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The HRCC Human Rights Quarterly Report is based on the regular and special
reporting of inter-governmental and non-governmental organisations. The aim of
the Report is to provide a concise overview of human rights issues, cases and
trends affecting the overall human rights situation in Bosnia and Herzegovina
during the reporting period. Questions on specific items should be directed to
the reporting organisation or to the HRCC. Please send information for inclusion
in the report to 387-71-447-420 to the attention of Jayson Taylor, Sirpa Rautio,
or Eric Frejabue, or by e-mail to jayson.taylor@ohr.int,sirpa.rautio@ohr.int, or eric.frejabue@ohr.int
- While the rate of implementation of property legislation increased
steadily, but slowly, the rate of implementation of decisions remain
slow
- International monitors report 98 incidents directed against minorities,
particularly in Eastern RS
- Recent developments in Herzegovina-Neretva Canton effectively put an
end to the existence of parallel judicial structures
- Governments of both entities endorse the agreement on implementation of
pension and disability insurance
Right to Return / Right to Property
- Implementation of the Property
Legislation:
- General Trends: During the reporting period the rate of
implementation of property legislation increased steadily, but slowly. While
the rate of decisions has increased, particularly in the Federation, the rate
of implementation of decisions remains slow. To date, only 13% of applications
have been implemented. Most municipalities are now issuing decisions on a
regular basis, however, in some municipalities, particularly Croat-controlled
municipalities in Cantons 7, 8 and 10, there has been little or no progress on
implementation. Few housing offices issue decisions in chronological order,
thereby creating a non-transparent decision-making procedure.
- The identification of alternative accommodation remains a significant
obstacle in the process of increasing implementation rates as few
municipal/government officials fully undertake their responsibilities related
to identifying suitable accommodations. The officials uniformly fail to
catalogue and publish the list of unclaimed socially owned property for use as
alternative accommodation. This failure invalidates the oft-used "lack of
space" as justification for non-implementation and by itself constitutes a
reporting violation under law. Other obstacles include: cancellation and
postponement of scheduled evictions by housing officials; failure to
adequately address double occupancy cases, particularly cases involving
government officials and prominent local individuals; non-implementation of
CRPC decisions; and reallocation of private and socially-owned property to
individuals not entitled to alternative accommodation.
- Federation Progress: Overall implementation of property laws
in the Federations currently stands at 18%, with roughly 46% of applications
receiving decisions. Implementation of property laws is proceeding most
smoothly in Cantons 1 (Una Sana) and 6 (Central Bosnia). In
Canton 6, the implementation rate is roughly 37%, and decisions have
been issued on over 50% of applications. In Canton 1, the implementation rate
has risen to almost 30%. Problems persist in Cantons 7
(Herzegovina-Neretva), 8 (West Herzegovina) and 10
(Herzeg-Bosnia), where the implementation rates are 9%, 2% and 6%,
respectively. In Sarajevo Canton, there has been no real progress over
the last several months, where the implementation rate remains relatively
unchanged. Particularly troublesome Federation municipalities include:
Olovo; Jajce; Capljina; Mostar Central Zone; Mostar South; Mostar South
West; Mostar West; Stolac; Ljubuski; Centar/Stari Grad Sarajevo;
Vogosca/Ilijas Sarajevo; Bosansko Grahovo; Drvar; and Glamoc.
- Croat-controlled areas remain slowest to implement property
laws: Despite recent signs of improvement in Mostar West, there
has been little progress in property law implementation in Croat- controlled
municipalities of Cantons 7, 8 and 10. In recent weeks, Mostar West
housing officials have implemented several evictions, a trend that will
hopefully continue. The Mostar South West municipality finally
appointed an Enforcement Officer to the Housing Office where no decisions have
been implemented yet. Similarly, there have been no decisions implemented in
Mostar South. Despite some administrative restructuring, no real
progress has been made in Stolac or Capljina. In Drvar, after an
initial postponement, the first scheduled eviction took place in August.
- Implementation in the RS Remains Slow: Despite some
identifiable progress, implementation remains slow throughout the RS, with the
rate remaining only half that of the Federation. In the past, the lack of
financial resources for the Ministry of Refugees and Displaced Persons (MRDP)
stood as a major impediment. This situation should improve with increased
operating resources provided by the International Community. However,
implementation remains unacceptably low in municipalities where the most
numerous claims have been filed, including: Banja Luka; Bijeljina; Doboj;
Modrica; Bosanski Novi/Novi Grad; Prijedor; Foca/Srbinje; Srebrenica; Teslic;
Visegrad; and Zvornik. MRDP officials continue to complain about the lack
of alternative accommodation, but have taken few ameliorative steps. The
August resignation of the Minister Dragicevic at the request of the
International Community will hopefully allow for a successor with a greater
commitment to property legislation implementation.
- Reconstructed Mosque in the RS: The first reconstructed
mosque in the RS was officially opened in the return village of
Kozarusa in Prijedor municipality without incident.
Approximately 3,500 Bosniaks attended the event including the deputy head of
the Islamic community in BiH and the Banja Luka mufti. During the war all of
the mosques I the RS were completely destroyed (except for the mosque in
Mrkonic Grad) which was heavily damaged, and in many cases all traces
of the mosques were removed.
- Elected Officials and Local Police: Since the introduction
of the PEC (Provisional Election Commission) Rule 7.16 in December 1999, 52
individuals were stricken as candidates or barred from holding office. PEC
Rule 7.16 bars officials from holding office if they occupy property where an
administrative decision, CRPC decision, or Court decision remains outstanding.
An additional 10 were removed after the municipal elections. In the elections
planned for autumn 2000, the same rule will apply to the highest officials in
the country, from Canton governors to the national Parliament. UNMIBH has
adopted a policy whereby police officers that are double or illegal occupants
face removal from the police if they do not vacate the property within one
month from the issuance of identification cards. Since entry into force of
this policy, more than 200 police officers have voluntarily vacated the
property they occupied and UNMIBH removed one police officer due to failure to
vacate illegally occupied property. Moreover, the policy demands that police
officers with temporary occupancy rights set an example by vacating, within
the legal deadline, property they do not own, thereby strengthening public
trust in its law enforcement agencies.
- Non-Compliance Reports: Through the multi-agency Property
Legislation Implementation Plan (PLIP), Non-Compliance Reports have been
standardized to cover abuses of property legislation by housing officers and
other government officials. Some 20 reports have been collected thus far. The
reports detail violations of the property laws and form the basis initiating
domestic prosecutions, or in the most grievous cases, removals from office via
joint decisions of the OHR and OSCE.
- Following a January 2000 audit demonstrating that the Housing Department
failed to implement the property legislation UNMBiH developed a 60-Day
Housing Action Plan for Srpsko Gorazde. An
International Special Advisor was appointed on 8 June for the implementation
of a 60-Day project prioritizing various property cases. The cases were
resolved, a database created and the Housing Department staff received
training on its use and update. Regular meetings are now held and the Housing
Department has begun exchanging information with other Municipalities.
