BOSNIA AND HERZEGOVINA

AGREEMENT

Between

The Council of Ministers of Bosnia and Herzegovina

And

The Council of Ministers of Serbia and Montenegro

On the Return of Refugees from Bosnia and Herzegovina

And Serbia and Montenegro

The Council of Ministers of Bosnia and Herzegovina and the Council of Ministers of Serbia and Montenegro (hereinafter referred to as: the Contracting Parties),

Recognising the need to improve mutual relations between the Contracting Parties and to realise fundamental principles referred to in the Agreement Relating to the Establishment of the Inter-State Council for Co-operation Between Bosnia and Herzegovina and the State Union of Serbia and Montenegro,

Motivated with desire to develop friendly and neighbourly relations as well as co-operation on an equal footing,

Considering the fact that many refugees from one Contracting Party still temporarily reside on the territory of another Contracting Party,

Endeavouring in the spirit of solidarity and based on reciprocity to facilitate and assist the return of refugees, who temporarily reside on the territory of another Contracting Party,

Have agreed as follows:

Article 1

The Contracting Parties have agreed that this Agreement shall, in accordance with rules of international law and in order to fully inform returnees, arrange conditions and procedures for voluntary, organised and mutually harmonised return of refugees from Bosnia and Herzegovina who temporarily reside in the territory of Serbia and Montenegro, as well as of refugees from Serbia and Montenegro who temporarily reside in the territory of Bosnia and Herzegovina.

Article 2

The Contracting Parties are obliged to provide safety and protection without discrimination to all refugees who have opted for return, regardless of the method of their return, in accordance with the highest international standards relating to protection of human rights and freedoms.

Article 3

The Contracting Parties have agreed that the return shall proceed pursuant to the Protocol on implementation of this Agreement, which shall be concluded by the Contracting Parties on the day of signing the Agreement.

Article 4

The Contracting Parties shall jointly determine and harmonise their plans for voluntary, organised and mutually harmonised return.

Each Contracting Party shall to the extent of their abilities assist the return of refugees to the territory of another Contracting Party.

Based on their harmonised plans, the Contracting Parties shall call upon international organisations and donors to finance their joint projects relating to voluntary, organised and mutually harmonised return.

The Contracting Parties are obliged to endeavour to exempt from fees, taxes and other duties, donations referred to in paragraph 3 of this Article, until they reach their final beneficiary in accordance with legislation of the Contracting Parties.

Article 5

The Contracting Parties have agreed to mutually exchange information relevant for the implementation of this Agreement, which shall be further regulated by the Protocol referred to in Article 3 of this Agreement.

Article 6

When exchanging the information in the course of the implementation of this Agreement, those data shall be gathered, processed and protected in accordance with national legislation of both Contracting Parties and the European Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS 108).

Particular consideration shall be taken of the following principles:

- the Contracting Party-receiver shall use delivered data only for the stated purpose and on the agreed conditions;

- the Contracting Party-receiver shall notify the Contracting Party-sender on use of the forwarded information;

- the Contracting Party-sender shall ensure that data are correct and that they are used for the purpose for which they have been forwarded. Lawful restrictions relating to delivery of information shall be respected. In case that forwarded information is inaccurate or is unlawfully forwarded, the Contracting Party-receiver shall be immediately notified and shall either correct or destroy those data.

Article 7

The authorities competent for the implementation of this Agreement are as follows:

a) for Serbia and Montenegro

- the Ministry for Human and Minority Rights of Serbia and Montenegro,

- the Office of the Commissioner for Refugees of the Republic of Serbia,

- the Office of the Commissioner for Displaced Persons of the Republic of Montenegro,

b) for Bosnia and Herzegovina

- the Ministry for Human Rights and Refugees of Bosnia and Herzegovina.

Article 8

For the purpose of following up the implementation of this Agreement, the Contracting Parties shall establish a Working Group as a consulting body, which shall give recommendations to the Contracting Parties for elimination of certain difficulties arisen during the implementation of the Agreement, as well as initiate adequate measures for improving the co-operation between the Contracting Parties.

