 |
Sintra Deadlines
The joint BiH Presidency made a breakthrough on 7 August on a number
of key issues related to the agreement on the appointment of
Ambassadors, telecommunications issues and the Standing Commission on
Military Matters. With regard to the distribution of Ambassadors posts,
the agreement brokered envisages 33 embassies and permanent missions. Of
these, 13 Ambassadorial posts will be nominated by Presidency Chairman
Izetbegovic, 11 by Presidency Member Krajisnik and 9 by Presidency
Member Zubak. Mr. Izetbegovic will nominate a candidate for the UN, New
York post, Mr. Krajisnik for Washington, and the candidate for the Tokyo
post will be nominated by Mr. Zubak, subject to approval by Mr.
Izetbegovic. The agreement on telecommunications now clears the path for
the EBRD agreement previously signed by Mr. Zubak and Mr. Krajisnik, to
be signed by Mr. Izetbegovic also. Parties agreed that BiH would have a
single telecommunications code and telephone area code, whilst three
other sub-codes were agreed for Sarajevo, the rest of the BiH
Federation, and the RS. Agreement was also reached on the procedures,
composition and timing for the Standing Committee on Military Matters.
Although they had come close to a final solution in recent days, the
joint Presidency had come under increased pressure since failing to
reach the 1 August deadline as laid down in Sintra. On 2 August the High
Representative (HR) Carlos Westendorp had written to members of the
Peace Implementation Council (PIC) Steering Board (SB) recommending that
they suspend relations with the Ambassadors of BiH until a solution on
the appointment or confirmation of Ambassadors representing BiH was
reached. Key IC members,
including EU countries and the US had responded quickly and resolutely
to the recommendation. Further pressure came on 7 August following
intensive meetings held with US Special Envoy Richard Holbrooke and US
Special Representative Robert Gelbard in Lukavica and the National
Museum in Sarajevo.
Commenting on the successful outcome of the Presidency meeting, Senior
Deputy HR, Ambassador Gerd Wagner, who also participated in the
negotiations, said that at the meeting "it was once again made clear to
our Bosnian partners that the OHR and other members of the PIC SB and
Contact Group have the same aims and were working together very closely
to reach those aims".
Ambassador Wagner briefed the Contact Group members on 8 August
recommending that the suspension in relations with the BiH Ambassadors
now be lifted.
At a press conference on 8 August, Under- Secretary designate for
International Affairs at the US Treasury, Mr. David Lipton, said that
among those important issues that had not yet been decided was agreement
on the design of the common currency coupon. Emphasising the importance
of this with regard to the establishing of the Central Bank, he urged
that the Parties overcome their differences and find a solution to
enable economic progress of BiH to move forward.
In his 2 August letter to the PIC SB members, HR Westendorp also
informed that, despite considerable efforts by the OHR over past days
and weeks to assist the CoM in adopting the Draft Laws on Citizenship
and Passports, as well as the reconstitution of the Civil Aviation
Authority (CAA), the results had been unsatisfactory. At a press
briefing on 2 August Mr. Westendorp noted that, though considerable
progress had been achieved on these issues the "clock had stopped", in
the sense that the deadline had been missed. Expressing his confidence
that solutions for the outstanding problems could be found in the near
future, Mr. Westendorp explained that though further recommendations had
been made to PIC SB members there remained a "window of opportunity"
between the IC responding to these recommendations and the CoM finding a
solution to the outstanding problems.
Split
Chairman of the BiH Presidency, Alija Izetbegovic and Croatian
President Franjo Tudjman, as well as senior officials of the Federation
of BiH, led by Federation President Soljic, met in Split on 6 August.
The Parties comprehensively examined the implementation of the Dayton
and Washington agreements, the development of cooperation between the
Republic of Croatia and BiH, and in particular the strengthening of
relations in the BiH Federation and its cooperation with the Republic of
Croatia.
A joint statement released after the meeting confirmed the Parties'
readiness for consistent, comprehensive and accelerated implementation
of the peace agreements. The Parties confirmed their joint commitment to
the preservation and strengthening of the integrity, sovereignty and
political independence of BiH, structured constitutionally as a State of
three equal constituent nations and two multi-ethnic Entities.
Strengthening of the BiH Federation was mutually assessed to be a
particularly important contribution to the peace process and an
irreplaceable framework for the attainment of equal national, political
and other interests of the Croat and Bosniak peoples.
The Parties agreed on the establishment of a Council for Cooperation to
regulate the relations between Croatia and the BiH Federation in
accordance with the BiH Constitution, the peace agreements, the Sintra
Declaration and the conclusions of the OHR.
