Right to Return/Freedom of Movement
[This section focuses on return-related information which is significant from a human rights perspective]
General Overview:
-
Minority
returns continued in October, although in many areas, tensions were
on the rise. Funding gaps continue to hamper many of the
reconstruction driven return initiatives. Lack of property law
implementation continues to be the main obstacle for return of
pre-war residents to their apartments in all parts of Bosnia and
Herzegovina.
Visits/Returns/Incidents: Republika Srpska:
- On
October 7, a Bosniak deputy municipal secretary in Srebrenica
(Eastern RS) was injured by unknown masked men in a lavatory in the
Srebrenica municipal building. Immediately following this event,
eight other councillors left Srebrenica. It is feared that this
incident may adversely impact return to the municipality, as well as
the functioning of the municipal assembly.
- Assessment
visits to Eastern RS continued in October. The assessment visits to
the municipalities of Foca and Visegrad, including to
the centre of these towns, continued and will be increased to two
per week. A total of six families out of 28 (whose houses are being
reconstructed) have now returned to the village of Bogovici in
Pale municipality and the first return of a Bosniak to the
centre of Pale took place.
-
A
tense situation has developed in Kopaci/Srpsko Gorazde after
displaced persons were denied implementation by local authorities of
decisions on repossession of their property (or the implementation
of the CRPC decisions on their property). Some 50 displaced persons
have been camping with tractors on the Inter Entity-Boundary Line
between Gorazde and Srpsko Gorazde.
- On
30 October, an explosion took place when a grenade was thrown at an
SFOR foot patrol walking down a busy street in Zvornik. This was
followed by another serious security incident on 31 October, when an
explosion damaged five IPTF vehicles parked in front of the IPTF
office in Zvornik. The motive for and identity of perpetrators of
these explosions are presently unknown.
- Some
tension possibly affecting the Zvornik return areas was caused in
late October when the SNS President of the Executive Board made a
number of inflammatory statements against Bosniak return on local
TV. As a precaution the international community recommended
temporarily slowing the return process. Large numbers of displaced
persons have been in a process of returning to Zvornik municipality,
to outlying villages throughout the summer. Despite some tension, no
serious incidents have taken place in the return areas.
- The
return process to Modrica, to the village of Tarevci,
where serious security incidents took place in June 1999, has
continued through October. Some 20-25 Bosniaks have continued to
reconstruct their houses and have established a permanent presence
there. Tensions have been on the rise in Modrica due to the
unannounced deliveries of building supplies as well as visits (also
unannounced) by high level Federation officials. In Doboj,
housecleaning has continued, including in the strategic Svetlica
hill overlooking Doboj town.
- In
the Western part of the RS, the number of returnees continued to
rise in Prijedor, despite the deteriorating weather
conditions. As the returnees have been more vocal with regard to the
enforcement of their rights, the situation has been quite tense. In
Banja Luka area the number of minority returns continues to
be low due to the lack of progress in the property law
implementation. In Gradiska, where some 900 Bosniaks have
returned since 1996, the repossession of housing is a serious
problem. The returnees have become de facto "floaters"
upon return, and are living temporarily with friends and relatives
while waiting for their property.
Visits/Returns/Incidents: Federation:
- The
investigation into the incident that took place in Ilici
village, south west of Mostar, in 28 September, has not yet brought
results. One SFOR soldier and a local policeman were injured in an
explosion which occurred during an assessment visit of 50 Bosniak
returnees. The visit had originally been planned as an organized
return movement, but due to written protests from some community
leaders warning of "massive" returns, the returnees
decided only to visit.
- In
Sarajevo Canton, two assessment visits of Bosnian Serbs to Ilijas
municipality, to a village currently occupied by displaced persons
from Srebrenica, took place without incident. These visits were
significant considering the tense atmosphere among Srebrenica DPs,
many now living in Ilijas, following the assault against the Bosniak
councillor in Srebrenica [see paragraph 2, above].
- In
the Croat controlled areas of the Federation, in particular in
Mostar, returns were stalled partly as a reaction to the SFOR
operation against illegal/criminal activities in West Mostar on 14
October. In early October, returns of Serbs to Mostar Old Town
and Capljina took place; some 30 Serbs (12 stayed over night)
returned/visited settlements in the municipality of Mostar Old Town
and a group of 80 Serbs (30 stayed overnight) returned to villages
Klepci and Prebilovci in Capljina. Also, returns and visits of Serbs
to Ravno Municipality continued.