- Despite the initial reluctance to accept the Special Advisor and some
attempts to obstruct the implementation of the project from the political
authorities in the area, the Housing Department has issued 134 decisions and
enforced 15 evictions. As the number of double occupancy cases was relatively
low and most of the housing units in Srpsko Gorazde are private property, many
of the decisions issued pertain to cases where the current occupant are
entitled to alternative accommodation and are therefore given 90 days to
vacate. Further measures are being discussed to ensure an adequate follow up
and identification of alternative accommodation to support future
decisions.
- Additionally, the Local Police Station in Srpsko Gorazde must be relocated
under the pending repossession claim of the pre-war owner. The eviction was
scheduled for the 17 August but the authorities and the owner agreed to a
two-month extension to vacate, in exchange for rent.
Statistical Update:
|
Number of |
Federation |
RS |
BiH |
|
Claims |
119,032 |
106,263 |
225,295 |
|
Decisions |
54,570 (46%) |
23,409 (22%) |
77,979 (35%) |
|
Repossessions |
21,868 (18%) |
8,515 (8%) |
30,383 (13%) |
The statistics are current until end of June 2000. These numbers do NOT
include Brcko. These figures are based on the self-reporting of
municipalities, and only provide a general indication of
trends.
Right to Return / Visits, returns and return related incidents[This
section focuses on return-related information which is significant from a human
rights perspective] 1
- General: During this reporting period international monitors
report 98 incidents directed against minorities; according to UN IPTF
statistics, 58 incidents took place in the RS, in particular Eastern RS, and
40 in the Federation. As of March 2000, the international police monitors
received about 200 reports on incidents targeting minorities. These incidents
include explosions, fires, shootings, damage to property, and verbal
harassment/physical harassment against minority returnees and residents.
Despite the high number of incidents reported the identification and
subsequent prosecution of perpetrators remains elusive due to police inaction
and the reluctance of witnesses to provide testimony.
- Following investigations of various incidents, the international Community
concluded that many incidents, like those that occurred in the Eastern RS
municipalities, were not spontaneous, but instead were organised and carried
out by followers of various political factions.
- Despite the continued attacks on minority returnees the returns have
continued to increase. The RRTF reports that over 19,751 minority returns took
place through August 8 2000. The increase in returns is at least partly
attributed to the strict implementation of property laws as displaced persons
in both entities realise that they can not continue to occupy someone else's
property. Many of the returnees are reportedly evictees from the Federation or
residents of collective centres. There is increased frustration and anger
about the perceived lack of reconstruction assistance. Those in the process of
return often live under very difficult conditions in tent settlements or
alternative accommodation awaiting reconstruction assistance. The return of
Bosnian Serbs to the Federation remains slow, but some increased interest is
evident. Similarly, the return of Bosnian Croats to BiH from Croatia also
continues at a slow pace.
In the Republika Srpska:
- On 24 July violence erupted in the village of Janja near
Bijeljina during attempts to evict displaced Bosnian Serbs.
Approximately 250 Bosnian Serb protesters gathered in an attempt to stop the
lawful eviction of two Bosnian Serb families. After the intervention of the
local authorities, the crowd started to disperse. An incident then took place
involving a Bosniak man and 2 Bosnian Serb women causing the group to gather
again and the escalation of the situation into violence, including the
detonation of a device that injured several people. The violence, which
continued for three days, resulted in 10 persons being injured, including
minors, the torching of three houses and at least 15 other houses with varying
levels of damage.
- Independent investigation of the event by international police monitors
suggests that the Janja police failed to take adequate precautionary measures
despite reports that the local residents were being rallied to block the
scheduled eviction. Further, at the outset of the demonstrations, which were
peaceful, the Janja Police failed to strategically place officers in a manner
that would have ensured that the crowd dispersed in orderly fashion. Following
the outbreak of violence, the Janja Police again failed to react quickly to
request reinforcements necessary to quell the unrest. Although 10 criminal
charges have been filed against five Bosnian Serb suspects in the days that
followed, police investigations have been marked by glaring omissions in the
investigation. The Janja police failed to take statements of minority
witnesses and officers; failed to question a Bosnian Serb community leader
mentioned in police reports of the incidents; and failed to interview the
members of fire brigade who were prevented from extinguishing the fires. The
police also failed to request contemporaneous video footage that may exist
with the local media. Finally, the misdemeanor charges filed against the five
suspects believed to have instigated the violence appear to be inappropriately
lenient given the given facts cited in the charging instrument.
- As early as in June there had been serious incidents targeting returnees
in Janja. On 13 June, a former Bosniak municipal councilor and a
returnee to Janja was beaten up and on 26 June a bomb was thrown on to a truck
belonging to a Bosniak family about to be reinstated to their property.
- Several incidents of violence were also reported against minority
returnees in the municipality of Prnjavor. During the early
morning hours of 27 June, a Bosniak returnee couple from Zenica were the
target of a grenade attack after receiving threatening phone calls. No
injuries were reported. Some criminal proceedings have progressed during this
reporting period including the arrest and subsequent conviction of 3 suspects
in a July 2000 grenade attack against a Bosnian Croat. In a related
development in Prjnavor, a male Serb was convicted for detonating an explosive
device in a Bosniak café/business premise in Prjnavor in April l999. The
Prjnavor municipal court convicted him on charges of causing general danger
and possessing explosive devices. The defendant was sentenced to one year in
prison and ordered to pay a fine2.
- In Srebrenica municipality, there were several cases of
arson during the period. In May, two houses were damaged; in June, four houses
were burnt followed by two more arson attacks in July. After some hesitation,
the Mayor of Srebrenica accepted the SFOR's offer to deploy its arson unit to
aid in the investigation. Despite the arson attacks, the returns/housecleaning
activities in the rural area of Suceska, Srebrenica that began in June,
continued on an increased pace in July. The house cleaners were living in
tents initially during the reconstruction of a house to be used as a
collective buffer accommodation. The first return to Srebrenica, that took
place in April (an elderly man who returned to town center) was followed by a
second return in May. Also, the wife of the first returnee left the Federation
and joined her husband in Srebrenica.
- On 23 May, 93 persons began housecleaning in Milici
municipality, probably the most receptive municipality for return in this
economically depressed region given the favourable security and socio-economic
conditions.
- On 11 May a serious incident took place in Bratunac.
Approximately 250 Bosniak women from the "Mothers of Srebrenica and Zepa
enclaves" were travelling in four buses to Srebrenica, when a group of Bosnian
Serb displaced persons stopped them, stoned the buses in order to prevent the
visit.
- Following an initial breakthrough of 29 returnees to Zepa in
April, over 100 returnees began moving back from the Federation. Approximately
120 persons travelled to Zepa on 3 May to begin overnight stays within the
Zepa area. Also, the first returns to Visegrad began on 27 May
with approximately 150 persons visiting their destroyed houses and 29 others
who remained overnight.