It was also decided that a special mixed legal-political group would
harmonise the signed bilateral agreements and prepare other agreements
of mutual interest. Particular consideration would be given to a
permanent solution for the use of the port of Ploce and passage through
Neum, as well as to the agreement on property-related relations,
protection of investments, dual citizenship and other issues.
An expert group would meet to prepare a programme of measures for
promoting economic cooperation, balancing trade, amending the
custom-free trade regime, in particular the trade in energy sources and
other issues related to the implementation of the Agreement on Economic
Cooperation and Trade.
Through a special annex to the Agreement on Border Crossings it was
agreed to immediately allow for the opening of new border crossings
along the entire frontier. Preparations of the proposal for the
arrangement and construction of joint border crossings would start
immediately.
Cooperation with the International Criminal Tribunal for the Former
Yugoslavia (ICTY) would continue.
The Parties reaffirmed the right to an organised, voluntary and safe
return of refugees to their homes, along with protection from
intimidation. An integral Programme of Return would be prepared in this
regard and the necessary steps for assistance in reconstruction and
development in order to promote return would be agreed.
Intensification of overall activity in the search for missing persons
was also emphasised.
It was jointly assessed that the media played a particularly important
role in developing a positive relationship toward the strengthening of
the BiH Federation and overall implementation of the peace agreements.
The media were called upon to contribute to reaffirmation of confidence
and reconciliation in the spirit of the joint statement and that this be
done in accordance with the freedom and independence of the media.
US Special Envoy Richard Holbrooke, currently visiting the Balkans,
and Special Representative Robert Gelbard also met with the BiH and
Croat leaders in a bid to reinforce the new agreement between the two
Presidents. A statement released by Mr. Holbrooke and Mr. Gelbard after
the meetings commended the Parties' willingness to accelerate the
implementation of the peace agreements in order to establish functioning
democratic institutions in BiH and preserve its integrity and
sovereignty.
Reaffirming US readiness to provide assistance in resolving all open
issues in the Federation in the spirit of the Presidents' joint
statement, through the institutions of the Federation and in the
framework of the Cooperation Councils, the statement outlined specific
steps which had been agreed. These included a number of deadlines on
issues related to the return of refugees and DPs, strengthening of the
Federation, border issues and economic cooperation. Progress made
recently on outstanding issues from the Sintra commitments, was also
further reinforced.
Right to Return
On the weekend of 1-3 August UN IPTF and SFOR reported that Bosnian
Croats protesting the return of Bosniak DPs to Jajce and surrounding
villages had used intimidation to force the evacuation of about 500
Bosniaks from the area. Roadblocks had been erected on the main road
from Jajce to Sarajevo and vehicles had been parked across the highway.
Although IPTF had advised local police and the Deputy Minister of
Interior to remove the obstacles, Croat police refused to comply. Four
houses were reported to be burning in the village of Psenik, and two in
the village of Kottowa on 1 August. On 3-4 August, another four houses
were set on fire in nearby villages. A man's body was found in one of
the burned houses in Kruscica and an investigation into his death is
underway.
The Principals of the leading implementation organisations, including
OHR, SFOR, UNMIBH/UN IPTF, UNHCR and OSCE wrote to Federation President
Soljic and Vice-President Ganic on 3 August regarding the recent
situation in Jajce. There were indications that the local police may
have been involved in the incidents, which appeared to have been
orchestrated by persons as yet unidentified. Local authorities, if not
directly involved in the events, had not lived up to their
responsibility to maintain the rule of law and order. Describing the
events as "unacceptable", the Principals said that what had happened was
"not only in direct contravention of Annex 7 of the Peace Agreement, but
also threaten[ed] the improving political and security climate in the
whole Federation". The Principals demanded that:
- the authorities in the Central Bosnia Canton (CBC) be instructed to
re-establish law and order and prevent people from unlawful and
retaliatory actions;
- conditions be established within 48 hours which would enable families
who left Jajce to return to their homes with full guarantees for their
safety;
- there be a full investigation into the events to identify those
responsible. The UN IPTF would submit a report within seven days. The
local authorities would be instructed to fully cooperate with UN IPTF.
Perpetrators must be punished and the Principals would press for the
removal of those found to be politically responsible.
The Principals also requested that officials of the CBC meet at the OHR
to discuss follow-up action.