- Returns
of Croats from the Dalmatian coast and Livno and Tomislavgrad continued to Bugojno (Bosniak administered) municipality.
In Canton 6 (middle Bosnia), some returns of Bosniaks from
Zenica to Busovaca and Vitez (Bosnian Croat) were
taking place as well as returns of Croats from Kiseljak to Fojnica
(Bosniak administered). Harassment of Croat returnees led
reportedly to increased patrols by SFOR in Gornji Vakuf.
Small numbers of Serbs returned to Travnik and Jajce.
Right to Return/Right to Property
Legislative Developments:
- On
October 27, the High Representative imposed amendments to
property laws in both Entities, as well as instructions on their
application. These Decisions harmonize the RS legislation with the
Federation legislation, provide the authorities in both Entities
with detailed instructions on the application of the property and
housing legislation, removing ambiguities in the laws and making
them workable in practice. In Republika Srpska, the amendments to
the Law on the Cessation of the Application of the Law on the Use
of Abandoned Property correct the inconsistencies that existed
between RS and Federation legislation, and create legislative
equality between the two Entities. In addition, most articles of the
1993 Law on Amendments to the Law on Housing Relations have
been repealed. Both in the Federation and the RS, the amendments to
the property laws also include a few new provisions, of which the
most important include:
- The
deadline until which the claimant of a socially-owned apartment must
reoccupy this apartment (unless good cause, which is redefined,
prevents him/her from doing so) is changed from one year to 90 days.
The 90-day deadline for repossession starts counting from the day
the claimant is notified in writing that his/her apartment is
vacant.
- The
amendments define "multiple occupants" and oblige the
authorities to take immediate action to evict them. Multiple
occupants who fail to comply with an eviction order shall be fined
between 50 and 500 KM.
- The
period of time during which multiple occupants as well as illegal
users must vacate claimed apartments and property is now a maximum
of 15 days.
- The
90-day deadline for vacating apartments and property applicable to
all other current users can be extended in cases of documented
absence of alternative accommodation for up to one year only with
the agreement of the OHR.
- An
appeal against a decision of a first-instance body does not suspend
the enforcement of this first-instance body's decision.
- The
Federation Ministry of Defence is entitled to continue to administer
the apartments at its disposal, i.e., those apartments that are
unclaimed, in accordance with the law, and issue contracts on the
use of these apartments to temporary users, using the same
humanitarian criteria as the municipal authorities, who are required
to vacate the apartment they currently use.
- An
administrative body that acts against the law shall be fined between
1000 and 5000 KM, and an official in the body, who does not define
refugees and displaced persons as set out in the law, shall be fined
between 200 and 1000 KM.
- On
October 27, the High Representative also issued Decisions imposing
the Law on the Implementation of the Decisions of the Commission
for Real Property Claims of Displaced Persons and Refugees
(CRPC) both in the Federation and Republika Srpska. These laws
regulate the administrative and court procedures for the recognition
and implementation of CRPC decisions. CRPC was created under Annex 7
of the Dayton Peace Agreement to determine occupancy rights and
ownership, in cases in which the claimants do not enjoy possession
of that property. Although CRPC decisions have always been final and
binding, administrative officials in both Entities have failed to
implement the upwards of 55,000 decisions issued to date.
(Copies of the Decisions of the High Representative are available on the OHR web site: http://www.ohr.int)
Policing/Right to Security and Liberty of the Person
- Canton
7 Audit: Following upon previously reported reviews of
police administrations in Canton 6 and 7 [see HRCC Semi-Annual
Report, paras 48 - 58], the UNMIBH Human Rights Office has continued
to carry out operations to assess the compliance of law enforcement
officials with democratic policing principles, internationally
accepted human rights standards, and in particular the right to
return. In October, the six police administrations in the City of
Mostar were targeted and the preliminary observations of the audit
show that there are shortcomings in the chain of command and in
levels of unification in all six police administrations. The level
of unification, however, appears to be better in the
Bosniak-dominated administrations than in those dominated by Bosnian
Croats. There are no joint criminal investigations in Mostar and a
general lack of co-operation between the different ethnic groups
prevails. In addition, a number of non-authorised personnel are
serving as police officers and different salary structures exist for
Bosniaks and Croats.
