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PIC Luxembourg Declaration
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Luxembourg PIC SB Ministerial Meeting | 9/6/1998 |
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DECLARATION OF THE MINISTERIAL MEETING OF THE STEERING BOARD OF THE PEACE IMPLEMENTATION COUNCIL
- The Steering Board of the Peace Implementation Council met in Luxembourg on 9 June 1998 at Foreign Minister level, to review progress in the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and to adopt a peace implementation agenda for the next six-month period.
Political Statement
- The meeting of the Steering Board takes place at a
moment in the implementation of the Peace Agreement characterized by both
substantive progress but also an inadequate rate of implementation. The slow
pace of implementation by the authorities in Bosnia and Herzegovina are
matters of serious concern.
- Substantial progress has been achieved since the Bonn
meeting: a new and more pluralistic Government has emerged from the elections
in Republika Srpska; one half of the persons indicted for war crimes by the
ICTY are now in custody; Entity justice sectors are now cooperating with the
ICTY; Bosnia and Herzegovina now has a flag, passports, common license plates;
the results of last September's elections have been implemented in all but one
of the 136 municipalities and this has created a number of multi-ethnic
municipal assemblies; restructuring of the public media and the police forces
is well under way in Republika Srpska and the Federation, and the influence of
the independent media is growing; minority returns have started in earnest and
there is progress on property legislation; the provisional Konvertible Marka
(KM) will circulate in a month and new legislation on customs, privatization,
foreign investment and State and Entity budgets has been passed; and an IMF
standby agreement has been reached.
- These examples underscore that the ideals of
pluralism and multi-ethnicity envisioned by the Peace Agreement, and the
assumption of responsibility in implementing these ideals by the elected
authorities in Bosnia and Herzegovina, are key to full democratization and
lasting peace. Unfortunately, success often generates resistance, and the slow
pace of implementation by the authorities in Bosnia and Herzegovina and their
frequent procrastination in critical implementation issues, are a matter of
most serious concern.
- The Steering Board notes with concern that almost all progress has required continued and intensive efforts from the international community. In particular, the High Representative in several cases has had to resort to making interim binding decisions in accordance with his authority under Annex 10 of the Peace Agreement.
- It is critical that Bosnia and Herzegovina take
responsibility for its future and prepare to stand on its own. The continued
political and financial support from the international community, together
with the intention to prolong the international military presence, constitute
an opportunity that Bosnia and Herzegovina cannot allow itself to miss - all
the more since the present level of assistance cannot and will not last
indefinitely.
- The Steering Board calls on all citizens of Bosnia
and Herzegovina to accelerate the rebuilding of the country politically,
economically and socially. In addition, it calls for mutual respect and
reconciliation. This task can only succeed through power sharing, tolerance
and cooperation.
- The Bosnian political leaders elected in 1996 have
largely failed to serve the interests of the people of Bosnia and Herzegovina
in rapidly implementing the Peace Agreement and in laying the basis for a
peaceful and prosperous future. Too many of the current leaders continue to
use the politics of domination and ethnic separatism to advance their own
positions at the expense of the Bosnian people, thereby condemning the country
to stagnation and isolation from the European family of nations.
- It is high time for the authorities in Bosnia and
Herzegovina to act in accordance with all aspects of the Peace Agreement and
to implement the commitments they undertook at Dayton: building viable
institutions; promotion of democracy; protection of human rights and the rule
of law; reform of the educational curriculum; economic recovery;
reconciliation and the return process. These elements form a good governance
program which the Steering Board demands that the authorities implement
swiftly.
- The authorities in Bosnia and Herzegovina must
therefore be guided by the principles of tolerance and reconciliation, the
right to a fair hearing in court, freedom of movement and of residence,
freedom of religion and what it means in terms of building a multi ethnic
country, the repeal of legislation and practices with discriminatory effect
and the protection of ethnic and/or minority populations.
- The September 1998 elections are a major opportunity
for the people of Bosnia and Herzegovina to express their wishes about the
future of their country and to elect leaders ready to make the difficult
compromises required to create a lasting peace and allow Bosnia and
Herzegovina to take its rightful place in Europe. We call on all the people of
Bosnia and Herzegovina to exercise their democratic rights actively and to
participate in the elections.
- The international community expects all candidates for office in the September elections to address publicly the following issues:
- return of refugees and displaced persons;
- rights of ethnic minorities;
- economic reform and reconstruction; and
- provision of social services and education.
- The Steering Board welcomes OSCE supervision of the
registration process and of the election process and welcomes the excellent
cooperation between the High Representative and the OSCE. It welcomes the
intention of the Media Experts Commission and the Election Appeals Sub
Commission to use their authority to the fullest to vet candidates and
sanction those obstructing Dayton implementation or impeding the process of
free and fair elections. The Steering Board expects the election rules and
regulations adopted by the Provisional Election Commission (PEC) to be
respected.
- The Steering Board calls on the inter-Religious
Council in Sarajevo, as well as all religious leaders, to engage directly in
efforts that would defuse conflicts and promote freedom of worship and freedom
of movement for members of all religions.