- In Zvornik, there were two incidents of rockets being fired;
one in May and one in July. On 25 July four rockets were fired at the house
occupied by international Military monitors in Cer. Three rockets hit and
destroyed a bedroom on the first floor of the building. However, the occupants
were on vacation at the time of the attack. On 28 July, an explosive device
was thrown and damaged an unoccupied property near Zvornik town center and on
29 July, in Papraca, Sekovici municipality an explosive device damaged a
property which had been occupied by Bosniak family since March 2000. There
were no injuries in these attacks.
- Approximately 300 returnees are staying over night in seven different
locations in Foca/Srbinje, and represent the largest number of self-organised
return sites in the Eastern RS. Several security incidents were reported in
June. On 16 June, Han Pijesak municipality hosted a shelter
project hand over ceremony. More than 50 housing units were reconstructed in
three locations and most of the families have already re-occupied their
reconstructed homes. Additionally, a primary school and an ambulanta (health
care centre) were also reconstructed.
- In Prijedor municipality, some 50 families returned in June
and 70 families in July, including to the Stari Grad of Prijedor, one of the
most sensitive return areas in the municipality.
- The postponed visit by Bosnian Serbs to Vozuca on 1 June led to violent
reactions and roadblocks by the same group in Kotorsko against
the visit of Bosniaks to clean their houses. Eventually the tensions were
diffused and the housecleaning in Kotorsko resumed without
significant problems. The organised returns of Roma families to their pre-war
places of residence in and near Modrica town continued in June.
Up to 50 families have returned (under the auspices of the Coalition of
Return) and are living in the ruins of their homes, in tents or under plastic
sheeting in desperate conditions. The returnee communities include a number of
minors and extremely vulnerable elderly members.
- In Derventa municipality, there were also several incidents
in June, including shooting incident and the mining of a chapel in Modran,
which was destroyed in the attack.
- In June, there were assessment visits of Bosnian Croat displaced persons
to various locations in the municipalities of Banja Luka, Prijedor,
Teslic and Doboj, (RS).
In the Federation:
- The movement of Bosnian Serbs to the Federation has remained below
expectations, although increasing interest is evident in some areas. Evictions
in Bocinja village, where a closed conservative community of Muslims,
including Bosnians of foreign origin (so called Mujahedeens) are living, will
reduce security concerns encouraging Bosnian Serbs to return to
Maglaj municipality. In Maglaj, the first group of
Bosnian Serbs returned to their reconstructed houses in Parnica and Jablanica.
The new Mayor of Maglaj is supportive and is encouraging more Bosnian Serbs to
return. Also, some displaced Bosnian Serbs currently in Bijeljina have
expressed interest to return to Tuzla municipality; however, the pull factors
and pressure to stay continue to be strong impediments to returns. Spontaneous
returns continue in Canton 1 at a steady pace, with the number
of registered minority (mainly Bosnian Serb) returns doubling from May to
June, (366 and 611 individuals respectively).
- In Canton 10, more than 100 Bosnian Serbs returned to the municipalities
of Livno, Kupres and Glamoc during the month of May. However, there were
several security incidents in Glamoc targeting returnees.
Rule of Law - Law Enforcement and Judiciary
- Police Misconduct and Inaction. There has been some progress
in the follow up to the re-investigation of the Liska Street- incident that
occurred in Mostar on 10 February 1997. During the incident, Bosnian Croat
police officers fired upon a group of Bosniak civilians at a graveyard,
killing one and injuring twenty. The subsequent police investigation was
inadequate, politically and racially biased, and followed by a farcical trial.
International police monitors conducted an independent investigation at that
time and presented their findings to the BiH Ombudsperson. The Ombudsperson
found that the police officers had violated Article 3 of the European
Convention of Human Rights and called upon the appropriate authorities to
conduct a rigorous and impartial re-investigation followed by appropriate
prosecution by the authorities.
- For two years thereafter the local authorities failed to comply with the
recommendation to re-investigate the case. In April 1999, at the request of
the OHR, UNMIBH/IPTF assisted the Cantonal authorities in establishing a joint
Bosniak/Bosnian Croat investigation team and has monitored their
investigation. Despite ethnic alliances, political pressure and the lack of
material and forensic evidence of the murder, the investigation team submitted
a substantial case to the Mostar municipal prosecutor. In August 1999, the
prosecutor instructed the investigative judge to conduct a judicial
investigation against five suspects for the criminal act of endangering the
safety of persons and property. The charge carries a maximum sentence of eight
years imprisonment. However, the lack of qualified criminal law judges at the
municipal court level and the ongoing transition of the Canton 7 judiciary
meant that the judicial investigation could not commence.
- In May 2000, the judges were finally appointed and the case was assigned
to a qualified criminal law judge soon thereafter. During the reporting
period, two sessions of the judicial investigation were held where all
suspects attended. The investigative judge has now taken steps to interview
all witnesses and injured parties in the coming sessions.
- A 45-year old woman was found murdered last August in the woods of Gorjni
Rahic. The Canton 3 public prosecutor decided to close the case following an
investigation by local police that was littered with deviations from standard
criminal procedure. Upon closing the case the prosecutor opined that the
police had not undertaken a thorough and appropriate investigation.
- At the request of UNMIBH/IPTF, the local police established a new
investigation team supervised by the newly formed Brcko District police. The
re-investigation commenced in earnest in the beginning of March 2000 and
involved a complete review of documents previously received; a thorough
inspection of the original crime scene; further examination of the existing
evidence, including specific forensic tests on items obtained during the
initial investigation. Re-interviews were conducted with all possible
witnesses and police officers involved in the first investigation
- During the reporting period, one of the main suspects confessed to the
murder in the presence of local police and international police monitors, who
attest to the voluntary nature of the confession. The suspect later
corroborated his confession before investigative judge thereafter. The
appropriate judicial procedure has now been activated. Additionally, the team
leader from the first investigation was served a non-compliance report and was
the subject of an internal investigation. He resigned prior to an impending
suspension. The investigative judge who initially directed operations at the
crime scene last August was also served with a non-compliance report.
International police monitors continue to follow the internal investigation is
currently underway in the Canton 3 Interior Ministry. Of particular concern
are the facts and circumstances surrounding the suicide of one suspect
initially interviewed by the Canton 3 police where harassment and assault by
police is alleged.
Violence against Women:
- The tragic consequences of lack of appropriate police action are
exemplified by the three domestic violence cases that were investigated by the
UNMIBH/IPTF international police monitors during this reporting period. They
demonstrate the perception of law enforcement agents that incidents within the
domestic sphere do not require their action.
- In each case the victims all died; two committing suicide and one killed
by her husband. In one of the cases, the police answered a call from the
victim and upon arrival at the house noticed injuries on the woman and her
juvenile daughter but simply offered to take her to the hospital. She
eventually committed suicide. In the other case resulting in suicide, it is
alleged that the husband had severely assaulted his wife precipitating
stillborn childbirth. In the third case, the husband had returned home
intoxicated and after his wife threatened to call the police he pulled out a
grenade and detonated it. Both the husband and wife died, in front of their
children.
