RECOGNITION AND CESSATION OF THE STATUS OF DISPLACED PERSONS AND RETURNEES IN THE FEDERATION

Similar documents
GUIDELINES FOR GRANT APPLICATION FOR TEMPORARY RELOCATION

Guardianship & Conservatorship In Virginia

U.S. English Foundation Research

Multi-Agency Guidance (Non Police)

Steps to Organize a CNU Chapter Congress for the New Urbanism

IEEE Tellers Committee Operations Manual

COUNCIL OF THE EUROPEAN UNION. Brussels, 12 July 2000 (28.07) (OR. fr) 10242/00 LIMITE ASILE 30

Printed copies are for reference only. Please refer to the electronic copy in Scouts.ca for the latest version.

AFRICAN PARLIAMENTARY CONFERENCE Refugees in Africa: The Challenges of Protection and Solutions (Cotonou, Benin, 1-3 June 2004) PROGRAMME OF ACTION

Conference of the States Parties to the United Nations Convention against Corruption

Assessment of Refugees Qualifications:

INFORMATION ON THE SELECTION PROCESS OF JUDGES AT THE UNIFIED PATENT COURT

ti' ; ~ ~djj 2 December 2016 Excellency,

DESCRIPTIVE CLASSIFICATIONS OF MIGRATION. Fabio Baggio

Refugee Council response to the 21 st Century Welfare consultation

Supervised Legal Practice Guidelines (Legal Profession Act 2008)

COURT FACILITY EQUAL ACCESS POLICY

Bob Simpson: Director of Intergovernmental Relations, Inuvialuit Regional Corp.

Dispute Resolution Around the World. Venezuela

EUROPEAN REFUGEE CRISIS

INTEGRITY COMMISSION BILL

Adjourning Licensing Hearings

INSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN

COMPILATION OF SECRETARY-GENERAL RECOMMENDATIONS ON WOMEN, PEACE AND SECURITY RELEVANT TO PEACE OPERATIONS ( )

REGISTERED STUDENT ORGANIZATION LEADERSHIP TEAM Drafted on: April 25, 2013

Tropical Forest Alliance 2020 Overview and Frequently Asked Questions

The Genuine Temporary Entrant (GTE) Requirement (Recommendations 1 and 2)

Recording Secretary Participant Workbook Facilitators: Colin Treanor (UConn 2014) Jake Lueck (Kansas 2017)

INSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS

Opinions on Choice of Law, Forum Selection, Arbitration, and Enforcement of Foreign Judgments or Arbitral Awards in Cross-Border Transactions

Vietnam National Consultation on the Protection and Promotion of the Rights of Migrant Workers March 3-4, 2008, Hanoi, Vietnam

SUBCHAPTER II - ADMINISTRATIVE PROCEDURE

Hatch Act: Who is Covered?

CONSTITUTION AND BYLAWS

1. adopt the principles of the Firearms Protocol to strengthen their controls over the import, export and transit movement of firearms;

Reintegration services

National Criminal History Record Check (NCHRC) Application Consent to Obtain Personal Information - December 2011

The British Computer Society. Open Source Specialist Group Constitution

Role Play Magistrate Court Hearings Teacher information

DEPUTY DISTRICT ATTORNEY I $5,461 - $7,410/Month

Written Submission of the International Commission of Jurists

Deferred Action for Parental Accountability (DAPA) Frequently Asked Questions December 4, 2014

L A W ON DISPLACED PERSONS, RETURNEES AND REFUGEES IN THE REPUBLIKA SRPSKA (RS Official Gazette, no. 42/05 of 26 April 2005)

CAMPAIGN REGISTRATION STATEMENT STATE OF WISCONSIN ETHCF-1

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Reintegration services

IMMIGRATION Canada. Temporary Resident Visa. Nairobi Visa Office Instructions. Table of Contents. For the following countries:

Multicultural Youth Advocacy Network (MYAN) Federal Election Policy Platform 2013

IMMIGRATION Canada. Temporary Resident Visa. Pretoria Visa Office Instructions. Table of Contents. For the following countries:

STALKING PROTECTION BILL EXPLANATORY NOTES

Making the Global Compact on Refugees Work for All Women and Girls Recommendations September 2017

Country Profile: Brazil

Nova Scotia Nominee Program NSNP Demand 200 Employer Information

If at all possible, it is strongly recommended that you get advice from a lawyer to help you with this application.

