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Rectors Tihi and Grandi,
Minister Hadziahmetovic,
Distinguished professors and guests,
Dear Students,
It is an honour and, of course, a pleasure to
address this gathering this morning. Just as the social, political, and economic
life of Bosnia and Herzegovina is recovering from the war -- slowly and often
painfully -- the academic life of the country is recovering too, and this
morning's ceremony, to award diplomas and inaugurate the new Academic Year,
testifies to the resilience of university education here in Bosnia and
Herzegovina.
The diplomas which will be awarded recognise the successful
completion of studies in Human Rights and Democracy in Southeast Europe. The
twinning of democracy with human rights in a degree course is appropriate, since
exactly this combination is imperative in practical politics. You can't have
human rights without democracy and you can't have democracy without human
rights.
This is, I know, a familiar tenet, yet it is
worth repeating. Too often, human rights are viewed as a desirable luxury, as an
aspiration which can be fulfilled when other more pressing practical issues have
been attended to. This is absolutely not the case. The protection of human
rights is not the icing on the cake of a successful democracy, it is an
indispensable ingredient of the very cake itself. The strengthening of
democratic institutions -- a central pillar of Bosnia and Herzegovina's post-war
recovery and a prerequisite of enduring peace - this strengthening of democratic
institutions is simply not possible without the comprehensive and effective
protection of human rights.
There has been a good deal of progress in this regard since the
end of the war, but not enough. For instance, of the nine human-rights related
laws whose passage was required before Bosnia and Herzegovina could become a
member of the Council of Europe, only three were adopted by the domestic
legislative bodies. The other six had to be imposed by me. Of the six laws which
I imposed, so far only one - namely the State Law on Citizenship -- has
subsequently been passed by the BiH Parliamentary Assembly.
The significance of this, Ladies and Gentleman, is clear and
unfortunately disturbing -- the political establishment of Bosnia and
Herzegovina hasn't yet grasped the centrality of human rights in the process of
post-war recovery. This must be addressed urgently. Politicians must see the
light, and academics can provide the necessary illumination. It will fall to
many of you in this room, including many of those receiving diplomas today, to
supply the tough, vigorous and applicable arguments that can change opinions and
promote legislation and bureaucratic and police practice that protects rather
than impairs human rights.
There has been noticeable progress, Ladies and
Gentleman, recently in the co-operation between the authorities in BiH and the
ICTY in The Hague. Human rights violations perpetrated during the war are a
stain on the recent history of Bosnia and Herzegovina. They cannot and must not
be allowed to cast a pall of bitterness and insecurity across the country
indefinitely. The arrest and transfer of ICTY indictees to The Hague is a
standing obligation which the authorities must fulfil. Time is running out for
those, including Radovan Karadzic and Ratko Mladic, who are still on the
run.
Following a BiH Human Rights Chamber ruling earlier this year,
my office has been pressing the Republika Srpska authorities to launch a new
investigation into the 1995 disappearance of Bosnian Army Colonel Avdo Palic,
and to arrange for compensation to be paid to Colonel Palic's wife. Colonel
Palic disappeared in 1995 after he was taken prisoner by Serb troops while
negotiating -- under UN protection - the evacuation of civilians from a conflict
zone. He is still missing.
No democratic society can properly function as long as cases
such as this are swept under the carpet, and as long as those responsible are
allowed to go unpunished.
Politicians must be made to see that Human Rights violations
undermine the foundations of decent society.
In the same way, political or administrative obstruction to the
process of refugee return is simply not acceptable -- the right of people to
live without fear is indeed fundamental. The latest figures confirm an
unstoppable momentum in the pace of refugee return in Bosnia and Herzegovina and
this is very encouraging. In the first eight months of this year, UNHCR
registered more than 50,000 minority returns countrywide -- an increase of
around 70 percent over the same period last year. Nonetheless, return-related
incidents continue and, again, this is absolutely unacceptable.
We must pick away with tenacity at the skein of prejudice,
bitterness and ignorance which sustains the widespread violation of human
rights, and we must set in place the legislative framework within which
violations can be addressed. By the end of July, both Entities' Constitutional
Commissions -- which I established in January to implement last year's
Constitutional Court ruling on the constituency of peoples -- had adopted
provisional reports on draft amendments to their respective Entity constitutions
which will ensure that no citizen of Bosnia and Herzegovina living in either
Entity can be subjected to statutory human-rights violations as a result of
ethnicity or religion. I urge Entity Parliaments to adopt amendments that will
contribute to this.
Following the events of September 11, questions have been
raised about the primacy of human rights in the face of a threat to collective
security. The response to these questions is straightforward -- if human rights
are curtailed in the defence of democracy, then the terrorists who attack
democracy have been handed a victory. Terrorism must -- and can -- be tackled
robustly and effectively without any erosion of citizens' rights. Under the
current law, the criminal code in both Entities sets out offences that can be
used against terrorists, and the police forces have powers to arrest and hold
suspects in the criminal process.
All of the tools available must be kept under review -
particularly when there is an increased threat.
The relevant ministries at State and Entity level are now
looking at possible new laws involving new terrorist offences, laws to oblige
disclosure of suspect funds, tightening up of laws on citizenship and
immigration, and possible emergency laws in the event of a heightened
international security threat.
The task before us, Ladies and Gentleman, is to
apply the appropriate laws efficiently and effectively.
Allow me to finish by congratulating those who will receive
their diplomas this morning and to commend the work of all those involved in the
university life of Bosnia and Herzegovina. You are doing valuable work, which
will produce practical as well as theoretical results.
Thank you so much.
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