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"Sarajevo Return" Conference
"Sarajevo Declaration"
Sarajevo, 3 February 1998
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- At the invitation and under the chairmanship of the High
Representative, Ambassador Carlos Westendorp, the United States
Presidential Envoy Ambassador Robert Gelbard, and European Commission
External Relations Principal Adviser Mr. Herman de Lange, members of
the Presidency of Bosnia and Herzegovina and other senior government
officials, members of the Peace Implementation Council Steering Board,
diplomatic and consular representative offices in Sarajevo, the Special
Envoy of the United Nations High Commissioner for Refugees, other
representatives of the Reconstruction and Return Task Force and other
key international and local organisations and institutions, met in
Sarajevo on 3 February 1998.
GENERAL PRINCIPLES
The participants agreed that the following general principles must
underpin Sarajevo's status both as the capital of the Federation and of
Bosnia and Herzegovina, and as a model of co-existence and tolerance for
the rest of the country:
- Sarajevo must be a truly multiethnic canton, open in itself and to
the outside, as envisaged in the Annex 7 of the General Framework
Agreement on Peace, and subsequent communiques.
- Sarajevo will guarantee equal treatment for all groups in every
aspect of civic and economic life. There must be full freedom of
movement of persons, goods and services within and between the
Federation and the Republika Srpska. The protection of the human rights
of every individual in Sarajevo must be guaranteed, and the provisions
of the Sarajevo Protocol fully implemented in accordance with the
guidelines developed in co-operation with the Office of the High
Representative.
- Sarajevo should lead the country by example by taking the concrete
steps set forth in this Declaration to enable the return of at least
20,000 minority pre-war residents in 1998, as proof of its determination
to act as a model for reconciliation, multiethnicity, freedom of
movement and the unconditional right to return throughout Bosnia and
Herzegovina.
- Just as displaced persons and refugees from Sarajevo must be able to
return, so people who have taken refuge in Sarajevo must be able to
return to their homes. The international community will redouble its
efforts to promote return to all other parts of Bosnia and Herzegovina -
including Banja Luka, Mostar, Central Bosnia and eastern Republika
Srpska - and to neighboring countries. Economic assistance will be
linked throughout the region to progress in the return of pre-war
inhabitants to their homes of origin.
- The international community will lend its full support to the people
of Sarajevo in their efforts to promote returns and achieve a truly
multiethnic society. The international community will condition
continuation of assistance for Sarajevo on fulfillment of the benchmarks
set out in this Declaration and on adequate progress toward meeting the
1998 goal of at least 20,000 minority returns.
The following concrete steps were agreed:
LEGISLATIVE ISSUES
- Housing and property legislation in the Federation continues to
block returns, including returns to Sarajevo. Despite the November 1997
commitment of the Federation Forum to adopt laws in accordance with
Annex 7, none of the three laws have been adopted in accordance with the
High Representative's proposals. Most significantly, the Law on the
Cessation of the Application of the Law on Abandoned Apartments has not
been considered by the government or submitted to Parliament.
- This is unacceptable. International assistance programmes will be
directly affected if the following steps are not taken:
- The Law on the Cessation of the Application of the Law on Temporary
Abandoned Real Property Owned by Citizens must be finally adopted by 17
February 1998; and must include provisions for an oversight mechanism
and compliance with the European Convention on Human Rights in cases
where claims to reoccupy property are not fulfilled within 90 days.
- The Law on Taking Over the Law on Housing Relations must be finally
adopted no later than 17 February 1998; and
- The Law on the Cessation of the Application of the Law on Abandoned
Apartments must be presented to Parliament no later than 17 February
1998, and must be adopted by 1 March 1998, in a form acceptable to the
High Representative.
If the Federation should fail to meet these deadlines, non-compliance
measures will be imposed.
- Federation authorities reiterated their undertaking not to apply the
Law on the Sale of Apartments with the Occupancy Right until the
Federation's property and housing laws are brought into compliance with
Annex 7 of the Peace Agreement.
