Office of the High Representative Documents


High Representative's Decision

Decision on the implementation by the BiH authorities of the GFAP with a view to reconciliation and multi-ethnicity

1 July 1998

 
Acceleration of implementation

The High Representative wishes to remind the authorities in Bosnia and Herzegovina and its Entities that the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and its Annexes (GFAP) by them needs to be accelerated in order to establish enduring peace and stability in Bosnia and Herzegovina, to create the necessary conditions for the peaceful, phased and orderly return of refugees and displaced persons and to guarantee the respect to the basic constitutional principles of reconciliation and multi-ethnicity.

Pursuant to his authority under Annex 10 to the GFAP, emphasised in Section X of the Bonn Document of December 1996 as well as in paragraph 107 of the Luxembourg Declaration of June 1998, the High Representative has the authority to take any measures which he deems necessary in order to ensure that the GFAP is speedily implemented by the competent authorities in Bosnia and Herzegovina and its Entities in accordance with the principles laid down therein and by taking a number of confidence building measures.

Respect of general principles

  1. Laid down in Annex 4 to the GFAP

    General principles of peace, justice, tolerance and reconciliation, as well as respect for human dignity, liberty and equality, as laid down in Annex 4 (Constitution of Bosnia and Herzegovina) to the GFAP, must be respected and applied by all authorities in Bosnia and Herzegovina vis-a-vis citizens of all cultures and religions and other persons within their jurisdiction. In particular, the following provisions of the BH Constitution need to be underscored:

    • Second sentence of its Preamble

      Stressing the dedication "to peace, justice, tolerance and reconciliation"

    • Article II: Human rights and fundamental freedoms

      1. Human Rights

        "Bosnia and Herzegovina and both Entities shall ensure the highest level of internationally recognised human rights and fundamental freedoms."

      2. International Standards

        "The rights and freedoms set forth in the European Convention for the protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. These shall have priority over all other law."

      3. Enumeration of Rights

        1. "The right to a fair hearing in civil and criminal matters, and other rights relating to criminal procedures" (in particular, the right to an independent and impartial judiciary);
        1. "The freedom of thought, conscience and religion";
        2. "The freedom of expression" (in particular, the right to independence, fairness and freedom of the media);
        1. "The right to education";
        2. "The right to liberty of movement and residence".

      4. "Non-discrimination.

        "The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in Annex I to this Constitution shall be secured to all persons in Bosnia and Herzegovina without discrimination on any ground as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status".

  2. Laid down in Annex 7 to the GFAP

    Under Article I(3) of Annex 7 (Agreement on Refugees and Displaced Persons) to the GFAP, Bosnia and Herzegovina and its Entities are under the obligation to immediately take a number of confidence building measures in order to "demonstrate their commitment to securing full respect for the human rights and fundamental freedoms of all persons within their jurisdiction and creating without delay conditions suitable for return of refugees and displaced persons".

    The Annex, thus, goes beyond the scope of the protection of the right of refugees and displaced persons, by enumerating confidence building measures which also concern all persons within their jurisdiction. These measures are the following:

    1. the repeal of domestic legislation and administrative practises with discriminatory intent or effect;

    2. the preventive and prompt suppression of any written or verbal incitement, through media or otherwise, of ethnic or religious hostility or hatred;

    3. the dissemination, through the media, of warnings against, and the prompt suppression of acts of retribution by military, paramilitary and police services, and by other public officials and private individuals;

    4. the protection of ethnic and/or minority populations wherever they are found and the provision of immediate access to these populations by international humanitarian organisations and monitors;

    5. the prosecution, dismissal or transfer, as appropriate, of persons in military, paramilitary and police forces, and other public servants, responsible for serious violations of, the basic rights of persons belonging to ethnic or minority groups."

    The authorities in Bosnia and Herzegovina must take the above measures without delay whenever they have not done so yet and must ensure that such measures are respected by every person within their jurisdiction.

    Reconciliation and multi-ethnicity in the implementation of the GFAP

    It follows from the above mentioned constitutional provisions that any action or measure by the authorities, aimed at a change towards less multi-ethnicity or at modifying the ethnic balance by means other than (1) the natural effect of the return of refugees and displaced persons in accordance with the Constitution, or (2) the reconstitution of the pre-war situation, including the establishment or reinforcement of ethnic boundaries or the incitement to or creation of ethnic division, must be considered as a violation of the GFAP and an obstruction of the peace process.

    In case the competent authorities, whether at state, entity, cantonal or municipal level, do not take the above measures and do not respect or apply the above principles, the High Representative, as the guardian of the civilian implementation of the GFAP, will not hesitate to use his authority under Annex 10 to the GFAP and take whatever measures and decisions he deems fit, including the removal from office of elected and appointed officials, in order to further the peace process and to establish the necessary conditions for a democratic society without risk of harassment, intimidation, persecution or discrimination, in particular on the basis of ethnic origin, religious belief or political opinion.

Sarajevo, the 1st of July 1998

 

Carlos Westendorp
High Representative

Office of the High Representative