- Minority
Police Recruitment: Recruitment of minorities continued for
both the Federation Academy in Sarajevo and the RS Academy in Banja
Luka. Minority police recruitment is essential in order to promote
equality within the police force, and is also essential in order to
meet the “Bonn-Petersburg” ratio, which mandates police
recruitment based on ethnic representation in the 1991 census. The
final round of testing for the Federation Academy was conducted at
the end of October and 189 applicants passed the test. The
background checks for the cadets have yet to be completed by the
IPTF. On October 26, the second intake began in the RS at the Banja
Luka Academy. Sixty-five cadets enrolled, 51 of whom were non-Serb.
- Project
against Violence against Women: A pilot project to develop
mechanisms to prevent, minimise and punish violence against women
commenced in Zenica in Canton 4 in October. Training sessions were
organised for the local police on violence against women and will be
followed by training of legal professionals and social workers. The
training initiative, which is implemented jointly by international
organisations and a local NGO Medica Zenica, is significant, as it
brings together local police, representatives of various sectors
dealing with violence against women and a local non-governmental
organisation. In addition, a method by which the local police can
identify and follow up reported cases of violence against women
including domestic violence cases has been established, and will be
monitored by IPTF.
- Trafficking
and Deportation: On October 29th,
the High Representative issued a Decision on Trafficking and
Deportation, effectively extending the August 30 Interim Directive
issued by the IPTF Commissioner on the same subject. The Decision,
which requires that any decisions regarding deportation of
foreigners be taken in consultation with the IPTF, is intended to
ensure appropriate treatment of persons who are threatened with
deportation, particularly those who are victims of trafficking. This
Decision is in response to the failure of BiH House of
Representatives to adopt a draft Law on Immigration and Asylum,
which would enable BiH to address the issue of deportation in a
manner consistent with international law.
International War Crimes Tribunal
- Arrest
of Damir Dosen: Damir Dosen, allegedly a shift
commander in the Prijedor Keraterm camp, was indicted by the ICTY on
21 July 1995 and arrested by SFOR on October 25. More than 3000
Muslims and Bosnian Croats from Prijedor municipality were confined
the at the Keraterm camp, and many were killed, sexually assaulted,
tortured, beaten, or otherwise subjected to cruel and inhuman
treatment. Dosen is indicted for crimes against humanity, violations
of the laws or customs of war and grave breaches of the Geneva
Conventions of 1949, but not for genocide. On
8 November, Dosen pleaded not guilty to all charges. The next
hearing is scheduled for 20 January 2000. Damir Dosen's case will be
joined with that of Dragan Kolundzija, another Keraterm shift
commander detained by SFOR on 7 July 1999.
- Mass
Graves in Zvornik: ICTY has confirmed that there are four
mass graves containing the bodies of approximately 320 Srebrenica
victims, in the newest return location of Sultanovici/Liplije
(Zvornik Municipality). Part of the grave-sites have been
used by the Zvornik authorities as a municipal rubbish dump, despite
repeated complaints by returnees about the use of this land for this
purpose.
Right to a Fair Trial
Domestic War Crimes Trial:
- On
October 25, the re-trial of Goran Vasic resumed. On April
13, 1999, Vasic was convicted of war crimes against the civilian
population and war crimes against prisoners of war and sentenced to
ten years of imprisonment. However, Vasic was acquitted, due to lack
of evidence, of the killing of the then Deputy RBiH Prime Minister
Hakija Turajlic on January 8,1993. The case was adjourned until late
December in order to clarify whether French UNPROFOR soldiers
witnessing the murder will and can testify before the Cantonal Court
in the retrial.
- The
hearings in the Djedovic case continue. Currently the
Sarajevo Cantonal Court is considering a request to hear witnesses
in Croatia before a Croatian court. This would help resolve this
case which has been pending for some time due to the reluctance of
the witnesses to testify in Sarajevo for fear of being indicted for
war crimes.
- The
Zvornik 7 retrial was postponed again until November 15 for a
2-day hearing, after the RS Supreme Court issued its decision on the
appeals of the three Bosniaks convicted at first instance of the
murder of 4 Serb wood cutters on 26 April 1995. The retrial will
address substantial irregularities in the investigation and appeal
process which called into question the fairness of the trial.