The Working Group shall consist of an equal number of representatives of the competent authorities of the Contracting Parties.

The Working Group shall be convened at least once a year and, if so necessary, at the request of any Contracting Party.

The Working Group shall issue the book of rules and regulations relating to their work.

Article 9

The Contracting Parties agree that they shall, besides the issue of voluntary, organised and mutually harmonised return, also co-operate other issues related to durable solutions for refugees in the place of their return.

Article 10

The Contracting Parties shall co-operate in harmonisation of legal solutions stipulated by their legislation, which are relevant for the return or re-integration of refugees into the territory of these two Contracting Parties.

Article 11

This Agreement shall be without prejudice to the application of the Convention Relating to the Status of Refugees dated 28 July 1951 and the Protocol Relating to the Status of Refugees dated 31 January 1967, as well as to obligations of the Contracting Parties under any other international treaty.

Article 12

This Agreement shall be concluded for an indefinite period and shall enter into force on the first day of the following month after receiving the last notification via diplomatic channels used by the Contracting Parties for notifying each other that all conditions prescribed by their national legislation for its entering into force have been fulfilled.

Each Contracting Party may, fully or partially, suspend the application of this Agreement on a temporary basis for justified reasons relating to the protection of public peace and order, national security and health protection of their population.

A temporary suspension shall enter into force thirty days after the Contracting Party which has called for the temporary suspension has, through diplomatic channels, notified another Contracting Party.

Article 13

In case competent authorities or any other relevant matters are changed, the Contracting Parties are obligated to notify another Contracting Party of those changes.

Made in Belgrade on 6 October 2003 in two originals, one in the official language of Serbia and Montenegro – Serbian language, and one in the official languages of Bosnia and Herzegovina – Bosnian, Croatian and Serbian language, all of them being equally authentic.

For the Council of Ministers of For the Council of Ministers of

Bosnia and Herzegovina Serbia and Montenegro

…………………………………. ………………………………….

Mirsad Kebo, Minister for Human Rights Rasim Ljajić, Minister for Human and

of Bosnia and Herzegovina Minority Rights of Serbia and Montenegro

PROTOCOL

Between

The Council of Ministers of Bosnia and Herzegovina

And

The Council of Ministers of Serbia and Montenegro

On the Return of Refugees from Bosnia and Herzegovina

And Serbia and Montenegro

Based on Article 3 of the Agreement on the Return of Refugees from Bosnia and Herzegovina and Serbia and Montenegro concluded between the Council of Ministers of Bosnia and Herzegovina and the Council of Ministers of Serbia and Montenegro on 6 October 2003, the Council of Ministers of Bosnia and Herzegovina and the Council of Ministers of Serbia and Montenegro (hereinafter referred to as: the Contracting Parties)

Have agreed as follows:

Article 1

The Contracting Parties have agreed that the return of refugees from Bosnia and Herzegovina and Serbia and Montenegro (hereinafter referred to as: refugees) shall proceed pursuant to the procedures determined in this Protocol and in accordance with positive legislation of the Contracting Parties.

Article 2

Refugees who live on the territory of the Contracting Parties may apply for the return by submitting a valid return application form of any Contracting Party or any other form previously used for applying for the return, providing that information based on which their voluntary repatriation can be realised is contained therein.

In special cases, a person may apply for the return by submitting a certified written statement on the intended return, on a plain typewriting piece of paper.

Applications may be submitted in person, through a legal proxy or by mail.

Article 3

The Contracting Parties shall exchange the form referred to in Article 2 paragraph 1 within 15 days as of the date of signing the Agreement and this Protocol.

Article 4

Applications for the return shall be submitted to the competent authority in the place of the return of refugees or to diplomatic and consular representations on the territory of the host Contracting Party.

The Contracting Parties shall notify each other in writing of the intended return of individuals or groups of refugees.