- Recognising the significance of amnesty for the return process,
participants called on relevant authorities to take immediate steps
through mass media and other channels to ensure that returnees, and all
citizens, are made aware of the existence of the Federation Law on
Amnesty and that this Law is fully implemented and applied without
discrimination. Participants also noted that military conscription
holds important implications for the peaceful, phased, and orderly
return of individuals to their pre-war homes, and called upon the
competent authorities to ensure that returnees shall be exempted from
military service for a minimum period of 5 years. In addition, both
Entities should adopt legislation on alternative service which is
consistent with international standards and, until such legislation is
implemented, should respond favourably to requests for exemption from
military service for persons who are in the minority where they live and
for conscientious objectors.
- The Sarajevo authorities will ensure free and fair access for all
residents to official public records, such as birth and death
certificates, citizenship, matriculation, employment, pension, and
housing records. All returnees shall be provided with necessary
documentation for their full re-integration into civil society and the
labour market within one week of registration. Returnees who do not
receive their documents within this time frame should notify UNHCR and
UNHCR will take appropriate measures, including requesting intervention
by the Sarajevo Return Commission. All municipalities in Sarajevo
Canton will adopt standardised and simplified registration procedures
for returnees by 1 March 1998.
HOUSING ISSUES
- The Conference welcomed the establishment of the Sarajevo Housing
Committee (SHC). Participants pledged their full support for its efforts
to bring housing allocation decisions for all socially-owned apartments
in Sarajevo into compliance with Chapter 1 of Annex 7 of the Peace
Agreement.
- The Conference welcomed initial efforts by the Sarajevo authorities
to catalogue and verify cases of multiple occupancy, through regular
public appeals and examination of existing official records, as well as
their pledge to intensify these efforts. The Cantonal Ministry for
Spatial Planning will provide the Sarajevo Housing Committee with the
addresses and names of pre-war residents of 2,000 such illegally
occupied dwellings by 30 June 1998, with the first 500 of these by 1
April 1998.
- All socially-owned apartments which are undergoing or planned for
reconstruction, vacant or illegally occupied must be allocated
henceforth through the SHC mechanism.
- The international community will intensify its efforts to raise
funds for reconstruction of vacant apartments in Sarajevo Canton,
parallel with and tied to progress in the implementation of the SHC
mechanism.
- The Sarajevo authorities will take appropriate further measures to
facilitate the return of pre-war owners and lawful possessors of
privately owned housing in Sarajevo. To this end, the Sarajevo
authorities will strengthen their support to the implementation of
binding decisions of the Commission for Real Property Claims of
Displaced Person and Refugees.
- The Reconstruction and Return Task Force will work with the
competent authorities to identify alternatives for those people
potentially displaced as a result of returns, as recommended by the
November 1997 Federation Forum.
EDUCATION ISSUES
- Education is one of the basic elements in support of the
sustainable return of refugees and displaced persons to Sarajevo, the
Federation and the state of Bosnia and Herzegovina. The education
system in Bosnia and Herzegovina, the Federation, and in Sarajevo
specifically, must ensure that all children are educated in a manner
that promotes tolerance and stability between people of different ethnic
groups and fosters understanding and reconciliation. It should be in
accordance with the European Convention on Human Rights and other
international and European standards. Education in Sarajevo will serve
as a model for education throughout Bosnia and Herzegovina. The
Sarajevo cantonal and city educational authorities will work with the
Federation Ministry of Education and with relevant international
organisations to develop the principles of an education programme that
addresses the needs of children of different ethnic and religious groups
in a non-discriminatory manner. These basic principles should be
agreed upon by 30 June 1998 and the development of a programme
incorporating these principles should be initiated during the 1998/1999
school year.