Exhibit 1 : Terms and conditions for domain name registrations under the ".ie" domain operated by IEDR

A Strategic Approach to Canada s Settlement Programming: Pre- and Post-Arrival Corinne Prince St-Amand Citizenship and Immigration Canada November

Alternative Measures for Adult Offenders ALT 1. March 1, 2018 CHA 1 CHI 1 CRI 1 FIR 1 HAT 1 IPV 1 SEX 1

FOR RESTRICTED AOs DIPLOMA IN POLICING ASSESSMENT UNITS Banked

Nova Scotia Nominee Program NSNP 200 Employer Information

ACI-NA Commercial Management Committee Participation Plan Last Updated: September 2018

The Terrorism Act 2000 came into force on 20 July

45-47 Part 1: General & Specified Prohibited Conduct Lecture 11: Consumer Protection Law

Dual Court System Chapter 3

CJS 220. The Court System. Version 2 08/06/07 CJS 220

Wisconsin Lobbying Disclosure

The Judicial Branch. I. The Structure of the Judicial Branch: *U.S. Supreme Court

PENNSYLVANIA TORTS DISTINCTIONS PROFESSOR MICHAEL P. MORELAND VILLANOVA UNIVERSITY SCHOOL OF LAW

PENNSYLVANIA CONFLICT OF LAWS PROFESSOR KEVIN P. OATES DREXEL UNIVERSITY THOMAS R. KLINE SCHOOL OF LAW

TOBACCO FREE JEFFERSON PARTNERSHIP

SALSA CLUB CONSTITUTION. Constitution of the "Salsa Club"

2017 NSBE DC Professionals Executive Board Candidate s Handbook

INTERNATIONAL TRADE AND CLIMATE CHANGE

Paul Tacon Social Affairs Officer, Social Development Division, United Nations ESCAP

2018 APPLICATION FOR APPOINTMENT TO NEW ALBANY CITY COUNCIL

CARL Backgrounder on the New Citizenship Act (formerly Bill C-24) INTRODUCTION

Item No Halifax Regional Council August 14, 2012

Meeting the Needs of Human Trafficking survivors. Diane Baird, MSW Program Manager

KGALAGADI CATCHMENT FORUM NOVEMBER 2012

AIPPI Special Committee Q94 WTO/TRIPS

Unit #2: American Political Ideologies and Beliefs AP US Government & Politics Mr. Coia

Application for Authorisation

Giving in Europe. The state of research on giving in 20 European countries. Barry Hoolwerf and Theo Schuyt (eds.)

Joan DUBAERE Racine & Vergels

OXON CHURCH OF ENGLAND PRIMARY SCHOOL COMPLAINTS POLICY

U.S. Federal Government

FLORIDA S DEPENDENCY BENCHBOOK BENCHCARD: PSYCHOTROPIC MEDICATION HEARING

HGI Plan Review: section 32 report for the island residential 2 (bush residential)

STALKING PROTECTION BILL EXPLANATORY NOTES

ROSE-HULMAN COMPLAINT RESOLUTION PROCEDURE FOR CIVIL RIGHTS EQUITY

MEMBER PROTECTION POLICY

Hague Service Convention

Article I: Legislative Branch; Powers of Congress, Powers denied Congress, how Congress functions

WITH RECENT CHANGES ISSUED BY THE CFPB, FINAL REMITTANCE TRANSFER REGULATIONS TO BECOME EFFECTIVE FEBRUARY 7, 2013

Activities: Teacher lecture (background information and lecture outline provided); class participation activity.

LEGAL THEORY / JURISPRUDENCE SUMMARY

OFFICIAL MEETING MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA DECEMBER 11,2014

THE NEW YORK BAR FOUNDATION

URBAN INFORMAL WORKERS: ECONOMIC RIGHTS & REPRESENTATIVE VOICE

2012 CORE COURSE PROPOSAL REVIEW APPENDIX A AMERICAN HISTORY COMPONENT

LEGAL BRIEF SMALL CLAIMS COURT JANUARY 2016

Transcription:

