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- COORDINATION OF CIVILIAN IMPLEMENTATION
Overall Coordination
- My efforts to coordinate the different aspects of civilian implementation take place at two levels. One is
concerned with the planning and policy decision making process and is carried out by the Secretariat in Brussels.
The other is concerned with the immediate implementation of agreed policies, and is carried out by the
Headquarters in Sarajevo.
- A first meeting of the major implementation agencies took place at my office in Brussels on 17 January in
order to assess the plans developed by the different international agencies and organizations involved in the
implementation of the Peace Agreement. The meeting agreed that there was a need for closer coordination,
especially in the field of human rights monitoring and efforts to help economic reconstruction. I have therefore
undertaken to set up the Human Rights Coordination Centre and the Economic Task Forces in Brussels and Sarajevo.
The next meeting of the major implementation agencies is scheduled for 27 March, and a further meeting will be
held in mid-May.
- The Peace Implementation Conference in London in December 1995 agreed that there should be a Review Conference
in June 1996 to take stock of developments. This conference is scheduled for 13-14 June in Rome, and will be of
great importance in assessing the state of implementation as elections in Bosnia Herzegovina approach. I am in
contact with the Government of Italy concerning plans for the conference.
- I have consulted extensively with representatives of governments and organizations. On 18 January I met the
OSCE Chairman-in-Office in Berne. I have also reported to the Council of Ministers of the European Union. My
office in Brussels is in close touch with the North Atlantic Council.
Operational Coordination
- In Bosnia, a large part of my initial effort has been directed towards setting up the different coordination
commissions called for in the Peace Agreement. These are essential not only to coordinate different aspects of
the implementation effort, but also to bring the parties together in direct discussions about their common
problems and their joint future.
- The Joint Interim Commission (JIC) is composed of delegations led by the Prime Ministers of the Governments of
Bosnia and Herzegovina, the Federation and the Republika Srpska, and is normally chaired by me. It deals with
questions concerning the political and constitutional implementation of the Peace Agreement, and has also provided
a key channel for direct political talks on a wide range of issues. It met in Sarajevo on 24 January and Banja
Luka on 27 February. It is scheduled to meet again in Sarajevo on 16 March and at another location in the country
on 28 March.
- The Joint Civilian Commission (JCC) has met regularly in my office in Sarajevo and has addressed a wide
variety of issues. Normally chaired by my Principal Deputy, Ambassador Michael Steiner, it brings together
representatives of the Governments of Bosnia and Herzegovina, the Federation and the Republika Srpska with the
most important implementation agencies.
- I intend to set up Joint Civilian Commissions at the regional level shortly.
- The Joint Civilian Commission on Sarajevo (JCCS) which I established on 10 January as a body subordinate to
the main JCC has been especially active. It consists of two representatives of the Federation, two
representatives of the city of Sarajevo, and three representatives of the local Serb population in the areas
transferred to the Federation. It has established a number of working groups to assist in the reintegration of the
city of Sarajevo.
- In addition to the commissions called for by the Peace Agreement, my Headquarters in Sarajevo is also
responsible for organizing regular meetings of the Human Rights Task Force and the Economic Task Force Sarajevo.
- My Sarajevo office also conducts regular and frequent meetings with the Special Representative of the United
Nations Secretary General, the UN-IPTF Commissioner, the Head of Mission of the OSCE and the Special Envoys of the
UNHSCR and the UNHCR.
Peace Agreement Commissions
- My office has been working actively with the parties to prepare the setting up of the commissions provided for
in the Annexes to the Peace Agreement. All parties have now nominated representatives to the Human Rights Chamber
of the Human Rights Commission, the Commission for Refugees and Displaced Persons and the Commission on Public
Corporations. According to the Peace Agreement nominations were to have been made before 14 March, but the Rome Agreement brought this deadline forward to 1 March. The
Federation side is still to nominate its representatives to the Commission to Preserve National Monuments.
- A great responsibility for the starting up of these commissions rests with the international organizations
which have been asked to nominate chairmen and international members to them. The Peace Implementation Conference
may well be called upon to address the question of funding these commissions which is not provided for.
