Office of the High Representative Documents


Funding requirements & Follow-up
of the Declaration of the Peace Implementation Council
Madrid, 15-16 December 1998

Information Meeting

Brussels, 2 February 1999

AN UPDATE
FIFTH DONORS' PLEDGING CONFERENCE
FOR BOSNIA AND HERZEGOVINA,
Brussels, 20, 21 May 1999

Human Rights Institutions, Annex 6 & 7 10,375,696 EUR

  Office of the Human Rights Ombudsperson for B&H 1,435,074
  Human Rights Chamber for B&H 2,098,719
  Commission for Real Property Claims (CRPC) 6,778,981
  Agents to the Human Rights Commission 62,922

Office of the Human Rights Ombudsperson for B&H 1,435,074 EUR

Background

The Human Rights Ombudsperson for Bosnia and Herzegovina investigates alleged or manifest violations of human rights set out in the European Convention on Human Rights, as well as any alleged discrimination in the enjoyment of rights, set out in a number of other international instruments, committed by the Parties to Annex 6 of the GFAP or by any official of the Parties.

Madrid Commitments

"We resolve that a top priority for 1999 will be to build the rule of law in Bosnia and Herzegovina. We will work to achieve this through a thorough program of judicial reform, including: (...) rationalizing and reinforcing the institutions for human rights protection (...)"

Present situation - progress to date

While pledges have been received for 1999, of particular concern are delays in the receipt of the monies pledged. If the monies are not received in a timely manner, the Office of the Human Rights Ombudsperson may be unable to accept new applicants, to issue new publications and reprints, to distribute recommendation and reports, and may be forced to reduce staff resulting in an irrevocable loss of legal expertise and experience, and a drastic reduction in output of the institution. To early May 1999, the Office of the Human Rights Ombudsperson has registered 2920 cases, and has completed its work with respect to 739 cases.

Contacts - Leading Agencies

For OHR email addresses and other contact information, please click the Contacts heading.

Office of the Human Rights Ombudsperson for Bosnia and Herzegovina: Ambassador Gret Haller, Ombudsperson
Alfons Lentze, Personal Assistant to the Ombudsperson Biljana Kokeza - Executive Officer

OHR: Christopher Harland, Human Rights / Rule of Law Department

Funding needs

In 1998, the Ombudsperson received contributions from the US, the EC, The Netherlands, BiH, Canada, Liechtenstein, Luxembourg, Switzerland, Norway and Hungary.

Additional information, Remarks:

Detailed Breakdown of estimated costs available

Human Rights Chamber for B&H 2,098,719 EUR

Background

The Human Rights Chamber considers claims of violations of human rights as provided in the European Convention for Human Rights, and other international agreements listed in the Appendix to Annex 6 of the GFAP. The Human Rights Chamber is the highest level judicial body in Bosnia dealing primarily with human rights questions, and is composed of 8 international judges and 6 national judges.

Madrid Commitments, Objectives

PIC Madrid article 12.1 "We resolve that a top priority for 1999 will be to build the rule of law in Bosnia and Herzegovina. We will work to achieve this through a thorough program of judicial reform, including: (...) rationalizing and reinforcing the institutions for human rights protection (...)"

Present situation - progress to date

While pledges have been received for 1999, of particular concern are delays in the receipt of the monies pledged. Due to shortfalls in funding pledged for 1998, and delays in the receipt of the monies pledged, the Chamber has already reduced its expenses to a bare minimum. Should the Chamber not receive sufficient contributions in a timely manner, it will have to consider other measures such as a reduction in staff or the cancellation of sessions. These measures would seriously undermine the effective functioning of the Human Rights Chamber at a time when its role is particularly crucial to the peace process in Bosnia and Herzegovina. To early May 1999, the Human Rights Chamber has registered 2000 cases, and has decided 200 matters.

Contacts - Leading Agencies

For OHR email addresses and other contact information, please click the Contacts heading.

