The Mandate of the OHR
Article II of Annex 10 of the Dayton Peace Agreement directs the High Representative to:
- Monitor the implementation of the peace settlement;
- Maintain close contact with the parties to the Agreement, to promote their full compliance with all civilian aspects of the Agreement;
- Co-ordinate the activities of the civilian organisations and agencies in Bosnia and Herzegovina to ensure the efficient implementation of the civilian aspects of the peace settlement. The High Representative shall respect their autonomy within their spheres of operation while as necessary giving general guidance to them about the impact of their activities on the implementation of the peace settlement;
- Facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation;
- Participate in meetings of donor organisations;
- Report periodically on progress to the United Nations, European Union, United States, Russian Federation and other interested governments, parties and organisations;
- Provide guidance to the United Nations International Police Task Force (IPTF).
The OHR has grown from a small organisation, comprising just the High Representative and some 60 staff, into a much larger body. At the time of writing (May 2000), the OHR employed 670 staff and had 19 offices throughout Bosnia and Herzegovina as well as a representation office in Brussels.
The OHR's involvement in Bosnia and Herzegovina's political life has also expanded over time. At the beginning of the peace process, the High Representative chaired a number of joint bodies that brought together representatives of the war time parties and took care of the initial requirements of the peace process. The State and Entity Institutions envisaged in the Constitution were set up after the first post-Dayton elections in September 1996, but it took a long time before they started meeting regularly. Now, one of the OHR's key tasks is to ensure that the institutions function effectively and in a responsible manner.
In the economic field, the High Representative initially co-ordinated the internationally funded repair and reconstruction of Bosnia and Herzegovina's infrastructure, including its roads, bridges, airports, telephone networks and utilities. The reconstruction phase is now largely complete; the emphasis now is on revitalising the economy through reform. Ever since its establishment, the OHR has also become more and more involved in many other issues, such as the return of refugees and displaced persons, human rights issues or judicial reform, which make up the framework of a functioning administration and society.
Among the most important milestones in the peace implementation process was the PIC Conference in Bonn in December 1997. Elaborating on Annex 10 of the Dayton Peace Agreement, the PIC requested the High Representative to remove from office public officials who violate legal commitments and the Dayton Peace Agreement, and to impose laws as he sees fit if Bosnia and Herzegovina's legislative bodies fail to do so.
The governing principle of the OHR's engagement in Bosnia and Herzegovina today is the concept of ownership. This concept calls on the officials and citizens of Bosnia and Herzegovina to take ownership of the peace process and the problems that their country faces, and not to rely on the International Community to the degree that they have so far, both in terms of financial assistance as well as of political interventions.
The OHR is now focusing its efforts on three priority areas - the effective functioning of the institutions of a modern state, in particular Bosnia and Herzegovina's State (or "Common") Institutions, economic reform, and refugee return. Other important issues are judicial and legal reform as well as the establishment of the Rule of Law; the protection of human rights; a reform of the education system; media reform, in particular the establishment of independent public service broadcasting; and Bosnia and Herzegovina's integration into Europe.
OHR Offices and Departments
The OHR's headquarters are in Sarajevo. The High Representative, his Principal and Senior Deputies and their cabinets are all based here. In addition, the Sarajevo Office accommodates the Chief of Staff, the Political, Economic and Legal Departments, the Anti-Fraud Unit, the Return and Reconstruction Task Force (RRTF), Human Rights and Rule of Law, Media Development, the Military Cell, the Press Office, Personnel, Administration and Finance, and the Special Envoys Co-ordinator.
The OHR has three reginal offices - in Banja Luka, Mostar and Brcko, eight
field offices and Special Envoy offices in seven municipalities. A representation office in Brussels liaises with international organisations outside Bosnia and Herzegovina.