The Unification of Sarajevo
- From the beginning, my office devoted considerable effort to securing smooth transition from Republika Srpska
to Federation authority in the suburbs of Sarajevo and to create conditions in which as many of its inhabitants as
possible remained in the reunited city.
- While the Peace Agreement included detailed provisions concerning the military separation of forces and
transfer of territory, no such provisions were made concerning the transfer of civilian and police authority. This
made it necessary for the JCCS to work out transition arrangements to ensure a peaceful and orderly transition of
civil authority.
- Under the transition arrangements, during the period from D+45 to D+90, existing civil authorities in those
areas to be transferred to the Federation are allowed to function to help prepare the transfer, provided they do
not act inconsistently with the Federation Constitution. A joint statement by Commander IFOR and me on 4 February
laid down the principles for the transfer of police authority under UN-IPTF monitoring to an integrated police
force in accordance with the Federation Constitution. It has been agreed that the composition of this police force
should reflect the ethnic composition of these areas according to the 1991 census.
- Within the JCCS, and in direct contacts with the parties, a package of political and other measures has been
worked out which provides a sound basis for reintegrating Sarajevo as an open, united, democratic and multi-ethnic
city. These measures provide for security for the local Serb population, equal treatment and a full opportunity
for the Serbs to participate in the government of the City of Sarajevo. This participation takes the form of
local self rule at municipality level through the running of their own schools and social welfare and appropriate
use of the Cyrillic alphabet. The right of freedom of movement and the return of refugees and displaced persons
in a voluntary, phased and orderly fashion are also included. The work of the JCCS provided the basis for the Rome
Statement on Sarajevo on 18 February which was supported by the key political leaders of Bosnia and Herzegovina -
both the Federation and Republika Srpska - and the Federal Republic of Yugoslavia.
- It has been agreed by the members of the JCCS that it will continue to act as the advisory and coordinating
body for all matters pertaining to the implementation of the Peace Agreement in Sarajevo.
- With the gradual transfer of authority now underway, it is a cause of great concern to me that a large number
of Serbs have chosen to leave Sarajevo. The reasons for this are many. The wounds left by 42 months of bitter and
brutal war cannot be healed in two or three months. It is also my view that stronger political measures should
have been taken by the Bosnian authorities to win Serb confidence in their commitment to a multi-ethnic Sarajevo
and Bosnia, and encourage the Serbs to stay. There has also been irresponsible propaganda by key Republika Srpska
personalities advocating the ethnic division of the country. Events during the weeks preceding and at the
beginning of the transition also fuelled Serb fears and accelerated the exodus.
- My team will continue to work to create the best possible conditions for a united and multi-ethnic Sarajevo as
the capital of a reintegrated and multi-ethnic Bosnia. We are urging the Bosnian authorities to do whatever they
can to encourage those who have fled to return to Sarajevo. We are continuing discussions concerning the future
constitutional status of Sarajevo within the provisions of the Federation Constitution.
Economic Reconstruction
- The economic situation in Bosnia and Herzegovina is extremely difficult. 80 percent of the population is at
least partially dependent upon humanitarian food aid. Annual per capita income has fallen to about USD 500,
compared to about USD 1,900 in 1990. Industrial output is now about 5 percent of output in 1990 and electricity
consumption is under 10 percent of the pre-war level.
- It is self-evident that economic revival and long-term rebuilding of the economy are preconditions for
political stability and peace. Although the main responsibility for this rests with the governments of the
Federation and the Republika Srpska, the role of the international community will be crucial in getting economic
reconstruction going during 1996 and the following years.
- I attach great importance to an early and convincing start to economic rehabilitation and reconstruction.
This will be the best way of significantly reducing the dependence of the population on humanitarian aid and of
demonstrating, before the elections, that compliance and cooperation bring tangible benefits. Economic
reconstruction is also one of the most potent instruments at our disposal to influence the reintegration of the
country, of which the return of refugees and displaced persons is a central part. It thus has great political
significance and it will be important to ensure that a proportion of projects has as one of their main objectives
the economic reintegration of the two entities.