On 5 August, pursuant to the Principals' letter, the Federation
President Soljic, Vice-President Ganic, Prime Minister Bicakcic,
Minister for Refugees Kadic and his Deputy Ljubic met with the Governor
of the Central Bosnia Canton Saric, his Deputy Terzic and other Canton
officials to discuss the situation in the Canton. The meeting was
chaired by the Senior Deputy HR , Ambassador Wagner. COSSFOR Widder, UN
Special Representative of the Secretary General (SRSG) Ambassador Eide,
UNHCR Special Envoy Faubert, OSCE Deputy Head of Mission Jenness and
Deputy Police Commissioner Schumm were also present.
The participants deplored the events which had taken place in Jajce and
expressed their resolve to use all their authority to prevent similar
incidents in the Canton in the future. They also expressed their
determination to continue to support return to, and within, the CBC, as
well as in the whole Federation, in full respect for the provisions of
Annex 7 of the Peace Agreement.
In taking note of the Principals letter, Federation officials accepted
that they were fully responsible for re-establishing law and order, for
immediate establishment of conditions enabling returns, and full
investigation into the events and identification of those responsible.
Federation officials regretted the lack of action of the cantonal and
local authorities which forced SFOR to establish area security to
protect returnees from violence and prevent an escalation of the
situation.
To facilitate the return of refugees and DPs in a safe manner and to
improve the security situation in the CBC, participants decided the
following:
- The CBC would declare its firm intention to welcome back all former
inhabitants regardless of their national belonging. They would give
priority to return issues and open up municipalities and villages to
returnees. For this purpose Minister of Refugees and his Deputy, as well
as Canton officials would straight away form a Working Group (WG) under
the JCC Sub-Commission for Refugees, in which OHR, SFOR, OSCE and UNIPTF
would also participate. The WG would discuss the approach to returns, a
programme for return to the Canton provided by the Ministry for
Refugees, in strict accordance with Annex 7 of the Peace Agreement.
Particular attention would be devoted to security of returnees. Action
would also be taken on complaints concerning the denial of returns to
specific municipalities in the CBC.
- As an immediate step, those DPs who left Jajce in fear would be
enabled to return to their villages by the end of next week. Cantonal
and municipal authorities and political leaders would in this time make
public statements inviting all former inhabitants of the CBC to return
to their pre-war homes.
- Canton officials signed the Agreement on Canton Police and decided to
accelerate its implementation.
- Canton authorities would immediately provide premises for the
Federation Ombudsmen to open a regional office in Travnik.
The participants decided to meet again in ten days to discuss the UN
IPTF report and to review first results of the meeting.
Further discouraging reports from UN IPTF of continued arson attacks
in two different villages in the Jajce area on 4 and 5 August have
resulted in a heightened SFOR presence in the area.
On 1 August in Vogosca 50 -100 Bosniak DPs, mostly women and children,
attacked the municipality building where a group of Serb DPs were
meeting with local authorities and international officials to discuss an
assessment visit to their homes. The crowd, which was clearly organised
and had been forewarned of the visit, menaced UN IPTF monitors outside
the building with clubs and rocks, damaged several vehicles and tried to
forcibly enter the building. When prevented from doing so, they threw
rocks at the building, damaging several windows.
UNIPTF and UNHCR praised the effective action of the cantonal police
who successfully organised the safe and speedy departure from the
building of those participating in the meeting. This, they said, was in
marked contrast to the action of the local police in Jajce who failed to
prevent the incident which took place.
The following day HR Carlos Westendorp sent a letter to Federation Prime
Minister Bicakcic and Governor of the Sarajevo Canton Haracic condemning
the "criminal incident", which he said "[would] certainly have negative
consequences as regards returns to Vogosca and the [Sarajevo] Canton as
a whole". This was all the more unfortunate given Vogosca's
participation in the UNHCR's "Open Cities" initiative. Mr. Westendorp
deemed that it was indeed regrettable in view of the Canton's importance
to resolving the problem of Bosniak returns to Brcko and the RS. Mr.
Westendorp said he found it "especially shameful that some members of
the community were willing to manipulate the emotions of Bosniak victims
of Srebrenica and Zepa living in Vogosca to victimise others in a
criminal manner", and appealed to the Federation authorities to address
the incident seriously by taking measures against its organisers who, he
said, had also organised other attacks against Serbs in the area.
In his reply to the HR on 4 August Federation Prime Minister Bicakcic
pledged the authorities' commitment to investigating and punishing the
organisers of the incident, and their determination to fully implement
Annex 7 of the Peace Agreement.
