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The Human Rights Co-ordination Centre was tasked by the Human
Rights Steering Board to draft an assessment on the progress to date of Bosnia
and Herzegovina towards meeting the accession requirements identified by the
Council of Europe in May 1999. In this report the HRCC tracks progress on those
requirements pertaining to human rights. The report is intended to provide
factual updates but does not intend to provide an opinion on whether or when BiH
should accede to the CoE.
Please note that the Council of Europe now distinguishes
between the legislation passed by the local authorities and the legislation
imposed by the Office of the High Representative, which was not the case in the
assessment papers issued before July 28, 2000.
Please contact HRCC if you would like copies of past
reports. Please send information/comments to Eleanor Gordon (fax -
387-33-283-501 or email - Eleanor.Gordon@ohr.int) or to Elisabeth da
Costa (email - ElisabethC@oscebih.org)
UNHCR has contributed to, reviewed, and
approved sections directly relevant to its mandate. The sections are noted by an
asterix (*) in the text
The "¨
" symbol in the text indicates issues where changes have taken place since
the last progress review.
1. In Perspective
This section is intended to provide information
on the latest developments that relates to the human rights situation in BiH.
The issues mentioned in this part of the report are not part of
the original list of requirements set by the Council of Europe in May
1999.
- Election Law - On 12 April, the Council of Ministers (CoM) adopted
the Draft Election Law and subsequently passed it on to the BiH Parliamentary
Assembly. On 17 May, the BiH House of Representatives (HoR) agreed to discuss
the Draft Election Law under urgent procedure. At that same session, HDZ
introduced its own Draft Election Law into the parliamentary procedure, and
the House decided to deal with this Draft under urgent procedure as well. This
means that two Draft Election Laws ([1] the Draft adopted by CoM,
-which is a slightly amended version of the OSCE Draft prepared by a mixed
expert group- and [2] the HDZ law) will be discussed in parallel. CoE
Political Rapporteur Laszlo Surjan, who addressed the Parliamentarians during
their session on 17 May, passed a clear message to the BiH Parliamentary
Assembly, saying they would have to adopt the Election Law latest 22
June as a clear indication that BiH is ready -both in terms of willingness
and ability- to join the Council of Europe in 2001.The debate in Parliament
promises to be intense since there is, as yet, no political consensus on the
Election Law, with some parties claiming that the Draft Law, although fully in
line with the BiH Constitution, contains some discriminatory passages that may
be in conflict with the European Convention on Human Rights. Meanwhile the
process of constitutional reform at Entity level (in order to harmonise Entity
Constitutions with the Constitutional Court's decision on the constituent
peoples of BiH) is ongoing. As soon as this process is finalised, the results
will have to be incorporated into the Election Law (which, for the time being,
contains three 'empty spaces').
- Government - In March, Bosnia and Herzegovina saw the
establishment of authority on all levels. On March 12, nearly four months
after the elections, FBiH got its first government comprising
representatives from parties that are reform-oriented and were not in power
during the war, led by Social-Democratic Party (SDP) member Alija Behmen. On
March 20th, the BiH Parliament House of Peoples was constituted with
Ilija Simic of the Croat Peasant Party (HSS) as Chairman and Sejfudin Tokic
(SDP) and Nikola Spiric of the Party of Democratic Progress (PDP) as his
deputies. On May 23, after the resumption of its third session, the BiH
Parliamentary House of Peoples passed, using emergency procedure, 11 of the 16
laws imposed earlier by the High Representative in BiH. Delegates from the
Republika Srpska blocked five of the imposed laws, including the Draft Law on
the Court of BiH. The BiH Parliament also elected the new Croat and Bosniak
members of the BiH Presidency: Beriz Belkic (Bosniak, Party for BiH)
and Jozo Krizanovic (Croat, SDP) will join the last remaining member of the
old Presidency, Zivko Radisic (Serb, Socialist Party of RS) in the joint
leadership of the country. Their election had become necessary due to the
resignation of Alija Izetbegovic last October and the dismissal of Ante
Jelavic by the High Representative. On April 2nd the BiH Presidency held its
first meeting agreeing that their top priority will be the strengthening of
the state institutions.
- Croat Self-Rule The reporting period was also marked by the
unconstitutional and illegal activities of leadership if the Croat
Democratic Union (HDZ) and the Croat National Assembly (HNS). On 03 March
2001, the Croat National Assembly (HNS) unanimously decided to create an
interim Croat Self-Rule in BiH. Thereafter, HNS officials instructed Croats
and their legally elected representatives to reject the newly-elected
Federation Government. Subsequently, on 07 March 2001, the High Representative
removed Ante Jelavic as a member of the BiH Presidency and as President
of the HDZ, together with three of the other most senior HDZ members: Ivo
Andric Luzanski, Marko Tokic and Zdravko Batinic. As part of the ongoing
dispute, a number of HDZ officials left their post in the Federation, taking
sides with the HNS. The Federation authorities dismissed a number of disloyal
Croat officials, including Filip Andric from the Federation Customs
Administration and a number of senior officers of the Croat component of the
Federation Army. On April 3rd Herzegovina-Neretva Canton Interior Minister
Dragan Mandic and 19 other Croat officials in the ministry declared they no
longer acknowledged the authority of Federation Interior Ministry. On April
6th, the High Representative appointed an auditor, Toby Robinson, as
Provisional Administrator for the Hercegovacka Banka in
Mostar. The OHR was in possession of well-founded information that
public funds were disappearing from the Bank. The attempt of OHR, SFOR and
Robinson to take control of the Bank in Mostar and other towns in BiH on the
same day was met with organised violence from Croat extremists. On April 18th,
OHR and SFOR re-entered the headquarters of Hercegovacka Banka in Mostar,
retrieving the remainder of documents required by the Provisional
Administrator. There was no opposition to the second operation, which was
carried out with enhanced security. The recent HDZ actions resulted in the
High Representative's April 26/27 passing of five
Decisions creating a framework for the establishment of law and order
across the Federation. The High Representative removed Dragan Mandic from his
post as Herzegovina-Neretva Canton Interior Minister, suspended three other
officials from the Ministry and transferred the investigation, prosecution and
trials of incidents of violence and intimidation during the past month to the
Cantonal Prosecutor and Court of Sarajevo.