- The 1995 London PIC Conclusions looked forward to the
eventual creation of a direct and dynamic contractual relationship between
Bosnia and Herzegovina and the European Union. Taking account of the High
Representative's authority as set out in Annex 10 of the Peace Agreement, the
Steering Board welcomes the 8 June EU Declaration on Bosnia and Herzegovina,
setting out the prospects for closer cooperation with European structures, if
Bosnia and Herzegovina continues on the right path, and establishing a joint
consultative Task Force to provide advice to Bosnia and Herzegovina in
overcoming technical questions relevant to developing its relations with the
European Union in the future.
- The Steering Board thanked SFOR for its efforts to
provide the secure environment necessary for the civilian implementation of
the Peace Agreement and for assistance rendered in this field. The Steering
Board and the parties to the Peace Agreement recognized and supported the
intention to continue SFOR when the current mandate expires on 20 June.
- For the remainder of 1998, the Steering Board emphasizes the following peace implementation priorities (as detailed in the peace implementation agenda set out in subsequent paragraphs below):
- The acceleration of refugee and displaced person
returns in a phased and orderly manner in accordance with the Peace
Agreement.
- Police and judicial reform.
- The acceleration of economic reintegration and
reform.
- Free and fair nation-wide elections in September.
- The implementation of the High Representative's
media strategy.
- The strengthening of governmental institutions at all levels.
- The Steering Board reaffirms its strong support for the High Representative and for the active use of his full authority under the Peace Agreement, as outlined in the Bonn PIC Conclusions.
Peace Implementation Agenda for the Remainder of 1998
Return of Refugees and Displaced Persons
- The phased and orderly return of refugees and
displaced persons, including returns to Sarajevo, is crucial to a lasting
peace and the development of a viable multi-ethnic Bosnia and Herzegovina, in
which no minority will consider itself to be discriminated against.
- The Steering Board reiterates the fundamental right
in accordance with the Peace Agreement of all refugees and displaced persons
freely to return to their homes of origin. The Steering Board condemns in the
strongest terms the recent incidents of violence in Drvar, Stolac, Derventa
and elsewhere and insists that those responsible be brought to justice. We
support use of the High Representative's authority to remove any public
official who infringes this right or attempts to prevent returns.
- While welcoming the results of the Sarajevo and Banja
Luka Returns Conferences, the Steering Board is disappointed by the
insufficient progress toward the agreed targets. It urges the relevant
authorities to accelerate implementation and remove immediately all remaining
political, legal and administrative obstacles to minority returns.
- The Steering Board fully supports the efforts of the
High Representative, working with the Reconstruction and Return Task Force
(RRTF) and the Economic Task Force, to apply strict conditionality as well as
encouraging positive linkages in support of return. It reiterates its support
for initiatives such as the 'Open Cities', and highlights the need for
Sarajevo and Banja Luka to meet the criteria to be declared 'Open Cities'. It
also welcomes the Regional Return Strategy presented by the UNHCR (which
outlines four sustainable solutions, namely voluntary return to their
pre-conflict homes as the preferred solution, as well as local integration,
resettlement and relocation) and calls upon all the parties to cooperate in
its implementation. The Steering Board asks the High Representative and the
UNHCR to report regularly on the parties' progress in implementing the plan.
It further urges that the links between the RRTF and relevant actors in
neighboring countries be further developed.
- The Steering Board calls upon authorities in both Entities to enable the UNHCR to organise a census/registration of displaced persons, refugees, and returnees. It is essential that the High Representative, the UNHCR and the Steering Board have accurate data in order further to implement Annex 7 of the Peace Agreement.
- As a consequence of the war, many citizens of Bosnia
and Herzegovina have been displaced from places where their personal records
are held and personal documents were issued. The full access of individuals to
their personal documentation is a necessary condition to support the process
for return. The authorities of Bosnia and Herzegovina should, in cooperation
with the international community, put in place mechanisms, by 1 August 1998,
to ensure citizens of Bosnia and Herzegovina have full access to personal
documentation.
- Public security is crucial, particularly at this
juncture. The Steering Board warmly commends the work of UN IPTF. Until the
police are fully restructured, SFOR should continue providing a security
environment conducive to civilian peace implementation. In this regard, police
have primary responsibility for public security, closely monitored by the UN
IPTF, with SFOR support as appropriate. The Steering Board encourages all
members to ensure adequate funding for continued police reform efforts,
especially given the critical requirement for security in connection with
returns. The Multinational Specialized Unit (MSU) within SFOR, with the same
mandate as other SFOR elements, will enhance SFOR's ability to support the
local authorities in responding to civil disorder, without engaging in police
functions, including in situations related to the return of refugees and
displaced persons and the installation of elected officials.
- In this regard, the Steering Board encourages active
coordination by the High Representative of the local police, together with
SFOR and UN IPTF, in developing and implementing security planning for refugee
returns with UNHCR.