LAW ON DISPLACED PERSONS AND RETURNEES IN THE FEDERATION OF BOSNIA AND HERZEGOVINA AND REFUGEES FROM BOSNIA AND HERZEGOVINA (FBiH Official Gazette, n. 15/05 f 16 March 2005) I GENERAL PROVISIONS Article 1 This Law shall regulate: basic rights and bligatins f displaced persns and returnees, the acquisitin and cessatin f their status, their return t permanent residences where they have been expelled frm (hereinafter: the residence), methd f keeping registers f thse persns, prvisin f resurces fr the return and exercise f ther rights, as well as ther issues with regard t the rights and bligatins f thse persns in the territry f the Federatin f Bsnia and Herzegvina (hereinafter: the Federatin). Article 2 The issues regarding displaced persns and returnees in the Federatin and refugees frm Bsnia and Herzegvina shall be regulated in accrdance with the Law n Refugees frm Bsnia and Herzegvina and Displaced Persns in Bsnia and Herzegvina (BiH Official Gazette, n. 23/99, 21/03 and 33/03), this Law and Cantnal regulatins. Article 3 The respnsible Federatin, Cantnal and municipal authrities shall, in accrdance with the Cnstitutin f the Federatin f Bsnia and Herzegvina, Cantnal Cnstitutins, this Law and ther regulatins and dcuments, be bliged t encurage return and t create plitical, ecnmic and scial cnditins cnducive t vluntary, safe and sustainable return f displaced persns in Bsnia and Herzegvina and refugees frm Bsnia and Herzegvina. II RECOGNITION AND CESSATION OF THE STATUS OF DISPLACED PERSONS AND RETURNEES IN THE FEDERATION Article 4 A displaced persn, under this Law, is a citizen f Bsnia and Herzegvina wh, after 30 April 1991, has been displaced in the territry f the Federatin as a result f cnflict, persecutin, a well-funded fear f being persecuted r having his/her rights vilated within the territry f Bsnia and Herzegvina, and wh is neither able t return in safety and with dignity t his/her frmer place f residence nr has vluntarily decided t settle in a new place f living. Article 5 A returnee is a refugee frm Bsnia and Herzegvina r a displaced persn wh has expressed wish t return t his/her frmer place f residence t the respnsible bdy and wh is in the prcess f returning, as well as a refugee frm Bsnia and Herzegvina and a displaced persn wh has returned t his/her frmer place f residence. Returnees shall cease t be cnsidered returnees upn the expiry f a six-mnth deadline, cunting frm the day f their re-establishment in their frmer place f residence address f their frmer place f residence. Returnee, under this Law, is nt a persn wh has established himself/herself in anther place f residence within Bsnia and Herzegvina. Article 6 A refugee frm Bsnia and Herzegvina, under this Law, is a citizen f Bsnia and Herzegvina wh is utside f Bsnia and Herzegvina, and wh has been expelled frm his/her residence r left his/her place f residence in Bsnia and Herzegvina and escaped abrad, after 30 April 1991, due t a well-funded fear f being persecuted fr reasns f race, religin, natinality, affiliatin with a particular scial grup r his/her plitical pinin, and wh is neither able t return in safety and with dignity t his/her frmer place f residence nr has vluntarily decided t settle permanently utside f Bsnia and Herzegvina.

The status f displaced persn shall be recgnized t a refugee frm Bsnia and Herzegvina wh has returned t Bsnia and Herzegvina and wh is neither able t return in safety and dignity t his/her frmer place f permanent residence, nr has decided t take up permanent residence elsewhere in Bsnia and Herzegvina. Article 7 Recgnitin and cessatin f the status f displaced persn, under this Law, as well as recgnitin f their rights and bligatins, shall be decided upn by the respnsible Cantnal bdy identified by the Cantnal regulatin. An appeal against the decisin referred t in paragraph 1 f this Article can be filed with the Federatin Ministry fr Displaced Persns and Refugees (hereinafter: the Federatin Ministry), within 15 days frm the receipt f the decisin. An administrative dispute can be initiated against the decisin referred t in paragraph 2 f this Article. Rights and bligatins f displaced persns and returnees, defined by Cantnal regulatins, shall be decided upn by the respnsible bdy identified by the Cantnal regulatins. Article 8 The status f displaced persn shall be recgnized frm the day a displaced persn r a returnee filed an applicatin requesting the recgnitin f such a status. A displaced persn identificatin card shall be issued t a persn whm the status f displaced persn has been recgnized. At the request f a returnee himself/herself, the respnsible department shall issue a certificate n the status f returnee. The Federatin Minister in charge f displaced persns and refugees (hereinafter: the Minister) shall pass the regulatin n the frm f the card referred t in paragraph 2 f this Article. Article 9 The status f displaced persn shall nt be recgnized t a persn wh has been fund guilty f a crime against humanity and Internatinal Law by a legally binding decisin f the Internatinal Crime Tribunal fr ex-yugslavia r by the Curt f Bsnia and Herzegvina and such a persn shall have his/her status f displaced persn re-recgnized nce his/her sentence is fully served. Article 10 The status f displaced persn shall cease: 1. upn vluntary return t his/her frmer place f residence; 2. if he/she refuses t return t his/her frmer place f residence, althugh return t his/her frmer place f residence, in safety and with dignity, is pssible, and if there are n cmpelling reasns arising ut f previus persecutin r ther strng humanitarian reasns; 3. when a displaced persn has vluntarily decided t permanently settle elsewhere in the territry f the Federatin; 4. when a displaced persn has made a free use f his/her pre-war prperty in his/her frmer place f permanent residence (sale, exchange, rent); 5. when a displaced persn has made a free use f his/her prperty in his/her place f temprary residence (purchase r cnstructin f huse, apartment); 6. when a displaced persn has used assistance/dnatin fr an urgent repair f his/her huse, apartment in his/her place f permanent/temprary residence; 7. in case f death. III RIGHTS AND OBLIGATIONS OF DISPLACED PERSONS AND RETURNEES Article 11 Persns whse status f displaced persn and returnee has been recgnized shall be temprarily prvided with the fllwing rights: 2