- In each of these cases the victims reported previous incidents of
harassment and physical intimidation to the police. Investigations were not
conducted nor were arrests made after police characterization of the assault
as involving only light bodily injuries and thereby only actionable upon a
personal complaint. This in itself is a violation of domestic criminal
procedure. In both the RS and Federation the police must not and cannot
determine what charges/crimes have been committed and must leave it up to the
prosecutor. The failure of local authorities to effectively respond and
investigate these incidents contributed to the loss of life.
- In a welcome departure from past police and judicial practice concerning
domestic violence cases, an alleged perpetrator of domestic violence is now
defending charges of imperiling the security of a cohabitant, spouse or parent
of child (article 190(3) Federation Criminal Code) in front of a Zenica
municipal judge. The accused is alleged to have mistreated, harassed,
intimidated and assaulted his wife over a period of four years in Zenica.
Initially, the local police were reluctant to intervene in what they
considered to be a private dispute, and were ready to respond only if a
personal complaint was lodged to the prosecutor. Upon the insistence of
international police monitors, the local police carried out a full
investigation, based upon a continuing and constant harassment, and eventually
submitted a report to the municipal prosecutor. The prosecutor subsequently
filed the above charge. During the reporting period, the first trial session
was convened, with the victim and perpetrator present. The defendant exercised
his right to defend himself and attempted to justify his actions alleging
infidelity. The injured party gave evidence that was corroborated by a
subsequent witness. The judge will now summon a disinterested witness and the
second session will convene at the end of August.
- Trafficking in Women: During the reporting 43 women victims
of human trafficking were repatriated to their home countries. The women had
either escaped their captors or had been freed through police raids on local
bars and cafes. Twenty-one of the victims came from Moldova, 13 from Romania,
7 from the Ukraine, 1 from Belarus and one from Serbia. Amongst the 43 two
were juveniles (under 18) from Romania. It is now becoming more common for
trafficked victims to give testimonies to an investigative judge with a view
to giving evidence against bar owners and managers. There are 11 cases against
bar owners or local police that are ongoing. There has been some progress, in
particular, in one case a bar owner was successfully prosecuted and sentenced
for four months imprisonment and a fine of 5,000 KM for his involvement in the
procurement of persons for the purposes of prostitution. The conviction
followed a 25 May raid on the above-mentioned café bar by local police after
one foreign, trafficked victim managed to escape and report to the local
police and the IPTF. The local police found five foreign women, two of which
testified that they had been held in servitude. The local police also
thoroughly searched the premises seizing documents. At the time of the raid
the owner was not present, however, he was later arrested by local traffic
police. At the subsequent trial, the victim's statements and the seized items
were presented as evidence, in addition to the oral testimonies of two key
witnesses (waitress and cashier of the café bar). The defendant admitted guilt
stating that he had paid for the women.
- Registration of Law Enforcement Personnel: During the
reporting period, UNMIBH/IPTF registered 4195 police personnel. The number of
police officers who were provisionally authorized to exercise police powers by
the IPTF Commissioner and given UNMIBH/IPTF identification during the
reporting period amounted to 3,362. These officers are from Foca Public
Security Centre, RS Ministry of Interior, Canton 6, Canton 9 and the Brcko
District. According to UNMIBH policy, only those officers displaying
UNMIBH/IPTF identification can exercise police powers.
- Republika Srpska returns asylum seeker to FRY in violation of
International Refugee Law. The arrest and deportation by the Laktasi
police in early June of a citizen of FRY who had claimed asylum in BiH is a
violation of international and domestic laws protecting refugees and asylum
seekers. The basis for the arrest and deportation was a warrant for desertion
issued by a FRY court, endorsed by an order from the Banja Luka Public
Security Centre (Ministry of Interior). Full details of the claim are
currently being investigated, but it is clear that the BiH law on immigration
and asylum, protecting asylum-seekers from expulsion to their country of
origin, was one of a number of national and international provisions breached.
The IPTF has issued a non-compliance report against the Chief of Criminal
Police within the Ministry of Interior.
- Police Academies: On 29 May 2000, a ceremony was held at the
Federation Vraca Police Academy in Sarajevo for the cadets who graduated from
the class that commenced in November 1999. The graduates included 6 Bosniaks,
16 Bosnian Croats, 56 Bosnian Serbs and 6 others. They included 57 males and
27 females. The graduates all received UNMIBH/IPTF identification.
- Removal of provisional authorization to exercise police
powers: The IPTF Commissioner removed the provisional authorisation to
exercise police powers from two Bosnian Croat, Canton 7 (Capljina police
administration) police officers. The officers were involved in the illegal
arrest/deprivation of liberty and physical assault of a Bosniak member of
Federal Parliament and two other Bosniak police officers from Canton 7 during
the night of October 2/3 1998. The incident occurred during the infamous
Tasovici incident in Capljina Municipality where a Bosniak minority returnee
was killed when an explosive device was thrown into his house he had just
re-occupied. The two officers committed the illegal acts in collaboration with
and under the direct supervision of the then Chief of Capljina police
administration. The IPTF Commissioner immediately disqualified the Chief of
Police from police service and severed his authority to exercise police powers
away from him indefinitely and anywhere within BiH. The two officers have been
informed as well as the Canton 7 Minister of Interior and his Deputy and the
Federation Minister and his Deputy. The Canton 7 Minister of Interior is now
obliged to ensure that the two officers hand in their police-issued side arms,
uniforms and UNMIBH/IPTF identification in the presence of the IPTF
Adviser.
- Police Commissioner Project: During the reporting period the
Canton 9 Assembly adopted by a unanimous vote the Law on Amendments and
Additions to the Law on Internal Affairs of the Sarajevo Canton without
changes, thereby providing legal basis and justification for the establishment
of the Police Commissioner. Article 14 of the Law on Internal Affairs now
reads:
"The Assembly of the Sarajevo Canton shall, within 15 days from the day
this law comes into effect, appoint the Independent Board, and the appointment
of the Police Commissioner shall be carried out within 30 days from the
Independent Board is appointed".
The adoption of this law represents a milestone in the continuing efforts
to create a democratic and apolitical police service. It also signifies the
Canton's commitment to this principle. Under the appropriate supervision of
the Minister of Interior, the Police Commissioner will manage and direct all
police operations linked to safety of citizens and to the prevention and
detection of crime. Candidates must be apolitical and have a minimum of 15
years police experience and 8 years managerial experience. The next step now
is to ensure that the selection and appointment of the Independent Board and
the Police Commissioner will take place according to adopted criteria. Plans
are now underway to establish police commissioners in all Cantons, Federation
Ministry, and the RS.
Judicial Reform:
- The formal establishment of judicial commissions in the Federation
and high judicial and prosecutorial councils in the RS provide key elements
for an independent and impartial judiciary. These bodies will lead the
implementation of the recently imposed Federation Law on Judicial and
Prosecutorial Service and the recently adopted RS Law on Courts and Court
Service and Law on Public Prosecutors Office, and provide a
merit-based, non-political structure for the appointment, discipline and
dismissal of judges and prosecutors. During an 18-month-long extraordinary
period of review all current judges and prosecutors will be scrutinised
and vetted if need be to ensure that they meet the standard of professionalism
set out in the laws. The vetting process should finish by the end of
2001.