- I have made arrangements for the coordination of economic reconstruction efforts both inside Bosnia and
internationally. Meetings of the Economic Implementation Agencies - the World
Bank, the European Commission, the European
Bank for Reconstruction and Development, the International Monetary Fund
and the International Management Group - have been held in my office in Brussels on 13 February and 1 March to
discuss priorities and plans with particular emphasis on the need for an early start to reconstruction efforts.
These meetings will continue on a regular basis, with the next meeting scheduled for 26 March.
- In addition, regular weekly meetings between the same agencies are held in my office in Sarajevo to coordinate
the more operational aspects of economic reconstruction, as well as to discuss the economic policy and other
measures being jointly recommended to the Federation and the Republika Srpska authorities. The World Bank and the
European Commission have also organized sectoral task forces which meet regularly, and which should ensure
effective coordination of the efforts of the numerous bilateral donors.
- I am increasingly concerned that adequate funds will not be forthcoming to support even the modest programmes
which will allow the economy to take off. I urge all countries committed to the restoration of peace and
stability in Bosnia and Herzegovina and throughout this important region, to contribute fully to the necessary
reconstruction programmes.
- The Ministerial Donors Conference scheduled for 12-13 April in Brussels and sponsored by the European
Commission and the World Bank will be crucial to securing adequate funding. Confirmation of the pledges made at
the meeting in December as well as commitments of new money adequate to fund the planned programmes for the next
few years will be necessary.
- Our efforts to help the economies adjust from war to peace, and to start the very long task of reconstruction,
should be directed towards key infrastructure needs in the areas of power and electricity, telecommunications and
road and rail links. These efforts will then also contribute to the rebuilding of housing, which is important to
enable the large number of refugees to return. I also attach particular importance to projects that contribute to
cooperation between the Federation and the Republika Srpska. In addition, there will be a continued need for
humanitarian assistance along with the more medium-term effort to reconstruct a viable economy for the whole of
the country.
- I have made clear to the parties that they have the most important role in reestablishing the economy of their
country. It is their task to put in place a stable and sound macro-economic framework without which our efforts
are never going to succeed. There has been progress in this area, but there is still a great deal to be done.
Within the framework of the Joint Interim Commission, discussions have been initiated on joint monetary
arrangements and on common customs regulations. It is very important that free movement of goods, services,
capital and persons between the Federation and the Republika Srpska is allowed in accordance with the Peace
Agreement.
- The flow of reconstruction aid from the international community is dependent on and related to the willingness
of the parties to comply with the terms of the peace agreement. I intend to monitor compliance closely and before
the Peace Implementation Review Conference in June I will give an assessment on how the different parties are
adhering to the provisions of the Peace Agreement.
- In accordance with Security Council Resolution 1022, I have the authority to report via the Secretary General
to the Security Council if "the Federal Republic of Yugoslavia or the Bosnian Serb authorities are failing
significantly to meet their obligations under the Peace Agreement". Such a report will automatically trigger the
reimposition of suspended sanctions against the Federal Republic of Yugoslavia and the Republika Srpska unless
the Security Council decides otherwise. Although such action would have severe consequences for reuniting Bosnia
and Herzegovina I will use these powers if I judge it necessary. I note that there is no similar provision in the
event of a failure by the Federation or the Republic of Croatia to meet their obligations under the Peace
Agreement.
Demining
- This is a matter of urgent priority. There are an estimated 3 million uncleared landmines in Bosnia and
Herzegovina. Total clearance is a job that will take many years to complete. In the immediate future; the need to
get rehabilitation projects underway, and to facilitate the return of refugees and displaced persons and the
arrival of all the international personnel who will be required to operate in war affected areas, are pressing
reasons for urgent action to clear mines.
- My office in Brussels convened the first Coordination Meeting on Mine Clearance on 16 February, which was
attended by all principal interested international organizations. It was recognized that little in terms of
physical implementation would be achieved unless there was a coordinated approach and appropriate management
structures were established immediately.
