INTRODUCTION

The mandate of the High Representative derives from the General Framework Agreement for Peace of 14 December 1995 (the Dayton Peace Accords).

Since 1995, good progress has been made in implementing that mandate. Nearly a million refugees and displaced persons have returned home. The physical infrastructure of the country has been substantially repaired. Freedom of movement has been established. A stable currency is in circulation across BiH. Macro-economic management has significantly improved. Some specific tasks in which the OHR had invested a great deal of time and effort over the years, such as media development, have been completed or handed over to the local authorities. Others in which the OHR has taken a leading role, such as refugee return, are on course to transfer to the BiH authorities by the end of 2003. Other aspects of the OHR’s work are not yet ready to make that transition: it is on these that the OHR must now focus unremittingly.

The purpose of this Mission Implementation Plan (MIP) is to identify the core tasks on which the OHR now needs to concentrate in order to accomplish its mission.

At this stage in OHR’s work, and against a background of shrinking resources, it is essential to distinguish between what is essential and what is merely desirable in order to make peace in BiH truly self-sustaining, and to put the country irreversibly on to the road to statehood within the European Union.

There will be many tasks that fall into the latter category. It is not the purpose of this document to gainsay their importance. Many may – and indeed should – be taken on by other international organizations. The OHR may be involved in some of them, but only if that can be done without undermining the organisation’s work on its core tasks as defined by the PIC.

To set priorities necessarily means making choices.  The OHR cannot, nor should it, do everything. It is not the role of the OHR, for example, to transform BiH into a first class economy or to make it a member of the EU, laudable as those aims may be. Our job is to bring BiH to the point at which it can continue its journey, like other transition countries, with substantial support from the international community, but without the unique and highly intrusive, and potentially dependency-inducing post-war support structure that OHR represents. As BiH passes from a post conflict to a more conventional transition country, the OHR itself will have to make the transition into a re-configured international presence more normal for a country embarked on the road to Europe. In order to do that, we need to prioritise our efforts, and concentrate our diminishing operational budget on those areas where we can make the greatest impact.

This Mission Implementation Plan will help us to do that. It sets one over-arching objective for the OHR, which is:

• To ensure that Bosnia and Herzegovina is a peaceful, viable state on course to European integration

In order to accomplish that objective, it sets out six core tasks for the organisation, and several programmes under each task: 

1. Entrenching the rule of law
2. Ensuring that extreme nationalists, war criminals, and organized criminal networks cannot reverse peace implementation
3. Reforming the economy
4. Strengthening the capacity of BiH’s governing institutions, especially at the State-level
5. Establishing State-level civilian command and control over armed forces, reform the security sector, and pave the way for integration into the Euro-Atlantic framework
6. Promoting the sustainable return of refugees and displaced persons

This Mission Implementation Plan lists 21 programmes on which the OHR will concentrate in order to achieve its core tasks. Each programme identifies a transition point at which it could either be judged complete or in a position to be handed over to the BiH authorities, often in concert with another international organization.

The cooperation of local authorities is essential to meeting the OHR’s objective of a peaceful and viable Bosnia and Herzegovina on course to European integration. Failure to co-operate and meet peace implementation obligations may require the PIC to invoke a more stringent approach to conditionality.

OHR will continue to work in close and equal partnership with the BiH authorities to implement the Justice and Jobs targets and the reforms contained within the MIP in order to accelerate progress toward a Stabilisation and Association Agreement for BiH. 

It should be noted that the speed of our progress towards transition – towards a reconfigured IC that has relinquished its executive power – will be determined not by rigid timelines, but by an ongoing assessment of the situation on the ground.  Is the dynamic of obstructionism in Bosnia and Herzegovina being replaced by a dynamic of reform?  Is peace enduring?  Is the BiH State viable?  Is the country on course for European integration?  Only when we are satisfied that sufficient progress has been made in this respect will we be able to declare our mission implemented.  It follows from this that the faster our colleagues in the BiH authorities implement reform, the sooner the OHR can complete its work.

This Mission Implementation Plan is, by necessity, a living document. It will need to be flexible. It may, for example, be necessary to add tasks or programmes in the light of developments, or to remove them. Each programme will have a detailed implementation plan that will be regularly updated, and progress toward completion will be reported every six months. In that way the MIP will offer a transparent overview of OHR’s total effort. It will be an important tool in gauging our performance, the deployment of our resources, and our accountability to our paymasters and to the people of BiH.

PADDY ASHDOWN

Sarajevo, January 2003 

Mission Statement 

The position of High Representative was created under the General Framework Agreement for Peace in Bosnia and Herzegovina of 14 December 1995 to oversee implementation of the civilian aspects of the Peace Agreement.  

