full advantage of this year's construction season. Each project will also contain a percentage that can be use in a flexible manner by the implementing organization. Furthermore the Commission delegation in Sarajevo will have a certain a certain fund for a flexible reaction mechanism at its disposal. This will be used in coordination with UNHCR and OHR to address special needs.

The Council of Europe Development Bank mentioned a 30 mil ? loan for a housing program for returnees that are under negotiation with Croatian Government. There is an additional 45 mil ? not allocated but planned for the year 2000. The Bank is looking into way on how to make BiH a beneficiary for its programs, since normally its loans are restricted to CoE member states.

On demining, UNHCR stressed the serious problems regarding funding and offered to prepare a short note on what has been achieved and what is to be done in future.

DSCSP Kursch suggested that we consider how we might better link the demining and the return process. He asked participants to provide written submissions on the latest breakdown for refugee return and noted that the information obtained from the Donors Conference was, in most cases, not sufficiently detailed.

Participants agreed to hold the next meeting of the Steering Group In Zagreb on June 20.