- To this end a Mine Action Centre (MAC) for Bosnia to handle the operational coordination of all mine clearance
operations and projects has been established. It was agreed that this would be a United Nations lead operation. It
was further agreed that a Policy Group under the Joint Civilian Commission would be established and chaired by my
office, in order to handle the necessary interface with the entities and principal international organizations and
donors to determine project priorities. The Policy Group was established by the JCC on 28 February, at which the
entities endorsed the mandate. The first meeting of the Policy Group took place on 6 March and the MAC is
expected to be operational by the middle of March.
Elections and Liaison with OSCE
- The holding of free, fair and democratic elections is a central element of the Peace Agreement. They are
important not only in allowing the peoples of Bosnia and Herzegovina freely to choose their own leaders, but also
in paving the way for the setting up of the common institutions laid down in the Peace Agreement.
- The OSCE has been requested to adopt
and put in place an elections programme. Liaison between my office and
the OSCE has been carried out through three mechanisms. First, the Head of the OSCE Mission is a member of the
Joint Civilian Commission. Secondly, I am represented on the Provisional Election Commission (PEC). Thirdly, I
am in regular contact with the Chairman-in-Office of the OSCE.
- On 30 January, the OSCE Mission in Bosnia and Herzegovina set up the Provisional Election Commission foreseen
in the Peace Agreement. In spite of a period when Republika Srpska refused fully to take part in its work, it has
proceeded to address key election issues.
- According to the Peace Agreement, elections for the three-person Presidency of Bosnia and Herzegovina, the
House of Representatives for Bosnia and Herzegovina, the House of Representatives of the Federation and the
Federation Presidency and the National Assembly of the Republika Srpska should be held between 14 June and 14
September.
- On 22 February, the PEC reached agreement on the basic rules and regulations for the preparation and conduct
of the elections. These have now been adopted by all parties and will be developed in more detail in the coming
weeks. It was also announced that elections to cantonal and municipal elections will be held according to the same
rules as the national and Entity elections.
- The next major step in the preparation of elections will be the publication on 31 March of the provisional
Voters List, based on the 1991 census, for all the local and national level elections to be held this year. All
citizens of Bosnia and Herzegovina, whether living there or abroad, will be given the opportunity to check whether
their names appear on the provisional Voters List. If a voter's name appears correctly in the municipality in
which they have the right and intention to vote in person, they will not need to take any action.
- There will be a period during which individuals may apply, among other things, to vote by absentee ballot in
the municipality in which they were registered in 1991 or to have the right to vote in a different municipality or
entity from that in which they were registered in 1991. Such applications will be considered by the Provisional
Election Commission in accordance with criteria to be announced at the time of publication of the provisional
Voters List. At the end of this period, the official Voters List will be published.
- The program of elections for Bosnia and Herzegovina is extremely ambitious. During the next few weeks,
procedures must be established to permit the large number of applications which can be expected for absentee
voting or re-registration at other municipalities.
Free and Independent Media
- For any election to be free and fair, there has to be equitable access to the media by all registered parties
both before and during the election campaign especially radio and television. Such access is not the case
currently in either the Federation or the Republika Srpska press. In close cooperation with the OSCE, UNESCO, the Council of Europe, the European Commission and NGOs active in the media field, my offices in Sarajevo and
Brussels are trying very actively seeking to improve this situation. A working group on free media has been set up
under the JCC in Sarajevo, and my office in Brussels will convene a round table on 12 March to discuss how best to
encourage the development of genuinely independent media in Bosnia and Herzegovina and to coordinate the work of
those agencies and organizations involved in the promotion of free media.
Human Rights
- Peace cannot be secured without human and political rights being guaranteed to all the citizens of Bosnia and
Herzegovina. I have accordingly made this one of the priorities of my work.
- The Chairman-in-Office of the Organization for Security and Cooperation in Europe appointed Ms. Gret Haller
as the Human Rights Ombudsperson on 21 December 1995. I also report with satisfaction the extensive consultative
process led by the Council of Europe regarding the establishment of the Human Rights Chamber, and call upon the
Parties and the International Community to secure adequate funding for the Chamber. The Human Rights Chamber will
be set up in accordance with the time limits laid down in the Peace Agreement.
