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OHR and Human Rights
Effective implementation of the human rights aspects of the General Framework Agreement on Peace depends on the active participation of a broad range of organisations, some of which work exclusively in the human rights field and others which have roles that directly involve human rights issues. For many of the important aspects of the agreement, such as return of refugees and holding of elections, establishment of effective mechanisms to monitor human rights and redress human rights violations is essential. Long term protection and promotion of human rights depends on the establishment of functioning domestic institutions that uphold the rule of law, as well as the development of non-governmental organizations and civic groups in Bosnia and Herzegovina.
The Human Rights/Rule of Law Department of the Office of the High Representative
In order to achieve the implementation of the GFAP and the establishment of a lasting and just peace in Bosnia and Herzegovina, the OHR Human Rights/Rule of Law Department is active on a wide range of Human Rights Issues. These include:
- Human Rights Coordination Center (HRCC): The HRCC acts as a clearinghouse for human rights information and a focal point for inquiries and action on human rights issues. The Center ensures consistent human rights reporting among major agencies active in BiH, ensures a link between the Human Rights Steering Board and field staff of member organizations, through regional Human Rights Working Groups. The Center is staffed with three human rights officers: representatives from OSCE, and the Office of the High Commissioner for Human Rights, as well as a representative of the OHR. The Centre also relies upon close links with UNMIBH and UNHCR.
- Judicial Reform/Rule of Law: Judicial and legal reform in BiH is a crucial element of the peace implementation process. Without an independent and professional judiciary BiH will be unable to safeguard the human rights of its citizens, nor will it be able to attract investors to build a sustainable economy. A comprehensive strategy on judicial reform was completed in July 1999 and is continually being reviewed and updated as reforms are achieved. The primary reforms in this area are related to the establishment of an independent and professional judiciary. This also includes reform of the police, the prosecution function and the correction systems.
- Support for Human Rights Institutions: This team provides support and coordination with the human rights institutions at the BiH level, which include the Human Rights Ombudsperson, the Human Rights Chamber and the Commission for Real Property Claims. The team also works with the entity Ombudsman offices, which currently includes working towards the establishment of the RS Ombudsman office.
- Civil Society and NGOs: This functional area seeks to develop and support civil society in BiH, first by establishing a legislative framework conducive to NGO activity, and secondly by coordinating the efforts of the international community to avoid duplication, and ensure mutual strategizing.
- Education: A system of education which respects the rights of all children and promotes tolerance and reconciliation is an essential component of a stable multi-ethnic BiH, as well as being vital to supporting return of the displaced. Schools, teachers, curricula and textbooks must foster the return of minority families and provide an educational system free from bias, coercion and discrimination. This team is responsible for coordinating the efforts of the international community in removing objectionable material from textbooks and helping to design a curricula which meets European standards.
- Economic and Social Rights: Ensuring equal access to employment, pensions, utilities, ID cards and health care to all is essential to sustainable minority and majority return and general stability in multi-ethnic Bosnia and Herzegovina. Working groups have been established to identify priorities and coordinate the efforts of the international community.
- Gender Equality: The general process of transition as well as the recent war have had a particularly negative effect on women in Bosnia and Herzegovina. Through its policy development and legislative review, this team works to reduce disparities between men and women. Many of the laws in the former Yugoslavia were not gender sensitive, so the team has focussed on ensuring appropriate changes to key pieces of legislation, and ensuring that laws which would protect the rights of women are prioritized. Attention has also been devoted to the addressing trafficking of women, as this is a serious issue throughout the region.
- Property Rights/ Right to Return: Securing existing property rights for individuals, particularly refugees and displaced persons, is essential to facilitate return and to ensure a multi-ethnic society. The complexities of property rights under the existing system have been exacerbated by the war. Thousands of families left their homes, which, if not destroyed, were occupied by refugees or displaced persons from other areas of the country. Work on this topic includes the development and implementation of legislation to protect existing rights and encourage return. The team consists of two international attorneys and a local assistant.
- Domestic War Crimes and Exhumations: This team is responsible for the monitoring of domestic war crimes trials to ensure that local authorities comply with the provisions of the Rome Agreement (Rules of the Road) in the arrest and trials of alleged war criminals, and for supervision of the Inter-Entity Exhumations process.
Staffing of the Human Rights/ Rule of Law Department
In order to work effectively on each of the issues outlined above, the Human Rights/Rule of Law Department includes four human rights teams based in the regional offices: Tuzla, Mostar, Banja Luka, and Brcko. These teams ensure that the priorities of the department are implemented in the field, and lead strategy development and coordination efforts amongst international agencies.
In Sarajevo, the Human Rights/ Rule of Law department is staffed by approximately 10 national and 10 international staff.
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