The Nuhanovic Foundation

Reparations Database

General Framework Agreement for Peace in Bosnia and Herzegovina

YEAR

2023

Country Focus

DOCUMENTS

This is the agreement signed by the parties to the three-year conflict in Bosnia and Herzegovina that ended in 1995. In relation to reparations its Annexes 6 and 7 are of particular interest.  Annex 6, Ch.2 Article II establishes the Human Rights Commission, which comprised the Office of the Ombudsman for Human Rights and the Human Rights Chamber. These institutions were empowered to consider any alleged or apparent violations of human rights or instances of discrimination on any grounds, ‘where such violation is alleged or appears to have been committed by the Parties, including by any official or organ of the Parties, Cantons, Municipalities, or any individual acting under the authority of such official or organ’. Part B (p.85) covers the Jurisdiction and powers of the Ombudsman while Part C (p.87) covers the jurisdiction and powers of the Human Rights Chamber.

Annex 7, Ch.2 Article VII establishes the Commission for Displaced Persons and Refugees (p. 97). Its mandate (see Article XI) was ‘[to] receive and decide any claims for real property in Bosnia and Herzegovina, where the property has not voluntarily been sold or otherwise transferred since April 1, 1992, and where the claimant does not now enjoy possession of that property. Claims may be for return of the property or for just compensation in lieu of return’.

The mandates of both commissions expired in 2003. Several reports in this section below document the current and still unsatisfactory state of reparations procedures in the Federation of Bosnia and Herzegovina and in the Republic of Serbia today.