- Unified Judicial Structure in the Herzegovina-Neretva Canton
Created: In spite of many attempts at obstruction and delay, all
Cantonal and Municipal Courts and Prosecutor's Offices have now been properly
established. The process of creating a Mostar Central Zone Court and
Prosecutor's Office has also been initiated with the selection of candidates.
It is expected that these bodies will be established by 15 September. Cantonal
authorities have further agreed with OHR to transfer the Mostar land register
from the competence of the West Mostar Court to the Central Zone Court. These
developments together effectively put an end to the existence of parallel
judicial structures in the H-N Canton.
- Important Developments in Canton 10: Canton 10 and
particularly Livno and Tomislavgrad have qualified over the past few years as
being the most obstructionist in terms of implementation of the rule of law
and has therefore been placed under heavy international community monitoring.
Some movement is now visible. With the resignation of the last active Public
Prosecutor in Tomislavgrad, the municipal prosecutorial structure in the
Canton is basically empty. The Minister of Justice, and the international
community agreed upon a three month program for hiring new prosecutors and
reforming the structure of Cantonal and Municipal Prosecutor's Offices. The
Federal Prosecutor's Office supports this effort. The program should be
complete by 30 September 2000. All positions will be filled in accordance with
the new Law on Judicial and Prosecutorial Service.
- JSAP report on Revised Amnesty Legislation suggests that RS
authorities generally respect the law: The report was published in
June and is based on the review by six JSAP teams of the activities of sixteen
RS courts with respect to amnesty law. The report concluded that whilst
amnesty was not fully and correctly applied to all those entitled to it, in
general it was granted appropriately. The report also concluded that there was
little likelihood that anyone entitled to amnesty would be arrested and that
should encourage return. Additionally, the report suggested that the 1998
amendments were oversimplified; that there was a lack of supervision from the
Ministry of Justice and District Courts; and that the judicial system had
failed to provide a coherent approach to a simple task.
Right to a Fair Trial
- Domestic war crime
prosecution:
- The Mostar multi-ethnic court announced its first ruling on July 26,
sentencing three Bosnian Muslims to jail in the so-called Golubovic case. The
defendants Miralem Macic, Josuf Potur and Adem Landzo were found guilty
as charged for war crimes against civilians and sentenced to 12, 9, and 12
years respectively. The case is significant enough as the first war crimes
case tried in the multi-ethnic Cantonal Court, by a panel composed of members
of all three constituent peoples. Significantly, three former Bosniak members
of the RBiH army on active military duty during the war were found guilty of
war crimes against civilians for the July 1992 murders in Konjic of five
Bosnian Serbs (Djuro and Vlasta Golubovic and their two young children Petar
and Pavle, and Branko Djogic). Prior to its processing by the local judiciary,
the case had been reviewed by the ICTY Office of the Prosecutor as required
under the "Rules of the Road" procedure.
- Five former HVO soldiers, wanted for war crime, remain at large
after the published indictment eight months ago: The Cantonal
Prosecutor in Mostar requested the ICTY to take over the case of Zeljko
Dzidzic, Mato Anicic, Ivan Skutor, Zoran Solda and Erhad Poznic. The five
former HVO soldiers are accused of war crimes against civilian population and
war prisoners in 1993. The Cantonal Prosecutor also requested the
Stabilization Force (SFOR) undertake the arrest. This request illustrates the
inability or unwillingness of local authorities to implement the rule of law
in this Croat controlled part of the country. The indictment issued on January
11, 2000 led to the dismissal of local police senior officials, who refused to
implement the arrest warrant. The Federation Ministry of Interior issued on
August 10 a wanted list, ordering all the police administrations in BiH to
arrest the five Mostar Croats.
- The national police arrested on June 6 Miroslav Pandurevic, a
Bosnian Serb. The arrest is based on a warrant which is in compliance with the
so-called "Rules of the Road". Pandurevic is charged with war crimes against
civilians and the investigation face before the Sarajevo Cantonal Court began
immediately after his arrest.
- On August 28 a special police unit of the Federation arrested Dominik
Ilijasevic, a Bosnian Croat, suspected of committing war crimes against
civilians. Ilijasevic, 35, was indicted by the Cantonal court in Zenica,
central Bosnia. The arrest warrant was issued on August 9. He is being
detained in the Zenica prison where he awaits trial.
International War Crimes Tribunal
- Ongoing Trials before the ICTY: Dusko Sikirica,
pleaded "not guilty" to all charges, including genocide, during his first
appearance before the Tribunal court on July 7. Sikirica, who was arrested on
June 25 in Prijedor by SFOR troops, was wearing a cast on his left arm and a
bandage on his nose - evidence of the "minor injuries" he sustained during his
arrest. Neither Sikirica nor his temporary defence counsel lodged any
objections to the circumstances of the arrest. Sikirica is accused, as former
commander of the Keraterm detention camp, of genocide, crimes against humanity
and violations of the laws and customs of war.
- The prosecution's case against General Radislav Krstic entered its
final stage at the end of June. Prosecutors presented a detailed
reconstruction of Operation Krivija 95 - codename for the offensive by the
Republika Srpska army, VRS, against the Srebrenica enclave in July 1995.
Srebrenica fell on July 11. Over the following two days some 25,000 women and
children were deported from the UN base in Potocari and thousands of men
trying to make their way on foot to the territory controlled by the Army of
Bosnia-Herzegovina, were detained and executed. Krstic, who according to the
indictment was commander of the Drina corps, is accused of genocide for his
alleged role in the crimes in Srebrenica.
- On July 21 the Appeals Court upheld the sentence of former paramilitary
commander Anto Furundzija, 31. Furundzija was sentenced to 10 years in prison
in December 1998 in a trial that was the first to deal exclusively with rape
as a war crime and the first to hinge on the events of a single day.
Furundzija, arrested in a night raid in December 1997 by SFOR troops,
commanded a Bosnian Croat unit known as "The Jokers" and failed to intervene
when a Bosnian Moslem woman was raped by a subordinate during an
interrogation.
Missing Persons / Exhumations
- As the exhumation period is at its peak, no figures are yet available. A
full report on the status of exhumations is to be published in the November
edition of the Quarterly report
Economic and Social Rights
- Law on Amendments to the Federation Labor Law is adopted.
Article 143, passed in October 1999, was one of the most contentious issues
within the Labor Law. This provision allowed former employees of enterprises
who were dismissed or forced to leave their communities during the war to
reclaim their employee status with their former employers. According to the
new law, those on the waiting list had a right to compensation or
reinstatement to their former jobs.
- The passed amendments to the article 143 include a reduction in the
compensation. The amendment also established an appeals commission to address
those who believe they should be on the reopened waiting list and who claim
discriminatory treatment. This law, if applied properly, should considerably
support the sustainability of returning DPs and refugees.