The Political Department
The Political department co-ordinates OHR policies across Bosnia and Herzegovina, monitors the political situation and pushes for the implementation of a wide range of International Community objectives. Its agenda focuses on good governance, the efficient functioning of State, Entity and municipal institutions, the implementation of election results, and Bosnia and Herzegovina's integration into Europe. The Department also gives its input on other issues, such as economic reform, return issues or judicial reform. In addition, the Political Department prepares PIC conferences and sets the agenda for Steering Board meetings.
The Reconstruction and Return Task Force
The OHR-led Reconstruction and Return Task Force (RRTF) is an inter-agency body that was established in 1997 in order to tackle return and reconstruction issues in an integrated manner. It brings together refugee return and human rights experts, donors, and IPTF and SFOR whose role is to help provide security for returnees. The RRTF is responsible for facilitating the return of refugees and displaced people to their homes of origin. It monitors and promotes the implementation of property and housing legislation, under which all refugees and displaced persons are entitled to repossess their pre-war homes. The RRTF also co-ordinates the reconstruction of housing, supports spontaneous returns, and presses for regional return movements through mechanisms such as the Stability Pact for South Eastern Europe.
The RRTF comprises the OHR, UNHCR, the European Commission, the European Commission Humanitarian Office (ECHO), the governments of Germany, the United States and the Netherlands, the World Bank, the United Nations Mission to Bosnia and Herzegovina (UNMIBH) and its International Police Task Force (IPTF), OSCE, the United Nations Development Program (UNDP), the International Management Group (IMG), the International Organisation for Migration (IOM), the Commission for Real Property Claims of Displaced Persons and Refugees (CRPC) and SFOR.
The RRTF network covers all of BiH on all levels, from the municipal to the national. In 2000, the OHR part of the RRTF network alone comprises 27 international and some 50 local staff, distributed across the OHR offices. The Special Envoys also support the work of the RRTF.
The Economics Department
The focus of the OHR's work in the economic sphere has shifted from co-ordinating the reconstruction of the infrastructure, to revitalising the economy through reform. It is imperative that Bosnia and Herzegovina make the transition to a free market economy, attract investment and become economically self-sustaining.
In pursuit of the creation of a business-friendly environment, the Economics Department is pushing for a transparent and sensible privatisation process, the establishment of a sound banking system and an efficient tax structure, as well as for modern social policies and labour laws. The Department is working on strengthening Bosnia and Herzegovina's single economic space through the harmonisation of norms, standards and regulations and a cohesive competition policy. Another important issue is the promotion of a country-wide uniform approach to public utilities and the infrastructure. The Department is also supporting the establishment of the appropriate legal framework in the economic field.
Economic reform is to a large extent an inter-agency effort. The Economics Department chairs the Economic Task Force, which was called for by the London PIC Conference in December 1996 to guide and co-ordinate economic policies in Bosnia and Herzegovina. Members include the World Bank, the European Commission, the International Monetary Fund (IMF), the US Agency for International Development (USAID), IMG, the European Bank for Reconstruction and Development (EBRD) and the Customs and Fiscal Assistance Office (CAFAO).
The OHR Economic Department issues a monthly newsletter that can be found on the OHR web site at http://www.ohr.int/newsletter.htm.
Anti-Fraud Unit
At the PIC Conference in Bonn in December 1997, the PIC called on the OHR to design a strategy to combat corruption, fraud and diversion of public funds. There was growing concern about the level of corruption in Bosnia and Herzegovina. As a result, the Anti Fraud Unit (AFU) was established.
The AFU assists local authorities in identifying and prosecuting illegal activities, following court cases through all phases of the judicial process, and strives for the resolution of systemic problems through reforms of the legal and judicial systems. Its current priorities are the drafting and passage of anti-corruption legislation in accordance with international standards, increased transparency in government procedures, and a far-reaching public awareness campaign.
The AFU has drafted a comprehensive Anti-Corruption Strategy for Bosnia and Herzegovina, which was approved by the Steering Board in March 1999 and is being implemented by the AFU and a dozen international organisations forming the Anti-Corruption and Transparency Group (ACT Group).
