|
|
|
Overall objectiveRule of Law - Judicial Reform: Without the rule of law and an independent and impartial judiciary, there can be no future for Bosnia and Herzegovina as a modern, prosperous European nation. The Peace Implementation Council in Madrid confirmed the establishment of the rule of law, in which all citizens have confidence, as a prerequisite for a lasting peace, and for a self-sustaining economy capable of attracting and retaining international and domestic investors. The Peace Implementation Council identified a program of judicial reform through which the rule of law in Bosnia and Herzegovina can be achieved, including: the creation of an independent, impartial and multi-ethnic judiciary; strengthening prosecution of organized crime, return-related violence, corruption and other serious criminality; rationalizing and reinforcing the institutions for human rights protection; better public information about the rights of citizens and legal assistance; developing and implementing an equitable mechanism to enforce legal rulings. Human Rights: Bosnia and Herzegovina will not be accepted as a modern, democratic European state until all its citizens enjoy full protection of their human rights, including freedom from discrimination. The work of the Annex 6 and 7 institutions must be sustained in 1999, during which a strategy must be developed for their eventual incorporation in the state budget or phasing out, as appropriate. BiH State Border Service: A major impediment to the establishment of an integrated Bosnia and Herzegovina is the absence of a viable national border police. Consequently, BiH lacks a key characteristic of the sovereignty, territorial integrity, political independence and international personality normally associated with sovereign nation-states. The BiH State Border Service will uphold the integrity of, perform surveillance on, and exercise control over the internationally recognized border of BiH. The Border Service will enforce the BiH Law on State Border Service, BiH Law on Immigration and Asylum, and ensure enforcement of relevant Cantonal and Entity laws as provided for in state-level legislation. The formation of the State Border Service will be an expensive proposition as the project will be unable to draw on BiH governmental institutions and infrastructure. The international community will have to assist in start-up costs for training, equipping, and supporting the new force, and may also have to extend its resources in order to advise and oversee the State Border Service. Local Police Reform & Development: Under Annex 11 of the General Framework Agreement for Peace, the UN International Police Task Force (IPTF) was established as part of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) to train, advise and assist the local police in Bosnia and Herzegovina. Specifically, UN IPTF is assisting in restructuring, reforming and democratizing the local police in accordance with internationally recognized standards. These efforts would enhance the professional nature of local police and render them more accountable to the elected authorities and the public they serve. A restructured, reformed and democratized police is one of several necessary conditions to establish the rule of law in Bosnia and Herzegovina. Rule of law is the foundation for a sustainable peace and a prerequisite for minority returns and the rebuilding of a multi-ethnic democratic society. Projects focus on various aspects of the restructuring and reform agreements, including the renovation of police facilities, procurement and distribution of vehicles, communications/data processing equipment, office furniture, generators, uniforms, training equipment, and basic and specialized training. Initiatives to ImplementMadrid CommitmentsOffice of the Republic Prosecutor in Republika Srpska: Improve the capacity of the Republic Prosecutor to supervise public prosecution and take over cases from subordinate prosecutors as well as provide an appropriate check and balance system in criminal investigations by allowing public prosecutors to provide direction in police investigation. Office of the Federal Prosecutor in Federation: Enhance and strengthen the effectiveness of the Federation Prosecutor's Office and establish a functioning first instance jurisdiction of the Federation Supreme Court. Computers for Local Prosecutor's Offices in the Federation: Fund the initial phase of computerization for Cantonal and Municipal Prosecutors' offices by providing basic computer equipment to the offices along with initial training in each Canton. Computers for Courts in the Federation: Fund the initial phase of computerization for Cantonal and Municipal courts in the Federation by providing basic computer support for the Cantonal and Municipal courts, case management software and initial training in each Canton. Computers for Courts in the Republika Srpska: Provide basic computer support for court in the Republika Srpska which were not beneficiaries of the UNDP/UNICCP program. Judicial Training Institutes (Fed. & RS): Establish judicial training centers in each Entity to ensure that an organized, coherent training program is available to all segments of the legal profession. BiH Benefits Commission and Republika Srpska Branch : Ensure availability of legal aid in BiH until the BiH Government(s) can assume responsibility for a well-established and well-functioning legal aid system. Legal Literature for Courts and other Legal Institutions in BiH: Ensure that legal literature can be made available to different legal institutions with strategic importance for the development of rule of law in BiH. Budgeting System of the Judiciary in BiH: Independent budgeting procedures to assist in process of ensuring the independence of the judiciary. Banja Luka Law Faculty Computer Center: Update the equipment of the Law faculty to access the Internet in order to communicate and exchange ideas with the Federation and elsewhere. Rule of Law in BiH Administrative Procedure: Carry out an assessment of the administration, similar to the assessment of the court system assigned to the UNMIBH Judicial System Assessment Program (JSAP), in order to determine the changes necessary in the administrative procedures. Association of judges and Prosecutors of the RS: Improve the capacity of the Association of Judges and Prosecutors of the Republika Srpska to effectively carry out its program of judicial reform activities and to become the self-sustaining indigenous voice for judicial reform in the Republika Srpska. Office of the Human Rights Ombudsperson for BiH: Ensure adequate and stable funding to allow the Office of the Human Rights Ombudsperson to continue to accept new applicants, issue new publications and reprints, distribute recommendations and reports and maintain current staff levels. Human Rights Chamber for BiH: Ensure that the Chamber is able to maintain current staff levels and avoid the possibility of having to cancel sessions of the Chamber which would seriously undermine the effective functioning of the Chamber at a time when its role is particularly crucial to the peace process in BiH. Commission for Real Property Claims: Ensure the capacity of the CRPC to meet its aim of issuing 85,000 decisions in 1999 regarding property, title for both privately and socially owned property. Agents to the Human Rights Commission: Provide the Liaison Offices (Entities and the State) with basic material to carry out the essential obligations including filing before the human rights institutions. BiH State Border Service: The border service will uphold the integrity of, perform surveillance on, and exercise control over the internationally recognized border of BiH. The BiH border includes international airports, train crossings, sea borders and international ports. Support to Fundamental Policing Skills and Equipment: Train, equip and modernize 101 police stations across the country in order to provide a professional public service including security to returnees. Police Restructuring Agreement - Quick Implementation Fund: Support recruitment, selection, training, certification and retraining of existing and new police officers including minority candidates. Federation and Republika Srpska Police Academies: Upgrade, renovate and modernize police academies. Fight against Organized Crime - Local Police: Strengthen prosecution of organized crime, refugee return related violence, and corruption. Present situation - progress to date:Certain steps signal progress while others need to be underway including judicial reform, which is ready for implementation; establishment and operation of human rights institutions; ongoing assistance of the IPTF; and a plan for the State Border Service.
|
|||
|