5th meeting of the Steering Group on Refugee Return

1. The meeting was chaired by Mr. Hans Koschnick, chairman of the Steering Group, and co-chaired by Mr. Werner Blatter, UNHCR, COM UNHCR Sarajevo. Mr. Robert Zeldenrust, co-ordinator of Working Table 1 attended on behalf of the Stability Pact Secretariat. The following countries and organisations were represented: Norway, Switzerland, US, Canada, Sweden, Germany, Netherlands, Austria, Luxemburg, European Commission, OHR, Worldbank, OSCE, Council of Europe/Development Bank, IOM. Bosnia and Herzegovina, Croatia and FRY were also represented at assistant ministerial/ senior level from capitals.

2. The chairman welcomed the participation of representatives of the FRY, which recently became a member of the Stability Pact. The chairman highlighted the need for urgent assistance for the significant number of refugees and displaced persons in FRY for the coming winter as well as the need to simplify return procedures to BiH and Croatia. UNHCR and the Government are carrying out a re-registration of the refugee and IDP population in FRY, to be completed in spring 2001, which inter alia should provide a clearer picture of how many want to return and how many prefer to integrate locally (at present estimated to be 60 %). UNHCR's 2000 funding requirements for fully covering it's programme with the Government of FRY amount to 10 Meuro. Of the 500,000 refugees and 200,000 IDPs in FRY, close to 50,000 of the refugees and IDPs live in collective accommodation and continue to depend exclusively on external humanitarian assistance. The chairman referred to his recent visit to the FRY, together with Messrs. Blatter and Zeldenrust. He reported that the FRY authorities want to give priority to accelerating returns to Croatia and BiH and granting dual citizenship to those willing to stay in FRY. The chairman also referred to his (second) visit to Kosovo where he had met with Mr. Kouchner (UNMIK), KFOR, Mr. Rugova and the representative of the Serb minority to discuss the return of Serbian IDPs as of Spring 2001. Such returns are dependent of improvement in the security situation and absorption capacity.

3. Mr. Koschnick stressed the priority of full compliance with property legislation in Croatia and BIH - so far only 18 % of all claims for repossession in BiH have been solved. He stressed the need for additional funding for refugee return from FRY to allow the return process to develop its truly regional dimension. He emphasized the need for long-term development, legislative and institutional reform, economic reconstruction , job opportunities and civil society capacity-building to make returns sustainable. Mr. Blatter (UNHCR) referred to the need to distinguish between urban returns, where the question is mainly one of repossession of property, and rural returns, where reconstruction of housing and infrastructure is the main factor. Mr. Blatter reported on the re-registration process in BiH, the result of which were to be expected very soon. He stressed the need for timely preparations and planning for the return season (March - October) and that for urban returns implementation of property legislation is vital. He also reported that in Croatia, the concept of occupancy rights to socially owned apartments is no longer applicable. He emphasized the need for harmonization of property repossession laws and procedures, and for financial assistance for reconstruction, including housing, to preserve the momentum of minority returns and ensure their sustainability.

4. UNHCR distributed a number of papers at the meeting, concerning cross-border returns between BiH, Croatia and FRY, winterization needs in FRY and BiH, property law implementation (an inter-agency framework document, prepared by OHR, UNHCR, OSCE, UNMIBH and CRPC - including statistics) and implementation of Stability Pact projects on returns to Croatia. As for property law implementation in BiH, out of the in total 247,000 claims submitted by pre-war owners and occupancy rights holders, 39 % of these claims have been decided so far, and 18 % of these claimants have actually repossessed their properties. The PLIP framework document describes the intervention strategy and operational mechanisms aimed at accelerating the resolution of all claims through a neutral application of the property law by local authorities. 

5. The representative of the Government of Croatia (Mr. Lovre Pejkovic, Assistant Minister for Public Works, Reconstruction and Construction and Head of ODPR) referred to the repossession of property as the single most important issue for the Government which still needs to find solution for some 11, 000 households, mostly BiH Croats, occupying other people's homes. The Stability Pact secretariat received a list of 50.000 serb returnees to Croatia including names, address and date of return. Furthermore Mr. Pejkovic provided the participants with a detailed set of figures on returns as well as a substantive list of intentions of his Government concerning the establishment of alternative accommodation in 2001 and the adoption of a unified procedure for repossession of property throughout the country. 

6. The representative of the Government of BiH (Mr. Mario Nenadic, Assistant Minister for Human Rights and Refugees) provided the meeting with return figures - since 1995 (Dayton), 690,000 returns out of which 165,000 (24 %) minority returns (40,000 only in 2000). He stressed the need for property legislation implementation. Future inclusion of the FRY in the consultations on returns will undoubtedly have a significant impact on the return process given the large number of refugees from BiH in FRY, provided these refugees opt for return to BiH. The authorities are adopting a number of initiatives to accelerate the return process to BiH, through reconstruction and property law implementation. BiH still hosts some 40,000 refugees (Croatian Serbs) from Croatia. In 1999, it welcomed some 76,000 from FRY/Kosovo, the latter under a temporary protection regime, of which it expects some 62.000 returned to FRY, 20,000 to Kosovo. 

