Bosnia and Hercegovina Unfinished Business: the Return of Refugees and Displaced Persons to Bijeljina
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May 2000 Volume 12, Number 7 (D) BOSNIA AND HERCEGOVINA UNFINISHED BUSINESS: THE RETURN OF REFUGEES AND DISPLACED PERSONS TO BIJELJINA SUMMARY .........................................................................2 RECOMMENDATIONS .................................................................5 INTRODUCTION .................................................................... 11 THE TAKE-OVER OF BIJELJINA AND JANJA ............................................... 11 THE WAR YEARS IN BIJELJINA ........................................................ 16 Ethnically motivated violence ...................................................... 17 Dismissals from work and conscription into the army ..................................... 18 Forced labor .................................................................. 19 The Batkoviƒ camp ............................................................. 21 The rule on “surplus living space” and subsequent evictions ................................. 24 The Commission for Exchange and the expulsion of the civilian population ...................... 28 Between war and peace .......................................................... 31 THE INDIVIDUALS INVOLVED IN THE ETHNIC CLEANSING OF BIJELJINA ....................... 33 ðeljko Rañnatoviƒ, a.k.a. Arkan ..................................................... 33 Ljubiša Saviƒ, a.k.a. Major Mauser ................................................... 34 Vojislav “Vojkan” Ðurkoviƒ ........................................................ 36 Jovan A…imoviƒ, a.k.a. A…im ....................................................... 37 ABUSES AGAINST MINORITIES AFTER THE WAR .......................................... 37 Abuses related to housing issues and return ............................................ 37 Reinstatement of the “floaters” ............................................... 38 Return of refugees and displaced persons ........................................ 43 A New Atmosphere ....................................................... 49 Projects to accommodate displaced persons and promote return ........................ 54 The GTZ Project ................................................... 56 Abuses by the police ............................................................ 60 The Case of Jusuf Alihodñic ................................................. 61 The Case of Fadil Ganiƒ .................................................... 62 Other Cases ............................................................ 64 The issuing of I.D. cards ......................................................... 65 The Zvornik Seven trial .......................................................... 66 Implementation of election results ................................................... 69 Other abuses .................................................................. 71 Violence against members of the international community .................................. 73 SUMMARY Bijeljina is a strategic city in the Republika Srpska (RS) in divided Bosnia and Hercegovina. The second-largest city in the RS, Bijeljina is at the juncture of the territory’s two parts: the eastern part, which is considered to be politically more extreme, and the western part, which is considered to be politically more moderate. A large group of non-Serb Bijeljina residents were expelled during the war but would like to return to their homes. The return of displaced persons and refugees and the treatment of minorities in Bijeljina and similar cities such as Prijedor, Doboj, and Zvornik are crucial for the peace process. If the Dayton agreement cannot be implemented in these medium-sized cities, which traditionally had sizable Bosniak or Bosnian Croat communities, the chances are small that the agreement will be implemented in other areas in the RS. Bijeljina was the first city in Bosnia and Hercegovina that came under attack by Serbian and Bosnian Serb forces and fell victim to the policy of “ethnic cleansing.” On the night of April 1, 1992, paramilitaries belonging to Arkan’s Serbian Volunteer Guard, a.k.a. the “Tigers,” together with other paramilitary forces, attacked and occupied Bijeljina. In the four days that followed, many Bosniaks and other minorities lost their lives; their property was ransacked, looted, and burned and many Bosniaks decided to leave Bijeljina. It was no coincidence that Bijeljina was the first city to be attacked. Located on one of the main roads leading to Serbia, it was crucial to the establishment of a “Greater Serbia,” envisioned by its advocates as an ethnically homogenous, preferably contiguous, area inhabited by ethnic Serbs. Predominantly Serb areas in northwestern Bosnia and