In pursuit of his mandate, and at this stage in peace implementation, the mission of the High Representative is to work with the people of BiH and the international community, 

To ensure that Bosnia and Herzegovina is a peaceful, viable state on course to European integration

Table of Tasks 

1.1 Programme: Reform key laws, regulations, and measures
1.2 Programme: Development of an independent and effective
      judicial and prosecutorial service

1.3 Programme: Build State-level criminal justice institutions
1.4 Programme: Restructuring of courts and prosecutors offices

2.1 Programme: Anti-crime and corruption assistance
2.2 Programme: Reinforce the rule of law by dislodging
obstructionist networks from key institutions

3.1 Programme: Create a business environment capable of 
      attracting investment and generating jobs

3.2 Programme: Tax reform, including the introduction of 
      BiH-wide, EU-compatible VAT

3.3 Programme: Customs reform

3.4 Programme: Public Corporations

4.1 Programme: Reform of the Council of Ministers (CoM)
4.2 Programme: Accountability of elected officials

4.3 Programme: Reform of public administration

4.4 Programme: BiH State management of identity documents
4.5 Programme: Integration of Brcko

4.6 Programme: Promoting Regional Stability and Co-operation

5.1 Programme: State-level command and control

5.2 Programme: BiH Parliamentary oversight over the armed forces

5.3 Programme: BiH Security Policy

6.1 Programme: Property law reform and implementation
6.2 Programme: Sustainability of returns

The rule of law, and equality before the law, is the foundation of a viable state. Without rule of law, Bosnia and Herzegovina cannot survive as a state, let alone integrate into European structures.

The rule of law requires a modern legal code and criminal procedures that protect the rights of the innocent while facilitating the pursuit of criminals. It requires qualified judges and prosecutors who are independent. It requires skilled and dedicated police. It requires a properly trained legal profession that maintains standards of professional conduct and integrity. All of these elements must be properly funded and equipped to do their jobs. All citizens should have equal access to a fair and unbiased justice system, where the decisions of courts are recognised and enforced throughout BiH.

1.1             Programme: Reform key laws, regulations, and measures

a.          Description: Establish modern civil, commercial, and criminal codes and procedures, measures for the security of judges and witnesses, regulations for administrative disputes, as well as laws governing obligation and enforcement of civil judgments.  Additionally, proper appellate procedures and adequate measures for asset forfeiture and addressing complex trans-border or cross-entity criminal matters, such as illegal immigration and money laundering, will be put into place.
b.        Transition Point: Adoption and application of the above laws, regulations, and measures, as well as training of the legal community well underway.
c.         Contact: Ambassador Fassier, SDHR/F

1.2             Programme: Development of an independent and effective judicial and prosecutorial service

a.       Description: High Judicial and Prosecutorial Councils (HJPCs), assisted by international lawyers, and designed to preserve the independence and integrity of the judiciary, have been established to reappoint judges and prosecutors to courts throughout BiH. Judicial Training Centers for judges and prosecutors are also being established.
b.       Transition Point: Completion by the HJPCs of the re-appointment of judges and prosecutors; effective disciplining of misconduct by judges and prosecutors; the enactment of budgetary recommendations for the judicial and prosecutorial branches. Judicial Training Centers are functioning.
c.        Contact: Ambassador Fassier, SDHR/F

1.3             Programme: Build State-level criminal justice institutions

a.         Description: The responsibilities of the BiH State in the field of justice include international and inter-entity crimes. The establishment of the BiH State Court and the BiH Office of the Prosecutor, currently underway, and a BiH Court Police, are required so that offences falling in those categories can be prosecuted. The BiH State Court will also have administrative competencies and be the ultimate court in electoral matters. Special Panels and a Special Department for the investigation, prosecution and hearing of cases of Organized Crime, Economic Crime and Corruption are being established at State and Entity levels to address these complex crimes. In addition, arrangements need to be drawn up to permit the domestic prosecution of war crimes. The OHR has a role to play in this task. For an initial period of time, international judges and prosecutors will be assigned to the Special Panels and the Special Department to assist with these complex cases and to develop the proficiency of national judges and prosecutors in this area.
b.         Transition Point: BiH State authorities discharge international and domestic obligations in the field of justice and internal affairs. The BiH State Court and prosecutors office are functioning and dealing effectively with administrative and criminal matters under their jurisdiction. The presence of international jurists in the Special Chamber for Corruption and Organized Crime can be decreased.
c.         Contact: Ambassador Fassier, SDHR/F