- Governments of both entities endorse the agreement on implementation
of pension and disability insurance. An Agreement on the Mutual Rights
and Obligations in the Implementation of the Pension and Disability Insurance
entered into force in the RS and in the Federation respectively on 5 June 2000
and on 30 June 2000. If implemented, this agreement should benefit refugees
and displaced persons. The agreement is a first step towards the establishment
of a mechanism for exchanging information between the three existing funds
(Bosniak, Bosnian Serb and Bosnian Croat) which is essential for calculating
contributions, identifying those who are obtaining pensions from two or even
three funds. Although this agreement is a step in the right direction, the
country is still very far from establishing a reasonably regulated pension
system. In addition, the merger between the two Federation funds, called for
by the international community, does not seem to be envisaged in the
foreseeable future.
- Privatization process remains the subject of serious human rights
concerns. In particular, unresolved issues of ownership and the
ability of ordinary citizens to participate continue to plague the process.
Employees are increasingly submitting complaints about irregularities and the
impact of the process upon their employment. In response the international
community has recently undertaken to introduce new regulations attempting
aimed at improving the overall financial and legal framework of the
privatisation process.
- On 22 May 2000, OHR dismissed the Federation Privatisation Agency
Management Board Director;
- On 18 August, the High Representative issued a decision amending the
Federation Law on Funds Management Companies and Investment Funds;
- An international review is underway for 14 companies located in
HDZ-controlled areas where Bosniak-controlled factions of the Federation
government are alleging misfeasance.
- On 22 June 2000, the Human Rights Chamber issued the provisional
measures freezing the joint venture deal between the Agrokomerc
Company in Velika Kladusa and the Perutina Ptuj Company in Slovenia
for 90 days. The Chamber found that ownership of Agrokomerc had not
been clearly established, and concluding the deal would have an irreversible
impact on shareholders who might in fact own the company.
Cultural Rights: Right to Education
- Education Ministers obstruct the implementation of the 10 May 2000
Education Agreement. The RS Minister of Education and the Federation
Deputy Minister of Education are obstructing the implementation of the
"Curricular modules on language, literature, culture and culture of
religions" on the opinion this measure allegedly infringes on the identity
of the Bosnian Serb and Bosnian Croat people. The international community
insists that at least 40 hours per year should be devoted to these modules,
which have yet to be produced, which overall represent between 20 and 30% of
the total number of hours per year devoted to these subjects in the present
curricula. The Ministers oppose this core harmonization measure, despite their
earlier endorsement of the measure under the May 2000 Agreement. The Croat
Deputy Minister also obstructs the teaching of the Cyrillic alphabet before
the fourth grade of primary education, on alleged pedagogical grounds.
- Agreement has been reached on use of the Mostar Gimnazija:
On June 28 a political agreement was signed by the Herzegovina-Neretva
Governor, Mayor and Deputy Mayor of the City of Mostar, Ministry of Education
and respective Heads of Mostar municipalities in relation to the future use of
the Mostar Gimnazija. In November last year the tension heightened concerning
the building when the Grammar school of Municipality Mostar South West (Croat
controlled) unilaterally moved into a reconstructed portion of the building
located in the de facto Croat controlled section of the Central Zone. Upon its
implementation the Agreement will allow the sharing of a number of facilities
in the city and possibly some level of integration between students.
- Sweeping proposals for change at the Mostar (West)
University. Following a deadlock over the past few months between
Chancellor Marko Tadic and the Deans of the Faculties of the University of
Mostar (West), the Steering Board of the University adopted a series of
measures that precipitated the resignation of all its members. The
international community hopes that these proposals will not have an adverse
impact on the functioning of the University and that the indispensable process
of strategic restructuring that had begun will be continue. Questions remain
about the legal ability of "Croat Community of Herzeg - Bosna" to determine
university policy. The authority to define education policy generally rests
with the Cantonal government.
- Bugojno, Vares, Stolac and Prozor-Rama: Micro management for
global solution? In these four municipalities, the international community
pressured the local authorities into accommodating pupils from returnee
families under the roof of existing primary schools. Previously they had been
accommodated either in inadequate premises, like in Vares and Bugojno, or in
"home" schools as in Stolac. The international community considers this
solution as an interim one and continues to pressure the responsible
authorities to facilitate the gradual classroom integration until the 10 May
2000 Education Agreement is fully implemented; or until a joint core
curriculum is adopted. An acceptable joint curriculum must leave ample space
for the expression of each constituent people' s cultural identity. In the
case of Bugojno, Prozor-Rama and Vares, it took more than one year to arrive
at an agreement between the two communities while in Stolac the Bosniak
returnee pupils have been using the existing school facilities since early May
2000.
Freedom of Expression and Media
- Free Media Help Line: a revealing initiative. The Department
of Media Affairs of the OSCE established the Free Media Help Line in November
1999 with the aim of fostering the protection of journalists' rights and
promoting freedom of expression. Since its establishment, 104 journalists have
contacted the Help Line, either seeking help and or reporting incidents or
perceived threats.
- Of them, 39 incidents have been reported since the May HRCC Quarterly
Report was issued. It must be noted that a public information campaign about
the Help Line was launched on 3 May, which raised awareness about this
mechanism. Of the 39 most recent cases, 26 were registered in the Federation
and 13 in the RS. The largest category of cases - 16 - constituted explicit
threats. The following tables present all cases reported to date, classified
by category and Entity:
|
Categories |
Fed |
RS |
Total |
|
Fed |
RS |
Total |
Final total |
|
DEFAMATION |
12 |
4 |
16 |
|
1 |
3 |
4 |
20 |
|
EXPLICIT THREAT |
9 |
4 |
13 |
|
13 |
3 |
16 |
29 |
|
IMPLICIT THREAT |
3 |
- |
3 |
|
1 |
1 |
2 |
5 |
|
INTIMIDATION |
3 |
1 |
4 |
|
|
1 |
1 |
5 |
|
HARASSMENT |
5 |
1 |
6 |
|
2 |
1 |
3 |
9 |
|
LABOUR DISPUTE |
3 |
2 |
5 |
|
- |
- |
- |
5 |
|
PRESSURE BY TAX AUTHORITIES |
1 |
- |
1 |
|
1 |
- |
1 |
2 |
|
PHYSICAL ATTACK |
3 |
6 |
9 |
|
3 |
1 |
4 |
13 |
|
INTERFERENCE |
2 |
2 |
4 |
|
4 |
- |
4 |
8 |
|
DENIAL OF SERVICES |
1 |
1 |
2 |
|
- |
2 |
2 |
4 |
|
OTHER |
2 |
|
2 |
|
1 |
1 |
2 |
4 |
|
TOTAL |
44 |
21 |
65 |
|
26 |
13 |
39 |
104 |
Notably, of the total cases reported (104) it has been observed that 95.2% of
cases were committed by the following five categories of
perpetrators:
| Government/Political Party Officials: |
36 reported cases (34.6%) |
| Anonymous: |
22 reported cases (21.2%) |
| Unaffiliated Individuals: |
19 reported cases (18.3%) |
| Media Outlet Personnel : |
16 reported cases (15.4%) |
| Police: |
7 reported cases (6.7%) |
- Two local journalists - Edin Avdic from Slobodna Bosna and Ljubisa
Lazic from Srpsko Oslobodjenje harassed by politicians. Edin
Avdic case: Mr. Avdic alleged that Muhamed Korda, a local businessman,
publicly threatened him on 10 June in front of two witnesses for writing about
cultural activities of the SDA. Mr. Korda is known to have participated in the
organisation of a number of SDA-supported cultural events. According to Mr.