The ACT Group is chaired by the Principal Deputy High Representative and includes representatives from IMF, the World Bank, the European Commission, CAFAO, EBRD, USAID, IMG, the Council of Europe, OSCE, the UN Judicial System Assessment Program (UN JSAP), IPTF, SFOR and the US Anti-Corruption Team (FACT).
The Legal Department
The primary role of the Legal Department is to provide legal advice to the High Representative and review and revise existing legislation in Bosnia and Herzegovina. It provides answers to legal questions raised in the course of implementing the Dayton Peace Agreement, and analyses draft legislation to ensure that it is consistent with Bosnia and Herzegovina's constitutional framework and modern European standards and practice. Due to the increasingly important role of constitutional and legal arguments in the political and economic life of Bosnia and Herzegovina, the Department also takes an active role in developing new solutions. To this effect, it works closely with domestic institutions at all levels of government, and initiates and oversees drafting processes. The Department comprises a Public Law Division and a Criminal & Civil Law Division.
The Human Rights and Rule of Law Department
The Human Rights and Rule of Law Department covers the following issues: Rule of Law and judicial reform; the drafting and implementation of the property and housing legislation; education reform; trial monitoring; the work of the International Criminal Tribunal for the Former Yugoslavia (ICTY); humanitarian exhumations and identification of mortal remains; domestic human rights institution building; NGO and civic society development; social and economic policies, including employment discrimination; and gender equality.
In this field, too, international organisations have set up an inter-agency body to strengthen the human rights effort in Bosnia and Herzegovina. The Human Rights Co-ordination Centre (HRCC) is made up of representatives from the OHR, OSCE and the Office of the UN High Commissioner for Human Rights (UNHCHR), but also receives extensive information from UNMIBH and UNHCR. The HRCC publishes a detailed quarterly human rights report, which is available on the OHR web site in both English and Bosnian at http://www.ohr.int/hr.htm. The HRCC also produces regular updates on the progress Bosnia and Herzegovina is making in meeting the accession requirements of the Council of Europe.
The Military Cell
The main tasks of the Military Cell are to provide the High Representative with independent military advice, and to co-ordinate the International Community's approach to Bosnia and Herzegovina's defence and security system. This requires regular liaison with NATO Headquarters, SFOR, OSCE, UNMBIH, Bosnia and Herzegovina's military authorities and, as required, military Steering Board representatives in and outside the country.
The Military Cell encourages the work of, and provides material support to the Standing Committee for Military Matters (SCMM), the State-level body charged with co-ordinating the activities of the Entity Armed Forces. It promotes confidence-building measures between the Armed Forces, monitors the force and troop reduction process, which is led by SFOR, and addresses future security questions. Additional activities are the co-chairmanship of the Board of Donors for De-mining and the development of Bosnia and Herzegovina's civil aviation administration.
Media Development
The Media Development team is focusing its activities on the establishment of independent media and public service broadcasting, and the creation of a legal and regulatory framework that will protect journalists and promote freedom of speech, the right to information, and journalistic and editorial standards in accordance with best international practice. The team chairs regular round table meetings with the embassies of the main donor nations in order to co-ordinate international funding for media projects in Bosnia and Herzegovina.
The Department of Administration and Finance
The Department of Administration and Finance provides the necessary
support infrastructure for the activities of the OHR in Bosnia and
Herzegovina and Brussels and ensures that the OHR conforms with management
and financial policies and procedures approved by the PIC Steering Board and
promulgated by the High Representative. The key functions of the Department
are: management of the OHR budget, OHR expenditures and funding
contributions processed through the OHR; analysis and review of OHR projects
and programmes; management of internal and external OHR audits; accounting
functions; administrative management including: information technology and
communications, procurement and contracting, control of OHR's fixed assets,
transportation and travel, mail registry and distribution, and general
services.)
The Press Office
The OHR Press Office presents OHR policies through press conferences, press releases, articles and interviews and responds to inquiries from the local and international press, with the goal of generating public understanding and support for the objectives of the peace process. It also publishes essential texts relating to the peace process, maintains the OHR web site at http:/www.ohr.int and runs public information campaigns to inform the citizens of Bosnia and Herzegovina of their rights and duties, and to promote reconciliation, tolerance, good governance and a civic society. It is headquartered in Sarajevo and has branches in Banja Luka, Mostar and Brcko.