Human Rights Chamber for Bosnia and Herzegovina: Elisabeth Bruch - Executive Officer
Damir Slipicevic - Financial Officer

OHR: Christopher Harland, Human Rights / Rule of Law Department

Funding needs

In 1998, the Chamber received contributions from the EC, the US, the UK, Canada, BiH, The Netherlands, Italy, Austria, Ireland, Council of Europe, Switzerland, Germany, Norway, Turkey, the Czech Republic, and Hungary.

Additional information, Remarks:

Detailed Draft Budget available (3 pages)

Commission for Real Property Claims (CRPC) 6,778,981 EUR

Background

The Commission for Real Property Claims of Displaced Persons and Refugees (CRPC) has the mandate to receive and decide any claims for real property in Bosnia and Herzegovina, where the claimant was displaced during the war and is not able to return into possession of his or her property, and makes final and binding decisions confirming the pre-war rights of dispossessed people, both for private and for socially-owned property. The CRPC was established under Annex 7 of the Dayton Peace Agreement. By confirming property title, the CRPC is playing an important role in re-establishing legal and social order, economic viability, and prosperity in the long-term.

Madrid Commitments, Objectives

In 1999, CRPC will aim for an output of 85,000 decisions.

Present situation - progress to date

In 1998, the CRPC consolidated its early achievements of establishing the infrastructure, procedures, and operational rules for fulfilling its Annex 7 mandate. To May 1999, the CRPC has registered claims for approximately 177,000 properties, and has adopted decisions on approximately 36,000 properties.

Contacts - Leading Agencies

For OHR email addresses and other contact information, please click the Contacts heading.

Commission for Real Property Claims of Displaced Persons and Refugees
Madeleine Garlick - Executive Legal Officer
Mark Gruner - Financial Officer

OHR: Christopher Harland, Human Rights / Rule of Law Department

Funding needs

In 1998, the CRPC received contributions from the US, Ireland, Canada, The Netherlands, the UK, Norway, Sweden, Switzerland, Bosnia and Herzegovina, Italy, and Luxembourg, as well as contributions earmarked for 1997 but delivered in 1998 from Italy and the EC.

Additional information, Remarks:

Detailed Draft Budget available, additional comments (3 pages)

Agents to the Human Rights Commission 62,922 EUR

Background

The Agents to the Human Rights Commission are responsible for representing the interests of their respective government (Federation, RS and BiH) before the GFAP Annex 6 Human Rights Institutions (collectively known as the Human Rights Commission), and are also responsible for ensuring implementation of the decisions of these Institutions. To date, representation before the Chamber and Ombudsperson has been weak, due to limited staffing and limited material resources. The decisions of those Institutions have suffered because of a lack of information and argument supplied by the respondent parties. In addition, many of the decisions of the Chamber and some decisions of the Ombudsperson have not been implemented. There is an urgent need for training of the agents in European Convention on Human Rights case law and procedural law (to be provided by the Council of Europe in Strasbourg and BiH).

Madrid Commitments

The Madrid PIC Declaration calls for the durable appointment and full participation of State and Entity agents to the Human Rights Commission. In addition, it calls upon the State and Entities to fully implement the decisions of the Annex 6 and 7 Institutions.

Present situation - progress to date

New Offices of the Agent to the Human Rights Commission were created in late 1998. Increased cooperation and compliance have been observed since the creation of these Offices. The Offices still lack basic material support, however, and a great need for training of the Offices' staff exists.

Contacts - Leading Agencies

For OHR email addresses and other contact information, please click the Contacts heading.

CoE: Heike Alefsen, Representative of the Council of Europe Secretariat

OHR: Christopher Harland, Human Rights / Rule of Law Department

Funding needs

*5 Computers, 1 printer, 1 copier, fax, misc. office equipment.

Additional information, Remarks:

In early May, the Council of Europe provided funding for the Agents to attend a conference with all other government agents to the European Court of Human Rights.

In addition, the United Kingdom has given one fax machine to the Agent of the Federation, but no other funding for material support has yet been received for these offices.


Office of the High Representative