Other Trials with Human Rights Dimensions:
- Golubovic:
The first trial before the newly established 5 member joint
Herzegovina-Neretva Cantonal Court is a long pending murder case in
which three Bosniaks are charged with the July 1992 murder of a Serb
family of four (husband and wife and their two children) in Konjic.
The trial is taking place before a judicial panel which includes a
Bosniak presiding judge, a Bosnian Croat colleague, and 3 lay
judges. This is a long awaited and much anticipated development. The
commencement of hearings in this case on October 28th is
a significant first step towards the functioning of the Cantonal
High Court.
Freedom of Expression
- Assassination
Attempt on Editor-in-Chief of Nezavisne Novine: Zeljko
Kopanja, Editor-in-Chief of Nezavisne Novine (Banja Luka),
sustained serious injuries resulting in the amputation of both legs,
in an explosion which occurred in a Banja Luka parking lot on 22
October. Kopanja had been the subject of threats since August of
this year, when Nezavisne Novine became the first newspaper in the
RS to publish accounts of war-time atrocities committed by Serb
forces, specifically in the Teslic area and on Mount Vlasic.
- Attack
on Journalist in Doboj: On Wednesday November 3, journalist
Mirko Srdic, correspondent for TV BiH and the BETA news agency, was
physically assaulted and threatened with his life. The assailant
was allegedly the present mayor of Doboj, Mayor Mirko Stojcinovic.
The assault followed two stories which were recently aired by TV
BiH, both of which cast the political party, SDS Doboj, and SDS
member Mayor Stojcinovic in an unfavourable light. Mr. Srdic’s
name has also been linked to the production of a video documentary,
which has recently been in circulation, on corruption in Doboj.
- The
assassination attempt against Zeljko Kopanja
and the assault against Mr. Srdic represent the continuation
of a trend of violence and threats aimed at undermining the
development of a free and independent media in Republika Srpska.
However, this problem is not restricted to the RS, but occurs
throughout BiH.
- Creation
of a Legislative Advisory Group on Defamation and Freedom of
Information Legislation. A Legislative Advisory Group,
comprised of government representatives, national and international
experts, and representatives of international organizations has been
established to develop Defamation and Freedom of Information
legislation for BiH. These laws will aim to protect the right of
citizens and journalists to access information without the threat of
undue interference. The creation of the Advisory Group was announced
on November 8th, and its work will commence in
mid-December.
Social and Economic Rights
- Intensification
of workers’ movements: On 25 October, demonstrations
called by the Confederation of Independent Trade Unions took
place in Sarajevo. According to the press, approximately 30,000
people participated, calling for the government to address demands
including: adoption of a social care programme; signature of a
collective agreement with the union within 15 days; reduction of
taxes immediately; payment of unpaid salaries as well as social and
health care contributions immediately; and reversal of all illegal
privatisation. Since then, other groups throughout the Federation,
such as textile workers, have also been organising strikes. These
events have given rise to discussions in the press about labour
issues as well as to a wave of criticism regarding the role of the
BiH Confederation of Independent Trade Unions.
- Federation
Labour Law adopted: On 5 October 1999, a new Federation
Labour Law was adopted despite warnings by members of the
international community, namely IMF, the World Bank and OHR
regarding its dramatic economic implications. The article which
raises particular concern (Article 143) is the provision concerning
compensation for those remaining on waiting lists. Debates over
this important item have been the major cause for the delay in the
adoption of the law. The article presents the advantage of
dissolving the waiting list system but provides for cash
compensation for workers who cannot be reinstated -- a majority of
the concerned population. However few companies will be in a
position to meet such a financial burden and the Federation is
unable to take over such a responsibility. Shortly after the
adoption of the text, the Federation Ministry of Social Affairs
established a commission in order to develop a viable solution
within a reasonable period of time. The Commission, which includes
OHR and World Bank representatives first met on 4 November, the day
the labour law entered into force.
- The
Federation Labour Law also introduces a non-discrimination
provision (Article 5), which states: “A person seeking
employment, as well as a person who becomes employed shall not be
discriminated against based on race, colour, sex, language,
religion, political or other opinion, national or social origin,
financial situation, birth or any other circumstances, membership or
non-membership in a political party, membership or non-membership in
a union, and bodily or mental problems.” However, the text
preserves the very strict deadlines (two weeks from being aware of a
violation) imposed to file claims before administrative and legal
bodies in the case of alleged violations, leaving little margin of
action to employees to react.