- Minority-Related Violence - A significant breakthrough was the long
overdue issuance of an urban permit for the reconstruction of Banja Luka's
Ferhadija Mosque on March 24, by RS authorities. The Human Rights Chamber
had requested RS authorities to issue all necessary permits in its June 1999
ruling. The Ferhadija Mosque was completely destroyed by Bosnian Serb forces
in 1993. On May 7, the ceremony to mark the commencement of reconstruction
was violently disrupted by several thousand people. This was the second
time in three days that small groups of extremists have managed to disrupt
ceremonies marking the beginning of the reconstruction of mosques in the RS:
three days early a similar incident happened in Trbinje. These
incidents sparked off a number of minority-related security incidents
throughout BiH. On 15 May 2001, the RS Government announced resignations
and dismissals of senior officials in Republika Srpska in connection with the
Trebinje and Banka Luka riots. They include the RS interior minister, Perica
Bundalo, deputy RS interior minister Brano Pecanac, the RS security chief,
Dobrislav Planojevic, and the Head of the Banja Luka Public Security Centre,
Vladimir Tutus.
2. Highlights of the Reporting Period
- The establishment of a mechanism to ensure access to and
recognition of personal documents was upgraded from "unsatisfied" to
"partially satisfied" due to the adoption of the draft BiH Law on
Recognition of Public Documents by the Council of Ministers (CoM) and,
thereafter, by the BiH House of Peoples (HoP) on May 16. However, the process
before final adoption is still lengthy and the political will needs to be
sustained. Page 15
- Compliance with ECHR - The Draft BiH Law on
Associations and Foundations was adopted by the CoM and, thereafter, the
House of Representatives (HoR) on April 13, 2001. Page 10
- Human Rights Institutions - The three governments of
BiH signed the Agreement drafted by OHR regarding the transfer provisions in
Annexes 6 and 7 of the General Framework Agreement for Peace. Page
6
- Education - Following the formation of new Entity
governments, regular meetings of the Conference of Entity Ministers of
Education could be resumed in April 2001. The new Ministers, especially on the
Federation side, signalled their unequivocal will to promote progress towards
multiethnic and quality education in both Entities. Page
19
- ICTY - Since March 2001, RS Prosecutors began to
submit case files of alleged war crimes to the Rules of the Road Unit in The
Hague for review, under the 1996 Rome Agreement. Despite this progress,
overall co-operation of RS authorities with the ICTY remains very poor.
Page 13
3. Human Rights Institutions
BiH
- Commitment to adequate Funding of the Human Rights
Chamber, Ombudsperson and Commission for Displaced Persons and
Refugees
Not Satisfied. The Council of Ministers of
BiH proposed in October 1999 (for the first time) that the funding levels for
the Institutions established in Annex 6 and 7 be raised from 200,000 to the
level of 600.000 KM. The year 2000 budget provided for 400.000 KM per
institution, which remains below 600.000 KM, deemed to be "adequate funding".
Note that the latter sum is less than each Institution pays for nationals
salaries at BiH salary levels.
By 3 March 2000, the State government had
completed outstanding payments towards the total funding committed for 1999 to
the Human Rights Chamber, the CRPC, and the BiH Ombudsman. The total amounts are
still below KM 600,000 per institution, but do at least fulfil the amount of
200.000 KM per institution, which the state itself budgeted for 1999.
The three institutions received 250.000 KM of the
400.000 KM required by the year 2000 budget.
The 2001 draft budget now provides for a projected
amount of 100.000 KM each for the CRPC and the Human Rights Chamber, while
400.000 KM is allocated for the BiH Ombudsman. These amounts are unacceptably
low, and do not meet the "adequate" amount required. ¨
To date the State has not paid these amounts.
BiH, FBiH and RS
- Full compliance with decisions of the Human Rights
Chamber and recommendations of the Ombudsperson
¨ Compliance with the decisions and reports of the Annex 6 Institutions is
now at 73%.
Compliance with Human Rights Chamber
Decisions:
| |
Implemented |
Not implemented |
Other |
|
| Federation |
134 (91 %) |
13 (9 %) |
18 |
91 % |
| RS |
44 (73 %) |
16 (27 %) |
37 |
73 % |
| Total |
178 (85,7 %) |
29 (14.3 %) |
55 |
86 % |
Compliance with BiH Ombudsman
Decisions:
| |
Implemented |
Not implemented |
Other |
|
| Federation |
248 (70.5 %) |
104 (29.5 %) |
348 |
71 % |
| RS |
61 (57.0 %) |
46 (42.9 %) |
264 |
57 % |
| Total |
309 (67.3 %) |
150 (32.6 %) |
612 |
67 % |
| |
Implemented |
Not implemented |
Other |
|
| Overall |
487 |
189 |
667 |
73 % |
Note that the term "Other" refers to cases in
which (1) the deadline has not yet expired, (2) cases in which all parties to
the case deem the case "resolved" although the order or recommendation of the
Chamber / Ombudsman was not implemented or (3) cases in which almost all of the
requirements for compliance have been implemented, ¨ or
(4) in the Ombudsmans cases, cases that are still not public for various
reasons.
The Entities have not demonstrated an ability to
provide any reliable assurance that the many thousands of remaining property
repossession cases (see graph above) can be resolved within a reasonable time,
and certainly not within the time limits established by law. BiH is therefore
not currently in a position to be able to prevent future violations of
the Convention, which is fundamental to the European Court of Human Rights
system. Regarding this criteria, BiH would be unable to satisfy this compliance
requirement used by the Committee of Ministers, as many thousands of cases
involving "possessions" (which comprise over 70% of the claims brought to the
BiH Human Rights Ombudsman and the Chamber) are not resolved. About twenty
percent of applicants to domestic housing bodies have been able to repossess
their house or apartment. Until this percentage increases significantly, under
Human Rights Chamber / Strasbourg jurisprudence, large numbers of
admissible applications could reach the European Court of Human Rights
upon BiH accession under the "continuing violation" principle.

BiH
Satisfied. The State (as opposed to the
Entities) has been found to be in violation of the European Convention on Human
Rights and other international conventions in very few instances, due to its
limited competencies under the Constitution of BiH. The State has implemented
all orders and recommendations of the Chamber and the BiH Ombudsman in which the
deadline has expired.
FBiH and RS
Regarding implementation generally, significant
progress has been noted. The Agents, who are undertaking much of the work, were
appointed in early 1999. It became clear in the year 2000 that the Agent of the
Federation was, in large part, able to comply with the orders of the Human
Rights Chamber, and was making progress in the implementation of the
recommendations of the BiH Ombudsman. The RS Government has not demonstrated a
similar ability, although the rate of implementation increased lately. More work
will be required in this respect in the year 2001. Co-operation between the
Agents and the Chamber is generally at a good level, and has been supplemented
by monthly meetings between the Agents, OHR, OSCE and the BiH
Ombudsman.
RS
Partially Satisfied. The RS is not meeting
its obligations with regards to compliance with Chamber decisions
(currently 73%). The RS has not yet implemented all orders issued by the Chamber
in the June 11, 1999 Decision of Islamic Community in BiH v. RS, nor has
it implemented the Chamber's orders in the case of Matanovic v. RS, which
has been outstanding since 1997. Broadly speaking, implementation has been
achieved in most non-property Ombudsperson cases, but only in a minority of
cases involving property repossession. In addition, there has been
non-compliance neither in a case involving two disappearances ¨ and in the case involving enforcement of a final court
judgement (to pay 300.000 DM). Some improved implementation has been seen with
respect to a series of property cases in the RS city of Gradiska. In December
2000 the RS Government paid due compensation to 37 applicants, but only capital
sums without interest.