- The adoption and effective implementation of new
property and housing legislation in both Entities are essential to enable
individuals to return to their pre-war homes. The Steering Board welcomes the
entry into force of the property legislation in the Federation on 4 April
1998. In Republika Srpska, draft legislation acceptable to the High
Representative must be finalized and passed by 31 August 1998. The Steering
Board urges the Federation authorities to take immediate steps to ensure full
implementation of the legislation. If this obligation is not met, the
Federation authorities must extend the deadline for pre-war residents of
socially owned apartments to apply for the restoration of their occupancy
rights. Privatisation of apartments declared abandoned since 1991, including
military and police apartments, shall not occur except in accordance with the
Law on the Cessation of the Application of the Law on Abandoned Apartments.
- The Steering Board welcomes the property options
strategy developed by the Commission for Real Property Claims of displaced
persons and refugees. The Steering Board affirms that resources for a property
compensation fund should be generated locally, and calls on the Entity
governments to fund the pilot project phase.
- Education in Bosnia and Herzegovina must contribute to the goals of peace implementation, not present further obstacles to return. Textbooks in use in public schools must be reviewed and offensive material removed before the coming school year. Curriculum reform efforts in both Entities should continue, with the assistance of relevant organizations, including UNESCO and the Council of Europe. Special efforts should be made to develop a common curriculum for teaching the recent history of Bosnia and Herzegovina that fosters reconciliation and does not further inflame ethnic tensions. The Steering Board requests the High Representative to draw up a plan to carry this out by coordinating the agencies involved.
Public Security and Judicial Reform
- The Steering Board urges the Federation and Republika
Srpska to finish the process of restructuring the police in a speedy manner,
in close coordination with UNMIBH. A multi-ethnic police is vital for
providing a secure environment for returnees, displaced persons and all
citizens. The Steering Board encourages the UN IPTF to finish the
establishment of the joint police forces in the Federation, and to continue
without delay its negotiations with the RS government.
- Therefore, the Steering Board requires that the
Republika Srpska Ministry of Interior fill at least 400 minority police
officer posts in the restructured police force by 31 August 1998 at the
latest. By December 1998 the Republika Srpska restructured police force should
reflect the 1997 municipal election results. The ethnic composition of the
police force must reflect an equitable representation of all three constituent
peoples and others.
- The Steering Board emphasizes the need for speedy and
complete implementation of the Bosnia and Herzegovina uniform license plate
system and uniform vehicle registration documents developed by the High
Representative and UNMIBH, and reminds the parties of the deadlines set by the
High Representative. Since 1 June 1998, only cars with the new license plates
and the uniform vehicle registration document have been allowed to cross
international borders, and from 31 August 1998, all vehicles in Bosnia and
Herzegovina will be required to carry the new license plates and uniform
vehicle registration documents.
- The Steering Board requires that the Federation
Ministry of the Interior is inaugurated by 15 June and restructured, as called
for in the Bonn PIC Conclusions, and that the two remaining Federation Cantons
inaugurate their new integrated police forces as per UN IPTF requirements. All
10 Cantons of the Federation must have a restructured multi-ethnic police
force reflecting the 1991 census established by 31 December 1998.
- Recognizing the importance of inter-Entity
cooperation, we welcome the much improved cooperation between the Federation
and Republika Srpska on internal security, and encourage the Federation and
Republika Srpska to implement fully their cooperative agreements on Justice
and Interior matters.
- The Steering Board welcomes the signing of the
Memorandum of Understanding on Legal Assistance between Institutions of the
Federation and Republika Srpska on 20 May 1998 and urges the Parties
immediately to take the necessary steps to implement it. In addition, the
Steering Board welcomes the establishment of the Commission on Inter-Entity
Legal Cooperation and calls upon its members to agree on initial
recommendations for necessary legislation in this field no later than 31 July
1998.
- Recognizing the importance of a professional,
independent judiciary, the Steering Board supports expanded judicial reform
efforts, coordinated by the High Representative. We urge that qualified people
from Bosnia and Herzegovina be employed in this program, to the extent
possible, in order to build local experience and capacity.
- The entities must bring the current, first phase of
the Criminal Law reform to completion. The Steering Board urges the Federation
and the RS to enact the new criminal codes and the new criminal procedure
codes by 30 June 1998 and 31 August 1998 respectively. A systematic review of
the Criminal Laws has to follow immediately. The Steering Board stresses the
need to ensure that judicial appointments are based solely on merit and that
all ethnic groups are fairly represented in the judicial system.
- The Steering Board requires both Entities to comply
with information requests, recommendations and decisions of the two components
of the Annex 6 Human Rights Commission, the Ombudsperson and the Human Rights
Chamber.
- The Steering Board welcomes the adoption by the
United Nations Security Council of the Resolution 1168 of 1998, looks forward
to the UNSC extension of the UNMIBH mandate and also welcomes the current
consideration of an UNMIBH-led court monitoring program.
- We support efforts to strengthen the office of the Federation prosecutor and urge active use of this office, especially in cases where local officials use, or protect those who use, violence to obstruct Dayton implementation. If it proves necessary or advisable, the Steering Board would support any necessary improvement in the criminal justice systems in the Entities to deal with such crimes.