Article 5

For the return announcement purposes, the Contracting Parties have agreed to ensure that the return announcement contains the data relevant for the return, as follows:

- first and last name, date and place of birth, gender, citizenship and other data relating to the person who have applied for the return,

- type, number, expiry date, date and place of issuance of the identification document used at the time of applying for the return,

- information relating to his/her travel document,

- information relating to family household members who are returning together with the principal applicant and who have applied for the return,

- information relating to permanent-temporary residence of the person who have applied for the return in Serbia and Montenegro i.e. in Bosnia and Herzegovina,

- information relating to type (house or apartment) and status of the property of the person who have applied for the return,

- other available information relevant for the return.

Article 6

Competent authorities of the Contracting Party to whom the notification of the intended return has been submitted shall verify the conditions for re-admission of refugees.

The verification shall imply collecting the information about the type and the condition of the property where the individual or group of refugees wishes to return and shall contain the information about the occupancy of the housing unit, damage assessment of the housing unit, ownership status of the housing unit and the funds needed to reconstruct the housing unit.

The deadline for verifying the information about the return possibility referred to in Article 4 paragraph 2 of this Protocol is 30 days as of the date of receiving the notification of the intended return.

Article 7

If, for return purposes, the request for issuing a passport or another travel document is submitted, one Contracting Party may notify another Contracting Party of the intended return through the competent diplomatic representation, while in other cases through the authorities responsible for the implementation of the Agreement and this Protocol.

In cases referred to in paragraph 1 of this Article, the responsible diplomatic representation shall without any delay issue a passport or another travel document the validity of which has been prescribed by the laws of the Contracting Parties relating to travel documents.

Following the issuance of a travel document, the competent authorities referred to in Article 9 of this Protocol, should be notified of the date when the return shall be realised seven days before commencing the return.

If the return is not realised within the period of the validity of a travel document, a new travel document shall be issued within 14 working days, which shall contain a new expiry date prescribed by the laws of the Contracting Parties relating to travel documents.

Article 8

Besides the date of the return commencement, the notification referred to in Article 7 paragraph 3 should also contain the information relating to persons who are already in the process of the return as follows:

- first and last name,

- parents’ names,

- date and place of birth,

- address of the last permanent residence,

- date, time and place of crossing the border.

Article 9

1. The relevant authorities of Serbia and Montenegro responsible for the implementation of the Agreement and the Protocol are as follows:

a) For submitting requests for issuing a passport or another travel document to the Embassy of Bosnia and Herzegovina in Serbia and Montenegro and for notifying the responsible authorities of Bosnia and Herzegovina of the intended return:

Ministry of Foreign Affairs of Serbia and Montenegro

Ulica Kneza Miloša 26, 11000 Belgrade

Telephone: + 381 11 361 56 66, 361 63 33; Fax: + 381 11 361 83 66

Ministry for Human and Minority Rights of Serbia and Montenegro

Bulevar Mihajla Pupina 2, 11000 Belgrade

Telephone: + 381 11 311 34 32; Fax: + 381 11 311 29 16

b) For receiving the notification of the date of realizing the return from the competent authorities of Bosnia and Herzegovina:

Ministry for Human and Minority Rights of Serbia and Montenegro

Bulevar Mihajla Pupina 2, 11000 Belgrade

Telephone: + 381 11 311 34 32; Fax: + 381 11 311 29 16

The Office of the Commissioner for Refugees of the Republic of Serbia

Ulica Carice Milice 2, 11000 Belgrade

Telephone: + 381 11 361 44 50; Fax: + 381 11 63 11 20

The Office of the Commissioner for Displaced Persons of the Republic of Montenegro

P.C. Kruševac B, 81000 Podgorica

Telephone: + 381 81 23 46 85; Fax: + 381 81 23 46 87

c) For issuing passports and other travel documents and receiving relevant requests from the competent authorities of Bosnia and Herzegovina:

The Embassy of Serbia and Montenegro in Bosnia and Herzegovina

Ulica Obala Maka Dizdara, 71000 Sarajevo

Telephone: + 387 33 26 00 90, 26 00 80; Fax: + 387 33 22 14 69

1. The relevant authorities of Bosnia and Herzegovina responsible for the implementation of the Agreement and the Protocol are as follows:

a) For submitting requests for issuing a passport or other travel document to the Embassy of Serbia and Montenegro in Bosnia and Herzegovina and for notifying the responsible authorities of Serbia and Montenegro of the intended return:

