Law on Missing Persons

The Law applies to persons who disappeared in the period from 30 April 1991 to 14 February 1996 as a consequence of the armed conflict that happened on the territory of the former Socialist Federal Republic of Yugoslavia. It provides that the families of missing and disappeared persons have the right to know their fate, place of residence or, if dead, the circumstances and cause of their death and the location of the burial site, as well as to receive their mortal remains. It also provides that all relevant authorities are obliged to provide families of the missing or disappeared and relevant institutions with the available information, and to give all necessary assistance to improve the tracing process and the process of resolving cases of disappearances. It further provides that the status of missing or disappeared person is terminated on the date of identification of the persons or of their mortal remains. Declaration of death without identification of the remains does not terminate the tracing process. It further provides for the duty of the relevant authorities to ensure that the rights of family members of missing or disappeared persons are realised on equal conditions, regardless of whether a missing or disappeared person had been a member of the armed forces or a civilian, and without any form of discrimination, including sex, race, skin colour, language, religion, political or other beliefs, national or social origin, inclusion in a national minority group, property status, age, mental or physical disability, status acquired by birth, or any other status. It also provides that family members who were supported by the missing or disappeared person are entitled to a monthly financial support. Such support shall be terminated when: a) minors complete their regular education or enter into marriage; b) the spouse enters into marriage; c) the beneficiary dies; d) the beneficiary finds employment; e) the beneficiary selects another more favourable right. It also provides that the cost of burials or funerals is borne by the competent authorities, and that family members of a missing or disappeared person are entitled to health insurance. With the purpose of realising such rights, it mandates the establishment of a Fund for Support to the Families of Missing Persons of Bosnia and Herzegovina. It also provides that families of the missing or disappeared or their associations may request that burial and exhumation places are marked, regardless of the number of victims they contain. To that aim, competent municipal authorities shall issue permission to allow the erection of a memorial plaque or the placement of another appropriate mark.