Economic Reintegration and Reform
- The Steering Board reminds the authorities in Bosnia
and Herzegovina of the importance of establishing an integrated economy, as
well as the urgent need to move towards a market oriented economy with an
attractive investment climate.
- Privatization is essential for the economic recovery
of the country. The Steering Board stresses that refugees and displaced
persons should not be discriminated against in the privatization process and
that the process ensures transparency and fairness. The Steering Board
welcomes the passage of privatization legislation in the Federation, the
adoption of the State-level privatization law by the Council of Ministers and
the revision of privatization legislation in Republika Srpska. It calls for
the immediate passage of the State-level privatization law by the Bosnia and
Herzegovina parliament and urges passage of new privatization legislation in
Republika Srpska, consistent with it, by 15 July 1998. The Steering Board
calls for the privatization process to be underway in both entities by 30
August, 1998.
- The Steering Board notes that too many obstacles still prevent free and fair trade in Bosnia and Herzegovina. Therefore:
- illegal Entity tax legislation should be repealed,
or amended, by the Entities by 15 July 1998;
- Entities should harmonize sales taxes and excise
legislation before 1 November 1998;
- the Federation authorities should unify the tax
collection and payment systems in the Federation under a single Payment
Operations Institution before 30 September 1998;
- illegal bilateral customs agreements should be
repealed by 15 July 1998;
- the customs code should be passed by 15 July 1998 and fully applied by January 1999.
- The Steering Board is pleased to note that Bosnia and Herzegovina now has a stand-by arrangement with the IMF: the new Konvertible Marka currency will be put in circulation before end of June 1998. However, further actions are needed in the financial sector. Therefore:
- new banking legislation should be adopted in both
Entities by 15 July 1998;
- a country-wide system of payments in Konvertible
Marka should be developed further in cooperation with the IMF and the
Governor of the Central bank;
- a plan for comprehensive reform and reorientation of existing payment bureaus should be prepared by 31 October 1998.
- The Steering Board commends recent progress in organizing public utilities. The Steering Board encourages the eventual privatization of such utilities. In particular it welcomes the establishment of the Bosnia and Herzegovina Joint Railway Corporation as part of the Transportation Corporation. In order to ensure a further improvement of the infrastructure network:
- the law on Telecommunication should be adopted by
the Council of Ministers before 30 September 1998 and implemented before
December 1998;
- a Framework Agreement should be signed by the
authorities setting the principles for the reorganization of the electricity
sector before 31 October 1998;
- a Framework Agreement should be signed by the
authorities setting the principles for the reorganization of the postal
sector before 31 October 1998;
- the Transportation Corporation should be activated by 30 November 1998.
- The Steering Board requests that international
assistance for public utility sectors be conditioned upon a program of
re-structuring and transparency set up by the High Representative in close
consultation with the Chairman of the Commission on Public Corporations and
with the main bilateral donors. It reminds the authorities of Bosnia and
Herzegovina that all accounts of all public companies should be made public.
- The Steering Board supports the request of the High
Representative that assistance directed towards Republika Srpska be increased
in 1998 to make up for the past low level of international aid.
- The Steering Board urges the authorities, in
particular in the Entities, to undertake more actions and reforms, including
those proposed by EC CAFAO, to reduce the scope of corruption and misuse of
public funds. It welcomes the creation by the High Representative of an
anti-fraud unit and encourages him to coordinate the effort of the
international community in that field to better implement a comprehensive
strategy.
- The Steering Board calls on the authorities in Bosnia
and Herzegovina to reach agreement by 31 July 1998 with the Government of the
Republic of Croatia and the Government of the Federal Republic of Yugoslavia
to determine official border crossing points between Bosnia and Herzegovina
and these respective neighboring countries. Each agreement shall also
determine how to prevent traffic from using the numerous roads crossing the
border at non-approved locations between Bosnia and Herzegovina and the
Republic of Croatia or the Federal Republic of Yugoslavia. The Steering Board
recommends that each border point be properly controlled.
- As a key to the further revitalization of the Bosnian
economy, it is critical that operations of the Central Bank and the
introduction of the common currency go forward as scheduled.
- The Steering Board regrets the failure to achieve a
unified telephone system with Bosnia and Herzegovina-wide consistent dialing
codes and a single international dialing code, as agreed at the 1996 London
PIC Conclusions and in the August 1997 agreement on telephone area codes. It
calls for these goals to be attained by December 1998.
- Public authorities must support monetary stability
and macroeconomic consolidation by adhering to budget processes that are
fiscally sound, realistic, transparent and operative. Public authorities
should promote a culture of public accountability. The international donor
community and the people of Bosnia and Herzegovina will not continue to
tolerate budget irregularities and corruption.
- In spite of the progress accomplished so far, the Steering Board is concerned that Bosnia's economic growth to date is mainly due to donor inputs and "bounce back" after war. In real terms, Bosnia and Herzegovina's GDP is still only about half of its relatively low pre-war level. The Steering Board urges the immediate adoption of structural reforms to establish a market economy. These reforms should include:
- Development of a viable financial sector. This
means introducing market-oriented private banks in the place of the current
state banks, developing capital markets, supporting the establishment of
insurance companies, and other measures.