1. assistance in basic repair f his/her wn apartments and huses; 2. lans r dnatins fr initiating businesses fr generating incme fr themselves and their families; 3. temprary accmmdatin; 4. necessary fd; 5. scial reintegratin and psychlgical supprt; 6. health care; 7. educatin f children and yuth; 8. ther necessary living essentials. A returnee shall nt lse the right t receive assistance fr sustainable return and assistance in basic repair f his/her wn apartment r huse after the cessatin f the status. The Cantns may, depending n their financial situatin, define ther rights f persns referred t in paragraph 1 f this Article. Article 12 A temprary accmmdatin, under Article 11, paragraph 1, item 3 f this Law, refers t a residing space prvided t persns referred t in Articles 4 and 5 f this Law, tgether with their family members, while the size f the allcated accmmdatin shall be determined accrding t the number and age f these persns. The temprary accmmdatin shall be prvided fr in: receptin-transit centers, cllective centers, settlements that have been cnstructed, recnstructed r renvated fr the purpse f accmmdating persns referred t in paragraph 1 f this Article, as well as in the apartments and huses f hst families and in the available apartments. Such accmmdatin shall nt be allcated if thse persns have dispsable funds, including incme, which are sufficient t cver their accmmdatin needs. The respnsible Cantnal-municipal bdy shall specify a minimum threshld f dispsable funds frm paragraph 3 f this Article, equivalent t the threshld f funds determined under the Law n Cessatin f Applicatin f the Law n Abandned Apartments (FBiH Official Gazette, n. 11/98, 38/98, 12/99, 18/99, 27/99, 43/99, 65/01, 15/02 and 24/03) and the Law n Cessatin f Applicatin f the Law n Temprarily Abandned Real Prperty Owned by Citizens (FBiH Official Gazette, n. 11/98, 29/98, 27/99, 43/99, 37/01, 56/01, 15/02 and 24/03). In cases where a displaced persn r a returnee has regulated his/her accmmdatin pursuant t the Law n Cessatin f Applicatin f the Law n Abandned Apartments and the Law n Cessatin f Applicatin f the Law n Temprarily Abandned real Prperty Owned by Citizens and with the apprval f the respnsible bdy, and has been requested t vacate his/her current accmmdatin, s/he shall have the right t anther adequate accmmdatin in accrdance with this Law and in the manner and under the cnditins determined by the Cantnal regulatins n husing relatins. This prvisin shall be applied t persns referred t in paragraph 1 f this Article in cases where it has been determined that they ccupy a huse r an apartment withut the apprval f a respnsible bdy and are unable t return t their frmer place f residence, what shall be ex ffici verified by the respnsible bdy. Article 13 A receptin-transit center refers t a cvered space cnsisting f ne r mre functin-wise rms. The receptin-transit center has t prvide fr the rms designed as: a kitchen with a dining rm, a laundry rm, a bathrm and a WC, a space fr a living rm and bedrms. The minimum accmmdatin capacity f a receptin-transit center is 40 persns, securing at least 5 m 2 per persn. The receptin-transit center shall be used fr the accmmdatin f persns referred t in Articles 4 and 5 f this Law until anther accmmdatin is prvided t them, and at mst fr 90 days frm the day f their admissin. 3

