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. i DEDICATION This thesis is in loving memory of my grandfather and first mentor in history, James Andresen (1932-2011). ii 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 iii 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. iv 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 v 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 vi 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 vii 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) viii 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) ix