Stealing Mostar The Role of Criminal Networks in the Ethnic Cleansing of Property by Arthur ...

211 Pages·2013·2.87 MB·English

by  Arthur Pignotti

Stealing Mostar
The Role of Criminal Networks in the
Ethnic Cleansing of Property
by
Arthur Pignotti

A Thesis Presented in Partial Fulfillment
of the Requirements for the Degree
Master of Arts

Approved March 2013 by the
Graduate Supervisory Committee:

Stephen Batalden, Chair
Mark Von Hagen
Anna Holian

ARIZONA STATE UNIVERSITY

May 2013
ABSTRACT

Ethno-nationalist politicians and criminals in Mostar espoused a discourse of
ethno-exclusionist sociocultural relations as a superstructure for the public in order to
establish ethnocratic kleptocracies where they concealed their criminal colonization of
residential and commercial property through manipulating the pre-Bosnian War discourse
on property relations. This is not to argue that some or most of these politicians and
criminals did not believe in their virulent nationalist rhetoric, but instead that the effects
of the discourse created well-used pathways to personal, not community, wealth.
Elites used the Yugoslav economic crisis and perceived past grievance to enflame
growing tensions between ethnicities and social classes. I use Mostar as an object of
analysis to examine the creation of Bosnian Croat and Bosniak ethnocratic regimes in this
divided city. However, I focus more on the Bosnian Croat regime in the city because it
envisioned Mostar as its capital, making the city the site of its political competition
among factions.
Even though ethno-nationalist politicians and criminals still hold a level of power
in Mostar, the IC did succeed in instituting a high level of property restitution, which
does not necessarily imply return, because the IC was able to impose rule of law when it
acted in an organized manner. Also, the ethnocratic regimes were weakened due to
regional economic and political factors that undercut the regimes' hold over the
population.
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DEDICATION

This thesis is in loving memory of my grandfather
and first mentor in history, James Andresen
(1932-2011).
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ACKNOWLEDGEMENTS

In finishing this thesis, I received significant support and guidance from numerous
scholars, friends, and institutions, for which I am extremely grateful. I was fortunate to
receive financial assistance for my research from the National Security Education
Program / Boren Fellowship and the Melikian Center to fund my nine-month stay. This
stay was integral to developing my ideas not just because I was able to conduct research,
but it allowed me the opportunity to talk and work with many people in Bosnia and
Herzegovina (BiH) who all gave me unique insights.
Many of my colleagues in BiH furthered my understanding of BiH and the former
Yugoslavia. I would like to thank Catholic Relief Services BiH and its staff, particularly
Jake Hershman and Sretan Čemalović, for the opportunity to learn and make a
contribution to the country. Jake was a wonderful mentor abroad and afforded me the
chance to use my internship at CRS to help develop my understanding of IDP return. I
also appreciated Sretan’s tremendous patience as I quizzed him about his native city on
our countless car rides between Sarajevo and Mostar. Mirela Hrnjić, Sandra Zlotrg, and
Mirzana Pašić were my wonderful guides in BiH, helping me understand the culture and
the society. Also, I would like to thank Mufti Seid Smajkić for his support in Mostar and
allowing me to abuse the time of his PR officer, Muhamed Velagić. Muhamed not only
helped with translation and establishing contacts, but our discussions about Mostar and
BiH were invaluable to developing my ideas and interpretations.
A number of professors and colleagues helped me through their direct comments
on my work, discussions on related themes, and advice on navigating BiH. In this regard,
I would particularly like to thank Dirk Hoerder, Rachel Fuchs, James Rush, and Gerard
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Toal. My committee played an important role in the development of my thinking, ideas,
and approaches that underlie my thesis. Mark von Hagen and Anna Holian always
provided me useful and unique advice that helped me develop different themes. My
committee chair, Stephen Batalden, guided me formally and informally since he inquired
of me if I had considered continuing my studies at a Master’s level. While subtly steering
me towards particular topics in the region, he gave significant latitude to develop my own
interests and ideas on these topics. He has served as the quintessential adviser,
recommending authors to explore and opportunities to develop in a professional capacity.
On a more personal note, I would like to thank Sana and Zlatko Šanšović. They
were wonderful hosts in Mostar who helped in a great time of need when I was stuck in
Mostar during a great snow storm without electricity or heat. I would like to thank my
family and especially my wife who continued to listen and ask questions to help me tease
out ideas. Their patience and support helped me persevere through the long hours.
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TABLE OF CONTENTS
CHAPTER Page
1 INTRODUCTION ............................................................................................................2
POST-WAR SCHOLARSHIP ON MOSTAR .....................................................6
ETHNIC CLEANSING: CONFLUENCE OF IDEOLOGY AND CRIME.......10
SOURCES AND ORGANIZATION .................................................................17
2 LAND ADMINISTRATION IN BIH FROM 1878 TO THE 1990S .............................20
LAND ADMINISTRATION UNDER THE OTTOMANS AND AUSTRO-
HUNGARIANS ............................................................................................21
THE KINGDOM OF YUGOSLAVIA: LAND REFORM ................................27
SFR YUGOSLAVIA: NATIONALIZATION TO PRIVATIZATION .............31
CONCLUSION ...................................................................................................46
3 FORGING AN IMAGINED BORDER..........................................................................52
THE DEVELOPMENT OF MOSTAR BEFORE THE BOSNIAN WAR ........54
CREATING THE GEO-BODY ..........................................................................59
WARTIME PROPERTY REGIMES .................................................................74
CONSOLIDATING THE CITY .........................................................................79
CONCLUSION ...................................................................................................96
4 MOSTAR AND PROPERTY RESTITUTION ..............................................................99
THE STRUCTURES OF PROPERTY RESTITUTION ..................................101
MINORITY RETURN IN MOSTAR ...............................................................115
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CHAPTER Page
PROPERTY RESTITUTION CASES IN MOSTAR .......................................132
EPILOGUE: IDPS AND HOUSING IN POST-PLIP BIH ..............................143
CHAPTER 5 CONCLUSION..........................................................................................152
REFERENCES ................................................................................................................163
APPENDIX A TIMELINE ..............................................................................................178
APPENDIX B LIST OF DOCUMENTATION ACCEPTED BY THE CRPC ..............182
APPENDIX C PLIP STATISTICS ON MOSTAR .........................................................187