Article 14 A cllective center refers t a cvered space designed fr varius purpses, which shall be used in case f a specific need fr temprary accmmdatin f persns referred t in Articles 4 and 5 f this Law, until they are prvided with anther, permanent accmmdatin. The space used as a cllective center has t meet ne elementary requirement, which is t have ne r mre functin-wise rms, cnnected in the manner ensuring necessary feeding and sleeping arrangements, as well as hygiene maintenance and residing. The minimum accmmdatin capacity f a cllective center is 40 persns, with at least 5 m 2 per persn. Article 15 A settlement built r recnstructed fr the purpse f accmmdating persns referred t in Articles 4 and 5 f this Law refers t a number f husing and ther units, cnstructed r recnstructed within a limited space, prviding fr the minimum f 6-8 m 2 per persn within each husing unit. The settlement referred t in paragraph 1 f this Article has t meet the requirements necessary t ensure feeding and sleeping arrangements, hygiene maintenance and ther cnditins with regard t residing f these persns. Article 16 Available apartments refer t apartments that prvide fr the minimum f 8-10 m 2 per persn and that can be used fr the temprary accmmdatin f persns referred t in Articles 4 and 5 f this Law, in the manner and under the cnditins prescribed by Cantnal regulatins and regulatins n husing relatins. Article 17 Exceptinally, and with a view t achieving the necessary minimum requirements fr accmmdating persns referred t in Articles 4 and 5 f this Law, the Gvernment f the Federatin f Bsnia and Herzegvina (hereinafter: the Federatin Gvernment) shall, with the cnsent f a Cantnal gvernment, select particular units within a cantn, which are f the Federatin interest, fr temprary accmmdatin f thse persns. Article 18 The right t fd supplies, scial reintegratin and psychlgical supprt, health care, educatin f children and yuth and ther living necessities shall be prvided t persns referred t in Articles 4 and 5 f this Law, in accrdance with this Law, Cantnal regulatins and ther regulatins frm the area f scial care. Article 19 The extent f rights prescribed in Article 11, pints 3 thrugh 8, f this Law shall be determined depending n whether a persn referred t in Articles 4 and 5 f this Law is emplyed r nt, whether s/he is a pensiner, a scial welfare beneficiary, a dependent, r whether s/he makes incme based n any ther grunds whatsever. If a persn referred t in paragraph 1 f this Article des nt exercise the rights stated in paragraph 1 f this Article, thse rights shall be exercised in accrdance with Cantnal regulatins. Article 20 Displaced persns and returnees shall be bliged t ntify the respnsible Cantnal bdy f any circumstance affecting the extent and cessatin f rights referred t in Article 11 f this Law, within 15 days frm the day f manifestatin f such a circumstance. The circumstances referred t in paragraph 1 f this Article shall be ex ffici checked by the respnsible bdy. IV RETURN OF DISPLACED PERSONS AND REFUGEES FROM BiH TO THE TERRITORY OF THE FEDERATION Article 21 4

