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Brcko
On 14 February in Rome, Chairman of the Brcko Arbitration Tribunal, Mr.
Roberts Owen, announced the tribunal decision on the dispute over the
Inter-Entity Boundary Line in the Brcko area. "No winner is being announced
todayˇ.we want international supervision for not less than one yearˇto
allow for a reduction in tensions", he said. Pointing out that the decision
firmly rejected the status quo, Mr. Owen said the tribunal "had not been
convinced that any of the three candidates were sufficiently stabilised to
take on the situation", hence the deferment of a final decision until 15
March 1998. The organisational arrangements of the Federation were still
incomplete; the RS's almost total disregard of its Dayton implementation
obligations in the Brcko area had kept the tensions and instability in the
region at a much higher level than was expected; and the joint institutions
of BiH had not yet developed into an effectively working government.
The arbitration ruling emphasised the "clear need to establish a programme
for implementation of the Dayton Accords in the area" and emphasised the
role of the international community in devising a detailed strategy to do
this. The Office of the High Representative would be expected to establish
an office and staff under the leadership of a Deputy High Representative,
whose functions would be to (a) supervise implementation of the Peace
Agreement in the Brcko area for not less than one year, and (b) strengthen
local democratic institutions in the area. The arbitration ruling outlined
nine key factors which would be included in the work of the Supervisor, the
elements of which include:
- Authority to promulgate binding regulations and orders to further
implementation and local democratisation.
- Assembling of an advisory Council which would include OSCE, UNHCR, SFOR,
IBRD, IMF the Institutions of BiH, local ethnic groups and others which the Supervisor deems appropriate.
- In liaison with SFOR, coordinate with UN IPTF and other police
mechanisms for ensuring (a) Freedom of Movement (FOM) and (b) that relevant
authorities undertake normal democratic policing functions.
- Establish with advice and assistance from the UNHCR, the Commission for
Displaced Persons and Refugees, and other appropriate agencies, a programme
to govern the phased and orderly return of former residents.
- Work with OSCE, and other concerned international organisations, to
ensure free and fair elections before the end of international supervision;
and, following such elections, issue such regulations and orders as may be
appropriate to enhance democratic and a multi-ethnic administration of Brcko.
- Assist the various international development agencies to develop and
implement a targeted economic revitalisation programme.
- Guide and encourage efforts of the Parties to attract public and private
investment aimed at reviving the Sava River port in Brcko.
- Assemble a group of international customs monitors to work with
appropriate authorities of the Parties toward the establishment of
efficient customs procedures and controls.
- The State of BiH would open negotiations with the Republic of Croatia to
arrive at mutually agreeable arrangements for customs procedures and border
crossings.
The High Representative, Carl Bildt, said that the decision was an
important further step in the process of implementing the Peace Agreement
in BiH. Confidence in full respect for FOM, established procedures for
return of refugees and DPs, major efforts towards economic reconstruction
and municipal elections, followed by a prompt and complete installation of
the new municipal leadership were all of paramount importance during the
coming period of supervision, said Mr. Bildt. "Taken together, these
measures should, during the coming year, make it possible to transform
Brcko from an area of confrontation to an area of cooperation between the
different constituent nations of BiH", he said. Mr. Bildt added that the
Steering Board of the Peace Implementation Council would meet in Brussels
on 19 February to discuss further steps necessary to undertake the
supervision tasks laid down in the Arbitration Tribunal decision. "It is my
intention to nominate a Deputy for this task. I have asked the United
States to propose candidates, and a discussion on this is already
underway", he said. Concluding his statement, Mr. Bildt added that it was
his firm intention to complete the supervision phase after one year. "After
this period, and after review by the Arbitration Tribunal, the area must
find its place within the structures laid down in the Constitution of
Bosnia and Herzegovina" he said.
Mostar
On 12 February, President Izetbegovic, President Zubak, Co-Chairman
Silajdzic, Vice Chairman Tomic, Foreign Minister Prlic, HDZ President
Rajic, SDA Vice President and Prime Minister Bicakcic, Mostar Mayor Prskalo
and Deputy Mayor Orucevic met in Sarajevo to address the recent events in
Mostar. The meeting was chaired by the Principal Deputy High
Representative, Ambassador Michael Steiner. Also present were COMSFOR
General Crouch. Acting Police Commissioner Wassermann and Head of OHR South
Garrod.
The participants condemned in strongest terms the violent acts committed in
Mostar, as well as all provocative acts preceding the recent crisis, and
agreed on twelve measures to deal with the situation and prevent similar
events from occurring. It was decided that UN IPTF would conduct an
independent investigation to be submitted within a week to the principals
of the major implementation agencies and Contact Group. Local police would
comply with the demands of the investigation team and assist them in their
work. Participants agreed to accept and endorse the IPTF report in full,
and agreed that perpetrators would be arrested and brought to trial. Anyone
holding office who was found to be involved would be dismissed.