- Discrimination
against Women in Employment: In September, the
International Human Rights Law Group (IHRLG) released a study
entitled “Non-Payment of Maternity Leave Allowance:
Violation of Human Rights and Discrimination,” which
documents discrimination against women in the work-place manifested
through the non-payment of maternity leave benefits throughout most
of the Federation in both private and public enterprises, and the
non-payment of the same by private enterprises in Republika Srpska.
In the Federation, women are entitled to one year maternity leave,
to be paid by the Cantons, but the required Cantonal legislation is
not in place, except in Sarajevo Canton (where women are generally
paid for 6 of the12 months leave to which they are entitled). In the
RS, where women are also entitled to 12 months maternity leave,
there is evidence that women who become pregnant and new mothers are
frequently dismissed from their employment. The IHRLG notes that
practice with respect to maternity leave payment in BiH violates
international human rights standards, including Article 10 of the
International Covenant of Economic, Social and Cultural Rights,
which provides that paid leave or leave with adequate social
benefits should be provided to new mothers; as well as the UN
Convention on the Elimination of all forms of Discrimination
Against Women. Current practice also violates the BiH
Constitution, as well as the Entity level Constitutions. For further
information or a copy of the report, please contact the IHRLG at:
tel: 387-71-207-328 or e-mail at dianalg@bih.net.bai.
Right to Education
- Spot
Checks Commence: In an effort to identify areas where
textbooks with offensive material may still be in use, the
international community has commenced with “spot checks,”
which will be undertaken in most municipalities. In October, a spot
check of the Catholic School Centre in Sarajevo revealed that
offensive text slated for deletion or blacking out, had been
highlighted with a yellow marker instead. A spot check in Brcko
revealed that a very small percentage of books had been expurgated.
Spot checks will continue through December, 1999.
- Discrimination
against school-children in Gradiska: In Gradiska, knowledge
of Cyrillic, and preference for children of war veterans appear to
be factors in admission to secondary course. A Bosniak student
applying for a veterinary course reported that in addition to a test
in the Serbian language, preference in selection is for children of
war veterans. The student was apparently denied admission to the
first set of places due to poor grades on the Serbian language test
(despite good grades in other subjects). He was then disqualified
from a second group of places as his parents are not war
veterans/invalids/killed soldiers.
- On-going
Discrimination in Stolac: There continues to be no progress
towards integration of school children in Stolac, where municipal
authorities continue to refuse to implement OHR’s Instruction
on provision of education facilities for Bosniak children. Only one
third of the capacity of the school (reconstructed with
international funds) is presently in use, while Bosnian Croat
children use the school, 53 Bosniak returnee children attend school
in a private house.
- On-going
Discrimination in Prozor-Rama: Efforts have been underway to
combine a Bosniak “home school’ in Prozor-Rama with the
main Prozor town elementary school (Bosnian Croat children), but
local authorities are obstructing resolution of the situation.
Bosnian Croat representatives indicate that they do not see any
possibility for such integration unless instructed by the Cantonal
authorities. Both sides have also rejected any common activities
between the children from both schools, although the door has been
left open to a possible meeting of teachers. This is the fourth
school in Prozor-Rama using a Bosniak Curriculum, and the second
situated in a private house.
- Educational
Facility caught in Political Dispute: The Mostar
“Gimnazija,” which was a grammar school serving children
from all ethnic groups before the war, and which OHR indicated in
July should once again serve children of all ethnicities, has become
the focus of a political dispute between authorities in East and
West Mostar. The school, situated on the “Boulevard,” is
of strategic importance to Bosnian Croats as well as Bosniaks as it,
along with several other buildings, forms a de facto “wall”
which structurally divides the city into two parts. On November 9,
a reconstructed portion of the building, without a legal decision of
the City Council as to the future use of the building, and in
contravention of a request by the OHR to postpone any movement into
the building until all relevant authorities discuss the issue. Most
of the 280 students are Bosnian Croats.
- Religious
Education in Tuzla: The Ministry of Education in Canton 4
has issued a unilateral decision, bypassing the consideration of the
Cantonal Assembly, to impose mandatory religious instruction in the
Canton 4 schools. There have been complaints by parents that
children who choose not to attend these classes are suffering
harassment and intimidation at school.