- Following the conclusions of the London Peace Implementation Conference, I have established a Human Rights
Task Force in both Brussels and Sarajevo to facilitate the exchange of information among intergovernmental
organizations and NGOs active in the field of human rights. A first meeting between such international
organizations and agencies was held in Brussels on 26 January. This meeting agreed that the central coordinating
role in this area be given to the Office of the High Representative.
- In order to coordinate daily human rights monitoring activities and assess the development of the human rights
situation in Bosnia and Herzegovina, I am pleased to report that the plans are now under way to establish the
Human Rights Coordination Center (HRCC).
- I am satisfied that significant progress has been made in developing effective coordination mechanisms among
the intergovernmental actors, including the
International Criminal Tribunal for the former Yugoslavia the
UN Centre for Human Rights, the
UN High Commissioner for Human Rights, the
UN Mission in Bosnia and Herzegovina, the
UN High Commissioner for Refugees, the
OSCE, the
Council of Europe, the
European Community Monitoring Mission, the
International Committee of the Red Cross, the
UN Special Rapporteur on the Former Yugoslavia, and the
UN Expert on Missing Persons, and expect such cooperation to continue.
- On 22 January in Sarajevo, I met representatives of the International Criminal Tribunal for the Former
Yugoslavia and agreed on the nature of our future links. While fully respecting the integrity and independence of
the Tribunal, the OHR within its means and mandate will fully support the Tribunal's important work.
- I have encouraged both the Federation and Republika Srpska to adopt amnesty laws covering all crimes except
war crimes as defined by the International Criminal Tribunal for the Former Yugoslavia or crimes unrelated to the
conflict. Such laws will help both reconciliation and freedom of movement. One has already been adopted for the
Federation and Republika Srpska is in the process of adopting a similar law.
- It was agreed at the Rome meeting on 18 February that persons, other than those already indicted by the
International Tribunal, may be arrested and detained for serious violations of international humanitarian law only
pursuant to a previously issued order, warrant, or indictment that has been reviewed and deemed consistent with
international legal standards by the International Tribunal for the Former Yugoslavia. Procedures will be
developed for expeditious decision by the Tribunal and will be effective immediately upon such actions.
- The Parties must commit themselves in word and deed to the highest level of internationally recognized human
rights and fundamental freedoms. I am urging them immediately to secure for all persons within their
jurisdiction freedom of movement and residence, the right to fair judicial proceedings, and freedom from any form
of discrimination. Compliance with the rights and freedoms provided in the European Convention for the Protection
of Human Rights and Fundamental Freedoms and its Protocols is necessary in order to achieve a lasting peace in
Bosnia and Herzegovina.
Freedom of Movement
- Freedom of movement across the entire territory of Bosnia and Herzegovina is a fundamental part of the Peace
Agreement. It is of particular importance to the establishment of cooperation between the Federation and the
Republika Srpska, to the return of refugees and displaced persons and to the conduct of election campaigns.
- My office has firmly upheld the principle of the Peace Agreement that neither the Federation nor the Republika
Srpska may establish controls at the boundary between the two entities. Together with Commander IFOR and the IPTF
Commissioner I have acted firmly against any attempt to prevent freedom of movement between the two entities.
Refugees and Displaced Persons
- Another key element of the Peace Agreement is the right for refugees and displaced persons to return to their
homes. Enabling refugees to return is important for a large number of reasons, including the creation of the
conditions that will make the holding of free and fair elections possible.
- The leading role for implementation of this Annex belongs to UNHCR, and my office actively supports the
efforts of this agency. On 16 January 1996 the High Commissioner convened a meeting in Geneva of the Humanitarian
Issues Working Group (HIWG) of ICFY to discuss the initial strategic planning for return and repatriation, while
a more detailed plan of operations for the implementation of Annex 7 of the Peace Agreement was discussed at a high-level working meeting in Oslo on 8 March.
- The issue of return of displaced persons and refugees is intimately linked to the implementation of other
aspects of the Peace Agreement. It is my assessment that a significant proportion of displaced persons and
refugees will return voluntarily if, in practice, a secure and safe environment exists, and if adequate shelter
and essential services are available or likely to become so soon. There is thus a very clear link between refugee
return and freedom of movement and economic rehabilitation.