- Sarajevo educational authorities will nominate for consideration
appropriate officials to participate in working groups at the Federation
level which will deal with the issues of curricular content (proposed
UNESCO study) and text book evaluation (proposed CIVITAS study), and
will continue to cooperate with the Council of Europe initiative to
introduce democracy and human rights teaching in schools. By 1 March
1998, Sarajevo educational authorities will also establish a
multi-ethnic Education Working Group (to include representatives of the
Sarajevo educational authorities, university professors, members of the
Sarajevo pedagogical academy and teachers faculty, the teacher training
institute, selected school directors, teachers, representatives of
relevant local and international organisations, and parents) to develop
projects which foster democracy and ethnic tolerance among children.
- Sarajevo educational authorities, under the supervision of the
Education Working Group, shall list and review all textbooks currently
in use or anticipated for introduction for review by 30 June 1998. The
Sarajevo educational authorities will ensure that those texts judged to
contribute to ethnic hatred and intolerance are withdrawn from all
schools as soon as possible, and in any event no later than 1 September
1998.
- Sarajevo educational authorities, under the supervision of the
Education Working Group, shall review charges of discrimination against
or harassment of children in the school system. Any measures taken in
the field of education that have resulted in discrimination against
children should be reversed and remedied. The right of parents to
choose the nature of the education their children receive must be
respected, and compelling children to attend particular classes or
schools in contravention of that right shall not be allowed. Sarajevo
educational authorities undertake to make all necessary legislative
changes and devote all necessary administrative and technical resources
to achieving these goals in advance of the new school year 1998/99.
This will include provisions to ensure non-discrimination in the
recruitment and training of teachers, and to promote the hiring of
minority teachers in at least equal proportion to the number of minority
students.
- Sarajevo educational authorities shall use their best efforts to
provide basic furniture, equipment and educational materials for all
students and to ensure that all schools have sufficient trained and
qualified teachers. This process should be completed by the beginning
of the 1998/99 school year. The international community will do its
utmost to support the authorities in this endeavor. The development of
youth and cultural centres should be also encouraged, resources
permitting. The Sarajevo educational authorities will provide a
transparent budget to the Education Working Group and work with it to
ensure that educational resources are distributed equitably throughout
the canton and city, regardless of the predominant ethnicity of
municipalities and school populations.
- Information for returnees about educational opportunities and
reintegration assistance shall be provided by the Sarajevo educational
authorities in cooperation with competent local and international
non-governmental organisations. Remedial assistance for returnee
children and validation of foreign and other educational qualifications
will also be addressed by these authorities.
- Sarajevo Canton education authorities should co-operate with entity
authorities in the sphere of higher education, particularly encouraging
enrollment of students from throughout Bosnia and Herzegovina and
cooperating with the entity authorities on the issue of financing and
other issues. In this field, they should ensure academic freedom and
self-government of institutions, promote the adequate graduation of
trained professionals, and encourage the role of universities as a locus
of peaceful inter-group dialogue.
EMPLOYMENT ISSUES
- A critical aspect of facilitating returns to Sarajevo is expanding
employment opportunities. Municipal, Cantonal and Federation officials
must work together to accelerate economic reform and to create an
attractive climate for foreign and domestic investment to allow for the
creation of jobs. To this end, the competent authorities will develop a
comprehensive initiative by March 1 to remove barriers to trade and
investment in the Sarajevo area and also;
- work to liberalise the business legal environment and reform the
business and employment tax structure to facilitate the development of a
market-based economy;
- work with donor agencies that offer programmes for business
development and retraining and employment services to promote employment
creation for all the residents of the Canton;
- work to facilitate the development of affirmative action programmes
which promote the concept of an open community, facilitate the return of
minorities, and the integration of the community;
- initiate small public infrastructure projects, such as beautification
of parks, refurbishment of neighborhoods and derelict sites, and general
municipal maintenance programmes to provide temporary employment for
Canton residents.
Bosnian leaders also commit to move quickly to meet the remaining
requirements of an IMF agreement so Bosnia and Herzegovina can continue
to access and, if possible, expand investment by the international
financial community.