FBiH
Partially Satisfied. The Federation is
moving towards complete compliance with decisions of the Human Rights Chamber
(currently over 90%), although often with the assistance/involvement of OHR,
OSCE and other international organisations. As a result of OHR involvement in
legislative amendments, the Federation has complied with requirements in several
death penalty cases. There are only a few cases of non-compliance with decisions
of the Ombudsperson, including length of administrative proceedings, failure to
deal with the 1997 "Liska Street Incident", and ill-treatment by law enforcement
officers. The issues of individual property and changes to JNA property
legislation would not have progressed without OHR involvement. The Federation
currently has a limited number of Human Rights Chamber decisions to implement,
but there remain many repossession cases filed with the Ombudsperson of BiH in
which there has not been implementation.
FBiH and RS
- 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
Partially Satisfied. Restructuring of the
human rights mechanisms is currently under discussion with the Venice
Commission, the OHR, the OSCE, the relevant institutions, and State bodies. On 1
April 2000, the Venice Commission adopted a plenary opinion on the future
restructuring of the human rights institutions. The report was made public on 16
June 2000. The OHR prepared draft agreements regarding the transfer provisions
in Annexes 6 and 7 of the General Framework Agreements ¨ and the three governments have signed it. OHR has also
drafted an outline of a law regulating the merger of the Human Rights Chamber
and the Constitutional Court, and discussions in this respect have recently
begun, in consultation with the Venice Commission.
FBiH
- Passage of legislation on the Ombudsmen recommended by
the Venice Commission and guaranteeing their continuing
independence
Partially Satisfied. On 28 July 1999, OHR,
OSCE, and the Council of Europe proposed a draft to the Federation Minister of
Justice. On 28 July 2000, the Parliament of the Federation of Bosnia and
Herzegovina adopted the Law on the Federation Ombudsmen. However, problematic
amendments affecting the independence of the institution were included. OHR and
OSCE have proposed a series of amendments, which were discussed with the Venice
Comission and the Ombudsmen at a meeting in Strasbourg on 12 January.
Organisations will work with the Federation government in order to ensure that
these provisions are implemented.
¨ The
OSCE has been drafting memoranda of understanding concerning the transfer of
full responsibility for the Entity Ombudsmen to national authorities. The
financial implications of this structure will require international financial
support of the institutions in the next five years.
RS
- Establishment of the Ombudsmen as a multi-ethnic
institution
Partially Satisfied. The Law on the
Ombudsman of the Republika Srpska prepared by the Venice Commission and other
organisations, which includes the establishment of the Ombudsmen as a
multi-ethnic institution, was adopted on February 8, 2000 and came into force on
17 February 2000. The Law conforms to European standards and is in accordance
with the Venice Commission Draft Law. It is important to note that this law
remains to be implemented. Implementation will require action on the part of the
RS authorities, in particular the provision of substantive support of the RS
Ombudsmen in the budget for 2001, and will be closely monitored by OHR and OSCE.
The three Ombudsmen have been appointed on 30 April 2000. They are Mr Franjo Crnjac, Mr Darko Osmi and Ms Slavica
Slavni. They have been on study visits on three occasions,
prepared their Rules of Procedure and employed and advised its staff
appropriately. The Office began its regular work with applicants in November,
2000, and has established four field offices, Bijelina, Foca, Prijedor and
Doboj, as well as its headquarters in Banja Luka.
4. Judicial System
- Adoption of legislation to achieve professional and
independent prosecutorial and judicial system
The recently adopted judicial service laws, which
provide for a non-political, merit-based, structure for the appointment and
dismissal of judges and prosecutors, are being implemented in both entities.
Laws and regulations providing for a new budgetary and administrative mechanism
for courts and prosecution offices have also been suggested in order to prevent
the executive from unduly influencing judicial decision making through courts
and prosecution office budgets.
Draft entity laws providing for Judicial and
Prosecutorial Training Institutes have been prepared in both entities with the
assistance of OHR and CoE experts. The Federation law is now pending before the
House of Peoples. An Interim Inter Entity Co-ordinating Board for judicial and
prosecutorial training has assumed responsibility for the co-ordination of
training initiatives in the interim period. ¨ This
Board met most recently in Sarajevo on April 26, 2000.
Efforts continue at revising the Criminal Codes
and Criminal Procedure Codes in both entities. One of the most important goals
of these reforms is to change the structural relationships between courts,
prosecutors and police, leading to a clarification of their roles and greater
independence for judges and prosecutors. In the RS, the Criminal Code entered
into force on October 1, 2000. Reform of the RS Criminal Procedure Code is still in progress and the
draft code is being reassessed in the light of CoE comments and the need for a
consistent approach across the State and entity jurisdictions.
In the Federation, the second phase of criminal
law reform (the first phase was completed in 1998), aiming at further improving
the Criminal Code and the Code of Criminal Procedure, is under way, and the CoE
has already provided comments on some proposed amendments to the Criminal
Code.
FBiH and RS
- Adoption of laws to establish independent selection
procedures for judges and prosecutors and priority to adequate judicial
salaries
This much-needed reform provides for the
establishment of special judicial commissions/councils in the entities
responsible for the appointment, discipline and dismissal of judges and
prosecutors. Under an 18-month period of "extraordinary review", the councils
and commissions are scrutinising all sitting judges and prosecutors. Parallel to
this, and after the 18 months is over, the councils and commissions will review
all new appointees for judicial and prosecutorial positions and present the
successful candidates to the respective assemblies for appointment.
The laws in both entities have either been
imposed, in the Federation, or adopted, in the RS. The implementation of these
laws is not part of the criteria originally set by the Council of Europe
but is nevertheless discussed as a key rule of law element in this
paper.
FBiH
The law was imposed by the High
Representative. The draft Law on Judicial and Prosecutorial Service
was passed in February 2000 by the House of Representatives and, after the House
of Peoples failed to pass it, imposed by the High Representative on May 17,
2000. The High Representative also amended the draft law as passed by the House
of Representatives in order to provide the following: better Federal Commission
monitoring of the work of the Cantonal commissions; consideration of
multi-ethnicity and gender balance within the commissions and the judiciary;
initial judicial and prosecutorial training; improved salary structures; and
procedural rules for the extraordinary period of review under which all sitting
prosecutors and judges are scrutinised. The Federation Commissions for Judges
and Prosecutors held their inaugural sessions on 15 and 16 June 2000. The
Federation Commissions also adopted provisional Books of Rules. All cantonal
judicial commissions have also been established and have begun the process of
extraordinary review and review of new appointments. UNMIBH/JSAP supervised and
supported this work. The Independent Judicial Commission assumed responsibility
for this and other judicial reform tasks on November 30, 2000.
