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As Bosnia and Herzegovina is in the midst of a
reconciliation process, its population faces numerous obstacles in promoting the
reintegration of society. Discrimination is widespread, particularly against the
following groups: members of the minority ethnic groups, particularly,
returnees; individuals who belong to the majority groups and who have returned;
opposition party members; women; and union members. Discrimination is
experienced in many fields essential to the re-establishment of normalized
living conditions, including gaining access social and economic rights such as
employment, pensions, identity cards and utilities such as water, gas,
electricity, and telephone. There is also discrimination in the process of
privatization.
The OHR believes that ensuring securing socio-economic rights is a crucial
step towards the successful return of refugees and displaced people and the
sustainability of a multi-cultural society more generally. In the past years we
have seen a limited but present trend towards minority and majority returns from
abroad. In order to maintain stability, these individuals must have an equal
access to social and economic resources in terms of actual employment, pensions,
and privatisation. The establishment of the working state requires equal
availability of identity cards, telephones, gas, electricity and other utilities
to each individual. All the above issues are currently being approached through
the joint efforts of the OHR, OSCE, UNOHCHR, UNHCR, and local authorities in
order to create policies that are conceptually sound and possible to
implement.
- The development of an anti-discrimination policy in employment, in
conjunction with other agencies including OSCE and UNHCR, represents one of
the department's priorities for the year 2000. This issue impacts a
significant number of people and it is expected to become even more important
with an increasing number of minority returns. Some of the most important
elements of the policy are educational campaigns and inspections of companies'
labour procedures.
- The Human Rights/ Rule of Law department chairs an informal working group
on Pensions which meets to discuss and suggest potential human rights impacts
of policy and laws developed in this area. This department is particularly
concerned with the development of policy which would enable every pensioner
who paid contributions to funds receive his/her pension at the their current
address.
- Equal access to utilities is another OHR priority. Both minority and
majority returnees are severely impacted by this problem, frequently facing
discrimination. In July 1999, the High Representative issued a decision on PTT
reconnections whose implementation is monitored by the OHR, UNHCR, OSCE and
local NGOs. Currently, these organisations are also developing ways of
ensuring non-discriminatory access to other utilities like water and
electricity.
- The program on economic and social rights is also monitoring developments
in the Privatisation process. Human Rights interest stems from a concern about
the distribution of state assets in a manner that is non-discriminatory. More
specifically, the branch has monitored the access of displaced persons and
refugees to the privatisation processes in both entities, employment
consequences of company sales, and property issues related to the pre-war
partial privatisation process named after the Prime Minister at the time, Ante
Markovic.
Ensuring the fulfilment economic and social rights through
the development and implementation of several anti-discrimination policies is
one of the priorities of the Human Rights/Rule of Law department. Providing
individuals with their rights is one of the most important guarantees of
security of sustainability of peace process. In addition, the OHR puts much of
its emphasis on adequate legal reform. Having those tools available will enable
each individual to use the local court system as a long term path of securing
one's rights.
OHR Human Rights/ Rule of Law Department, May 2000
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