Avdicąs report, Mr. Korda warned the journalist to stop writing these
uncomplimentary articles. Several hours later, Mr. Avdic reported that he was
assaulted at the entrance to his own home, and was hit in the face several
times by two men who gave him the same message Mr. Korda had delivered.
According to the journalist, this second attack was also accompanied by a
death threat. The police announced that criminal charges would be brought
against Mr. Korda based upon this report. Further, based on this incident and
two other related incidents of SDA-based intimidation of journalists, the
international community took a strong public position condemning the political
intimidation.
- Ljubisa Lazic case: Ljubisa Lazic was physically attacked in the
premises of Radio Srpsko Sarajevo on 12 August by Marko Asanin,
president of the SNSD (Party of the RS Independent Social-Democrats) Regional
Board Srpsko Sarajevo. Lazic suffered injuries that were confirmed by the
hospital staff who treated him after the incident. Mr. Lazic alleged that this
attack was the culmination of a series of threats and harassment by Mr.
Asanin, who is said to have once lobbied to have local media excluded from
sessions of the assembly of Srpsko Novo Sarajevo municipality. Mr Lazic also
alleged that Mr. Asanin had pressured local media to report only the position
of his political party, the SNSD. The local police have filed charges against
Mr. Asanin and two alleged accomplices.
Domestic Human Rights Protection
Progress in the work of the Institutions:
Human Rights Ombudsman

- Amicable Solutions: During the reporting period, the
Ombudsman achieved amicable solutions and closed cases in fourteen matters
involving the Federation of BiH and in eleven cases concerning the Republika
Srpska. All cases concerned property. The applicants were reinstated into
their apartments within the time limits established by the Ombudsman or
relevant decision on their reinstatement has been issued.
- Implementation of Ombudsman Reports: Republika Srpska
authorities fully complied with the Ombudsman's recommendations regarding
three cases in which the failure of the competent administrative organ to
enforce its decisions and to restore the possession over the apartments had
been found to violate the human rights of the applicants. The Ombudsman had
recommended that authorities of Republika Srpska ensure that the applicants be
reinstated into the apartments.
- During this period the Federation Government reported implementation of 53
cases of ownership registrations of JNA apartments that the applicants
purchased between 1991-1992 but were unable to register their ownership. The
Federation also implemented recommendation in other five cases involving
repossession of relevant apartments.
(More information about the work of the Ombudsman is available at http://www.ohro.ba/index.htm.)
Human Rights Chamber

- New Decisions: The Human Rights Chamber met three times
during the reporting period and issued twelve decisions on the merits,
striking out or ruling inadmissible 117 cases. These cases may be viewed on
the Chamber's web site (http://www.gwdg.de/~ujvr/hrch/hrch.htm)
or, alternatively, copies may be obtained by contacting the Chamber in
Sarajevo at Musala 9, tel. (387-33) 212-064.
- The twelve decisions on the merits concerned pension rights, employment
rights, freedom from arbitrary arrest and detention, occupancy/property
rights, fairness of criminal procedure. In the most significant of these, the
Chamber found the Federation to be in violation of Article 1, Protocol 1 of
the European Convention on Human Rights in the so-called "frozen bank
account" case. The Chamber found that the privatisation process, as
applied, failed to strike a "fair balance" between the general interest and
the protection of the property rights of the applicants as holders of old
foreign currency accounts. The authorities sought to compensate asset holders
of frozen bank accounts with privatisation vouchers instead of cash.
- In the cases of Milovan Poropat, Senija Poropat, Muradifa Seremet and
Muhamed Hrelja v. Bosnia and Herzegovina and the Federation of Bosnia and
Herzegovina (CH/97/48, 52, 105 and 108), four so-called "frozen bank
account" cases, the applicants deposited foreign currency with commercial
banks in BH i.e. SFRY. Because of a growing shortage of such currency and
other economic problems, the withdrawal of money from these "old" foreign
currency savings accounts was progressively restricted by legislation enacted
during the 1980s and the early 1990s. Before, during and after the war in
Bosnia and Herzegovina the applicants were largely unable to withdraw money
from their accounts. They have initiated court proceedings in this matter but
their action has so far been unsuccessful and the proceedings are still
pending. According to legislation enacted by the Federation of Bosnia and
Herzegovina in 1997 and 1998, claims based on the old foreign currency savings
accounts are to be resolved in the process of privatization of socially owned
property. Instead of payment of outstanding pensions, salaries or savings, the
Bureau for Privatization issues "certificates" in the commensurate amounts.
According to the relevant legal provisions, these certificates can be used in
the privatization process to purchase apartments, municipal business premises
and shares and assets of enterprises. None of the applicants has so far
participated in the privatization process. Instead, they wish to have cash
disbursed from their bank accounts. The Chamber ordered the Federation (not
BiH) to "amend the privatisation programme so as to achieve a fair balance
between the general interest and the protection of the property rights of the
applicants as holders of old foreign currency savings accounts".
- In the case CH/98/934 Edin Garaplija v. the Federation of Bosnia and
Herzegovina the Chamber found that the applicant has been working as a
police officer for a Bosnian State Security Service. On 13 June 1997 the
Cantonal Court Sarajevo convicted him of abduction and attempted murder and
sentenced him to 13 years of imprisonment. The applicant essentially alleged
that he did not enjoy a fair trial, including the right to an adequate
defense. The Chamber found that the applicant was denied the right to be
present in person before the Supreme Court without reasonable justification.
Accordingly, the Chamber concluded that his rights under paragraphs 1 and 3(c)
of Article 6 of the Convention were violated and that the Federation was
responsible for it. With a view to remedy the violation found, the Chamber
ordered the Federation of Bosnia and Herzegovina to take all necessary steps
to grant the applicant renewed appellate proceedings.
- In the case CH/98/1124 et al., Fehreta and Refik Dizdarevic and others
v. the Republika Srpska the Chamber decided on of violations of the
applicants' property rights as protected by the ECHR and of discrimination on
the ground of their Bosniak origin in the enjoyment of those rights. The
Chamber first found that the inability of the applicants to regain possession
of their properties constituted violations of their rights to property and to
respect for their homes, as guaranteed by the ECHR. In respect of the
applicants in the 19 cases who have not fully regained possession of their
properties, these violations are continuing. The Chamber also found that the
refusal of the courts of the Republika Srpska to deal with their applications
to regain possession of their properties violated their rights of access to
court, as guaranteed by Article 6 of the Convention. The Chamber held that the
applicants had been discriminated against in the enjoyment of those rights, on
the ground of their Bosniak origin. The Chamber ordered the Republika Srpska
to enable the applicants who have not already done so to regain possession of
their properties, without further delay. Concerning compensation, the Chamber
awarded the applicants sums for moral suffering and also as compensation for
having to pay for alternative accommodation. These sums ranged from KM 1,200
to KM 4,400.