- Recognising the importance of fair labour standards, the Federation
Ministry of Social Affairs, Displaced Persons and Refugees will work
with other relevant authorities and the International Community to
expeditiously put in place anti-discrimination laws and employment
regulations, along with the institutional capacity to enforce them.
These will include a legal-administrative infrastructure to deal with
employment related rights, such as discrimination on any basis
(including national or ethnic origin, religion, age, gender, political
opinion, disability) and unfair termination.
- In addition, a Cantonal Employment and Return Commission will be
established by March 1, 1998, chaired by the Cantonal Minister of
Labour, Social Policy and Refugees, with suitable international
representatives as well as from the Federation Ombudsmens' Office and
the Sarajevo City Government, to accelerate progress towards integrating
returnees into the Sarajevo workforce and economy. The Commission will
work in close cooperation with relevant Federation authorities, with the
objective of serving as a model for a Federation-wide Commission.
- The Commission will:
- set up rules, policies and procedures to address discrimination in the
workplace and disseminate this information widely to the public;
- develop an anti-discrimination code of employment practice and promote
its adoption by local public and private enterprises;
- review the status of employment cases resulting from the 1996 transfer
of authority in the Sarajevo suburbs;
- monitor progress in meeting the employment goals set out in the
Sarajevo Protocol and other Federation agreements on minority employment
with equal opportunity for all nationalities in cantonal and city
governments, as well as in the cantonal police;
- work with relevant international organisations to enhance job
creation, promote business development, provide retraining and
employment services programmes in pursuit of sustainable reform.
PUBLIC ORDER AND SECURITY ISSUES
- Local police must guarantee the security of all citizens and give
special attention to returnees. They must work immediately to
incorporate more ethnic minorities into the police force and appoint
officers responsible for maintaining contact with the returnee
population. Sarajevo police are responsible for responding to threats
to public order, ensuring the safety of returnees, and enforcing duly
authorised housing-related orders.
- The Sarajevo cantonal police, with advice from the IPTF, will
develop a detailed strategy by 1 March 1998, setting out how they will
meet these responsibilities and prepare cantonal police forces for
enhanced return-related security roles. The police will initiate public
relations and information campaigns to keep the public informed.
- The IPTF will monitor the implementation of the strategy and seek
donor support for the cantonal police with training and equipment,
specifically for dealing with return-related public disorder. IPTF will
maintain close and constant contact with the cantonal police and be
informed of all problems and proposed actions to solve housing and
return-related issues.
- The Federation Mine Action Centre, with UN support, will develop by
15 March 1998, a detailed plan for accelerated de-mining in Sarajevo
Canton, in support of returns and in consultation with the Sarajevo
Housing Committee. The UN and the Sarajevo authorities will vigorously
seek funds to implement this plan.
- Free and responsible media is essential in the creation of the
necessary conditions for returns. The Federation, cantonal, city and
municipal authorities will accelerate their efforts to implement the
confidence-building spelled out in Annex 7 of the Peace Agreement, and
inform the Office of the High Representative of their plans to develop
an appropriate media plan to this effect.
RETURN IN SPECIFIC CASES
- Sarajevo Canton will resolve by 1 April 1998, outstanding return
requests which have been presented to the UNHCR, cantonal and municipal
authorities. Specifically, the remaining 4 cases of identified pre-war
tenants prevented from return to their UNHCR-reconstructed apartments,
and the 96 pending return requests lodged with the cantonal authorities
since the summer of 1997, shall be resolved by the Cantonal Ministry for
Spatial Planning in co-operation with the Cantonal Ministry for Labour,
Social Policy, and Refugees by 1 April 1998. Any expenses associated
with the resolution of these cases will be borne by the Canton, unless
otherwise established by court proceeding.
- The Republika Srpska authorities will ensure full freedom of choice
and movement for displaced persons who wish to return from Brcko to
Sarajevo and vice versa, and publicise this commitment widely in the
media. The Federation authorities will give particular attention to the
speedy reinstatement into pre-war homes of returnees from the Brcko
area.