The persns referred t in Articles 4, 5, and 6 f this Law shall have the right t return freely t their frmer place f residence r t anther place f their chice, withut any risk f intimidatin, terrrizing, persecutin r discriminatin based n sex, vilence based n sex, harassment and sexual and gender-related harassment. Returnees referred t in paragraph 1 f this Article shall be, regardless the methd f their return, bliged t register with the respnsible municipal bdy fr the purpse f keeping recrd n them. With a view t creating cnditins fr the return f persns referred t in paragraph 1 f this Article, the respnsible bdies f the Federatin, Cantn and municipality shall undertake all necessary measures, such as: ensuring freedm f mvement, cmpliance with human rights and fundamental freedms, increased residing security in the place f the return, return f prperty t wners, cnstructin and recnstructin f huses and apartments, creatin f cnditins fr sustainable return and ther cnditins affecting safe and dignified return f displaced persns and refugees, etc. Article 22 T ensure unifrm and harmnized realizatin f bjectives identified by Annex VII f the General Framewrk Agreement fr Peace in Bsnia and Herzegvina thrughut the territry f BiH, the activities referred t in Article 21, paragraph 3 f this Law shall be crdinated within the Cmmissin fr Refugees and Displaced Persns f Bsnia and Herzegvina. The status and cmpetency f the Cmmissin fr Refugees and Displaced Persns is regulated by the Law n Refugees frm Bsnia and Herzegvina and Displaced Persns in Bsnia and Herzegvina. Article 23 With a view t creating cnditins necessary fr the return f persns referred t in Articles 4, 5 and 6 f this Law, plans f return and repatriatin f thse persns fr the territry f the Federatin and cantns shall be made by the respnsible Federatin bdies, in cperatin with the Ministry fr Human Rights and Refugees f Bsnia and Herzegvina (hereinafter: the Ministry fr Human Rights and Refugees). Article 24 The Federatin Gvernment shall adpt the grunds fr drafting the Plan f Return referred t in Article 25 f this Law, at the prpsal f the Federatin Ministry. Article 25 Plan referred t in Article 23 f this Law fr the territry f the Federatin shall be adpted by the Federatin Gvernment, and fr the territry f Cantn by the Cantnal Gvernment. Article 26 With a view t creating cnditins fr the return f displaced persns and refugees frm Bsnia and Herzegvina, the respnsible bdies f the Federatin and cantns shall prvide thse persns with necessary infrmatin, in particular the infrmatin abut the cnditins fr the return, and shall, t that effect, c-perate with the Ministry fr Human Rights and Refugees, UNHCR and ther respnsible internatinal rganizatins, establish inter-entity c-peratin, their mutual c-peratin, as well as cperatin with ther bdies and rganizatins. Article 27 The general criteria fr identifying ptential beneficiaries f recnstructin assistance are: 1. that he/she is a refugee frm Bsnia and Herzegvina, displaced persn in Bsnia and Herzegvina r returnee; 2. that he/she has expressed intentin t return; 3. that the wnership status r ccupancy right n the husing unit that is subject t recnstructin has been established; 4. that the husing unit that is subject t recnstructin was his/her permanent residence n 30 April 1991; 5. that the husing unit that is subject t recnstructin is deemed uninhabitable, pursuant t the applicable standards n the minimum husing cnditins; 6. that he/she and his/her husehld members since 1991 d nt have anther husing unit in the territry f Bsnia and Herzegvina that is deemed inhabitable, pursuant t the applicable standards n the minimum husing cnditins; 5

7. that he/she has nt received recnstructin assistance sufficient t meet the applicable standards n the minimum husing cnditins. The Federatin Ministry shall seek mutual agreement with the Ministry fr Human Rights and Refugees and Republika Srpska and Brck District Gvernments within the Cmmissin fr Refugees and Displaced Persns f Bsnia and Herzegvina regarding the specific criteria fr selecting pririty beneficiaries and rendering recnstructin and return assistance, as well as regarding the specific standards and prcedures ensuring cmpliance with the general and specific criteria, full transparency f the prcess and infrmatin fr the beneficiaries. The Federatin Ministry shall, thrugh its by-laws, ensure the applicatin f the specific criteria, standards and prcedures referred t in the previus paragraph. Article 28 The decisin n the selectin f beneficiaries, prepared pursuant t Article 27 f this Law, tgether with the criteria under which they were selected shall be published in daily newspapers and n the municipal public annuncement bards in bth the municipalities f displacement and planned return, respecting the prtectin f data f the selected beneficiary. Article 29 Within 15 days f any cmplaint being filed pursuant t Article 28 f this Law, the Federatin Ministry shall cnduct a review prcedure based n infrmatin cntained therein and shall issue its cnclusins in accrdance with the existing legislatin. The Federatin Ministry shall infrm, in writing, persns wh submitted cmplaints, f its cnclusins fllwing the review prcedure. Article 30 The Federatin Ministry shall cnclude an individual tripartite cntract, with each beneficiary, including persnal data and the quantity and type f assistance, in accrdance with an instructin t be issued by the Minister within 15 days frm the entry int frce f this Law. The beneficiary shall sign the tripartite cntract, tgether with the persn authrized by the Federatin Ministry t sign n its behalf and an authrized representative f the cantn-municipality where the assistance will be delivered. Each signatry shall be prvided with a cpy f the cntract and a cpy shall be frwarded t the Cmmissin fr Refugees and Displaced Persns f Bsnia and Herzegvina. Article 31 The Federatin Ministry shall terminate, in accrdance with the prcedures defined by the Law n Obligatins f the Federatin f Bsnia and Herzegvina ( Official Gazette f the FBiH, N. 2/92, 13/93 and 13/94), and subject t lawful cntractual rights, all cntracts with vendrs that vilate applicable tender prcedures r fail t implement assistance prjects as specified by the cntract. Article 32 Beneficiaries shall be entitled t file a cmplaint with the Federatin Ministry, if they believe that a vendr cntracted by the Federatin Ministry t implement an assistance prject fails t meet its bligatins r inadequately fulfills its bligatins specified by the cntract. The Minister shall frm a Cmmissin that shall investigate allegatins f nnfeasance r malfeasance in the implementatin f assistance prjects. The Federatin Ministry shall adpt a Rulebk, which shall regulate the wrk f the Cmmissin, including the rules f prcedures and the cmpsitin f the Cmmissin. Persns f bth sexes shall be equally represented in the said Cmmissin. The Minister shall undertake apprpriate crrective measures based n the findings f the Cmmissin. 6

