established or reconfigured States in these regions were to a significant extent built with and on the
property of its minority populations, which had become a refugee or IDP population without any
protection of their property rights.
What a difference this is compared to the post-conflict settlements in the former Yugoslavia at the
end of the 20th Century, a country in which prolonged ethnic fighting took place along majority
minority lines. In 1995, the Dayton Peace Agreement for Bosnia and Herzegovina granted refugees
and IDPs an individual right to freely return to their homes of origin. The international community
established a mixed national and international (hybrid) dispute settlement body, the Commission for
Real Property Claims (CRPC), to settle thousands of restitution and compensation claims for lost
real property that was not voluntarily sold or otherwise transferred since the outbreak of the war in
1992.
In line with the general distribution of local and international responsibilities prescribed by the Peace
Accords, enforcement responsibility for CRPC decisions fell on the Bosnian entities, the Federation
of BiH (dominated by Croats and Muslims) and the Republika Srpska. The reliance on local
implementation became, however, the major challenge and pitfall of the CRPC’s work, as the entities
were governed by nationalistic administrations who did not want to give back the housing and land to
the fled minority population. Local authorities simply refused to implement the decisions for a long
time. It took the Chapter VII-backed enforcement legislation of the High Representative of the
Dayton Peace Agreement (OHR), as well as a concerted monitoring and coordination effort by all
relevant international organizations operating in BiH, to bring about an enforcement policy nearly 5
years after the CRPC’s establishment. To effect this change in local attitude and policy, it was
important for the entities to adopt their own “parallel” procedures for the confirmation of property
rights that did not involve any CRPC decision-making (local ownership). On the one hand, this led to
considerable duplication of work, but on the other hand, it allowed the enforcement of CRPC
decision-making as well.
Something similar happened around the same time in Kosovo. After the NATO bombardment in
spring 1999, the UN interim administration UNMIK undertook enforcement measures to protect
and to promote human rights and to ensure the safe and unimpeded return of refugees and IDPs to
their homes in Kosovo. UNMIK established a Housing and Property Directorate and Claims