- Responsible authorities will accelerate the process of returning to
their homes Jewish families whose cases are the subject of the November
1992 agreement between the Jewish community and Sarajevo authorities.
The Cantonal Ministry of Spatial Planning and the Cantonal Ministry for
Labour, Social Policy and Refugees, working with their city and
municipal counterparts, shall ensure that the 29 priority cases in which
members of the Jewish community are already waiting to reoccupy their
pre-war homes are resolved by 1 April 1998. The remaining 147 cases
already agreed between the Jewish Community and the Sarajevo authorities
must be given urgent consideration; they should all be resolved within
90 days of the date upon which the pre-war occupant/owner gives notice
to the Sarajevo Housing Committee of an intent to return.
IMPLEMENTATION
- The High Representative will establish, by 17 February 1998, a
Sarajevo Return Commission (SRC), responsible for implementing the
provisions of this Declaration. The SRC shall include relevant
officials responsible for displaced persons and refugees, housing,
education, employment, and public security as well as representatives of
displaced Bosnian Serbs, Bosnian Croats, and Bosniacs, Sarajevo civic
leaders and key members of the international community, including the
UNHCR . The High Representative will designate the Commission chair.
The SRC shall supervise the work of the Employment and Return Committee,
the Education Working Group, and the Sarajevo Housing Committee.
- The co-chairs of the Sarajevo Return Conference will periodically
review progress in achieving the specific benchmarks set out in this
Declaration as well as progress toward the goal of at least 20,000
minority returns in 1998.
- The Reconstruction and Return Task Force will assume responsibility
for supporting the Sarajevo Return Commission, for resource allocation
guidance in support of return and for co-ordinating implementation of
the principle of conditionality.
- International agencies involved in the implementation of this
Declaration are invited as well to refer documented cases of abuse and
obstruction of Annex 7 implementation by specific local officials to the
SRC. The Commission will, collectively or drawing upon the resources
and competencies of individual members, take appropriate corrective
action.
ANNEX 1
The Sarajevo Conference was attended, among others, by the Co-Chairmen
of the Presidency of Bosnia and Herzegovina, Presidents Alija
Izetbegovic and Kresimir Zubak, Bosnia and Herzegovina Minister for
Civil Affairs and Communications, Spasoje Albijanic, Bosnia and
Herzegovina Deputy Minister for Civil Affairs and Communications Nudzeim
Recica,. Bosnia and Herzegovina Deputy Minister for Civil Affairs and
Communications Milan Krizanovic, Federation President Ejup Ganic,
Federation Vice-President Vladimir Soljic, Republika Srpska Prime
Minister Milorad Dodik, Federation Prime Minister Edhem Bicakcic,
Republika Srpska Minister of Refugees Miladin Dragicevic, Federation
Minister of Social Affairs, Refugees, and Displaced Persons Rasim Kadic,
Federation Deputy Minister of Social Affairs, Refugees, and Displaced
Persons, Damir Ljubic, Sarajevo Canton Governor Midhat Haracic, Sarajevo
Canton Deputy Governor Mladen Bevanda, Sarajevo Canton Assembly
President Mirsad Kebo, Sarajevo City Mayor Gacanovic, Principal Deputy
High Representative Ambassador Jacques Paul Klein, Deputy High
Representative Ambassador Andy Bearpark, United States Ambassador to
Bosnia and Herzegovina Richard Kauzlarich, United States Deputy
Assistant Secretary of State for Population, Refugees and Migration
Marguerite Rivera-Houze, USAID Director Bryan Atwood, European
Commission Representative to Bosnia and Herzegovina Ambassador Donato
Chiarini, United Kingdom Secretary of State for International
Development Claire Short, Special Representative of the United Nations
Secretary General Elizabeth Rehn, United Nations High Commissioner for
Refugees Special Envoy Carrol Faubert, COMSFOR General Erik Shinseki,
and Ambassador Robert Barry of the Organisation for Security and
Co-Operation in Europe
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