The new law dramatically increases salaries for
judges and prosecutors. After some initial resistance, all cantons have accepted
their obligation to pay the higher salaries, and all but two have begun to do
so.
RS
Satisfied. The Law on Courts and
Judicial Service and the Law on Public Prosecutor's Office were
passed by the RSNA on April 24 and 25. The RS High Judicial Council and High
Prosecutorial Council are now engaged in the process of extraordinary and
regular review. Books of Rules providing detailed provisions for the
implementation of the new legislation have been prepared with the support of
JSAP and have been adopted by the High Judicial and Prosecutorial Councils. The
RS Government has begun paying the higher salaries required by the laws. ¨ The IJC is monitoring the work of the councils to ensure
that the structures and principles provided for in this legislation are properly
implemented.
5. Constitutional Court
BiH
- Commitment to adequate funding of the Constitutional
Court in a manner which sustains its independence and implementation of its
decisions
Unsatisfied. The situation has improved but remains
unsatisfactory. The sum of 1.516.430 KM approved by the Assembly for 2001 covers
the material expenses of the Court, but still does not allow paying all the
judges of the Constitutional Court salaries as high as those in the Entities.
Also, from the approved budget for 2000 the sum of 54.000 KM was never
transferred to the Court.
6. Compliance with the European Convention on Human Rights
Continued revision of legislation to
ensure compliance with the ECHR:
BiH
- Adoption of Immigration and Asylum
Law*
Partially Satisfied. The House of Peoples,
the second Chamber of the BiH Parliamentary Assembly, based on a draft
elaborated by OHR, CoE and UNHCR, adopted the Law on Immigration and
Asylum on December 3, 1999. The Law was published in the BiH Official
Gazette on 23 December 1999 and entered into force on December 31, 1999. The Law
establishes the legal framework for the admission and stay of aliens, as well as
the criteria and procedure for determining refugee status and granting asylum in
BiH.
However, implementation can occur to a very
limited level only, as necessary by-laws still need to be elaborated and adopted
and instructions at the State and Entity level issued. As the legislation
represents a complete structural and administrative reform, the elaboration of
such by-laws is taking time. Moreover, a number of legislative amendments will
be required in other legislation. Further, a number of bodies foreseen by the
law must still be created and funded. These include an Asylum Unit fully
qualified in refugee law and capable of undertaking refugee status determination
within the Ministry for Human Rights and Refugees and an Appeals Panel under the
Council of Ministers. Entity-held records regarding decisions on entry and stay
of aliens made prior to the entry into force of the law to the Ministry for
Human Rights and Refugees must still be transferred to the State Ministry, and
Entity departments must be strengthened in order to handle immigration related
issues. OHCHR (Office of the High Commissioner for Human Rights) and the
Ministry for Human Rights and Refugees have established a joint working group to
address the drafting of the by-laws. ¨ However, the
change in Government has entailed a change not only at the Ministerial level but
also below. For one, the Assistant Minister for Immigration and Asylum has
resigned. While a new appointment has been made, there has been no progress made
in the elaboration of the by-laws.
BiH, FBiH, and RS
- Adoption of Law on Associations and Foundations
respecting independence of Non-Governmental
Organisations
Partially Satisfied. The Draft State
level Law on Associations and Foundations has been finalised by OHR
and sent out to the Ministry of Civil Affairs and Communications. ¨ Based on several meetings between OHR and the Ministry of
Civil Affairs and Communications the draft has been forwarded to the Council of
Ministers, which adopted the draft. The draft has been sent to the State
Parliament and adopted on April 13 by the House of Representatives. It will be
necessary that the House of Peoples adopts the draft before the Law on
Associations and Foundations is finally passed on the state level.
Concerning the draft Law on Associations and
Foundations in Republika Srpska (RS), the draft law passed the first
reading without debate in July 2000. However, the draft was sent to OHR for
comments, which, in response informed the Republika Srpska National Assembly
(RSNA) that the Law was not in compliance with the BiH Constitution. ¨ OHR, ICNL and RS NGOs met in April with the RS Ministry of
Administration and Local Self-governance in order to harmonise the draft with
the CoE standards and best regional practice. The Ministry accepted the
suggestions and is going to present the draft before the RS Government which
will then propose the draft to the RSNA.
With respect to the Federation Law on
Associations and Foundations, OHR, OSCE, USAID, ICNL and NGO representatives
have had several meetings with the Federal Ministry of Justice and Ministry of
Social Affairs, Refugees and Displaces Persons in order to finalise the draft.
The draft has been finalised ¨ and the Ministry of
Social Affairs, Refugees and Displaced Persons has agreed to relinquish the
Law on Humanitarian Organizations and Humanitarian Activities which is
not in compliance with the European Convention on Human Rights (ECHR) and
international standards in this field. The draft is supposed to be proposed to
the Federation Government by the Ministry of Justice and forwarded to the
Federation Parliament.
RS and FBiH
- Establishment of groups to examine
compatibility of legislation with ECHR, and regular consultation with OHR and
CoE on legislative initiatives
Partially Satisfied. The Ministry of
Justice of the Federation and the Ministry of Justice of Republika Srspka
established ECHR compatibility groups of five members each in 1998 (FBiH) and
1999 (RS) respectively. There is a co-ordinator in the Ministry of Foreign
Affairs. However, while some members of the groups have taken part in a study
visit to Hungary to discuss the compatibility procedure, the groups have not met
officially or started their work of drafting reports assessing the compatibility
of domestic legislation with the ECHR. The Council of Europe has therefore
recently decided to change the composition of the groups. There is consultation
with OHR and CoE on legislative initiatives, but this is predominantly initiated
by the international organisations rather than by government
ministries.
RS and FBiH
- Legislation on Conscientious Objection and Alternative
Service
Unsatisfied. Legislation in both Entities
falls short of ensuring the right to conscientious objection and alternatives to
military service, both regarded as essential components of the right to freedom
of thought, conscience and religion (article 9, ECHR and Recommendation No. R
(87) 8, issued by the Council of Ministers of the Council or Europe in
1987).
OHR and CoE initiated discussions regarding
proposals for amending this legislation in September 1999, but there has been no
follow up from the relevant entity authorities.
¨ In April this year OHR,
OSCE, CoE, UNHCR and SFOR held a meeting and agreed to re-launch discussions
with the relevant authorities as regards the legislation that regulates the
conscientious objection and alternative service in order to harmonise it with
the CoE standards.