Article 33 Beneficiaries wh receive assistance based upn incrrect data r false statements, r wh divert assistance fr unintended purpses, shall either cmpensate the Federatin Ministry in the amunt f the misused r misallcated assistance, r return all aid received via the Federatin Ministry. Article 34 Data n all cntracts, as well as cpies f all cntracts and recrds f delivery shall be maintained by the Federatin Ministry and such data and dcuments shall be publicly available, in accrdance with the Law n Freedm f Access t Infrmatin (FBiH Official gazette, n. 32/01). Article 35 The Federatin Ministry shall ensure the transparency f each apprved prject thrugh its bkkeeping and accunting. Each prject shall have a clear budget breakdwn and shall include all infrmatin specified in an instructin r instructins regulating the prject, which shall be issued by the Federatin Ministry. Every three mnths, the Federatin Ministry shall be bliged t infrm the Cmmissin fr Refugees and Displaced Persns f Bsnia and Herzegvina f the prgress made in implementing prjects. Article 36 A mre detailed regulatin prescribing the rganizatin f the return f displaced persns and persns referred t in Article 5 f this Law, as well as the return prcedure and ther issues regarding the return f thse persns, shall be passed by the Minister within 60 days frm the entry int frce f this Law. V RESPONSIBILITIES OF BODIES IN EXERCISING THE RIGHTS OF DISPLACED PERSONS AND RETURNEES Article 37 With a view t exercising rights and creating cnditins fr the return f displaced persns and persns referred t in Article 5 f this Law in the territry f the Federatin, the Federatin Gvernment, the Federatin Ministry and the respnsible Cantnal bdies shall, in crdinatin with the Ministry fr Human Rights and Refugees, undertake the apprpriate measures, and in particular: 1. The Federatin Gvernment: shall adpt the Plan f Return and Repatriatin f displaced persns and refugees frm BiH, at least nce a year; shall adpt the Plan f recnstructin and cnstructin f units and settlements fr accmmdatin f displaced persns and returnees which are f the Federatin imprtance; shall adpt the grunds fr drafting the plans referred t in Article 23 f this Law; shall determine the balance f necessary funds in cases when Cantnal funds are insufficient, all with a view t creating cnditins fr the return and exercising f the rights f displaced persns and persns referred t in Article 5 f this Law; shall nminate its members in the Cmmissin fr Refugees and Displaced Persns f Bsnia and Herzegvina. 2. The Ministry: shall make the prpsed annual plan f return and repatriatin referred t in item 1 f this Article; shall prepare the grunds fr drafting the Plan referred t in Article 24 f this Law; shall fllw up n the implementatin f Cantnal plans f return and repatriatin; shall c-rdinate activities in the realizatin f Cantnal plans f return and repatriatin; shall plan and implement the plan f cnstructin f units, recnstructin and repair f settlements which are f the Federatin interest, fr the accmmdatin f displaced persns and persns referred t in Article 5 f this Law; shall prepare the balance f necessary funds referred t in item 1 f this Article; 7