Participants further guaranteed that all citizens evicted from their homes
would be returned without delay, and those responsible identified arrested
and prosecuted. The Cantonal Minister of the Interior and his Deputy would
be personally responsible for the implementation of this particular
provision. UN IPTF and SFOR were requested to keep an increased presence in
Mostar until the situation had further stabilised. Long barreled weapons
would be confiscated from local police and civilians by IPTF and SFOR. All
obstacles to FOM, including illegal checkpoints, would be immediately
removed. Participants also agreed to reconnect telephone lines between east
and west Mostar, and to keep these lines open.
Decisions of the Media Experts Commission and the Provisional Elections
Commission with respect to inflammatory statements in the media would also
be implemented. Ambassador Steiner drew the participants' attention to the
21 January request of the Presidency of the European Union, and of the
Steering Board of the Peace Implementation Conference (PIC), to the OHR to
identify individuals responsible for human rights violations and serious
contravention of the letter and spirit of the Peace Agreement, with a view
to barring their travel to Europe and overseas. Steiner announced that,
based on UN IPTF's findings in Mostar, he would make recommendations to EU
governments and the PEC Steering Board members in this regard.
Following the 12 February Agreement, UN IPTF reported that of 28
evictions which had been carried out last week, 23 people had been returned
to their homes in west Mostar. The 5 remaining people had indicated they
did not wish to return for fear of their safety. UN IPTF said they were
satisfied with the assistance they had received from local police officers
in achieving these reinstatements, but stressed that they had received
reports of further threats of eviction in recent days.
UN Special Rapporteur for Human Rights, Elisabeth Rehn, expressed "deep
regret and sorrow" at the 10 February incident. In a letter to Federation
President, Kresimir Zubak, she said that she was also aware "that the
authorities of the Republic of Croatia are exercising serious influence in
the region and therefore also bear responsibility for the human rights
prevailing there". In response to the recent developments in Mostar, Mrs.
Rehn will visit the city on 20 February in the course of her mission to the
former Yugoslavia. She will hold meetings with Head of the OHR South
office, Sir Martin Garrod, among others.
Joint Bodies
The Council of Ministers (CoM) held a session on 12 February, chaired by
Co-Chairman Boro Bosic, at which the text for the Rules of Procedure were
agreed upon and are expected to be signed at the next CoM session.
Co-Chairman Haris Silajdzic said that the status of Deputy Ministers had
been resolved "pursuant to the Dayton Accords". It was further agreed that
the Ministers and their Deputies would prepare all necessary documents on
the relevant draft laws by 20 February, which is the scheduled date for the
next CoM session.
Human Rights
On 15 February, RS authorities released 10 Bosniak men who had been
arrested near Kijevo in August. After being found guilty of illegal
weapons possession they had been sentenced to Kula prison until the end of
October. However, RS authorities continued to detain them after this time,
alleging that they were being investigated for possible involvement in war
crimes. Human rights monitors reported that the continued detention may
have been for exchange purposes. International officials had intervened
with the RS authorities on a number occasions on the case, and UN IPTF
Commissioner Fitzgerald wrote to the RS Ministers of Justice and Interior
protesting the continued detention and demanding their immediate release.
IPTF report that the men appeared to be well and had no complaints about
their treatment in prison.
Human rights monitors are following investigations into the case of a
Serb man in Zavidovici who died last month after a booby trap that had
been set at his front door exploded. It is unclear whether the act was
ethnically-motivated or was related to a personal vendetta. Several
incidents of harassment of Croat residents in the town were also reported
last month, allegedly committed by "extremist" groups. OSCE reported that
the Minister of the Interior for the Zenica-Doboj canton announced on 25
January that several police officers in Zavidovici would be dismissed from
their posts and that the police department would undergo a major
reorganisation in response to public criticism that local police have not
responded adequately to security threats against local residents,
especially minorities. Human rights monitors are also looking into
allegations by Croat residents in Maglaj that they are facing increasing
pressure from local authorities to leave the area.
UN IPTF reported harassment and assault on minority groups in Buna,
Tomislavgrad, Bugojno, Orasje, Gracanica, Teslic, Odzak, Modrica and Cazin.
It is believed that a number of the incidents may have been repercussions
from last week's increase in tensions in Mostar.
OSCE is implementing several initiatives in the Una-Sana canton to
enhance dialogue among political parties and improve community relations.