RS and FBiH
- Revised Law on Internal Affairs
RS
Unsatisfied. The RS National Assembly
passed amendments to the Law on Internal Affairs in ts session on 14 and
15 July, 1999. After a preliminary review of the latest version of the Law,
UNMIBH raised a number of concerns, including inconsistencies with the
Dayton-Paris Peace Accords and the European Convention on Human Rights. UNMIBH
proposed a full review of the Law and requested the expertise of the CoE, which
completed a review in early 2000. In addition to the concerns raised previously,
the CoE found that the Law lacked specificity in many areas, and that the Law
delegated a significant amount of authority by overly deferring to
non-legislative Books of Rules. ¨ Although the RS
National Assembly was to have considered a draft revised law in mid-2001, the RS
authorities have not yet begun the revision process, and there has been no
substantive discussion of revisions with OHR or UNMIBH. Political considerations
appear to have halted the revision process for the near future.
FBiH
Unsatisfied. The Federation Constitutional
Court decision of March 25, 1998, removed a number of articles in the
Federation Law on Internal Affairs. The Court reasoned that the
provisions in question unconstitutionally granted powers to Cantonal Ministries
that were exclusively within the domain of Federal authorities. Additionally,
the Court found that the powers granted to the Federation Deputy Minister of
Interior exceeded those envisioned by the Federation Constitution. Although
amendments to the Law have been proposed, the Federation Parliament has failed
to pass legislation that would bring the Law into compliance with the
Constitutional Court decision. The voided articles have not had the force of law
since September 1998.
¨ At
the request of OHR and UNMIBH, CoE has provided extensive comments on the
current law; OHR and UNMIBH have raised additional considerations to Ministry
officials. The issues raised include the need for clarity in outlining the
duties and responsibilities of law enforcement officers; relations between
Federation and Cantonal Ministries; distribution of authority between Ministry
officials; and the need for strengthening provisions related to disciplinary
responsibility.
¨ Ministry officials have addressed some of these in a draft revised law.
Discussions of the draft have revealed disagreements over the need for
provisions aimed at de-politicising the police.
BiH, FBiH, RS
BiH
Imposed by the High Representative and subsequently adopted
by the Parliament. The BiH Law on Citizenship was imposed by the High
Representative and entered into force January 1, 1998 on an interim basis,
pending adoption by the BiH Parliamentary Assembly. On July 27, 1999 the Law was
adopted by both Chambers of the BiH Parliamentary Assembly and was subsequently
published in the Official Gazette on August 26, 1999.
Outstanding. The Madrid PIC urges BiH to conclude, with
the assistance of the High Representative, bilateral agreements on dual
citizenship with neighboring countries as soon as possible, but no later than
June 30, 1999. To date, no such agreements have been concluded.
RS
Satisfied. Amendments to the Law on Citizenship,
ensuring full compliance of the RS Citizenship Law with the BiH
Citizenship Law, were published in the Official Gazette RS no. 17/2000 on 27
June and entered into force on 5 July 2000. The RS Government committed itself
to pass the necessary regulations for the implementation of the Law. In
particular, such regulations will enable those former SFRY citizens, who under
the Law are entitled to BiH and RS citizenship, to apply for citizenship. As
background information, the RS Citizenship Law was passed by the RS
National Assembly in December 1999 and entered into force December 14, 1999.
In addition, the RS National Assembly passed the Law on
Changes and Amendments to the Law on Ministries, (published in RS Official
Gazette, no. 15/2000). The amendments stipulate that citizenship and basic
registration shall be taken over by the Ministry of Administration and Local
Self-Government.
FBiH
Not satisfied. The adoption of the FBiH Law on
Citizenship has been problematic. A working group comprised of
representatives of OHR, UNHCR, the FBiH Parliament and the Council of Europe
agreed upon the draft Law in April 1998. All provisions of the Law were in
compliance with the BiH Citizenship Law. However, the FBiH Ministry of
Interior subsequently, unilaterally, and without the knowledge of OHR revised
certain provisions of the draft Law delegating the decision-making competence
from the FBiH to the Cantonal level. After OHR intervention the Ministry of
Interior reverted to the previous draft in compliance with the BiH Law and, in
the spring of 2000, forwarded the draft Law to the FBiH Parliament. The draft
was then returned to the FBiH Ministry of Interior to incorporate acceptable
amendments given by delegates in the FBiH Parliament. The FBiH Ministry of
Interior completed that task and resubmitted the draft to the FBiH Government on
18 September 2000.
¨ The new Federation
Parliament recently decided to resubmit certain laws that were proposed by the
Bicakcic Government to the new Federation Government for its approval, including
the FBiH Law on Citizenship. As a result, the Law will again be reviewed
by the Government before resubmission to the Parliament for final review. OHR
has requested that the Prime Minister of FBiH provide a firm date by which the
Law will be resubmitted to Parliament and has stressed the need for its urgent
adoption. Adoption is indeed crucial, since many former SFRY citizens who took
up permanent residence in BiH before 1998 became eligible for BiH citizenship as
of 1 January 2000 and are unable to do so in the absence of a Federation
Citizenship Law.
RS
- Adoption of the Criminal Code and Code of Criminal
Procedure
Partially satisfied. Efforts to revise the
Criminal Code and Criminal Procedure Code are ongoing. The 11th
session RS National Assembly passed the proposed Criminal Code on June
22, 2000 and the Law entered into force on October 1, 2000. The Criminal
Procedure Code has undergone review by Council of Europe experts and will be
prepared with members of an inter-agency working group for presentation and
discussion to the RS working group in order to provide consistent approach
across State and entity jurisdictions.
It is expected that this will be placed before Parliament in the
latter half of 2001 for final passage.
7. ICTY
- Full co-operation with the ICTY
Unsatisfied. To date, the only arrests of
alleged war criminals, indicted by ICTY, have been facilitated by international
armed forces. The limited involvement of the local authorities in this respect
and their lack of co-operation has not changed since the beginning of the
assessment exercise.
¨ Since the inception of ICTY, 100 individuals have been publicly indicted
by The Hague Tribunal. Sixty-seven public indictments remain outstanding, with
26 indictees remaining at large. Of the remaining 42 indictees, international
armed forces have seized 20, 14 have voluntarily surrendered and 7 have been
arrested by national police forces (outside BiH).
¨ In
the reporting period, one individual indicted by ICTY for alleged war crimes was
apprehended by international armed forces. In total, international armed forces
have apprehended 22 indictees. In addition, 21 have either voluntarily
surrendered or been apprehended in third countries. According to a statement
made by ICTY on May 23, all 38 fugitives (26 public indictments and a recently
disclosed 12 sealed indictments, at present) are believed to be currently either
in the RS or FRY. Whilst not all indictees are of Serb ethnicitity, this does
indictae the relative lack of co-operation of RS and FRY with ICTY.
