HUMAN RIGHTS INSTITUTIONS
- Human Rights Institutions: At the end of November, the Human Rights Chamber had registered 1,329 cases, issued final and binding decisions with respect to 42 cases and granted orders for provisional measures in 64 cases, following 13 public hearings. The Commission on Real Property Claims for Displaced Persons and Refugees had received claims concerning 148,167 properties, and had made decisions with respect to 25,421 properties. At the end of December, the Office of the Ombudsperson had registered 2,742 cases, issued final reports with respect to 293, transferred 110 cases to the Human Rights Chamber and issued 13 ex-officio "Special Reports."
- Implementation: Some progress on implementation of Annex 6 Institutions was observed in December. Official notification of compliance with Chamber decisions in death penalty cases in the Federation was given, for example, with sentences changed to 40 years imprisonment, and one decision involving a property right was implemented. The OHR expressed its approval and hoped that this pattern will continue with the many remaining cases, including JNA apartment cases and other outstanding property cases in both Entities. The Office of the Ombudsperson has reported that the RS has now complied in large part with outstanding reports issued by the Ombudsperson directed to the RS, largely through the reinstatement of occupancy right holders.
- Human Rights Commission Liaison Offices: Two new Liaison Offices for the Human Rights Commission were created in December 1998. On 10 December, the Federation established the 'Office for Co-operation With and Representation Before the Human Rights Commission.' On 25 December, the Republika Srpska established the 'Office of the Legal Representative of Republika Srpska'. Both offices represent the interests of their respective government before the Human Rights Chamber and the Office of the Ombudsperson. In the past, the lack of such offices has led to inconsistent appearances before the Ombudsperson. The creation of these offices is a positive step in increasing compliance with the decisions of the Human Rights Commission.
- Human Rights Chamber: The Human Rights Chamber met for its 31st session from 14 to 19 December. During its session, the Chamber held public hearings in the case of Zahirovic v. BiH and the Federation of BiH and of D.M. v. Federation of BiH. In the Zahirovic case, the applicant, who is of Bosniak origin, had been employed for about 30 years by the Livno Bus Company, at the time a socially owned company. In July 1993, the applicant and 51 other workers of Bosniak descent were placed on a "waiting list," and their wages were replaced by a "compensation" of 80 DEM per month, which they received until 1 June 1997. In July 1997, they found out that they were no longer on the "waiting list;" no reasons were given for their allegedly effective dismissal. The applicant and his colleagues brought proceedings before the First Instance Court of Livno. To date, no hearing has been held. The applicant essentially alleges violations of his rights to a fair hearing and to respect for his private and family life, as guaranteed by Articles 6 and 8 of the European Convention on Human Rights (ECHR).
- In the D.M. case, the applicant is the owner of a house in Kablici and is of Bosniak origin. In 1993, her house was allegedly illegally occupied and shortly thereafter she went abroad. In October 1997, she initiated proceedings against the current occupant before the Municipal Court in Livno, seeking to regain possession of her house. There have been no developments in these proceedings to date. The Chamber has been provided with a list of 56 similar sets of proceedings pending before the courts of Canton 10 and relating to repossession of claims. This list allegedly shows a pattern of discrimination against persons of Bosniak origin in that their claims are not being considered. The applicant alleges violations of her rights to a fair trial, to respect for her private and family life and to property, as guaranteed by Articles 6 and 8 of the ECHR and Article 1 of Protocol No. to the ECHR. A representative of the Federation Ombudsperson participated in the hearing as amicus curiae. [Chamber decisions and reports are available from the Secretariat or on the Internet at http://www.gwdg.de/~ujvr/hrch.htm].
MADRID PEACE IMPLEMENTATION COUNCIL
- The members of the Peace Implementation Council (PIC) met in Madrid on 15-16 December 1998 for their annual meeting to review progress in implementing the Peace Agreement in BiH. The following summarises key priorities for the International Community and local parties within the field of Human Rights and the Rule of Law for 1999 as outlined in the Madrid Declaration and Annex (PIC documents available at www.ohr.int/pic.htm). (For further details, see Human Rights Priorities for 1999, available at www.ohr.int/hr-report/sr9901.htm)
- Judicial Reform: A top priority for 1999 will be to build the rule of law in BiH, through a comprehensive judicial reform strategic plan including, inter alia: adoption of legislation to achieve an independent and impartial judiciary; the adoption of judicial and prosecutorial code of ethics and establishment of a disciplinary and dismissal system; strengthening the role of Entity-level prosecutors and their de-politicisation; training initiatives for legal professionals and support for establishment of judicial training centres; strengthening local law centres; strengthening the BiH Constitutional Court; and developing and strengthening enforcement mechanisms for legal rulings.
- Human Rights Institutions: The PIC called for immediate and full implementation of all decisions issued by the Human Rights Chamber and the Commission for Real Property Claims, as well as compliance with the reports of the Ombudsperson and Federation Ombudsmen, and the application of the standards set forth in the European Convention by an independent judiciary; durable appointment and full participation of State and Entity agents to the Human Rights Commission, including the immediate appointment of a RS agent; assumption by the authorities of their financial responsibilities to these institutions; establishment of the office of the RS Ombudsperson, in accordance with the recommendations of the Venice Commission, without further delay.
- Property Legislation: The PIC expects both Entities to undertake regular reviews of their legal and administrative regimes concerning property to facilitate the implementation of Annex 7. The PIC called on the High Representative to monitor closely the implementation of the property laws in both Entities, and to ensure that donors are informed of progress to assist them in making funding decisions.
- Education: The PIC called for, inter alia: full co-operation of the Education Ministers of both Entities with the agreement on the removal of offensive materials from textbooks; a commitment by the Entity authorities to the development of curricula in both Entities which meet international standards and contribute to tolerance and stability.
- Discrimination: Addressing discrimination in all its forms, including promoting gender equality, must be an integral component of all reform efforts and legislative change. The PIC called for a systematic review of current and proposed labour legislation to incorporate non-discrimination principles, and measures to prevent and eliminate discrimination in the field of employment; encouragement and support for political participation and representation of women at all levels of government, in parliament and in the judicial system.
- Civil Society: The PIC supported the development and implementation of a sound legal framework for civil society organisations, including the adoption of a draft Law on Associations and Foundations. The Council further supported the development of the capacity of local human rights NGOs to ensure sustainability of human rights activities now undertaken by international organisations and the effective operation of local human rights NGOs, unimpeded by threats or intimidation by authorities.
- War Crimes and Co-operation with ICTY: The PIC called upon all concerned states to cooperate fully with the ICTY and condemned those governments that had failed to execute arrest warrants issued by the ICTY and individuals aiding and abetting indictees.
- Police Reform: Following from the Framework Agreement on Police Restructuring, Reform and Democratisation in the RS signed between the RS and UNMiBH on 9 December 1998, the PIC called for increased efforts to build professional and multi-ethnic police forces in BiH in 1999 by, inter alia, the implementation of the Framework Agreement so that a transparent, professionally staffed and structured civilian police force, accountable to the public it serves, is established; the recruitment and deployment of minority police be made a priority; the establishment of a fully-functioning police academy in the FBiH by 31 March 1999; UNIPTF to make robust use of powers to decertify police who violate the Peace Agreement; the improvement of pay standards for law enforcement officials; the end of parallel budgets in some Cantonal police forces; and establishment of the BiH Border Service.
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