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Accession of Bosnia and Herzegovina to the Council of Europe: Progress Review # 12, Nov 2, 2000

 
2/11/2000
 

Accession of Bosnia and Herzegovina to the Council of Europe: Progress Review # 12

Accession Requirement Status

Un-
Satisfied		 Partially
Satisfied		 Satisfied Legislation
imposed by
OHR
#3 Human Rights Institutions




Commitment to adequate funding of the Human Rights Chamber, Ombudsperson and Commission for Displaced Persons and Refugees BIH X


Full compliance with decisions of the Human Rights Chamber and recommendations of the Ombudsperson BiH

X
Fed
X

RS
X

Establishment of a working group with OHR and Council of Europe for restructuring human rights protection mechanisms in accordance with recommendations of the Venice Commission Fed
X

RS
X

Passage of legislation on the Ombudsmen recommended by the Venice Commission and guaranteeing their continuing independence Fed
X

Establishment of the Ombudsmen as a multi-ethnic institution RS
X

#4 Judicial System




Adoption of the laws to establish independent selection procedures for judges and prosecutors and priority to adequate judicial salaries Fed

X X
RS

X
#5 Constitutional Court




Commitment to adequate funding of the Constitutional Court in a manner which sustains its independence and implementation of its decisions BiH X


#6 Compliance with the European Convention on Human Rights




Adoption of Immigration and Asylum Law BiH

X
Adoption of Law on Associations and Foundations respecting independence of Non-Governmental Organisations BiH
X

Fed
X

RS
X

Establishment of groups to examine compatibility of legislation with ECHR, and regular consultation with OHR and CoE on legislative initiatives Fed
X

RS
X

Legislation on Conscientious Objection and Alternative Service Fed X


RS X


Revised Law on Internal Affairs RS X


Revised Law on Citizenship BiH

X X1
Fed X


RS

X
Adoption of the Criminal Code and Code of Criminal Procedure RS
X

#7 ICTY




Full Cooperation with the ICTY Fed X


RS X


#9 Property Laws (Return of Refugees and Displaced Persons)




Full co-operation and compliance with Annex 7 on Refugees and Displaced Persons of the Dayton Peace Agreement in the Implementation of the property laws Fed X


RS X


Revised laws to guarantee the right to return of individuals whose apartments have been permanently reallocated to another person Fed

X X
RS

X X
Revised Law on Housing Relations Fed

X X
RS

X X
Establishment of a mechanism to ensure access to and recognition of personal documents Fed X


RS X


Full implementation of the Decisions of the Human Rights Chamber concerning former Yugoslav National Army (JNA) apartments Fed
X

Establishment of an effective property claims process RS
X

#11 Education




Substantial progress in the amendment of textbooks, including withdrawal of all offensive materials by beginning of 1999/2000 school year Fed
X

RS X


Review of the education system in order to eradicate all aspects of ethnic segregation Fed X


RS X



Total Human rights accession-related requirements 40 15 15 10 62
  1. As opposed to other imposed legislation, the State Law on Citizenship was subsequently adopted by both Chambers of the BiH Parliamentary Assembly.
  2. Of nine satisfied CoE accession tasks requiring adoption of legislation (that excludes the task under Heading 3 the full compliance with decisions of the human rights chamber, Ombudsperson and Commission for Displaced persons and Refugees by the State authorities) only three - the BiH Law on Immigration and Asylum, the BiH Revised Law on Citizenship and The [RS] Laws to Establish Independent Selection Procedures for Judges and Prosecutors and Priority to Adequate Judicial Salaries - were adopted by relevant governmental bodies. The other five were imposed. Out of the six laws imposed, only one, the State Law on Citizenship, was subsequently passed by the BiH Parliamentary Assembly.

Return to Accession of BiH to the CoE Progress Review # 12

OHR Human Rights/ Rule of Law Department