A/HRC/22/49/Add.1
VI. Constituent peoples and returnee communities as de facto
minorities
64.
The Independent Expert visited returnee communities in Derventa (Croat), Kotor
Varos (Bosniak) and the villages of Ortijes and Laksevine near Mostar (Serb) and consulted
community members about their situations as de facto minorities. She sought to learn about
their issues and concerns, recognizing that the post-conflict environment entails particular
and unique challenges for those from communities formerly at war. In 2010 the
Government adopted a revised strategy for the implementation of annex 7 of the Dayton
Agreement that provides a framework for resolving outstanding displacement issues.
65.
In the communities visited, residents described mostly peaceful relations with the
majority population and emphasized that they rarely faced violence or intimidation or
experienced serious ethnic or religious tensions. Each community stated that it sought
positive relations with other ethnic and religious groups. However, returnee communities
also conveyed a sense of isolation and lack of interaction with surrounding majority
communities. In some cases, such as in Kotor Varos, they are physically remote.
Consequently, barriers to integration and economic, social and political participation exist
that result in the relative segregation of some returnees from wider society.
66.
Returnees frequently represent just a small fraction of the original, pre-war
communities. In the case of Croat returnees to Derventa, the community stated that only 2.8
per cent of the original number had returned on a permanent basis, while many more return
irregularly to exercise their rights to land and property or to obtain essential documents. In
all communities the majority of those who had returned are older persons with stronger
attachment to homes and lands than younger people, who have often only returned in small
numbers and who have built new lives abroad. One resident described a ―withering,
stagnating community‖—a sentiment commonly expressed by returnees.
67.
Returnee communities emphasized the need for continuing reconstruction support.
In Kotor Varos, residents stated that support for reconstruction would encourage greater
numbers to return. They claimed that immediately after the signing of the Dayton
Agreement some 376 houses were destroyed to prevent Bosniaks from returning. In Ortijes
and Laksevine, Serbs stated that 1,160 Serb houses in the region still required
reconstruction. In Derventa, the Croat community reported that there were 1,274
outstanding requests for reconstruction, while 1,500 houses had been reconstructed with the
assistance of international donations. 21 Communities expressed frustration that the
likelihood of further population return diminished with time.
68.
Community members expressed concerns about the sustainability and economic
viability of communities with few young people and women. Most communities are heavily
reliant on small-scale agriculture. They acknowledged that some assistance, in the form of
machinery and seeds, had been provided in order to make neglected land productive.
However, incomes from agriculture are low and communities have requested significant
additional support. One Serb resident, who earns an income by selling fruit by the roadside,
stated: ―It is very difficult to get a job. I see no future for my son here.‖
69.
All communities commented that finding employment was difficult, particularly in
the current financial crisis. However, the situation is particularly difficult for returnees, and
discrimination plays a role. Returnees described barriers to employment in public bodies
and institutions, which tend to hire candidates from majority communities. One person in a
21
16
Figures are based on interviews with community members and have not been verified