BOSNIA AND HERZEGOVINA: Sectarian divide continues to hamper residual return and reintegration of the displaced A profile of the internal displacement situation 25 October, 2006 This Internal Displacement Profile is automatically generated from the online IDP database of the Internal Displacement Monitoring Centre (IDMC). It includes an overview of the internal displacement situation in the country prepared by the IDMC, followed by a compilation of excerpts from relevant reports by a variety of different sources. All headlines as well as the bullet point summaries at the beginning of each chapter were added by the IDMC to facilitate navigation through the Profile. Where dates in brackets are added to headlines, they indicate the publication date of the most recent source used in the respective chapter. The views expressed in the reports compiled in this Profile are not necessarily shared by the Internal Displacement Monitoring Centre. The Profile is also available online at www.internal-displacement.org. About the Internal Displacement Monitoring Centre The Internal Displacement Monitoring Centre, established in 1998 by the Norwegian Refugee Council, is the leading international body monitoring conflict-induced internal displacement worldwide. Through its work, the Centre contributes to improving national and international capacities to protect and assist the millions of people around the globe who have been displaced within their own country as a result of conflicts or human rights violations. At the request of the United Nations, the Geneva-based Centre runs an online database providing comprehensive information and analysis on internal displacement in some 50 countries. Based on its monitoring and data collection activities, the Centre advocates for durable solutions to the plight of the internally displaced in line with international standards. The Internal Displacement Monitoring Centre also carries out training activities to enhance the capacity of local actors to respond to the needs of internally displaced people. In its work, the Centre cooperates with and provides support to local and national civil society initiatives. For more information, visit the Internal Displacement Monitoring Centre website and the database at www.internal-displacement.org. Internal Displacement Monitoring Centre Norwegian Refugee Council Chemin de Balexert 7-9 1219 Geneva, Switzerland Tel.: +41 22 799 07 00 [email protected] www.internal-displacement.org 2 CONTENTS CONTENTS 3 OVERVIEW 9 SECTARIAN DIVIDE CONTINUES TO HAMPER RESIDUAL RETURN AND REINTEGRATION OF THE DISPLACED 9 CAUSES AND BACKGROUND 16 CAUSES OF DISPLACEMENT 16 DISPLACEMENT DURING THE ARMED CONFLICT (1992-1995) 16 ETHNIC CLEANSING CONFRONTS HUMANITARIAN ASSISTANCE TO SERIOUS DILEMMA 17 MORE POPULATION DISPLACEMENT IN 1996 19 BACKGROUND 21 THE DAYTON AGREEMENT CONSOLIDATES THE CEASE-FIRE, SEPTEMBER-DECEMBER 1995 21 NATIONALIST OBSTRUCTION LEAD SUCCESSIVE HIGH REPRESENTATIVES TO MAKE STRONG INTERVENTIONS ON THE POLITICAL SCENE, 1999-2002 22 HIGH REPRESENTATIVE'S PLAN TO STRENGTHEN BIH’S SECURITY INSTITUTIONS AND ADDRESS RS’S LACK OF COOPERATION WITH THE ICTY CREATES A POLITICAL CRISIS IN THE RS (2004) 24 NEW HIGH REPRESENTATIVE ANNOUNCES LIMITED USE OF THE BONN POWERS TO HAND FULL RESPONSIBILITY TO BOSNIANS (2006) 26 BEYOND DAYTON: REINFORCE STATE-LEVEL INSTITUTIONS TO GO BEYOND THE ETHNICALLY BASED ENTITIES CREATED BY THE AGREEMENT, 2002-2004 27 PROGRESS ON REINFORCEMENT OF STATE LEVEL INSTITUTIONS HALTED BY REJECTION OF CONSTITUTIONAL REFORM (2006) 30 REGIONAL CONTEXT MORE FAVOURABLE TO DURABLE SOLUTIONS (2000-2003) 33 MINISTERS OF REFUGEE AND DPS IN BOSNIA, CROATIA AND SERBIA-MONTENEGRO COMMIT THEMSELVES TO CLOSE THE DISPLACEMENT CHAPTER IN THEIR REGION BY END OF 2006 (2006) 35 PROGRESS TOWARDS EU INTEGRATION REQUIRES A SELF-FUNCTIONING STATE (2006) 37 POPULATION FIGURES AND PROFILE 39 GLOBAL FIGURES 39 AFTER SIGNIFICANT DROP DOWN IN 2005 DUE TO RE-REGISTRATION, NUMBER OF DISPLACED PERSONS SLOWLY DECREASED TO 180,250 (2006) 39 INTERNAL DISPLACEMENT SINCE DAYTON (1995-2005) 40 NATIONAL AUTHORITIES ESTIMATE LOWER IDP FIGURES (AS OF OCTOBER 2003) 43 AT LEAST 200,000 PERSONS HAVE BECOME INTERNALLY DISPLACED SINCE THE DAYTON AGREEMENT (1995-1999) 45 3 DISAGGREGATED DATA 45 STATISTICAL PROFILE OF DISPLACED PERSON POPULATION (2006) 45 PATTERNS OF DISPLACEMENT 47 GENERAL 47 INCREASED DEPORTATIONS OF BIH CITIZENS LEAD TO FURTHER INTERNAL DISPLACEMENT (2005) 47 REMAINING IDPS AND CURRENT RETURNEES ARE AMONG THE MOST VULNERABLE (2005) 48 DISPLACED ROMA, A PARTICULARLY VULNERABLE GROUP (2005) 49 INTERNAL DISPLACEMENT FOLLOWS A RURAL-URBAN MIGRATION PATTERN (1998) 50 PHYSICAL SECURITY & FREEDOM OF MOVEMENT 51 PHYSICAL SECURITY 51 SECURITY SITUATION HAS CONSTANTLY IMPROVED IN THE PAST YEARS BUT RELUCTANCE TO PUNISH ETHNICALLY MOTIVATED VIOLENCE INCREASES THE FEELING OF INSECURITY (2006) 51 LANDMINES CONTINUE TO POSE BARRIER TO SAFE RETURN OF DISPLACED PERSONS AND REFUGEES (2006) 53 POLICE AND JUDICIAL INSTITUTIONS CONTRIBUTE TO IMPUNITY IN CERTAIN AREAS BUT REFORM IS ONGOING (2006) 55 ESTABLISHMENT OF A SPECIAL WAR CRIME CHAMBER IN A CONTEXT OF WIDESPREAD IMPUNITY FOR WAR CRIMES (2005) 59 REPUBLIKA SRPSKA RECOGNIZES ITS RESPONSIBILITY IN THE SREBRENICA MASSACRE (2006) 61 DETERMINATION OF INTERNATIONAL COMMUNITY AGAINST RS LACK OF COOPERATION WITH ICTY LEADS TO FIRST TRANSFERS TO THE TRIBUNAL (2005) 63 FREEDOM OF MOVEMENT 66 IMPROVING FREEDOM OF MOVEMENT DESPITE CONTINUED INFLUENCE OF ETHNIC SEPARATISTS (2002-2003) 66 INTER-ENTITY BUS TRAFFIC SUPPORTED BY UNHCR HAS CONTRIBUTED TO IMPROVED FREEDOM OF MOVEMENT OF MINORITY MEMBERS BETWEEN THE ENTITIES (1996-2002) 68 VULNERABLE GROUPS 70 ENSURING WITNESS PROTECTION TO ADDRESS WAR CRIMES (2005) 70 IMPUNITY FOR WAR CRIMES AND LACK OF EFFICIENT WITNESS PROTECTION HINDERS MINORITY RETURN: (2005) 72 NEW IMPETUS TO PROSECUTE WAR CRIMES TRIAL IN REPUBLIKA SRPSKA BUT COOPERATION WITH THE ICTY REMAINS INADEQUATE (2006) 75 REINTEGRATION OF VULNERABLE GROUPS CAN PROVE VERY DIFFICULT (2000-2003) 76 SUBSISTENCE NEEDS 78 GENERAL 78 THE FAILURE TO REFORM OF THE SOCIAL WELFARE SYSTEM LEAVES THE MOST VULNERABLE IDPS UNASSISTED (2006) 78 PERSISTING PROBLEMS OF ACCESS TO UTILITIES FOR RETURNEES AND OTHER VULNERABLE PERSONS (2006) 79 SHELTER AND NON-FOOD ITEMS 83 4 AT LEAST 7,000 INTERNALLY DISPLACED PERSONS STILL LIVE IN