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FOREWARD
The
Commission for Real Property Claims of Displaced Persons and Refugees
(CRPC) was established by Annex 7 of the General Framework Agreement
for Peace in Bosnia and Herzegovina. Its major function
has been to receive and decide claims for real property from refugees
and displaced persons, and thereby assist them in the exercise
of their property rights. The CRPC, in the exercise of its Mandate,
came to realise that certain fundamental changes were required,
if any inhabitant of Bosnia and Herzegovina (BiH) was to realise
their property rights in the long term. Slowly, more and more
displaced persons and refugees are able to return to properties
they owned or occupied prior to the war, though much more progress
is needed. In addition, however, those that wish to sell or relocate
also face real difficulties due to problems with the property
registration system and an undeveloped real property market. While
these latter problems certainly affect displaced persons and refugees,
they also have wide implications for the rest of the population,
and for the economic future of the country.
Cognisant
of the problem, CRPC, with a grant from the World Bank Post Conflict
Fund, undertook five months of field research from August
December 1999. It assessed the state of property records throughout
BiH, analysed how the real estate market operated in practise,
assessed the legislative and institutional framework, and determined
critical areas for reform. In December 1999 and January 2000,
CRPC analysed its findings and developed solutions with the help
of outside international experts on land, cadastre, and real estate
market reforms, and with the input of the main domestic actors.
This report is a culmination of these efforts, and provides a
series of findings and recommendations.
Many
individuals contributed to this research. Firstly, the CRPC
would like to thank its researchers that conducted the bulk
of the field investigations throughout BiH, as well as its support
staff and project coordinator, Krista McKee-Samson. It also
thanks consultants Dr. Zdravko Galic (Geospatial
Systems Consulting), Gerhard Muggenhuber (Austrian Federal
Office of Metrology and Survey); and Reinhold Weselley
(Prime Consult) who all provided significant input and expertise.
The CRPC is also grateful for the input of the Vienna
Initiative, in providing guidance and direction in the
early phases of the research.
The
research also benefited significantly from the in-house expertise
of Kemal Arnautovic, Head of CRPCs Cadastre Programme,
and Nermin Semsic, Deputy Director of the Legal Department.
It also thanks its 9 Commissioners for their critical input
and support. CRPC would also like to extend a special thank-you
to the competent Geodetic Administrations for their expert contributions
and analyses.
Carla
Ferstman,
Executive
Legal Advisor
February 2000

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