At the end of 2009, there were 113,642 internally displaced persons (IDPs) in Bosnia and Herzegovina (BiH). A substantial number of IDPs and returnees remain in a fragile situation, lacking dignified conditions and requiring support to obtain a durable solution, including some 7000 living in temporary collective accommodation.

These persons fall into three groups: (i) those who have returned but face obstacles to this being a sustainable solution; (ii) IDPs who may still return but are deterred by these same obstacles; and (iii) IDPs who cannot or choose not to return and require a solution in their place of displacement. Obstacles to sustainable return include the lack of access many returnees have to public utilities, livelihoods prospects, education and health insurance, all of which are compounded by the effects of discrimination. UNHCR undertakes systematic protection monitoring of IDPs and returnees and advocates on their behalf. UNHCR also provides assistance in the form of free legal aid, housing reconstruction, economic sustainability projects and small-scale humanitarian interventions.

There are approximately 7,000 refugees from Croatia in BiH. They continue to face significant obstacles to return, for example in the regulation of their civil status and documentation, as well as in accessing their rights, such as with respect to pensions. The most problematic issue remains the cancellation of occupancy/tenancy rights (OTR) which deprived refugees from Croatia of their pre-war housing, without the means to receive either restitution or compensation. After more than a decade in BiH, many refugees from Croatia have taken steps to locally integrate and it is believed that most have obtained BiH documents, though their citizenship has not been formally recognized by the authorities. Nevertheless they face obstacles to integration, including access to livelihoods and housing. UNHCR provides assistance with voluntary repatriation and local integration to refugees from Croatia and advocates on their behalf.

At the end of 2009, BiH had 185 recognised refugees, mostly from Serbia/Kosovo. UNHCR recognized the vast majority of them prior to 2004 when the government took over RSD. The Ministry of Security (MoS) has since recognized only eight refugees, none from Kosovo. Refugees face obstacles in accessing rights in BiH and locally integrating. UNHCR works to improve access to rights through the development and implementation of bylaws, advocacy, strategic litigation and specific projects with national NGOs.

At the end of 2009, there were 368 asylum seekers in BiH. The MoS has thus far rejected all asylum seekers from Kosovo, as the government finds the situation in Kosovo generally conducive for return. When temporary admission (TA) status ended for individuals from Kosovo, the office reviewed asylum claims. In line with UNHCR’s guidelines on the international protection needs of individuals from Kosovo, UNHCR has resettled 275 refugees/former TA status holders to Canada and Australia during the last three years. The vast majority of this group are Roma from Kosovo.

The number of stateless persons is unknown, due to the lack of an effective mechanism to determine statelessness. De facto statelessness is prevalent in BiH, particularly amongst Roma which could be as high as 100,000. An essential problem is that many Roma are unregistered in the basic registers of birth and consequently not registered as citizens. UNHCR has worked closely with the authorities to ensure that the main principles of prevention and reduction of statelessness have been incorporated into the legal framework. However, there remain laws and regulations which are not compatible and do not take these principles into account. UNHCR, with funding from the EU, Swiss Government and Principality of Lichtenstein, has continued to assist in the civil registration of Roma, helping them to obtain birth certificates, national identity cards and other documents. This has led to the successful resolution of 776 cases, including 306 birth registrations and 1,489 other documents, some obtained from other countries. Furthermore in 2009, UNHCR began to undertake follow-up activities with newly registered Roma, to improve their access to basic rights.