Domestic Human Rights Protection
Progress in the work of the Institutions
| Cases Registered | Human Rights Chamber | Ombudsperson | CRPC |
|---|
| Cases Registered | 2967(+172) | 3581(+127) | 227,000(+approx 2,000) |
| Cases Completed | 433(+130) | 1398(+63) | 66,000(+approx. 7,000) |
- In
nineteen cases against the FBiH (Buntic and others) and in
nine cases against the RS (I.M. and others), the Ombudsperson
referred the reports to the respondent parties and forwarded the
same to the High Representative for further action, after the time
limits for compliance with her recommendations given to the
Governments had expired. In all cases the applicants left their
homes during the war for war-related reasons. As a consequence of
application of the Law on Abandoned Apartments in the FBiH,
the Law on Use of Abandoned Property and the Law on
Housing Relations in the RS, the applicants’ apartments and
houses (in the RS) were allocated for use to third persons. All
applicants submitted their repossession claims to the competent
authorities pursuant to the new entity laws but none of them has
received the final decision upon their requests nor repossessed
their property within the time limits set out in the new laws.
Human Rights Chamber
- In
October, the Human Rights Chamber held a session and
delivered decisions on the merits in six cases. In Lacevic
v. FBiH, the Chamber found that the Federation had violated
the rights of an applicant who had exchanged a house in Montenegro
with a purchase contract holder of a JNA apartment in Sarajevo
because the contract could not be recognized and because he was
threatened with eviction. The Chamber ordered the Federation to
allow the applicant to validly register his apartment in accordance
with the property laws of July 1999.
- In
Pletelic v. RS, the applicant was unable to regain
possession of his house in Gradiska, which was found to be a
violation of the ECHR because of a failure of the authorities to
process his claim for reinstatement. The Chamber ordered the RS to
permit the applicant to regain possession of the apartment and
ordered the RS to pay compensation.
- In
Gligic v. RS, a case concerning a rental agreement
over a house in Banja Luka, the Chamber ordered the RS to allow the
applicant to occupy his house in accordance with the contract. In
F.G. v. RS, the Chamber found no violation of the right
to a home and possessions, because the local authorities had
reinstated the applicant while the case was pending before the
Chamber.
- In Cuturic
v. RS, the Chamber found that in a court case concerning
employment, the right to a fair trial in a reasonable time (it took
four years) had been violated, and ordered that the proceedings be
decided upon in a reasonable time. In Mahmutovic v. RS,
the Chamber found that the order by municipal officials in Prnjavor
to exhume the applicant’s wife’s remains constituted
discrimination and violated, inter alia, the freedom of
religion. The Chamber ordered that the municipality not interfere
with the burials of the Prnjavor Muslim community and ordered the RS
to pay compensation to the applicant. (Chamber
decisions and reports are available from the Secretariat or on the
Internet at http://www.gwdg.de/~ujvr/hrch/hrch.htm.)
Implementation of Decisions
- No
progress was reported in October with implementations of the
decisions of the Human Rights Chamber. The Ombudsperson,
however, reported the following: Three cases against the FBiH (J.B.,
S.Z. and B.K.) concerned the failure of the competent housing
authorities to enforce decisions issued in the applicants’
favour and to restore their possession over the apartments. The
Ombudsperson found violations of human rights guaranteed by the
European Convention on Human Rights and recommended that the
FBiH Government ensure that the applicants be reinstated into the
apartments. The Government fully complied with Ombudsperson’s
recommendations. In addition, the Ombudsperson reported that
amicable resolutions were achieved in two cases: (D.B. and F.D.).
In those cases, binding administrative decisions on the applicants’
reinstatements had not been enforced. Within the time-limits given
by the Ombudsperson to the FBiH Government in regard to possible
amicable solutions, the applicants were reinstated into their
apartments. In another case, R.J. v. RS, concerning
the length of the civil proceedings before the competent court,
within the time-limit given by the Ombudsperson to the RS
Government, the president of the competent court replied confirming
that the case had been decided. (More
information about the work of the Ombudsperson is available at
http://www.ohro.ba/index.htm.)
Future of the Institutions – Legislative Progress:
- The
Prime Minister of Republika Srpska has indicated that he supports
the draft Law on the Ombudsman of the Republika Srpska
prepared by the Venice Commission and other organisations, which,
importantly, includes the establishment of the Ombudsmen as a
multi-ethnic institution. A draft law was sent to the National
Assembly in October. The finally agreed upon version should be on
the agenda of the next RS National Assembly session.