¨ Under the 1996 Rome Agreement (Rules of the Road), signed by the
signatories of the Dayton/Paris Peace Agreement, representatives of BiH Entities
agreed to submit all cases of war crimes suspects to the International Criminal
Tribunal for the former Yugoslavia (ICTY) prior to arrest by national
authorities. While national authorities have complied with the Agreement, it has
only been in this reporting period that concrete signs of RS co-operation have
been seen. Since March 2001, RS Prosecutors submitted 30 case files to the Rules
of the Road Unit in The Hague for review. Prior to this occasion, the ICTY had
only ever received 2 case files from the RS for review since the Agreement was
signed. Despite this progress, overall co-operation of RS authorities with the
ICTY remains very poor.
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

Unsatisfied. From January through March of
2001, the rate of implementation in BiH accelerated at a rate of approximately
1% per month. At this continued rate of implementation, it would take roughly
six more years to fully implement the property laws. This is not acceptable,
especially as some municipalities have shown that it is possible to reach better
implementation rates by consistently increasing it by over 3% per
month.
The rate of implementation continues to vary
widely throughout BiH with from less than 5% to over 50% of claims having been
realised in various municipalities to date. In Cantons 4 (Zenica-Doboj) and 6
(Central Bosnia) several municipalities are nearing completion of the
implementation process, in direct contrast to areas where progress remains slow:
the Croat-majority areas in Cantons 7 (Herzegovina-Neretva) and areas of the
Eastern RS including Bratunac, Foca/Srbinje, Srpsko Gorazde and
Visegrad.

Outstanding. Local authorities are
still, in many cases, failing to take full ownership of the implementation
process. In many cases, both in the Federation and in the RS, local authorities
have provided neither adequate resources for the full functioning of housing
offices, nor sufficient alternative accommodation. ¨
Local officials also fail to address the problem of housing officials who fail
to undertake their responsibilities. There continue to be many illegal acts
encountered in implementation of the property laws, including illegal
allocations of private property, looting, violence against housing office
employees and illegal revalidations/privatisations, which have not been
adequately addressed by local officials. There also remains a considerable
problem with public officials occupying claimed space.
FBiH and RS
- Revised laws to guarantee the right to return of individuals whose
apartments have been permanently reallocated to another person
Imposed by the High Representative. The High
Representative issued a Decision on April, 13 1999, by which new permanent
occupancy rights were 're-converted' to temporary occupancy rights, to be
resolved through the administrative claims process. This Decision has been
accepted by both Entities and published in the respective Official Gazettes.
Implementation has begun slowly. However, as the category of new permanent
occupancy right holders includes many well-connected people, there is strong
resistance to evictions and strong international pressure is required to achieve
any progress.
FBiH and RS
- Establishment of a mechanism to ensure access to and recognition of
personal documents
¨ Partially Satisfied. An advisory committee prepared draft
legislation regarding access to public administrative documents. The draft
BiH Law on Recognition of Public Documents was adopted by the Council of
Ministers and, thereafter, by the BiH House of Peoples on May 16. As such, the
assessment of this requirement was upgraded from "unsatisfied" to "partially
satisfied", although the process before final adoption is still lengthy and the
political will needs to be sustained.
In relation to documentary evidence for the property claims
process, access to documents remains problematic in many parts of the country.
Claims without supporting documentation are wrongfully refused at the filing
stage, whilst copies of documentation remain extremely difficult or expensive to
obtain from cadastral administrations and property book services. A number of
municipal housing authorities have no access to the cadastre or housing records,
either because they have been destroyed or because they are held elsewhere
(usually across the IEBL).
FBiH and RS
- Revised Law on Housing Relations
Satisfied in the Federation and imposed by the High
Representative in the RS. Amendments to the problematic provisions were
adopted by the Federation Parliament in January 1999, and imposed in Republika
Srpska by a Decision of the High Representative on 13 April 1999. Following
these amendments, it is no longer possible to cancel the occupancy rights of
individuals if displaced. Prior court decisions cancelling occupancy rights on
this basis have been annulled.
FBiH and RS
FBiH
- Full implementation of the Decisions of the Human Rights Chamber
concerning former Yugoslav National Army (JNA) apartments
Partially Satisfied. A Decision of the High
Representative on July 1, 1999, agreed in advance with the Federation
Government, establishes criteria for determining which former occupants of JNA
apartments should be considered displaced persons with the right to return. For
those granted the right to return, procedures have been established for
recognising their pre-war contracts of sale. For those not permitted to return,
they will be reimbursed for any money paid towards the purchase of the
apartment. Where the individual is unable to reach an agreement with the
Ministry of Defence, the responsible court will have full jurisdiction to
adjudicate.
The recognition of contracts of sale of those who remained in
possession of their apartment is proceeding satisfactorily. Repossession of JNA
apartments, however, has made little progress due to insufficient administrative
capacity in the Sarajevo Cantonal Housing Department.
RS
- Establishment of an effective property claims process
Partially Satisfied. This accession requirement refers
explicitly to the establishment of offices to receive claims, including
staffing, funding and other resources. The issue of implementation is discussed
above and is not part of this specific requirement.
The claims process in the Republika Srpska is now roughly
complete, as in the Federation, with the similar exception of cases of private.
There are no further reports of individuals being completely prevented from
making their claim in the RS in recent months. However, more adequate staffing
levels have only been achieved as a result of the assistance from the US
Government: the RS Government must now take steps to ensure the continuing
provision of resources after the budget support programme ends.
11. Education
Overall progress in the current education system
in BiH remains unsatisfactory for a number of reasons, including lack of
material resources, lack of access or facilities for disabled children and the
gender imbalance that exists in relation to male-dominated directorial positions
in schools. However, the major problem lies in the effective division of the
education system along ethnic lines, which acts to inhibit sustainable minority
return and ethnic re-integration; further, it encourages future destabilisation
through radicalising, and thus polarising, another generation of citizens. To
address this issue the International Community focuses on excising offensive
materials from text-books, on promoting multi-ethnicity and tolerance in the
classroom, and on gradually working towards the adoption of a joint core
curriculum.
- Substantial progress in the amendment of textbooks,
including withdrawal of all offensive materials by beginning of 1999/2000
school year
Partially satisfied. Some progress has been
made towards removal of offensive materials from all textbooks. This ongoing
exercise, involving extensive negotiations with local education authorities and
substantive work by local teams of experts followed by consultations with an
International Independent Commission, is an interim step, to be followed by
substantial further improvement of textbooks to ensure that they eventually meet
European standards. Continuous pressure from the International Community remains
necessary. Extensive spot checks carried out in schools throughout the country
between late October and late December (whereby approximately 10% of all the
schools were actually visited) revealed that the level of compliance is
generally acceptable. However, compliance is better in the Federation than the
Republika Srpska, and better in primary than secondary schools. Schools
following the Bosniak curriculum have the highest compliance level, followed
closely (except in some problematic mixed areas of the Herzegovina Neretva and
Central Bosnia Cantons) by schools with the Croat curriculum. Schools following
the Serb curriculum have the lowest compliance levels, partly because the
Ministry issued a different instruction from that issued by OHR, leading to the
surreptitious introduction of a new set of textbooks into the Republika Srpska
in September 1999. Those textbooks were not reviewed by the expert teams of the
other constituent peoples of BiH before they were actually
introduced.