- Privatization of socially-owned enterprises and
banks.
- Establishment of a regulatory framework favorable
to domestic and foreign investment.
- Full implementation of the joint customs tariff,
and the elimination of any remaining barriers to free trade within Bosnia
and Herzegovina.
- The Steering Board emphasizes the importance of agriculture in the economy of Bosnia and Herzegovina, and in particular to provide an environment which will sustain the return of refugees. The Steering Board urges the Entities to take immediate measures to stop illegal exploitation of forests.
Democratic Elections
- The Steering Board welcomes the successful
implementation of the 1997 election results in 135 out of 136 municipalities
and urges the newly elected authorities to work in a spirit of reconciliation.
The functioning of parallel municipal structures in certain municipalities
must cease immediately. The Steering Board urges the parties to ensure prompt
implementation and condemns the obstructionist behavior of parties in
Srebrenica.
- In order to enable the municipal councils to function
properly and efficiently, the voluntary return of displaced municipal
officials to the municipality in which they hold office is essential. The
Steering Board endorses the priority given to those with executive functions.
- Regular elections and multi-ethnic political
pluralism are vital for the development of a democratic Bosnia and
Herzegovina. The September elections should mark a decisive stage in the
building of a democratic society in Bosnia and Herzegovina. The Steering Board
welcomes the full supervision by the OSCE of these elections, including the
voter registration, polling and counting. The Steering Board urges all
participating states to ensure the OSCE has the personnel and the financial
resources to accomplish this task. The Steering Board notes that the voluntary
contribution period for this election budget has been opened by the OSCE
Chairman-in-Office, and encourages all members of the Peace Implementation
Council to contribute, especially those who will not be assessed under the
OSCE process.
- The Steering Board expects the election rules and
regulations adopted by the Provisional Election Commission (PEC) to be
respected. The OSCE should fully utilize its existing authority, including the
authority of the Elections Appeals Sub-Commission and the Media Experts
Commission established by the PEC, to vet candidates, and sanction those
parties and candidates that obstruct free and fair elections and the spirit of
the Dayton Agreement.
- The Steering Board stresses the need to accelerate
the on-going drafting of a permanent election law, to be adopted in the post
election period, which contains appropriate provisions to increase pluralism
in future elections.
- The Steering Board takes note that 86 political
parties and independent candidates have applied for registration for the
September elections and encourages them to use the alliance and coalition
possibilities offered by the PEC Rules and Regulations.
- Recognizing the importance of political parties in the emerging democracy in Bosnia and Herzegovina, the Steering Board encourages political parties and non-governing organizations in member countries of the Peace Implementation Council to support and assist pro-Dayton and multiethnic political parties in Bosnia.
Media Reform
- The media play a critical role in these elections and
in the Bosnian peace process, and only if all parties have free and equitable
access to the media, will citizens be in a position to choose responsible
leadership. In order to promote free, independent and fully restructured media
in line with European standards, the Steering Board fully supports the efforts
of the High Representative in the establishment of the Intermediate Media
Standards and Licensing Commission (IMSLC) as agreed in the Bonn PIC
Conclusions. The Steering Board insists on full cooperation with IMSLC. In
particular, The Steering Board expects the competent authorities to
participate and cooperate fully with the Commission and to provide appropriate
experts for its staff.
- The Steering Board recognizes the importance of a
Public Broadcasting System in Bosnia and Herzegovina and in this context urges
the High Representative swiftly to complete the restructuring of RTV BiH,
including the integration of the transmission system. The Steering Board
deplores the stalling tactics deployed by the local authorities and welcomes
the High Representative's intention to use his authority if the deadline is
not met. As a second step in this process, the High Representative is
requested to follow through on plans to establish a countrywide public
broadcasting system with the cooperation of both SRT and RTV BiH. The Steering
Board expects the full cooperation of the responsible authorities and the
management of RTV BiH in this process and in the implementation of the High
Representative's overall media strategy.
- The Steering Board also underscores the importance its attaches to the Open Broadcasting Network (OBN) in providing the people of Bosnia and Herzegovina with an objective and independent television and urges the necessary financial support for OBN. The goal is to ensure that multiple sources of information, including independent media and properly regulated public media are available to all Bosnia and Herzegovina by the September elections campaign period.
Strengthening Governmental Institutions
- The institution-building process in Bosnia and
Herzegovina is proceeding too slowly. The Steering Board notes with concern
that neither the Presidency nor the Parliamentary Assembly of Bosnia and
Herzegovina nor the Council of Ministers have yet taken the badly needed steps
to build sustainable and efficient common structures. All three institutions
should take adequate steps so as to have their plenary meetings at the former
Parliament building. After the elections in September the present practice of
meetings should finally cease. The Steering Board calls upon the Commission of
the European Union and the World Bank to continue renovation in order to
ensure that these premises can become the permanent seat of common
institutions under a special administrative and security regime, in line with
the guidance given by the High Representative.