7. The representative of the Government of the FRY welcomed the recent visit of Mr. Koschnick to his country and expressed satisfaction with FRY re-admission in the UN, OSCE, Central European Initiative as well as its membership in the Stability Pact etc. The FRY intends to establish diplomatic relations with Slovenia and BiH. He referred to the dramatic situation of the refugee and IDP population and the winterization needs. He welcomed information provided by the chairman that KFOR and UNMIK are working on facilitatation of first sustainable returns of Serbian IDPs to Kosovo in 2001. 

8. The OHR representative (Mr. Jason Taylor, deputy Head RRTF) noted the main impressions from a recent visit of the RRTF to FRY: those privately accommodated have a stronger urge to return than those in collective centres, and property repossession (PLIP) is the key element in the return to BiH, particularly in cantons 1 and 10. OHR/RRTF calls for increased cooperation between RRTF, HVM (Housing Verification Mission) and ODPR. The Governments of FRY and BiH should establish open channels of communication on property repossession procedures. The increased momentum in implementing property legislation (PLIP) in BiH must be preserved.

9. The OSCE mentioned the admission of FRY as 55th member state. While the OSCE has neither the mandate nor the funds to financially assist return and sustainability, the OSCE Missions, inter alia, are assisting individual donor countries and international organisations in identifying viable projects in the field. OSCE reported uneven progress in refugee return and reintegration at local level in Croatia, despite notable efforts taken by the central authorities. The legal framework for property repossession is still to be created while the issue of lost occupancy tenancy rights remains to be addressed.

10. The incoming EU Presidency ( Sweden ) mentioned that refugee return and reintegration will be one of the priorities for the Stabilisation and Association process, the CARDS programme and the Presidency's agenda for the Stability Pact. Regional co-operation involving at least two countries is another key objective for the incoming Presidency. The representative of the European Commission mentioned that the 2001 budget for refugee return and reconstruction, as part of the forthcoming CARDS programme, is at present under discussion. Funding levels for these areas will be considerable but somewhat less than for 2000. The Commission is gradually moving away from humanitarian assistance (ECHO phased out from BiH and Croatia) to support of economic development (DG RELEX)

11. As regards funding, Mr. Zeldenrust announced that a donor conference would be held in 2001, yet that the timing was dependent on implementation of the quick start projects as approved at the March 2000 donor conference. Mr. O'Sullivan, director of the EU Commission/Worldbank office, announced that on 12 December a meeting would be organized with donors to discuss urgent financial needs for humanitarian assistance to FRY for the winter period and to prepare for a funding mechanism to address reconstruction needs in the FRY following the winter. A sector-by-sector assessment and a strategy for economic reconstruction in FRY will be presented in April 2001, which will include a module on refugee assistance and social safety.

12. Ms. Eva Schwebel, the representative of the Council of Europe Development Bank reported on the Bank's conditions for loans to be granted such as membership of the Council of Europe (which BiH and FRY does not have yet). Housing, health, education etc. projects can always be complemented with loans for infrastructural support. The loan agreement with Croatia (30 M EURO) will be signed these days and a part of the money will be available to the Government immediately. The Bank will also provide a loan for a 1.5 M USD water project in Tuzla, BiH. IOM reported about its programmes for return of refugees from i.a. Switzerland and Luxemburg to the Sandjak region.

13. The following delegations provided information about funding refugee assistance and return-related programmes: Canada referred to a new contribution of 10 Million Canadian dollars for winterization in the FRY. The Netherlands announced 15 million EURO for international organizations in the FRY to address immediate needs. Additional funding as a contribution to the UN consolidated appeal is expected to be announced at the 12 December donor consultations. In 2000 it has doubled its original 2 MEURO contribution for refugee return and reintegration in Croatia. It experiences some problems with absorption capacities among implementing partners in BiH regarding the 20 MEURO and 25 MEURO funding for minority returns in BiH. Germany will maintain its 1999/2000 funding levels. Its representative mentioned that it had provided 20 million DM for the whole region (including 7.5 m DM for UNHCR) of which 15 m DM for BiH, 10 m DM for Croatia and 45 m DM for FRY/Kosovo. Budgetary figures for 2001 are not yet available but funding for refugee return and reintegration will not be reduced - decisions will be taken on project basis and implemented by its long-standing partners. Mention was also made of the final preparations for the ECHO global plan for the region (i.e. FRY/Kosovo/Montenegro, fYROM, Albania) for the winter period (November - March) amounting to 31.6 m EURO, with focus on refugee assistance and return programmes. Norway reported its intention of funding refugee programmes in FRY, which should come in addition to, not as a replacement of, funding for refugee operations in other countries in the region. It is increasingly phasing out from emergency assistance to reconstruction and long-term development aid, focussing on the needs of returnees and the local population simultaneously in order to avoid tensions. The United States representative referred to the 14 m USD PRM contribution for refugee assistance in FRY - implementing partners NGOs. The US is also phasing out from emergency relief and focussing its attention on long-term development. As for next year's donors conference it suggests that projects will be vetted first prior to their submission to the conference.

14. The chairman announced that the next meeting will be held in Bosnia and Herzegovina in Spring 2001.