- The
Federation legislature is debating a similar draft law on the
Federation Ombudsman. The draft law has passed the first
reading (of two) in the House of Representatives, with only minor
changes. This law will clarify and expand the present
provisions in the Federation Constitution, providing a legislative
basis for the institution.
New Reports
- European
Stability Initiative. Reshaping International Priorities in Bosnia
and Herzegovina, Part One: Bosnian Power Structures. 14 October
1999.
- Helsinki
Committee. Report on the Activities on Implementation of the
Project “Protection, Promotion and Monitoring of Human Rights in
Republic of Srpska,” Bijeljina, October 1999.
- International
Crisis Group. Is Dayton Failing? Bosnia Four Years After the Peace
Agreement. ICG Balkans report No. 80, Sarajevo, 18 October 1999.
HRCC Member Ogranizations
OHR:
Under the Annex 10 of Dayton Agreement, the Office of the High
Representative is tasked with co-ordination of civilian aspects of
peace implementation in Bosnia. OHR maintains a regional human rights
presence, and works closely with other agencies who monitor the human
rights situation, to develop strategies and co-ordinate
interventions. For more information about the OHR generally or about
human rights specifically, please contact:
Office of the High Representative
Emerika Bluma 1
Sarajevo, Bosnia
fax: 387-71-447-420
tel: 387-71-447-275
web: www.ohr.int
OSCE:
The OSCE mandate derives form Article 10 of Annex 6 of the
Dayton Agreement. The Human Rights Department advances civil,
political, social and economic rights including property, return,
education, employment, and others. The Human Rights Department
interprets its mandate to include inter alia: monitoring on
and investigating allegations of human rights abuses and training of
national NGOs. Its 28 Field Offices and 4 Regional Centers allow the
OSCE to ensure the full coverage of the territory of BiH and makes
the organisation a direct actor in addressing human rights-related
issues.
OSCE
Human Rights Department
Dzenetica Cikma 2/4
Sarajevo, Bosnia
tel: 387-71-444-444
fax: 387-665-236
web: www.oscebih.org
UNHCR:
The United Nations High Commissioner for Refugees is the lead
organisation for the implementation of Annex 7 of the Dayton
Agreement, which guarantees the right of displaced persons to return
to their homes of origin. UNHCR provides international protection and
assistance to refugees and displaced persons, and other persons of
concern. For more information about UNHCR in Bosnia, please contact:
UNHCR
Unis Building Tower A
Fra Andela Zvizdovica 1
Sarajevo, Bosnia
tel: 387-71-666-160
fax: 387-71-470-171
web: www.unhcr.ch
UNMIBH/IPTF Human Rights Office:
The existence of International Police Task Force is mandated by Annex
11 of the Dayton Agreement. Under Security Resolution 1088, the
IPTF’s work includes “investigating or assisting with
investigations into human rights abuses by law enforcement
personnel.” The main objectives of the Human Rights Office are
to: investigate human rights violations by law enforcement agents;
design remedial measures to correct such violations; and to monitor
and ensure the implementation of corrective measures. To implement
these objectives, the Human Rights Office carries out investigations
into serious incidents of police misconduct and conducts
comprehensive inspections of law enforcement agencies to address
persistent endemic institutional deficiencies. The Human Rights
Office is comprised of 145 International police and 17 international
civilian staff, deployed throughout the country.
UNMIBH
Mese Selimovica 69
Sarajevo
tel: 387-71-496-265
fax: 387-71-496-539
OHCHR:
As of December 1998, the OHCHR in Bosnia and Herzegovina
is part of the Office of the Special Representative of the Secretary
General (SRSG, in charge of the UNMIBH). It focuses its activities on
human rights training and on issues of gender and discrimination,
with particular emphasis on social and economic rights. It continues
to support the mandate of the Special Rapporteur of the Commission on
Human Rights and participates in the work of the Human Rights
Co-ordination Centre (HRCC) of the OHR. The legal authority for its
presence is based on annual resolutions of the Commission on Human
Rights as well as Article XIII of Annex 6 of the Dayton Agreement.
Office of the High Commissioner for Human Rights
PTT building, Mese Selimovica 18
71000 Sarajevo, Bosnia
tel: 387 71 49 6402, 6403
fax: 387 71 49 6438
|