The Peace Implementation Council and its Steering Board
Following the successful negotiation of the Dayton Peace Agreement, a Peace Implementation Conference was held in London on December 8-9, 1995, to mobilise international support for the Agreement. The meeting resulted in the establishment of the Peace Implementation Council (PIC).
The PIC comprises 55 governments and agencies, who support the peace process in many different ways - by assisting it financially, by providing troops for SFOR, or by running operations specific to Bosnia and Herzegovina. There is also a fluctuating number of observers.
Since the London Conference, the PIC has come together at the ministerial
level another five times to review progress and define the goals of peace
implementation for the coming period: in June 1996 in Florence; in December
1996 for a second time in London; in December 1997 in Bonn; in December 1998
in Madrid; and in May 2000 in Brussels.
PIC Members and Participants: Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, China (resigned in May 2000), Croatia, Czech Republic, Denmark, Egypt, Federal Republic of Yugoslavia, Finland, Former Yugoslav Republic of Macedonia, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Jordan, Luxembourg, Malaysia, Morocco, Netherlands, Norway, Oman, Pakistan, Poland, Portugal, Romania, Russian Federation, Saudi Arabia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and United States of America; the High Representative, Brcko Arbitration Panel (dissolved in 1999 after the Final Award was issued), Council of Europe, European Bank for Reconstruction and Development (EBRD), European Commission, International Committee of the Red Cross (ICRC), International Criminal Tribunal for the former Yugoslavia (ICTY), International Monetary Fund (IMF), North Atlantic Treaty Organisation (NATO), Organisation for Security and Co-operation in Europe (OSCE), United Nations (UN), UN High Commissioner for Human Rights (UNHCHR), UN High Commissioner for Refugees (UNHCR), UN Transitional Administration of Eastern Slavonia (UNTAES) (disbanded in January 1998) and World Bank.
PIC Observers to date: Australia, Central Bank of Bosnia and Herzegovina, European Investment Bank (EIB), Estonia, Holy See, Human Rights Ombudsperson in Bosnia and Herzegovina, Iceland, International Federation of Red Cross and Red Crescent Societies (IFRC), International Mediator for Bosnia and Herzegovina, International Organisation for Migration (IOM), Latvia, Lithuania, New Zealand, Principality of Liechtenstein, South Africa and the Special Co-ordinator of the Stability Pact for South Eastern Europe.
The London Peace Implementation Conference also established the Steering Board
of the PIC to work under the chairmanship of the High Representative as the
executive arm of the PIC. The Steering Board members are Canada, France,
Germany, Italy, Japan, Russia, United Kingdom, United States, the Presidency
of the European Union, the European Commission, and the Organisation of
Islamic Countries (OIC), which is represented by Turkey.
The Steering Board provides the High Representative with political guidance. In Sarajevo, the High Representative chairs weekly meetings of the Ambassadors to BiH of the Steering Board countries. In addition, the Steering Board meets at the level of political directors every four to eight weeks and at the level of Foreign Ministers once year.
Status, Staff and Funding of the OHR
Under Annex 10, the OHR has the same status like a diplomatic mission to Bosnia and Herzegovina. It is made up of diplomats seconded by the governments of the PIC countries, international experts hired directly, and local staff from Bosnia and Herzegovina, and, to a lesser extent, from the Republic of Croatia and the Federal Republic of Yugoslavia. At the time of writing, the OHR employed 220 internationals (140 secondees, 74 contractors and six interns) and 450 local staff.
The OHR is funded by the PIC. Its budget for 2000 is 28 million Euros. Contributions to the OHR budget break down as follows: EU 53 %, USA 22%, Japan 10%, Russia 4%, Canada 3.03 %, OIC 2.5%, others: 5.47%.
|