OSCE's staff, in cooperation with the Federation Ombudsmen's office, have
been organising roundtable discussions for political parties in Cazin and
Velika Kladusa in which participants discuss issues of concern with
opposition parties and their supporters. Topics include employment
discrimination, access to office space, the media, property issues, and the
functioning of the local courts. OSCE has also organised human rights
workshops for students at two Velika Kladusa schools. They hope to expand
the programme to the local high school, where monitors have reported that a
teacher there continues to separate students on the basis of their national
background and their parents' political beliefs.
Right to Return
UNHCR convened the JCC Working Group (WG) on Refugees and DPs in Sarajevo
on 12 February. Issues discussed included minority returns in general,
persons in non-refugee like situation, buffer accommodation, administrative
rules and regulations pertaining to physical movements (tax exemptions
relating to the importation of personal effects and economic inventory; war
taxes), and amnesty law and citizenship issues in general. The WG was also
briefed on the Repatriation Information Centre, which is hoped to be
established by the 20 March.
In an ongoing initiative, promoted by the OHR and OSCE in the Sarajevo
area, Serb, Croat and Bosniac residents of the village of Dobrosevic met
for a second time on 12 February. They discussed community relations and
security conditions for the approximately 250 remaining Serbs in the area.
Participants exchanged views on recent incidents of harassment of Serb
villagers by Bosniac DPs from eastern Bosnia, and addressed their concerns
to municipal authorities who attended the session, including the Mayor of
Novi Grad.
Legal Issues
The first meeting of an international expert team tasked with reforming the
Criminal Code and the Code of Criminal Procedure of the Federation of
Bosnia and Herzegovina was held in Sarajevo on 11 February. Members of the
team, who include representatives of the Bar, Prosecutors' and Judges'
Associations, the law faculties of the Universities of Sarajevo and Mostar,
the Supreme Court, OHR, UN IPTF, the UN Crime Prevention and Criminal
Justice Division, the Council of Europe, and the American Bar Association/
Central and East European Law Initiative (ABA/CEELI), adopted a timetable
for drafting the new legislation. The meeting was presided over by
Federation Justice Minister Tadic, who said that the adoption of a criminal
statute would enable better protection of human rights and provide a basis
for developing democracy in BiH.
Federation
Minister of the Interior for the Federation of BiH, Mehmed Zilic, announced
on 14 February the abolition of the 11 p.m. to 5 a.m. curfew in territory
of the Federation, except in Mostar where the curfew would remain in force
(from 9 p.m. to 6 a.m.) until tensions had calmed down. According to a
statement from Mr. Zilic's office, there are no longer any reasons to
maintain measures to limit citizens' movements. The statement said that the
abolition of curfew would not endanger the safety of citizens since police
forces would concurrently increase their activity.
Health Issues
On 14 February a Workshop on Developing Environmental Health Action Plan
was held in Sarajevo. The Workshop was organised by the World Health
Organisation and Prof. Dr. Arif Smajkic, Director of the Institute of
Public Health of BiH. Guests of honour were the Federation Minister of
Health, Prof. Bozo Ljubic and of Agriculture, Prof. Ahmed Smajic.
The workshop aims to produce a framework for reconstruction of the
environmental health infrastructure for all of BiH. Although RS
representatives did not attend this meeting, Prof. Smajkic was hopeful that
they would become regular participants in the Workshop. An official from
the OHR, who also attended the meeting, emphasised that the environment and
health are issues that do not observe boundaries and expressed the hope
that all concerned in BiH would manage to find a way to sit down together
and address the issues jointly.
European Commission
A Phare Technical Assistance Unit (Phare TAU) has been established in
Sarajevo on behalf of the European Commission. The Phare TAU will handle
all operational logistic arrangements for the Phare Framework Experts
involved in the EC Reconstruction Programme and facilitate their mission in
BiH,
Economic Assistance
Nine ambulances were delivered to Sarajevo health centres on 12 February.
The ambulances, which were purchased with donations from German TV viewers,
were delivered in cooperation with the German aid agency Johanniter
Unfall-Hilfe.
Looking Ahead
- 19 February
- Steering Board of the Peace Implementation Council, Brussels
- 22-23 February
- Coalition for Return Meeting, Tuzla
- 25 February
- Governing Council, Open Broadcast Network, OHR Brussels
- 13 April
- Scheduled visit to Sarajevo by Pope John Paul II
See our Chronology for a full list of activities
The OHR Bulletin is produced by the Public Affairs Department of the Office of the High Representative in Sarajevo and aims to give an overview of what is happening on the ground in the civilian implementation of the Dayton Agreement. Suggestions and contributions are welcome and should be addressed to the Public Affairs Department of the Office of the High Representative in Sarajevo (387-71) 447 275 ext. 562, Fax (387-71) 447 420. Callers from outside BiH dial via Brussels switchboard: Tel. (32-2) 737 7500 & Fax (32-2) 737 7501
OHR Bulletin nr. 37, issued 18 February 1997.
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