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The High Representative chaired a meeting of
the Steering Board of the Peace Implementation Council (PIC) at the level of
political directors in Brussels on 28 March. The BiH authorities were
represented for part of the meeting by State Prime Minister Adnan Terzic; the
State Minister of Justice Slobodan Kovac and the State Minister of Security
Barisa Colak; and the two entity Prime Ministers Ahmet Hadzipasic and Dragan
Mikerevic.
The meeting began with an update by the BiH delegation on Rule of Law targets
that had been agreed between BiH and the PIC in September 2002. The
Steering Board noted with satisfaction a number of major developments in recent
months, in particular the creation of a State Ministry of Justice, the
establishment of the State Court of Bosnia and Herzegovina, the enactment of the
BiH Criminal Code and Criminal Procedure Code, and the progress made with the
systematic restructuring of the judiciary and the Prosecutors’ Offices.
They noted that early adoption of entity criminal codes and criminal procedure
codes, in conformity with BiH legislation, will be critical to combating
organised crime and terrorism. However, the Steering Board were concerned
that many of these positive developments in recent months had to be brought
about by impositions by the High Representative.
Considering the next steps in the Rule of Law agenda, the Steering Board
urged the BiH authorities to provide adequate funding for the newly established
ministries and the reformed judicial and prosecutorial system; to press ahead
with reform of the penal system; and to develop a comprehensive programme for
seizing criminal assets. Implementation of the reforms underway is
essential not least for BiH’s aspirations for European integration. The
Steering Board also urged that there be a timely decision on the future of the
Human Rights Chamber given the end of its mandate in December 2003.
Prime Minister Terzic and the two entity Prime Ministers then made a
commitment to fulfil the Public Administration Reform targets drawn up in
consultation with SDHR Enver Schrombgrens. The Steering Board welcomed the
presentation, agreed with the targets, and stressed the importance of developing
strategies in partnership with the BiH stakeholders. Reform of the public
administration including reduction in the size and cost was one of the key
issues in preparing for further EU integration. An impartial and effective
civil service, combined with fair and transparent systems of public appointment,
were essential to meet European standards. The Steering Board welcomed the
adoption of Civil Service laws at the state level and in Republika Srspka, and
the establishment and work of the related Civil Service agencies. However,
they were seriously concerned about the recently tabled Federation Civil Service
Law. They called on the Federation authorities to amend it to bring it
into line with European standards. They stressed the importance of
effective and early implementation of this Civil Service legislation.
The Steering Board discussed the Orao affair, which had gravely undermined
the international credibility of BiH. The Steering Board expressed its deep
concern at this affair, and the serious deficiencies that it had revealed about
the command and control of BiH’s armed forces. The Steering Board underlined
that appropriate measures, taking into consideration the issues of systemic
reform and political responsibility, were essential to prevent such a situation
occurring again. The Steering Board expected full cooperation from all
relevant authorities in BiH in this matter, in keeping with their obligations
under the Dayton-Paris Peace Accords and as a member of the United
Nations.. The Steering Board also stressed the need for defence reform in
its own right, in order to resolve issues at variance with the BiH Constitution
and to prepare BiH for integration into Euro-Atlantic structures.
PDHR Donald Hays briefed the Steering Board on the economic reform agenda and
in particular on the Elektroprivreda audits. He set out the action the
international community had taken to address the serious abuses and structural
problems that had been uncovered. The Steering Board welcomed these
reforms and the initial steps taken by the BiH authorities, and agreed that the
first step was to restructure the electricity sector to tackle fraud and provide
a more efficient service to the citizen. The Steering Board were also concerned
by BiH’s unsustainable current account deficit and called on the BiH authorities
to take measures to address this urgently. Recognising the serious
economic problems facing BiH, they stressed the need to promote exports,
investment, privatisation, and a more effective single economic space.
SDHR Bernard Fassier briefed the Steering Board on the OHR-ICTY plan to
enable the effective domestic prosecution of war crimes cases in BiH, and their
evaluation of the costs. The Steering Board supported the objectives of
this plan. They agreed that it was essential that it should be adequately
resourced, and clearly define responsibilities for establishing, implementing,
and then transferring to BiH, the administration of the Chamber before it is
launched. The Steering Board concluded by welcoming
the initiative by the High Representative and Prime Minister Terzic to co-chair
a closed door retreat bringing together the Board of Principals and the BiH
authorities to discuss the Economy, Rule of Law and European integration.
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