COLLECTIVE CENTRES (1995- 2006) 83 IDPS IN COLLECTIVE CENTRES LIVE ARE AMONG THE MOST VULNERABLE AND LIVE IN APPALLING CONDITIONS (2006) 86 SIGNIFICANT RECONSTRUCTION NEEDS REMAIN UNADDRESSED (2005) 87 ABSENCE OF A STATE LEVEL HOUSING LAW TO ADDRESS THE NEEDS OF THE MOST VULNERABLE (2005) 89 ROMA LIVING IN INFORMAL SETTLEMENTS LIVE IN SUB-STANDARDS HOUSING CONDITIONS AND ARE VULNERABLE TO EVICTIONS (2005) 89 HR DECISION EXTENDS USE OF COLLECTIVE AND TRANSIT CENTRES AS ALTERNATIVE AND EMERGENCY ACCOMMODATION FOR SIX MONTHS (2003) 90 HOUSING SHORTAGES AFFECT DISPLACED PERSONS WHO ARE BEING EVICTED AS A RESULT OF THE PROPERTY RESTITUTION PROCESS (2000-2003) 91 GENERAL 93 HEALTH 93 HEALTH STATUTE OF IDPS IS POORER THAN DOMICILE POPULATION (2006) 93 HEALTH CARE SYSTEM DOES NOT SUFFICIENTLY ADDRESS THE NEEDS OF RETURNEES AND INTERNALLY DISPLACED PERSONS (2006) 94 MANY IDPS SUFFERING FROM LONG-TERM POST-TRAUMATIC STRESS DISORDER DO NOT RECEIVE ADEQUATE ASSISTANCE (2006) 98 VULNERABLE GROUPS 98 VULNERABLE IDPS LIVE IN DEPLORABLE CONDITIONS (2006) 98 DISPLACEMENT AGGRAVATES THE LIVING CONDITIONS OF ROMAS (2005) 99 LACK OF ADEQUATE PROGRAMMES TO SUPPORT VICTIMS OF SEXUAL VIOLENCE (2006) 101 FEMALE-HEADED HOUSEHOLDS LESS LIKELY TO OBTAIN SECURE HOUSING OR HEALTH CARE (2002-2003) 102 MEMBERS OF ROMA COMMUNITY CONTINUE TO FACE DISCRIMINATION UPON RETURN (2002 – 2003) 102 ACCESS TO EDUCATION 105 GENERAL 105 IMPACT OF DISPLACEMENT ON EDUCATION (2006) 105 CURRENT EDUCATION SYSTEM FAILS TO PLAY A RECONCILIATORY ROLE (2006) 106 PERSISTENT DISCRIMINATION AND SEGREGATION IN THE EDUCATION SYSTEM HAMPER RETURN OF DISPLACED PERSONS AND REFUGEES (2005) 107 EDUCATION REFORM ATTEMPTS TO ADDRESS DISCRIMINATION AT SCHOOL (2004) 109 IMPLEMENTATION OF THE EDUCATION REFORM: PROGRESS UNDER INTERNATIONAL PRESSURE (2006) 112 IMPLEMENTATION OF INTERIM AGREEMENT ADDRESSING DISCRIMINATION AGAINST RETURNEE CHILDREN (2005) 114 TWO SCHOOLS UNDER ONE ROOF: SEGREGATED EDUCATION PERSISTS IN BOSNIA AND HERZEGOVINA (2006) 117 CHILDREN ARE BEING TAUGHT DIFFERENT CURRICULA DEPENDING ON THEIR ETHNICITY (2006) 121 EFFORTS TO FACILITATE THE INTEGRATION OF ROMA CHILDREN AT SCHOOLS (2005) 124 OBSTACLES TO EDUCATION 127 ISSUES OF SELF-RELIANCE AND PUBLIC PARTICIPATION 128 5 SELF-RELIANCE 128 DISPLACED PERSONS AND REFUGEES AMONG FOUR POPULATION GROUPS AT GREATEST RISK OF FALLING INTO POVERTY (2006) 128 OVERSTRETCHED SOCIAL WELFARE SYSTEM AND WIDE SPREAD VIOLATION OF SOCIAL RIGHTS (2002-2003) 130 LACK OF HARMONISED LEGISLATION AT STATE LEVEL ON SOCIAL ENTITLEMENTS LIMITS FREEDOM OF MOVEMENT (2006) 132 INTER-ENTITY RETURN STILL HAMPERED BY DIVIDED PENSION SYSTEM (2006) 133 IMPACT OF DISPLACEMENT ON ACCESS TO EMPLOYMENT (2006) 136 SUSTAINABLE RETURN CONTINUES TO BE HINDERED BY HIGH RATES OF UNEMPLOYMENT AMONGST DISPLACED AND RETURNEES (2005) 137 AUTHORITIES HAVE FAILED TO ADDRESS VIOLATIONS OF WORKERS’ RIGHT WHO ARBITRARILY DISMISSED DURING THE WAR (2006) 140 PUBLIC PARTICIPATION 141 CURRENT CONSTITUTION AND LEGISLATION LIMITS THE RIGHT OF PARTICIPATION OF MINORITY RETURNEES (2006) 141 RETURNEES ARE NOT ADEQUATELY REPRESENTED IN PUBLIC INSTITUTIONS (2005) 145 ELECTION LAW PROVIDES FOR THE RIGHT TO VOTE