Hercegovina and Croatia could only be connected with Serbia if the Bijeljina area was under Serb control. Therefore, the Bosnian Serb authorities embarked on a brutal policy of “ethnic cleansing” to force citizens of other ethnicities, in particular Bosniaks, to leave the area. During the first two years after the outbreak of the war, many Bosniaks in Bijeljina fell victim to ethnically motivated violence, and tens and maybe even hundreds of Bosniaks lost their lives. Moreover, many Bosniaks were physically abused by members of the police or special police, forced into the army or into forced labor at the front, dismissed from their work, and evicted from their houses. Many Bosniaks ended up in the Batkoviƒ detention camp, one of the most notorious camps in Bosnian Serb territory. Nevertheless, a relatively large group of Bosniaks remained in Bijeljina, and in particular in the village of Janja, until 1994. Janja was even used by the Bosnian Serb authorities as a “showcase” of peaceful coexistence between Bosnian Serbs and “loyal” Bosniaks, even though the Bosniaks were clearly second-class citizens and subject to harassment. In 1994, however, a renewed surge of “ethnic cleansing” took place. Many men were detained and forced to work at the front lines, where they had to work long hours under dangerous conditions. They were sometimes used as human shields, and permanently at the mercy of Bosnian Serb troops, who often vented their anger over military losses by physically mistreating them. The harassment of minorities in Bijeljina ultimately served only one purpose: to compel them to leave for Bosnian government-controlled territory or Croatia. The authorities even set up a Commission for the Exchange of the Civilian Population, which facilitated the departure of minorities by “safe transport.” Those who signed up to leave had to pay considerable fees for their transport, but were nevertheless stripped of all their belongings before being transported across the front line by Vojkan Ðurkoviƒ, the head of the commission, and his associates. Others who did not sign up to leave were also forced to leave by the commission, either by Ðurkoviƒ himself or by paramilitaries under the command of Ljubiša Saviƒ, a.k.a. “Major Mauser.” Human Rights Watch 2 May 2000, Vol. 12, No. 7 (D) At the end of the war, fewer than 2,700 of the original population of more than 30,000 Bosniaks remained in Bijeljina. The vast majority of them had been evicted from their homes during the war, and many of those who had managed to hold on to their homes were evicted just before the peace agreement was signed. The Dayton Peace Agreement that ended the war in Bosnia and Hercegovina aimed to restore the multi-ethnic society that Bosnia and Hercegovina once was. Bijeljina, which despite the ruthless policy of “ethnic cleansing” had one of the largest post-war Bosniak communities, seemed to have better prospects than other cities for realizing this aim. However, the authorities in Bijeljina continue to obstruct the implementation of the Dayton agreement, providing neither protection nor equal rights to the Bosniak community of Bijeljina, while actively deterring the return of Bosniaks who were driven from the city during the war. Almost without exception, those Bosniaks and members of other non-Serb minorities who remained in Bijeljina still do not live in their own homes. Having been expelled from their homes, this "floating" population remained in their municipality of origin, often living in small outbuildings or moving between the homes of relatives and friends. For a considerable time, government institutions, including the courts and the commission dealing with housing issues, refused to accept requests for the return of Bosniak homes or having received such requests took no action on them. In those few cases in which a court or the commission restored Bosniaks' rights to reside in their own homes, the decisions were not implemented. Although there are approximately 2,000 to 3,000 minorities in Bijeljina who are seeking “reinstatement” in their homes, Human Rights Watch is aware of only a few cases in which these Bosniaks recovered their homes in 1999. The reinstatement of this floating population is crucial in implementing the Dayton agreement: displaced persons will base their decision whether or not to return in large part on the information they receive from the Bosniaks who still live in Bijeljina. If even those who have remained and were touted as “loyal” citizens of the Republika Srpska cannot exercise their basic rights, what are the prospects of return for those who left? As may be expected, to date there has been only limited return of minorities to Bijeljina. The United Nations High Commission for Refugees (UNHCR) estimated that between the signing of the Dayton agreement in December 1995 and the end of 1998