- Review of the education system in order to eradicate
all aspects of ethnic segregation
Unsatisfied. In most cases, the education
system in BiH is effectively entrenched along ethnic lines. Eradication of all
aspects of ethnic segregation can only be achieved over the long term, through
continuous pressure from the International Community and growing involvement of
the civil society in the education system, provided the political will exists on
the part of the national and local authorities. Under the Federation
constitution, education is within cantonal competence, except where the
municipality has a different majority ethnic population from the canton as a
whole, when it becomes a municipal competence. In the Republika Srpska, however,
education is an Entity responsibility. In the Federation, the Deputy Minister
continues to see ethnic segregation as necessary to protect the rights of the
Croat constituent people, whose numbers were reduced from 750.000 before the war
to about 400.000 now. In this respect, OSCE and the International Human Rights
Law Group have reported several cases of physical segregation.
A symposium on the curricula of the "national"
subjects was held in Sarajevo on February 7 and 8, where the participants agreed
to adopt the Swiss model. The plan, which allows a great degree of
autonomy for each canton, also requires a sophisticated level of co-ordination
and exchange between the cantons and between the Entities. The symposium was
designed to pave the way towards a sustainable education system. No joint
curriculum can be envisaged in the short term. However, a process has now been
initiated, which will produce gradual change that should eventually lead to a
more integrated education system in BiH on the basis of accepted European
standards and norms.
On May 10, 2000 the Entity Ministers of education
endorsed this strategy by signing both a Declaration (formulated as a strategic
plan) and an Agreement (formulated as an operational plan). The Agreement and
Declaration itemise the short- and medium-term reforms to be implemented
throughout BiH, with a view to desegregating existing education systems,
harmonizing curricula and textbooks, establishing mechanisms for recognising
diplomas, certificates and professional qualifications, and thereby facilitating
the return of displaced families throughout the country.
Under the terms of the 10 May 2000 Agreement, a
"Curriculum Harmonisation Board" was formed. Several meetings were held by its
members and Entity Ministers are now called upon to make decisions regarding the
concrete measures to be implemented by September 2000. Obstructionist tactics by
the RS Minister and the Croat Deputy Federation Minister have been observed
lately, , particularly with regard to the country-wide introduction of
"curricular modules" on language, literature, culture and religion, reflecting
the traditions of the three constituent peoples, which have to be taught to all
children in BiH, as well as the introduction of the second alphabet.
Negotiations were then taken to a higher political level and eventually, at an
Entity Ministers meeting on September 26, 2000, the Croat Deputy Federation
Minister agreed to allow the teaching of the second alphabet on the terms that
had already been agreed to by the two other sides. The three Ministers also
agreed to proceed with the substantive preparation work of the curricular
modules. UNESCO agreed to take the lead in this respect, and assigned one
curriculum expert to this task, which is financed by OHR. It is anticipated that
the 36 modules which have to be developed should be completed by March
2001.
The International Community has also focused these
past few months on resolving a certain number of school crises in the Federation
(Stolac, Vares, Bugojno Gornij Vakuf, Vitez et al).. While the recent
Agreement provides the necessary framework for solving such cases, direct
political intervention and pressure remains indispensable. Thus, the primary
schools of Stolac, Vares and Bugojno are now shared by the Croat and Bosniak
children. In addition, an agreement was recently signed in Mostar on the highly
symbolic Gymnasija which, in the future, will be shared by the two communities.
Furthermore, the Central Bosnian Canton recently issued a decision on the
rational use of school facilities throughout the Canton which mandates the
implementation of the Bugojno agreement principle of " two schools under one
roof " as an interim solution to tackle the serious school accommodation
problems that the Canton is faced with. A gradual process of reintegration is
thus being made possible but utmost vigilance remains necessary.
- Higher education developments
The Higher Education Co-ordination Board was
finally established formally in June 2000. It had been under discussion for over
two years, and World Bank funding and EU technical assistance was conditioned
upon its creation. In in the first stage, its main task will be to adopt its
work plan based upon the recommendations contained in the World Bank/ Council of
Europe report, which identified the need for a long term strategic plan between
the BiH universities to modernise their under-funded and under-managed system.
The recommendations acknowledge the crucial importance of reforms to the
university system for the future of a sustainable BiH.
While there is no alternative to the slow process
of the regular meetings of the Conference of Entity Ministers of Education, new
political instruments have to be developed that will accelerate this process.
Among them is the development in 2001 of a modern legal framework for primary
and secondary education, which could eventually be imposed, as well as more
focused political attention.
Furthermore, efforts are now underway to establish
"a regional taskforce on education" involving BiH, Croatia and the FRY, in order
to accelerate the adoption of European standards and devise a common approach to
education geared towards reconciliation and peace building at school.
The four religious leaders met on February 19,
2001 and acknowledged the importance of the teaching of a new subject presently
called "culture of religions" and expressed their desire to
give their input to what should be taught under this subject. They will each
nominate an educational expert who will forward their ideas and proposals to the
Office of the High Representative, which will co-ordinate them. OHR and the
religious leaders agreed to speedily proceed on the development of the subject.
The decisions on the exact designation of the new subject and all implementation
details will be taken immediately afterwards in close consultation with all
concerned parties, including the Inter-Religious Council.
Following the formation of new Entity governments,
regular meetings of the Conference of Entity Ministers of Education could be
resumed in April 2001.
The new Ministers, especially on the Federation
side (3 Croat majority Cantons - out of 10 - can be considered as not involved
at the present stage), signalled their unequivocal will to promote progress
towards multiethnic and quality education in both Entities. OHR and other IC
organisations emphasised the need to fully implement the items of the 10 May
2000 Education Agreement in a first stage.
The recent events in Trebinje and Banja Luka, as
well as the backlash which they provoked in various parts of the country, if
anything, testify to the urgent need to educate both the young and adults of
this country about the basic values of a civilized, democratic society, and
about religious tolerance and the rule of law. Schools, it was agreed, can and
should play a major role in achieving ownership of such values.