- The UNHCR has suggested a phased plan for repatriation of refugees from neighbouring and other host countries
providing for three categories of movements. First, the movement of refugees to their own home areas where they
constitute the majority today. These would in principle be the easiest movements to carry out, provided that
adequate accommodation is available or can rapidly be made available and that absorption capacity is quickly
improved. Secondly, the repatriation of refugees who do not wish to return to their former home areas, where they
would now be in a minority, and who wish to relocate to new areas within the Entity in which they would constitute
the majority. The third category, and the most difficult, is the repatriation of refugees wishing to return to
their areas of origin where their ethnic group now constitute a minority.
- This phased return could be carried out over a two-year period provided that the conditions indicated above
are met throughout the period. With more than 60 per cent of all housing units having sustained some damage while
some 18 per cent have been completely destroyed, economic revival, rehabilitation and reconstruction will be
critical. For the third category of return as suggested by UNHCR, a climate of security and respect for human
rights beyond the time covered by the mandate of IFOR is imperative.
- As far as the establishment of the Commission for displaced persons and refugees is concerned, I have
suggested that the International Organization for Migration (IOM) should assume the role of facilitator from now
until the first meeting of the Commission. IOM will prepare a working document in which proposals concerning
practical and legal aspects of the work of the Commission will be examined. I hope that the Commission will begin
its work in Bosnia by 14 March. A first meeting was held in Geneva on 17 February, with participation from my
office.
Prisoners of War
- The release of all prisoners of war is an important part of the Peace Agreement. I am seriously concerned by
the unwillingness of the parties fully to comply with their obligations. Prisoners are still being held and their
families have yet to receive information about them. The parties must comply urgently with their obligations in
the Peace Agreement. In my opinion, the Security Council must be ready to consider the consequences of the Parties
failing to meet their obligations under the Peace Agreement in this important respect.
Missing Persons
- In consultation with the parties, a Working Group on Missing Persons has been established under the
chairmanship of the International Committee of the Red Cross, and held its first
meeting in my offices in Sarajevo on 1 March. I attach great importance to the efforts of the Group.
- In close coordination with the different United Nations agencies, a Working Group on Missing Persons and
Exhumation has been created. It is necessary to coordinate the different activities related to the very large
number of identified mass graves sites. The Working Group held a preliminary meeting in Brussels on 22 February
and was officially established on 1 March.
United Nations International Police Task Force
- In implementation of Annex 11, I worked very closely and continuously with
the United Nations Special Representative of the Secretary General (UNSRSG) and the International Police Task
Force (IPTF) Commissioner. IPTF has participated actively at every level of the JCC process since its inception,
and its role has been critical and effective. The build-up of IPTF is continuing. I am concerned not only that
the numbers requested should arrive in Bosnia and Herzegovina on time, but also that the police monitors committed
to the IPTF should be of the quality necessary to carry out what are very demanding tasks.
- I have strongly supported IPTF's right of immediate and complete access to prisoners. The Parties have
complied slowly and imperfectly. For instance, it took 8 days for Federation authorities to provide access to a
Republika Srpska General and others detained on suspicion of war crimes, and it took 15 days for the Republika
Srpska to provide access to a Bosniac journalist being held by the military on suspicion of espionage. A number
of other cases on both sides have been handled in a similarly unsatisfactory manner.
Regional Stabilisation
- The OSCE has accepted the request laid down in the Agreement to assist negotiations under its auspices
concerning Confidence and Security Building Measures and Regional Arms Control. I am not directly involved in
these negotiations. However, I share the view that regional stabilization and arms control must succeed in order
to enhance the peace.
- During the last two months, negotiations have begun in accordance with the commitments undertaken by the
parties. On 5 January a protocol on the exchange of Liaison Officers was agreed. Negotiations on Confidence and
Security Building Measures ended with an agreement on 26 January. Negotiations related to sub-regional and
regional arms control have begun. In all those fora, in spite of a period of Republika Srpska refusal fully to
take part in their work, negotiations on implementation of agreed measures are continuing. During March,
compliance of the parties with their commitments will most likely have to be assessed.