- The Steering Board further requests the Council of
Ministers to implement the Council of Ministers Law without further delay. The
full establishment of its common services under the guidance of the newly
appointed international coordinator is compulsory and should be completed by
30 July 1998.
- The two Houses of the Parliamentary Assembly should
establish an office for common services at the former Parliament building by
31 July 1998. The Steering Board stresses that any further obstructionism is
not acceptable.
- The Ministry of Civil Affairs and Communications must
take the necessary steps to make the recently adopted State budget operational
in close cooperation with the Central Bank. The agreement reached by the
Entities on a mechanism ensuring automatic monthly transfers from the
Entities' budgets to the State budget must, therefore, be implemented as a
matter of urgency.
- The Steering Board welcomes the recent steps towards
full implementation of the Law on Travel Documents and the fact that all
passport offices in both Entities will be operational and ready to distribute
the new documents by 1 July 1998. The Steering Board hereby decides that all
elected or appointed officials and all other citizens of Bosnia and
Herzegovina shall be required to use the new Bosnia and Herzegovina travel
documents when travelling abroad from 1 August 1998 and from 1 January 1999
respectively. However, refugees living abroad will be entitled to use their
old passports or other official documents for their return to Bosnia and
Herzegovina. Foreign residents registered as such may use their national
passport.
- The Steering Board supports the efforts of the High
Representative and the UN IPTF to draft a State Border Police law for the
Bosnia and Herzegovina Institutions for adoption by 30 June 1998, pursuant to
the Constitution and the Bonn PIC Conclusions. A State Border Police shall be
created under the auspices of the Ministry of Civil Affairs and Communication
of the Bosnia and Herzegovina Council of Ministers. The State Border Police
must wear a common uniform and carry a common insignia.
- The Steering Board welcomes the results of the Federation Forum on 16 April and the Action Plan contained therein. In the case of non-compliance, the Steering Board insists on the immediate dismantling of illegal, parallel institutions and encourages the High Representative to institute firm measures against those maintaining these institutions.
Ensuring Better Peace Implementation at the Local Level
- Implementation of the Peace Agreement depends, to a
great extent, on responsible local officials. The Steering Board believes that
an enhanced focus must be placed on implementation of the Dayton Agreement at
the municipal and cantonal levels in both Entities.
- Good governance at the local and cantonal levels is a
fundamental element in the assumption by the authorities in Bosnia and
Herzegovina of their full responsibilities under the Peace Agreement
- The Steering Board requests the High Representative to establish an evaluation system, drawing on existing data and resources, of peace implementation in individual cantons and municipalities and indicate to the Steering Board what steps need to be taken. Options would include the appointment on an ad hoc basis of a Special Envoy to coordinate local and international activity in non-compliant municipalities. Among the criteria to determine non-compliance are the following factors:
- cooperation on return of refugees and displaced
persons;
- implementation of election results, including
giving real power to elected officials;
- police reform and integration of police forces;
- cooperation with the ICTY;
- overall cooperation on implementation.
- The Steering Board donors will take the results of
this evaluation into account when allocating assistance.
- The Steering Board acknowledges the need for the provision of adequate security and commits itself to provide the necessary staffing and funding to carry out the tasks set out above.
Cooperation with the ICTY
- The Steering Board welcomes the improved cooperation
by Bosnian Serb authorities with the ICTY, which has resulted in a number of
voluntary surrenders by persons indicted on war crimes charges. Nevertheless,
a large number of indictees remain at large, including Radovan Karadzic; the
competent authorities must take immediate steps to execute arrest warrants for
all indicted persons under their jurisdiction, and to surrender them to the
ICTY. The Steering Board welcomes the further transfers of war crimes
indictees to the ICTY. A fair trial of those indicted is indispensable for the
process of ethnic reconciliation and authorities in Bosnia and Herzegovina,
Croatia and Federal Republic of Yugoslavia to fulfil their obligations under
the Peace Agreement.
- The Steering Board demands that the Federation and
Republika Srpska authorities fulfil their obligations under the Peace
Agreement and subsequent agreements, including the 'Rules of the Road'.
- The Steering Board welcomes the fact that, for the
first time since the end of the conflict, all three parties are participating
in the Joint Exhumation Process, chaired by a representative of the High
Representative, and providing each other with full access to exhumation sites
without demands for reciprocity. The Steering Board notes, however, that the
authorities have failed in sharing information about the fate of the missing
and about locations of grave sites. We therefore demand that the authorities
provide full disclosure of all information that can assist with the tracing
process.
- The Steering Board commends the work of the Commission on the Missing and urges all Bosnian authorities, as well as authorities in neighboring countries, to cooperate more effectively to clarify the fate of all persons missing from the war.
Demining
- The Steering Board welcomes ratification of the
Ottawa Treaty and expects Bosnia and Herzegovina to produce a plan of action
to implement it without delay. This was called for in the London and Bonn PIC
Conclusions and needs to be accomplished immediately. The Steering Board
welcomes the initiatives of Canada and Slovenia on demining.
- The Steering Board notes that the transfer of the UN
Mine Action Center to Bosnian authorities, to include the hiring and training
of an ethnically-balanced staff of Bosnian managers, is six months over-due.