1.4             Programme: Restructuring of courts and prosecutors offices

a.         Description: Restructuring of courts and prosecutors offices seeks to boost the effectiveness of the judicial system while reducing costs by streamlining the number of courts and judges. The prosecutorial service is being restructured by eliminating Municipal and Basic Prosecutors offices throughout BiH and consolidating these offices at Cantonal and district level to limit the possibilities of intimidation, rationalise expenditure, and increase effectiveness by facilitating specialisation. This process will go hand-in-hand with reforming the law on courts, assistance in modernising court administration, measures to address administrative disputes more efficiently, and efforts to achieve transparency in budgeting for the courts. The savings generated by restructuring must be re-invested in the justice sector in the years to come.
b.         Transition Point: Restructured courts and prosecutors offices are operating and are disposing of the case backlog. The system is capable of handling high-profile, complex cases. Continued international monitoring and support are available, and court administration projects are continuing. The costs of operating the judicial system have been reduced, and the benefits of re-structuring are being re-invested in the modernization of the judiciary.
c.         Contact: Ambassador Fassier, SDHR/F

Peace will not be secure if extreme nationalists, including war criminals, routinely supported by organized crime, retain sufficient power to destroy it.

The grip of organized crime and political extremism over political and economic life in BiH must be broken. The continuum from investigation to incarceration needs to be put in place to combat the most serious organized crime threats, to prevent them from undermining BiH and to help the country become a reliable partner in the global fight against terrorism and organized crime.

2.1             Programme: Anti-crime and corruption assistance

a.         Description: The provision of the necessary international support and investigative tools to the criminal and civil justice systems for dealing with the most dangerous anti-Dayton forces and their linkages with organized crime and corruption in BiH. The arrest of ICTY indictees, in particular of Ratko Mladic and Radovan Karadzic, remains a major priority. OHR will continue to assist those local and international bodies, in particular ICTY, engaged in bringing these individuals to justice.
b.         Transition Point: Political obstructionists and organized crime are no longer able to prevent or reverse implementation of the peace accords, and criminals and ICTY indictees are being brought to justice. International support networks are in place to continue the permanent effort against transnational organized crime and global terrorism.
c.         Contact: Ambassador Fassier, SDHR/F

2.2             Programme: Reinforce the rule of law by dislodging obstructionists networks from key institutions

a.          Description: The autonomy of the public sector institutions (civil service, public broadcasting, law enforcement and security services, public corporations etc.) from criminal and extremist forces must be established and preserved. Those holding responsible positions must be free from political interference, carefully selected to ensure their suitability for their posts, and removed when they abuse their offices.
b.         Transition Point: Effective institutional safeguards, as described elsewhere in this document, are in place and operating, rendering obsolete the need for international intervention/removals. The ability to address serious abuse of office and maintain institutional autonomy from corrupting political forces has been demonstrated.
c.         Contact: Ambassador Hays, PDHR

Economic well-being reinforces political stability. To be stable and secure as a state, BiH needs an economy that promotes legitimate enterprise, both within the country and internationally. This requires substantial free market reform. BiH must establish a single market within its borders, do away with bureaucratic rules and regulations that deter investors, and put in place a business friendly tax regime. The country needs to engage in rapid, fundamental and EU-compatible economic reform.

3.1       Programme: Create a business environment capable of attracting investment and generating jobs

a.         Description: A package of measures needs to be implemented to attract investment and support private enterprise (especially small and medium-sized enterprises), chiefly by removing barriers to business rather than creating new laws, reforming the land ownership registry to promote confidence in ownership, and setting up agencies that command international confidence to certify products and services for export.
b.         Transition Point: Legal barriers to the flow of goods and services between the Entities have been removed and legitimate investment, commerce, small business generation and job creation are increasing.
c.         Contact: Ambassador Hays, PDHR

3.2       Programme: Tax Reform, including the introduction of BiH-wide, EU-compatible Value Added Tax (VAT)

a.         Description: The current inefficient and ineffective sales tax regime must be replaced with a single BiH VAT which improves revenue collection and minimizes tax evasion. The main direct taxes inside BiH (corporate profit tax and personal income tax) need to be reformed and rationalized.
b.         Transition Point: The establishment of a system which will ensure that the revenue stream for State and Entity institutions is adequate to fund essential programmes and the level of taxation and the arrangements for its collection as well as the penalties for non-payment mean that it will be more economical for business to pay tax rather than evade it. Contact: Ambassador Hays, PDHR

3.3       Programme: Customs reform

a.         Description: Customs administrations need substantial and fundamental reform to prevent opportunities for fraud and to provide for a single application and interpretation of the BiH State-wide customs policy law, essential for creating the single economic space.
b.         Transition Point: Customs administration in BiH is streamlined and exercising the relevant functions of a customs service effectively throughout the country.
c.         Contact: Ambassador Hays, PDHR