Inter-Entity Boundary and the issue of the Brcko Area
- In the Peace Agreement, provision is made for minor changes to the Inter-Entity Border Line by mutual consent
and in consultation with the IFOR Commander. A sub-commission of the Joint Military Commission is addressing these
issues, and has so far held nine meetings. It is important that local irregularities are sorted out in such a way
as to avoid friction in the future.
- The Peace Agreement left unresolved the issue of the area of and around the town of Brcko. It is to be
resolved through a process of binding arbitration during this year, with three arbitrators to be nominated by the
parties before 14 June. Their decision, which will be final and binding and which the parties have committed
themselves to implement without delay, will have to be made before 14 December.
- The Peace Agreement relates the binding arbitration to "the disputed portion of the Inter Entity Boundary Line
in the Brcko area indicated in the map attached to the Appendix." I have been informed that no such map exists,
and when I visited the area on 29 February the parties gave me widely different views on the areas which are to be
the subject of arbitration.
- I will recommend to the Parties that they nominate their respective arbitrators well before the June 14
deadline, as well as to seek agreement on the third arbitrator.
The Constitution of Bosnia and Herzegovina
- The new constitution of Bosnia and Herzegovina entered into force on 14 December 1995, the day of the signing
of the Peace Agreement in Paris. The entities are obliged to amend their respective constitutions to ensure
conformity with this constitution within three months of its entry into force, that is by 14 March. At the meeting
of the Joint Interim Commission on 24 January the parties confirmed their intention to carry out the necessary
changes. At the subsequent JIC on 27 February, they undertook to provide to my office by 9 March their respective
proposals for amendments to their constitutions, but they have not done this so far.
Federation Issues
- Though not the object of the Peace Agreement, the Federation is an indispensable building block for its
successful implementation. My staff in Sarajevo have devoted considerable time and effort to its preservation and
promotion. This work has not been in vain though much remains to be consolidated. There has been some progress in
the implementation of the Dayton Federation Agreement of 10 November 1995. My office facilitated the formation of
two separate governments for the Federation and for Bosnia and Herzegovina in a close dialogue with both
Federation partners. The governments were established, though with a delay of 10 days, at the end of January.
Other parts of the Federation Agreement have not yet been implemented. With regard to the establishment of united
customs and tax systems, for example, there was an agreed programme to end internal customs boundaries and
checkpoints within the Federation by 1 March which did not materialize. Recent public statements by officials
representing both parts of the Federation prove that a significant level of mutual mistrust is still hampering its
consolidation.
- My office has set up regular informal meetings of high-level Federation partners, including the Federation
President, the Vice-President, the Prime Minister of the Federation and his Deputy as well as the Prime Minister
of the BiH Government, his Deputy and party representatives. The purpose of these meetings is to address all
issues which are of vital importance to the implementation of the Federation, and to find solutions before these
issues become controversial and constitute obstacles to the further implementation process. The first such meeting
took place on 15 February, chaired by my Principal Deputy. It prepared the substance for the Joint Statement on
the Federation in Rome three days later.
- The Agreement at Dayton on 2 November 1995 on the return of 600 Bosniac and
Bosnian Croat refugee families to four cities in the Federation has not yet been fully carried out. So far, it
has only been fulfilled in one city - Travnik. My office has, in close cooperation with UNHCR, succeeded in
achieving a breakthrough in Jajce where some people have begun to return. There has been some progress also in
Stolac. My office continues to remind the Government in Sarajevo and local authorities in Bugojno of their
obligations under the agreement. Full compliance is essential to build confidence between the Bosniac and Croat
Federation partners.
- Overall, however, the state of the Federation and the relations between its key players remain fragile. This
has been illustrated by the events in Mostar at the beginning of February which almost led to an early termination
of its EU Administration. The Federation continues to be in need of advice and support. My office is working with
the Federation partners, the "Friends of the Federation" as well as other international players with the aim of
achieving some more substantial progress.
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