Components of a large scale reform of education in
BiH, supported by a sustained and co-ordinated effort, were discussed and
adopted, such as:
- the short term development by OHR and the CoE of a modern
legal framework for Primary and Secondary education;
- the short term development of a modern legal framework for
Higher Education via the work of the Higher Education Co-ordination
Board;
- the ambitious proposal by the EU of a medium term sector
wide reform of education and professional development scheme over 5 years
(also for Primary and Secondary education);
- the short term operationalisation of the Standards and
Assessment Agency (which has been delayed by almost 1 year);
- a public campaign targeted towards the stakeholders of the
education system and civil society organisations in order to foster public
support for the reform of education and moves towards multiethnic
education;
- the need to make visible, publicise and make available to all
schools and education professionals the results and valuable contributions of
all the education development projects and schemes funded and carried out
these past years by numerous local and international NGOs and associations
involving hundreds of BiH teachers and trainers (travelling education fair,
public information campaign) at all levels of education;
- the need to continue the series of professional seminars on
history teaching and the development of new history curricula (UNESCO and
CoE);
- the need to organise in Sarajevo in autumn 2001 a meeting of
the Conference of Ministers of Education from South East Europe in order to
review the impact of work undertaken within the Stability Pact and focus on
issues of common interest, such as education strategies to prevent brain
drain.
HRCC** Member Organizations
OHR: Under the Annex 10 of
Dayton Agreement, the Office of the High Representative is tasked with
co-ordination of civilian aspects of peace implementation in Bosnia. OHR
maintains a regional human rights presence, and works closely with other
agencies that monitor the human rights situation, to develop strategies and
co-ordinate interventions. For more information about the OHR generally or about
human rights specifically, please contact:
Office of the High Representative tel: 00 387 33 283
500
Elmerika Bluma 1 fax 00 387 33 283 501
71 000 Sarajevo, Bosnia and Herzegovina web: www.ohr.int
OSCE/Human Rights Department
(HRD): The OSCE mandate derives from Article XIII of Annex 6 of the
Dayton Agreement. HRD has staff in OSCEs 27 Field Offices and 4 Regional
Centers, which allow the OSCE to ensure full coverage of the territory of BiH
and makes the organisation a direct actor in addressing human rights issues. The
HRD focuses on property and other return related issues, education, employment
and rule of law. The Human Rights Department interprets its mandate to include
inter alia: monitoring, investigating and intervening on allegations of
human rights abuses.
OSCE Human Rights Department tel: 00
387-71-444-444
Dzenetica Cikma 2/4 fax: 00 387-665-236
71 000 Sarajevo, Bosnia and Herzegovina
web: www.oscebih.org
UNHCR: The United Nations
High Commissioner for Refugees is the lead organisation for the implementation
of Annex 7 of the Dayton Agreement, which guarantees the right of displaced
persons and refugees to return to their homes of origin. Protection Unit:
UNHCR provides international protection and assistance to refugees abroad,
displaced persons, as well as other persons of concern through its offices
throughout Bosnia and Herzegovina and the network of Legal Aid/Information
Centres. To create a framework conducive to safe and dignified return and to
promote return opportunities, UNHCR has been involved in various human rights
areas: return, property, citizenship, customs, travel documents, amnesty,
pensions, gender. Tools of involvement range from assisting in the creation of
an appropriate legal framework, monitoring the situation on the ground,
interventions, producing reports and issuing position papers in relation to
persons still in need of international protection. For more information about
UNHCR in Bosnia, please contact:
UNHCR tel: 00 387-71-666-160
Unis Building Tower A, Fra Andela Zvizdovica 1
fax: 00 387-71-470-171
71 000 Sarajevo, Bosnia and Herzegovina
web: www.unhcr.ba
UNMIBH/IPTF Human Rights
Office: The existence of International Police Task Force is mandated
by Annex 11 of the Dayton Agreement. Under Security Resolution 1088, the IPTFs
work includes "investigating or assisting with investigations into human rights
abuses by law enforcement personnel." The main objectives of the Human Rights
Office are to: investigate human rights violations by law enforcement agents;
design remedial measures to correct such violations; and to monitor and ensure
the implementation of corrective measures. To implement these objectives, the
Human Rights Office carries out investigations into serious incidents of police
misconduct and conducts comprehensive inspections of law enforcement agencies to
address persistent endemic institutional deficiencies. The Human Rights Office
is comprised of 145 International police and 17 international civilian staff,
deployed throughout the country.
UNMIBH tel: 00 387-71-496-265 Aleja Bosne Srebrene
bb fax: 00 387-71-496-539
71 000 Sarajevo, Bosnia and Herzegovina
OHCHR: As of December 1998,
the OHCHR in Bosnia and Herzegovina is part of the Office of the Special
Representative of the Secretary General (SRSG, in charge of the UNMIBH). It
focuses its activities on human rights training and on issues of gender and
discrimination, with particular emphasis on social and economic rights. It
continues to support the mandate of the Special Rapporteur of the Commission on
Human Rights and participates in the work of the Human Rights Co-ordination
Centre (HRCC) of the OHR. The legal authority for its presence is based on
annual resolutions of the Commission on Human Rights as well as Article XIII of
Annex 6 of the Dayton Agreement.
Office of the High Commissioner for Human Rights
tel: 00 387 71 49 6402
Aleja Bosne Srebrene bb fax: 00 387 71 49
6438
71000 Sarajevo, Bosnia and Herzegovina
IJC: The Independent Judicial
Commission (IJC), while initially being created under the auspices of OHR,
carries out its pivotal role of directing judicial reform in BiH independently.
The IJC is responsible for initiating, guiding and co-ordinating a comprehensive
judicial reform strategy and professional training measures. It also assists and
advises the judicial and prosecutorial commissions/councils in both entities on
matters related to the appointment, discipline, and review of judges and
prosecutors. This concentration of judicial reform responsibilities is expected
to achieve more uniform and accelerated reform measures that directly impact on
and improve the conduct of judges, prosecutors and other legal professionals as
well as the institutional operations of the justice sector.
Independent Judicial Commission tel: 00 387 33 445
216
Emerika Bluma 8 fax: 00 387 33 445 223
71 000 Sarajevo, Bosnia and Herzegovina
web: www.ohr.int
CoE: The Council of Europe
(CoE)
CoE: The Council of Europe has instituted a
multi-faceted co-operation programme with Bosnia and Herzegovina, aimed at
assisting the country in meeting the organization's standards of pluralist
democracy, human rights and the rule of law. To support and monitor the
implementation of these co-operation activities, the CoE has a field presence in
Sarajevo and Mostar
Council of Europe/Vijece Europe tel: 00 387 33 264
360
Zelenih Beretki 16/A, fax: 00 387 33 264 360
71000 Sarajevo, Bosnia and Herzegovina web: www.coe.int.org
**The HRCC is an interagency body staffed by
representatives of the OHR and OSCE. It produces quarterly and ad hoc
reports on the human rights situation in Bosnia and Herzegovina, supports the
work of the Human Rights Steering Board and links with the Local and Regional
Human Rights Working Groups throughout the country.
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