Joint Police Forces
UN IPTF Commissioner, Manfred Seitner, expressed satisfaction with the
recent progress made in the establishment of the cantonal police in the
Neretva and Central Bosnia Cantons. In the Neretva Canton, the cantonal
police was now operating in Capljina, Citluk, Stolac, Neum and
Jablanica. The Commissioner said he hoped that similar progress would
soon be made in the other cantons.
Human Rights
UN IPTF announced on 5 August, that their officials had discovered
two missing Serb men who had been taken as prisoners of war on 10
September 1995 by the Bosnian Army. Acting on information provided by
relatives concerning the whereabouts of the two men, the IPTF officers
visited a prison in Zenica on 3 August. The men were found locked in a
room in a building situated at the rear of the main administration
block, away from the other detention facilities. The men identified
themselves as Nehad Skrbic and Dusan Skrbic, originally from Teslic.
Their faces matched the photographs of the missing Serb men carried by
the IPTF officers. UN IPTF said that the authorities were unable to
produce the men's detention papers and initially refused to release
them. After notifying ICRC of the case, the IPTF issued a deadline of
noon 4 August for the prison authorities to come up with documentation.
After talks the deadline passed and the authorities agreed to release
the men, who were then transported to Banja Luka and reunited with their
families.
The SRSG, Ambassador Kai Eide, stressed that the detention of the
individuals without legal justification and for such a lengthy period
was in gross violation of international humanitarian law and the terms
of the Dayton Agreement. Ambassador Eide expects the Federation
authorities to investigate the case and bring to justice those who
violated the human rights of these two individuals. UN IPTF will also
conduct its own investigation.
OSCE
The Election Appeals Sub-Commission (EASC) met on 5 August to consider
642 individual appeals to register to vote in one of 74 municipalities
throughout BiH. The overwhelming majority of the 642 appeals were filed
by DPs seeking to register in a municipality that was different from
their 1991 residency.
In rendering its decision the EASC reaffirmed the right of all citizens
of BiH to vote in the municipal elections. The question presented in
each of the 642 appeals, however, concerned where a citizen may vote.
Relying on its recent decision regarding individual appeals from Brcko,
the EASC noted that where a citizen may vote was subject to the terms
and conditions of the General Framework Agreement for Peace in BiH
(GFAP) and the PEC Rules and Regulations (PECRR).
The general rule enunciated in GFAP provides that all citizens of BiH
are expected to vote in the municipality where they resided in 1991. A
limited exception to this general rule allows DPs to apply to vote in
their current municipality. Under Article 10(b) of the PECRR, the only
documentation sufficient to allow a DP to vote in his/her current
municipality is a residency receipt or a refugee/DP card issued by the
appropriate municipal authority on or before 31 July 1996. Persons
presenting refugee/DP cards or resident receipts issued after 31 July
1996 cannot vote in their current municipality.
Of the 642 individual appeals that the EASC adjudicated:
- 40 satisfied the Article 10(b) criteria and are allowed to register
in their municipality of choice.
- 485 failed to comply with the Article 10(b) criteria and cannot
register in their current municipality. Instead, these 485 appellants
may register in the municipality where they resided in 1991.
- The remaining 117 appeals raised questions of citizenship and were
referred to the Citizenship Verification Sub-Commission.
Finance Investigation Commission
The Commission tasked with investigating the expenditure of donations to
BiH was established on 6 August. The Commission will consist of
representatives of the international community working with BiH
authorities and will include the Public Prosecutor for the BiH
Federation, a Board Member from the National Bank, Chief of the
Federation Financial Police, Deputy Director of the Federal Agency for
Banking, and Financial Director of Elektroprivreda. Of the invitations
sent to the international organisations, so far the US Embassy and
European Union have nominated members to the Commission.
Telecommunication Links
On 5 August, for the first time in five years, direct telephone links
between Sarajevo and Banja Luka and Trebinje became operative. The area
code for Banja Luka is 078 and for Trebinje 089.
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.
Tel. (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.
If you would like to be added to the OHR Bulletin e-mailing list, or if you have any information/comments about the Bulletin, please 'phone/fax on the above numbers, attention Monika Stedul or send an e-mail to: monika.stedul@ohr.int"
You are warmly welcome to visit to our OHR web site which offers substantial information about the OHR and its work, local BiH news summaries (updated daily), HR statements, press briefing transcripts, major conference conclusions, OHR Bulletin back issues, chronology, further links and more. http://www.ohr.int
OHR Bulletin nr. 57, issued 08 August 1997.
|