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LIST OF ABBREVIATIONS
BiH – Bosnia and Herzegovina
CRPC – Commission for Real Property Claims of Refugees and Displaced Persons
EUAM – European Union Administration of Mostar
FBiH – Federation of Bosnia and Herzegovina
HDZ – Croatian Democratic Union (Hrvatska demokratska zajednica)
HOS – Croatian Defense Forces (Hrvatske obrambene snage)
HSP – Croatian Party of Rights (Hrvatska stanka prava)
HVIDR-a – Association of Croat War Invalids of the Home War (Udruga hrvatskih
vojnih invalida iz domovinskog rata)
HVO – Croatian Defense Council (Hrvatsko vijeće obrane)
Herceg-Bosna – Croatian Community of Herceg-Bosna (Hrvatska zajednica Herceg-
Bosna) / Croatian Republic of Herceg-Bosna (Hrvatska Republika Herceg-Bosna)
IC – International Community
ICTY – International Criminal Tribunal for the Former Yugoslavia
IDP – Internally Displaced Person
JNA – Yugoslav People’s Army (Jugoslovenska narodna armija)
KM – Convertible Mark (Konvertibilna Marka)
NDH – Independent State of Croatia (Nezavisna Država Hrvatska)
NHI – New Croatian Initiative (Nova hrvatska inicijativa)
OHR – Office of the High Representative for Bosnia and Herzegovina
OSCE – Organization for Security and Co-operation in Europe
OSEM – Office of the Special Envoy of Mostar
PHE – Public Housing Enterprise
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PLIP – Property Law Implementation Plan
OHR – Office of the High Representative in Bosnia and Herzegovina
RRTF – Reconstruction and Return Task Force
SDA – Party of Democratic Action (Stranka demokratska akcije)
SFOR – Stabilization Force
SFRY – Socialist Federal Republic of Yugoslavia
UDBa – State Security Administration (Uprava državne bezbednosti)
UDIVDR-a – Association of Volunteers and Veterans of the Homeland War (Udruga
dragovaoljaca i veteran Domovinskog rata)
UNHCR – United Nations High Commissioner for Refugees
USAID – US Agency for International Development
VRS – Army of Republika Srpska (Vojska Republike Srpske)
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MAP OF BOSNIA AND HERZEGOVINA

Figure 1: A Map of Bosnia and Herzegovina since the Dayton Peace Agreement (source:
Ezilion Maps, "Political Map of Bosnia Herzegovina"
www.ezilon.com/maps/europe/bosnia-maps.html)
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