Ministry for Human Rights and Refugees

Trg Bosne i Hercegovine 1, 71000 Sarajevo

Telephone: + 387 33 47 16 30, 66 70 61; Fax: + 387 33 20 61 40

Ministry for Foreign Affairs of Bosnia and Herzegovina

Ulica Musala 2, 71000 Sarajevo

Telephone: + 387 33 28 11 00; Fax: + 387 33 47 21 88

b) For receiving the notification of the date of realizing the return from the competent authorities of Serbia and Montenegro:

Ministry for Human Rights and Refugees

Trg Bosne i Hercegovine 1, 71000 Sarajevo

Telephone: + 387 33 47 16 30, 66 70 61; Fax: + 387 33 20 61 40

c) For issuing passports and other travel documents and receiving relevant requests from the competent authorities of Serbia and Montenegro:

The Embassy of Bosnia and Herzegovina in Serbia and Montenegro

Ulica Milana Tankosića 8, 11000 Belgrade

Telephone: + 381 11 32 91 277; Fax: + 381 11 76 65 07

Article 10

All disputes arisen from the implementation of this Protocol shall be settled by the competent authorities of Serbia and Montenegro and Bosnia and Herzegovina.

Article 11

This Protocol shall enter into force concurrently with the Agreement.

Article 12

This Protocol shall be valid for as long as the Agreement is valid.

For the Council of Ministers of For the Council of Ministers of

Bosnia and Herzegovina Serbia and Montenegro

…………………………………. ………………………………….

Mirsad Kebo, Minister for Human Rights Rasim Ljajić, Minister for Human and

of Bosnia and Herzegovina Minority Rights of Serbia and Montenegro

JOINT STATEMENT

IN CONNECTION WITH SIGNING THE AGREEMENT

BETWEEN THE COUNCIL OF MINISTERS OF SERBIA AND MONTENEGRO

AND THE COUNCIL OF MINISTERS OF BOSNIA AND HERZEGOVINA

ON THE RETURN OF REFUGEES

FROM SERBIA AND MONTENEGRO AND BOSNIA AND HERZEGOVINA

Recognising the need to improve mutual relations between Serbia and Montenegro and Bosnia and Herzegovina, motivated with desire to develop friendly and neighbourly relations, considering the fact that many refugees still temporarily reside on the territory of Serbia and Montenegro and Bosnia and Herzegovina, endeavouring in the spirit of solidarity and based on reciprocity to facilitate and assist the return of refugees,

We, the Contracting Parties, the Council of Ministers of Serbia and Montenegro and the Council of Ministers of Bosnia and Herzegovina are hereby signing the Agreement on the Return of Refugees from Serbia and Montenegro and Bosnia and Herzegovina.

In accordance with the rules of international law we shall arrange conditions and procedures for voluntary, organised and mutually harmonised return of refugees from Bosnia and Herzegovina who temporarily reside in the territory of Serbia and Montenegro, and vice versa.

We assume the obligation to provide safety and protection without discrimination in accordance with the highest international standards relating to protection of human rights and freedoms.

The Council of Ministers of Serbia and Montenegro and the Council of Ministers of Bosnia and Herzegovina highly appreciate the input provided by the United Nations High Commissioner for Refugees in protecting, accommodating and identifying solutions for destinies of refugees.

We hereby express our deepest hope that UNHCR shall, with the support of the entire international community and humanitarian organisations, substantially acknowledge this Agreement and goals proclaimed therein, as well as continue to provide assistance to refugees accommodated in those territories, in the sense of identifying durable solutions for refugee problems.

For the Council of Ministers of For the Council of Ministers of

Serbia and Montenegro Bosnia and Herzegovina

…………………………………. ………………………………….

Rasim Ljajić, Minister for Human and Mirsad Kebo, Minister for Human Rights Minority Rights of Serbia and Montenegro of Bosnia and Herzegovina