shall c-perate with the respnsible Cantnal bdies, establish inter-entity c-peratin and cperatin with the UNHCR, ther internatinal rganizatins, as well as with ther bdies and rganizatins; shall keep the main recrd n displaced persns and persns referred t in Article 5 f this Law; shall cnduct ther activities with regard t exercising f the rights f displaced persns and persns referred t in Article 5 f this Law, and in accrdance with the Cnstitutin f the Federatin f Bsnia and Herzegvina, this Law and ther regulatins. 3. A Cantn: shall adpt the plan f return and repatriatin fr the Cantnal area; shall plan and implement the plan f the cnstructin f units, recnstructin and repair f settlements fr accmmdatin f displaced persns and persns referred t in Article 5 f this Law which are f the Cantnal interest; shall prepare and adpt the balance f necessary funds fr the Cantnal area, with a view t creating cnditins fr the return and exercising f the rights f displaced persns and persns referred t in Article 5 f this Law; shall decide wh will carry ut the activities and shall determine resurces indispensable fr exercising f the rights f displaced persns and persns referred t in Article 5 f this Law, fr the Cantnal area; shall rganize accmmdatin in and functining f receptin-transit centers and cllective centers; shall carry ut census and keep the basic recrd n displaced persns and persns referred t in Article 5 f this Law, within its territry and deliver reprt t the Federatin Ministry; shall c-perate with the respnsible bdies f ther cantns and f the Federatin, as well as with the UNHCR and ther internatinal rganizatins, in particular with regard t the imprvement f the planned return f displaced persns and persns referred t in Article 5 f this Law; shall carry ut ther activities with regard t exercising f the rights f displaced persns and persns referred t in Article 5 f this Law, in accrdance with the Cnstitutin f the Federatin f Bsnia and Herzegvina, this Law, Cantnal Cnstitutin, Cantnal regulatins, and ther regulatins and acts. VI CENSUS AND REGISTRATION OF DISPLACED PERSONS AND RETURNEES Article 38 The respnsible Cantnal bdy shall carry ut a census and keep the basic recrds n displaced persns and persns referred t in Article 5 f this Law, within its territry and deliver reprt t the Federatin Ministry, n mnthly basis. The main recrd n displaced persns and persns referred t in Article 5 f this Law fr the territry f the Federatin shall be kept by the Federatin Ministry, n the basis f the basic recrds referred t in paragraph 1 f this Article. A mre detailed regulatin n keeping the main and the basic recrds referred t in this Article shall be passed by the Minister. VII RESOURCES FOR FINANCING THE NEEDS OF DISPLACED PERSONS AND RETURNEES Article 39 Resurces fr financing the needs f displaced persns and persns referred t in Article 5 f this Law shall be prvided: frm the Return Fund which is c-financed by the Federatin Gvernment, frm the Federatin budget, frm Cantnal and municipal budgets, frm financial assistance f hst cuntries f refugees frm BiH, by relevant internatinal rganizatins, 8

frm dnatins and credits received fr these purpses frm internatinal financial rganizatins, dmestic actrs, frm dnatins frm the private sectr, ther surces. Article 40 Financial resurces shall be used fr meeting the needs f and creating cnditins fr the return f displaced persns and persns referred t in Article 5 f this Law, in accrdance with this Law and Cantnal regulatins. VIII SUPERVISION OF THE APPLICATION OF THIS LAW Article 41 The applicatin f this Law, as well as f the regulatins gverning its applicatin, shall be supervised by the Federatin Ministry and the respnsible Cantnal bdy, each within its wn jurisdictin. IX PENALTY PROVISIONS Article 42 The respnsible persn in and the emplyee f the respnsible administrative bdy shall be fined fr a minr ffence with 500 KM - 2,000 KM if s/he: 1. recgnizes r revkes the status f displaced persn and returnee cntrary t the cnditins f this Law (Articles 4-7), 2. denies temprary accmmdatin t any displaced persn and a persn referred t in Article 5 f this Law, in accrdance with Article 11 f this Law, 3. prevents free and vluntary return f displaced persns and persns referred t in Article 5 f this Law (Article 21), 4. fails t frward data n a census and recrds n displaced persns and persns referred t in Article 5 f this Law, 5. perfrms r fails t perfrm an actin, due t which sme ther rights f displaced persns and persns referred t in Article 5 f this Law, which they are entitled t in accrdance with this Law, have been vilated, 6. prvides incrrect infrmatin r false statements r redirects assistance fr unplanned purpses as referred t in Article 33 f this law. X TRANSITIONAL AND FINAL PROVISIONS Article 43 Identificatin dcuments and decisins verifying the status f a displaced persn, and certificates recgnizing the status f persns referred t in Article 5 f this Law, which are issued n the territry f the Federatin, shall remain valid until determined therwise. Article 44 The Cantns shall harmnize their regulatins with this Law, within 90 days frm the entry int frce f this Law. Article 45 The Law n Displaced-Expelled Persns and Repatriates (FBiH Official Gazette, n. 19/00, 56/01, 27/02, 18/03 and 42/04) shall cease t be applied in the territry f the Federatin n the day f the entry int frce f this Law. Article 46 This Law shall enter int frce n the eighth day frm its publicatin in the Official Gazette f the FBiH. 9

President f the Huse f Representatives f the BiH Federatin Parliament Muhamed Ibrahimvic President f the Huse f Peples f BiH Federatin Parliament Slavk Matic 10