- The Steering Board also notes that the establishment
of the Entity Mine Action Centers is behind schedule and encourages all
parties to increase efforts to resource, staff and field these vital units in
a timely fashion.
- The Steering Board welcomes the progress made in strengthening the capabilities of the Entities' military demining forces, and encourages all parties to continue efforts to carry out military demining operations in accordance with international humanitarian demining standards.
Dayton Annex 8 (Monuments)
- The Steering Board commends the efforts of UNESCO in Bosnia and Herzegovina and calls on PIC members to support UNESCO work in preserving and rebuilding monasteries, churches, mosques, bridges and other National Monuments. It calls on the members of the Commission to Preserve National Monuments to complete the process of designating National Monuments as required in Article IV of Annex 8 of the Peace Agreement. It also calls on the Bosnian authorities to improve their cooperation, both with international donors and with other parts of the government of Bosnia and Herzegovina, to maintain the national heritage.
Sports
- The Steering Board urges that negotiations begin with a view to reconstituting the internationally recognized Bosnia and Herzegovina sports associations in such a way to represent the whole country. Entity sports associations should not be internationally recognized. The Steering Board reminds the Entities of their obligations to form teams together representing Bosnia and Herzegovina and demands that the Entities report to the High Representative on this issue by 1 October 1998.
Military Stability/Arms Control
- The Steering Board recognizes the key function of the
Standing Committee on Military Matters (SCMM) in building confidence and
stability. While considering it vital that the international community
continue to work with the SCMM in a spirit of cooperation, it urges all
parties to act together to ensure that the SCMM rapidly gains the necessary
stature to play a major part in the stabilization of Bosnia and Herzegovina.
It supports the work of the SCMM and other mechanisms to foster inter-entity
military cooperation.
- The Steering Board welcomes the results of the
amnesty covering mines, ordnance and other warlike material. It considers that
the time is now right for an amnesty specifically aimed at weapons and urges
the authorities in Bosnia and Herzegovina to enact appropriate legislation at
the earliest possible opportunity, and by 31 August 1998 at the latest.
- The Steering Board welcomes progress made in the
Article II (Confidence and security building measures in Bosnia and
Herzegovina)and Article IV (measures for sub-regional arms control)
negotiations. The Steering Board considers that there is at this juncture an
opportunity to move arms control activity into a new stage, and invites the
authorities in Bosnia and Herzegovina to explore ways to implement mutually
agreed and verifiable decreases in the numbers of troops and heavy weapons in
their respective defense establishments. Such a reduction would serve as a
confidence building measure, and enhance stability, while freeing resources
from military budgets for reconstruction.
- The Steering Board welcomed the successful move to
Article V (Regional Arms Control Agreement) negotiations.
- The Steering Board insists that both entities make
military expenditures more transparent (including direct or indirect support
received from other countries) and insists that all defense spending within an
entity be centralized within an openly published defense budget.
- The Steering Board urges greater efforts to complete the process of integrating the Federation military, including the immediate adoption of a common insignia, the exclusive use of the Federation flag and creation of a joint, integrated command structure.
Brcko
- The Steering Board endorses the Supplemental Award
for Brcko. The Steering Board welcomes the establishment of the Republika
Srpska government Commission for Brcko by Prime Minister Dodik and emphasizes
the importance of this commission in ensuring that the terms of the
Supplemental Award are fulfilled. It notes that Republika Srpska must carry
the "burden of demonstrating very clearly that it has truly reversed course
and committed itself to an apparently permanent program of full Dayton
compliance." It further notes that the multi-ethnic administration remains
'shallowly-rooted', and reminds the Republika Srpska government that it is
very much in its interests to accept the guidance of the Supervisor, and to
take all necessary measures to support and strengthen the Brcko
administration, judiciary and police force.
- The Steering Board welcomes the continued success of
the returns process in Brcko but reminds the authorities of both the
Federation and Republika Srpska of their obligations under the current award,
including facilitating the return of ethnic minorities to and from Brcko.
- The Steering Board acknowledges that economic
revitalization of Brcko is crucial for the continued success of the return
process, as well as the process of reconstituting a multi-ethnic city and
government. It notes with satisfaction the funding by the Donor Conference of
the work of special consultants in support of the Supervisor's efforts to
establish a program of privatization of non-privately owned and socially-owned
enterprises as well as a duty free or special economic zone to stimulate the
region's economy.
- The Steering Board emphasizes the fundamental importance of freedom of movement in all directions through Brcko.
Regional Issues
- The Steering Board emphasizes that building a stable
Bosnia and Herzegovina has also to be addressed in a regional context. The
Steering Board therefore strongly reminds Croatia and the Federal Republic of
Yugoslavia of their obligations as signatories of the Peace Agreement. Both
countries must do more to fulfil these commitments. Attempts to modify the
agreed structures in Bosnia and Herzegovina at the Canton or Entity level that
would lead to separation or segregation are unacceptable.
- Croatia must allow unimpeded refugee return
throughout Croatia, as well as support the process of return in Bosnia and
Herzegovina. Croatia must also establish an effective and consistent border
regime with Bosnia and Herzegovina, which is necessary for accession to any
international trade organizations. The Steering Board welcomes the recent
decision of the Government of Croatia to extend visa exemptions to all
citizens of Bosnia and Herzegovina.