- Implementation of Human Rights Chamber Decisions:
Implementation of Chamber decisions increased from 10% in early 1999 to the
current 60%, in large part due to implementation of the July 1999 JNA
apartment amendments. However, progress in general was seen in the Federation,
as many occupancy right cases and compensation awards were implemented in the
reporting period. Republika Srpska also showed some progress in regard to the
implementation of property cases, but no mayor decisions has been implemented
nor any compensation has been paid.
- As an example of such delays, in the case of Islamic Community v.
RS (CH/96/29) of June 1999, the Human Rights Chamber ordered the RS
government to ensure that requests, filed by the applicants in March 1997, to
reconstruct seven mosques in Banja Luka, be granted without delay. However,
one year has passed without implementation by the authorities of this
decision. In addition, in the first case of the Chamber, Matanovic v.
RS, involving the disappearance of a priest in the RS, the RS authorities
were required to determine the fate or whereabouts of Father Matanovic. This
Decision has also not yet been implemented. More recent cases in which there
has been no implementation include another Islamic Community v. RS
(CH/99/2177) involving a requirement to revoke a municipal decision forbidding
burials in the Muslim cemetery of the town, as well as three Federation cases
requiring investigations into illegal arrests and detentions.
Commission for Real Property Claims of Displaced Persons and Refugees
(CRPC)

| |
Human Rights Chamber |
Ombudsman |
CRPC |
| Cases Registered |
5463 (+881) |
4889 (+813) |
276.177 (+17.177) |
| Cases Completed |
685 (+129) |
1963 (+214) |
110.640 (+13.000) |
Parentheses refer to changes from the 30 April 2000 HRCC report (in
respect of properties, rather than the number of claimants - one claimant may
have more than one property).
- As of end of July 2000, through its regional offices, the CRPC collected
215.739 claims related to 276.117 properties in Bosnia and Herzegovina, and
issued 110.640 decisions.
- In addition 31.064 property records for houses and apartments have been
checked for reconstruction purposes since August 1997. It is estimated that
10. 000 returns have taken place to these reconstructed properties.
- In order to obtain better enforcement of its decisions, the CRPC has been
meeting with authorities at all levels, and has seen some recent improvements
in the reporting period. It is working closely with international community
partners on the Property Law Implementation Plan (PLIP) on co-ordinated
strategies for addressing key problems relating to property law
implementation.
(More information about the work of the CRPC is available at http://www.crpc.org.ba)
Federation Ombudsmen
- On 8 August 2000 the Federation Ombudsmen issued Information on Water
Supply System Gorazde and its Settlements on the Outskirts. The problem
outlined in this information concerns inadequate water supply in Gorazde and
risk for citizens' health. The FBH Ombudsmen stressed that such situation was
mainly result of poor managing by Cantonal authorities. It was also emphasised
that citizens of Gorazde and its settlements have been paying huge bills for
the water, which do not satisfied hygienic standards. Following the
information from citizens and data already collected from the Assistant to FBH
Ombudsmen in Gorazde suggested establishment of Inter-party Commission which
main task is to provide adequate quantity of water; to provide drinking water
of good quality, and to have the most favourable price of water. The Ombudsmen
office continues to collect relevant data and information.
The report is available from the Federation Ombudsmen's office, which can
be contacted at ombudfbh@bih.net.ba, or at tel: (387-33) 211-392.
(More information about the work of the Fedearation Ombudsmen is available
at http://www.bihfedomb.org/men-eng.htm)
Ombudsmen of Republika Srpska
- The Ombudsmen of RS are in the process of establishing their offices.
Until mid-August, the ombudsmen had been hosted by the OSCE in Banja Luka.
They are renting their own premises to the RS Government, in Banja Luka city
center. The Ombudsmen will establish a central office in Banja Luka and four
Field Offices in the municipalities of Prijedor, Doboj, Bijeljina, and Foca/
Srbinje. Within the next month, training on the role and functioning of
ombudsman institutions is provided to the RS Ombudsmen by different national
institutions and international organizations. This process is expected to be
completed by the beginning of November, when the RS Ombudsmen will start to
receive complainants on a regular basis.
Future of the Institutions
- On 29 July 2000 the Federation Parliament adopted the Organic Law on the
Federation Ombudsmen. This law will regulate the appointment, powers and
responsibilities of the Ombudsmen in accordance with the Federation
Constitution. The law, which was drafted with the assistance of the Venice
Commission of the Council of Europe, conforms to European and international
standards and its adoption fulfils one of the criteria for membership of
Bosnia and Herzegovina in the Council of Europe. Twelve months after the law
has entered into force, the Federation Parliament will for the first time be
entitled to appoint the three permanent Ombudsmen to serve four-year terms.
The current Ombudsmen have been appointed by the OSCE.
- The draft Organic Law for the Ombudsman of Bosnia and Herzegovina has been
presented to the Parliament of BiH. This draft law, when passed, will ensure
continued international presence within this institution for a further three
years, while enabling BiH to assume responsibility for its continued
operation, as foreseen in Annex 6 of the Dayton Agreement.
HRCC Member OrganizationsOHR: 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 who 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
- Emerika Bluma 1
- Sarajevo, Bosnia
- tel: 387-71-447-275
- fax: 387-71-447-420
- web: http://www.ohr.int
OSCE: The OSCE mandate derives form Article 10 of Annex 6 of the
Dayton Agreement. The Human Rights Department advances civil, political, social
and economic rights including property, return, education, employment, and
others. The Human Rights Department interprets its mandate to include inter
alia: monitoring on and investigating allegations of human rights abuses and
training of national NGOs. Its 28 Field Offices and 4 Regional Centers allow the
OSCE to ensure the full coverage of the territory of BiH and makes the
organisation a direct actor in addressing human rights-related issues.
- OSCE Human Rights Department
- Dzenetica Cikma 2/4
- Sarajevo, Bosnia
- tel: 387-71-444-444
- fax: 387-665-236
- web: http://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 refugees and displaced persons to return to their homes
of origin. UNHCR provides international protection and assistance to refugees
and displaced persons, and other persons of concern. For more information about
UNHCR in Bosnia, please contact:
- UNHCR
- Unis Building Tower A
- Fra Andela Zvizdovica 1
- Sarajevo, Bosnia
- tel: 387-71-666-160
- fax: 387-71-470-171
- web: http://www.unhcr.ch
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 IPTF's 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
- Mese Selimovica 69
- Sarajevo
- tel: 387-71-496-265
- fax: 387-71-496-539
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
- PTT building, Mese Selimovica 18
- 71000 Sarajevo, Bosnia
- tel: 387 71 49 6402, 6403
- fax: 387 71 49 6438
-
1)This section of the Quarterly Report focuses heavily on the
eastern Republika Srpska based on available reports at the time of writing and
does not reflect all return movements and incidents in the Federation and
Western Republika Srpska.
2)It should be noted that the court ordered the fine of 2,800
Dinars, however, the official currency of BiH is the Convertible
Mark.
Office of the High Representative
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