3.4       Programme: Public Corporations

a.         Description: In accordance with Annex 9, the functioning of transportation and other public utilities is being improved with an emphasis on competitiveness, increased efficiency, and, as appropriate, preparation for privatization.
b.         Transition Point: The final ownership structure of public corporations has been fully defined.
c.         Contact: Ambassador Hays, PDHR

A sustainable BiH must have institutions capable of meeting its domestic and international obligations, including the requirements of the EU’s Stabilisation and Association Process (SAP) and NATO’s Partnership for Peace (PfP). BiH needs institutions that work and are capable of delivering the services that taxpayers expect and citizens require.

To achieve this, BiH needs central institutions that function properly. This means reform of the Council of Ministers to allow it to perform its job effectively. In the past, weak institutions and multiple layers of government have served to blur lines of official responsibility, and gravely undermine state control over criminality. These deficiencies need to be corrected by integrating and streamlining all levels of government and putting in place an affordable, effective and professional public administration, including an efficient and secure system for issuing identity documents and licenses.

4.1       Programme: Reform of the Council of Ministers (CoM)

a.         Description: The Council of Ministers needs to develop capacity to fulfil its responsibilities and to enable BiH to proceed within the EU’s Stabilisation and Association process, a pre-requisite for which is an effective interlocutor for the EU institutions at the State-level. Substantive reform, including an end to rotation and a professional secretariat and policy planning staff to support the Chair are crucial to ensuring increasing capacities and an effective CoM.
b.         Transition Point: The Council of Ministers has essential ministries, is formulating government policy, and is supported by an integrated civil-service based secretariat.
c.         Contact: Ambassador Schroembgens, SDHR/G

4.2       Programme: Accountability of elected officials

a.         Description: High standards must prevail in public life. A mechanism must be put into operation that ensures parliamentarians respect conflict of interest standards and a Code of Ethics. Standards for immunity of elected officials are required that prevent rather than promote abuse of public office. Audit agencies should be fully enabled to exercise their watchdog functions.
b.         Transition Point: A functioning domestic system ensuring elected officials are held accountable for abuse of office.
c.         Contact: Ambassador Schroembgens, SDHR/G

4.3       Programme: Reform of public administration

a.         Description: Public administration in BiH must be streamlined to affordable levels and civil service laws need to be adopted and implemented to promote apolitical, merit-based appointments and promotion. Professional standards need to be developed and enforced to ensure that institutions function efficiently, openly, and accountably. Civil servants need to be properly trained, including through the establishment of a civil service training college.
b.         Transition Point: Civil service agencies are functioning effectively at the State and Entity levels. Public administration is being streamlined to affordable European levels and is progressively applying professional administrative practices.
c.         Contact: Ambassador Schroembgens, SDHR/G

4.4       Programme: BiH State management of identity documents

a.         Description: Through the Citizens Identification Protection System (CIPS), the BiH State is putting in place a central citizens registry and ethnically neutral identity documents. CIPS will serve the needs of law enforcement by allowing a coordinated effort by the BiH State Border Service and local police agencies against organized crime, illegal migration, and international terrorism. The existence of a reliable citizen registry will also underpin economic reforms in banking, business registration, taxation, and customs collection.
b.         Transition Point: BiH State is issuing identity documents from municipal field offices. CIPS citizen and document registers will be integrated with the BiH State Border Service, local police, judicial case management, and legal persons registration functions. Individual identity data is safe-guarded by effective management structures to prevent misuse and to allow civil society to flourish.
c.          Contact: Ambassador Hays, PDHR

4.5       Programme: Integration of Brcko

a.         Description: Integrate Brcko District legally, politically and financially into the BiH State so that BiH administers the District and protects its interests in disputes with the Entities.
b.         Transition Point: The Brcko District is financially self-sustaining and the Entities have accepted that their authority has been delegated to the District. The BiH State is effectively administering the District and protecting its interests in cases of conflict with the Entities. Within the District, the Inter-entity Boundary Line has no further significance.
c.         Contact: Ambassador Clarke, Supervisor

4.6       Programme:     Promoting Regional Stability and Co-operation

a.         Description: Regional co-operation is central to ensuring a stable and prosperous Bosnia and Herzegovina (BiH). The European perspective of the countries of the Western Balkans requires good neighbourly relations and enhanced co-operation between BiH and its immediate neighbours, founded on the principles of sovereignty, territorial integrity and the inviolability of borders. Further steps forward are focused on border issues and the strengthening of regional co-operation in the framework of the EU Stabilisation and Association Process (SAP).
b.         Contact: Edward Llewellyn, POL
c.         Transition Point: BiH is ready to conclude a Stabilisation and Association Agreement with the EU and its member states.