- The Steering Board demands that the Government of
Croatia actively enforce the agreed Memorandum of Understanding signed by the
authorities in Bosnia and Herzegovina in February 1998 and the decision of the
High Representative in May 1998 regarding the common license plates.
- The Steering Board also expresses its concern about
the continuing payments made by the Government of Croatia to Bosnian Croat
officials and military personnel. Such payments undermine the integrity of
Bosnia and Herzegovina and should be immediately phased out.
- The Federal Republic of Yugoslavia government took a
responsible position in supporting the creation of a government in Republika
Srpska which more effectively addressed the interests of Republika Srpska
residents. The Steering Board warns the FRY not to undermine this progress by
trying to induce new instability in Republika Srpska.
- The Steering Board calls on the governments of Bosnia
and Herzegovina and the Federal Republic of Yugoslavia immediately to complete
the establishment of diplomatic relations and the exchange of Ambassadors,
without preconditions, as previously agreed.
- The Steering Board is concerned by the steps which the governments of Croatia and the Federal Republic of Yugoslavia are taking to limit free and independent media, which negatively affects the information available to residents of Bosnia and Herzegovina.
Succession Issues
- The Steering Board, reconfirming the Sintra
declaration and the Bonn PIC Conclusions on Succession issues, has taken note,
with appreciation, of the High Representative's Report of 22 May 1998.
- The Steering Board notes with concern that only very
limited progress has been made in complying with the PIC call for effective
access to relevant records and data. Although the Federal Republic of
Yugoslavia has decided in principle to make certain documents available, the
Steering Board considers that that decision is inadequate to enable
negotiations on the draft Framework Agreement of 13 November 1997 to proceed
effectively and on an equal footing. The Steering Board renews the request
made by the PIC, and stresses the importance of compliance with it in full,
and without delay.
- The Steering Board also notes with concern the States' continuing lack of progress in arriving at a consensus on substantive issues of succession, within the framework of the Special Negotiator's draft of 13 November 1997. Negotiations on succession issues cannot continue indefinitely. Therefore, the Steering Board supports the recommendation of the High Representative that there be a pause in the negotiations until the end of September. A further negotiating session to consider the above mentioned draft will then be scheduled, assuming that appropriate conditions exist.
In the light of that session, the Steering Board will, if necessary and having regard to the recommendations of the High Representative, revisit the question, including the option of referring key outstanding issues to arbitration. In addition, consideration may be given to pursuing steps to distribute relevant assets held abroad.
High Representative
- The Steering Board commends the High Representative and his staff for their work. It emphasizes the importance of the High Representative's role in mobilizing, coordinating and giving guidance to the organizations and agencies involved in the civilian aspects of the peace implementation. It further expresses full support to him in making use of his authority under Annex 10 of the General Framework for
Agreement for Peace and under Section X of the Bonn PIC Conclusions. In
particular, the Steering Board fully approves and supports the interim binding
decisions made by the High Representative and encourages him to make further
recourse to such decisions, whenever he deems necessary.
- The Steering Board reconfirms that it will further
provide the High Representative with political guidance on peace
implementation. It will continue to meet every 4-6 weeks at the appropriate
level. Furthermore, the Steering Board agrees that financial implications will
be addressed when taking any decision on additional tasks to be carried out by
the High Representative.
- The Steering Board underscores that conditions must be established in order for Bosnia and Herzegovina to become a modern country with the key elements of democratic institutions in place and the basic factors of ethnic confrontation removed: that requires a self-sustaining peace. The Steering Board asks the High Representative to submit for its consideration a report on the state of peace implementation in Bosnia and Herzegovina by mid-September. The report should focus on progress in relation to, inter alia, the following goals in the main areas:
- A significant mass of returns reached and the
phased, orderly, peaceful return of refugees and displaced persons on a
self-sustaining basis in significant numbers.
- A self-sustaining and continuing cease-fire
supported by transparent mechanisms for military to military cooperation.
- A core of basic legislation that imposes the rule
of law and the establishment of an independent judiciary.
- Consolidation of free-market reforms, including a
transparent privatisation that precludes political influence on the key
economic sectors, and maintenance of an IMF program and effective free
movement of goods, services and capital within Bosnia and Herzegovina.
- The restructuring, re-integration, retraining and
equipping of police in both Entities in accordance with democratic and
professional standards.
- The dissolution of illegal pre-Dayton institutions,
with revenue and disbursement mechanisms brought under the control of
legitimate authorities.
- The regulation of media in accordance with
democratic standards and the availability of free and independent media
throughout Bosnia and Herzegovina.
- The regular conduct of elections and implementation
of election results in accordance with democratic standards.
- Cooperation by the Parties to the Peace Agreement
with the ICTY in the arrest and prosecution of war criminals.
- The consolidation of multi-ethnic institutions and
of a secure environment for returns in Brcko.
- Full cooperation in peace implementation by neighbouring countries.
Office of the High Representative
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