For peace to be self-sustaining, defence and intelligence structures need to focus on the interests of BiH as a whole, not of any part thereof. The security sector needs to be restructured on the basis of effective and unified civilian command and control arrangements, including democratic parliamentary oversight.

5.1       Programme: State-level command and control

a.         Description: To establish effective civilian command and control and perform the inherent security functions of a state, BiH must have State-level defense institutions capable of exercising independent command and control over the Armed Forces in BiH (AFBiH). This is a basic requirement for participation in NATO’s PfP programme. Strengthening the authority of the Presidency of BiH as the supreme command authority and the effectiveness of the Standing Committee on Military Matters (SCMM) in its executive role are the central components of this programme. Broad consensus amongst the political parties would provide a lasting basis for security and stability in BiH.
b.         Transition Point: Effective, PfP- and NATO-compatible arrangements at the state level for the command and control of the Armed Forces in BiH.
c.         Contact: Rear Admiral Hugh Edleston, Mil Rep to HR

5.2       Programme: BiH Parliamentary oversight over the armed forces

a.         Description: Institutional and structural reforms need to be made to empower the BiH Parliamentary Assembly with the means to exercise effective oversight of the AFBiH, including formation of a defence and/or security committee and related training for parliamentarians.
b.         Transition Point: The Permanent Defence/Security Committee of the BiH PA has been established and has demonstrated the proficiency to exercise democratic control over the State-level defence and security structures.
c.          Contact Point: Rear Admiral Hugh Edleston, Mil Rep to HR

5.3       Programme: BiH Security Policy

a.         Description: A Security Policy for BiH is being drafted that will establish State-level concerted responsibility, accountability and parliamentary oversight over defence, foreign, internal, counter-terrorism, financial, human rights and environmental matters. The BiH Security Policy will provide the strategic guidance of the BiH Presidency to the Council of Ministers for implementation.
b.         Transition Point: The BiH Parliamentary Assembly has passed a BiH Security Policy White Paper and the relevant bodies have implemented the policies set forth.
c.         Contact: Rear Admiral Hugh Edleston, Mil Rep to HR

The return of refugees and displaced persons is a vital element of the accords signed at Dayton. Good progress has been made in implementing this commitment. By mid-2002, nearly a million refugees and DPs – some 40% of the total – had returned to their homes. The multi-ethnic character of BiH is slowly being repaired. It is vital, not least for BiH’s prospects of integration into European structures, that the rights of returnees are fully protected. The BiH authorities should be in a position to take on the lead responsibility for returns from the end of 2003. International efforts and continued funding need to be directed towards that end.

6.1       Programme: Property law reform and implementation

a.         Description: Fosters sustainable returns through the enactment and implementation of framework legislation for repossessing property and for the foundation for a modern real property market, which, inter alia, provide for transparent, accountable, and chronological processing of claims and non-discriminatory disposal of state-owned land.  Within this framework, authorities will be required to budget for housing needs as well as to ensure compensation for refugees and displaced persons, in cases where pre-war rights to real property cannot be restored.
b.         Transition Point: Mechanisms that ensure non-discriminatory resolution of outstanding claims are in place. Domestic institutions have demonstrated the capacity to enforce implementation of property repossession laws. Legislative reforms for reallocating state-owned land are in force. Annex 7 compensation mechanisms are defined.
c.         Contact: Ambassador Schroembgens, SDHR/G

6.2       Programme: Sustainability of returns

a.         Description: The promotion of sustainable returns by ensuring that BiH authorities, through the SCR and municipalities, have the capacity to ensure that sure returnees have proper access to reconstruction funds, available jobs, public services, etc. Additional operational capacity among domestic civil society organisations must be built up to enable them to present their interests and to play a powerful role in holding domestic authorities to account. This should include statutory rights to consultation and oversight in order to allow them to perform this role effectively.
b.         Transition Point: Adequate indicators of sustainability have been established. BiH State officials, operating under a degree of international oversight using legally backed domestic mechanisms, oversee the process and periodically assess occupancy rates of reconstructed and repossessed homes in a manner consistent with benchmarks outline in the Capacity Building and Annex VII implementation strategy. Municipal authorities provide non-discriminatory access to services and sanction municipalities that fall below established thresholds. Reconstruction and social integration assistance is available for post-2003 returns on a non-discriminatory basis. The property repossession laws are applied in a non-discriminatory manner throughout the country.
c.         Contact: Ambassador Schroembgens, SDHR/G