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- COORDINATION OF CIVILIAN IMPLEMENTATION
Overall Coordination
- Two more meetings of the major implementation agencies were held at my office
in Brussels, one on 29 March and the other on 29 May, in order to assess the efforts
undertaken by the different international agencies and organizations involved in the
implementation of the Peace Agreement, and also to coordinate preparations for the
Florence Conference. Further meetings are planned, at approximately two-month
intervals.
- I have continued extensive consultations with representatives of governments
and organizations. I had several meetings with the OSCE Chairman-in-Office. I have
also addressed the General Affairs Council of the European Union. On 21 June I
reported to the European Council in Florence and on 28 June to the Heads of State and
Government of The Eight in Lyon.
Operational Coordination
- On the ground in Bosnia the Joint Interim Commission (JIC), composed of
delegations led by the Prime Ministers of Bosnia and Herzegovina, the Federation and
the Republika Srpska and chaired by me, continued to deal with questions concerning
the political and constitutional implementation of the Peace Agreement, providing
also an opportunity for essential direct political dialogue between the parties on a
wide range of issues. The JIC met alternatively in Sarajevo and Banja Luka on 16 and
30 March and on 6, 18 and 25 June as well as on July 2. At two of these meetings,
representatives of Republika Srpska were not present.
- The Joint Civilian Commission (JCC) has been meeting on a fortnightly basis in
my office in Sarajevo, chaired by my Principal Deputy in Sarajevo, Ambassador
Michael Steiner. The JCC, a body bringing together representatives of governments of
Bosnia and Herzegovina, the Federation and the Republika Srpska, as well of the most
important implementation agencies, dealt with a wide variety of practical issues
concerning civilian aspects of the peace process, including economic reconstruction,
freedom of movement, return of refugees and displaced persons.
- Four regional Joint Civilian Commissions have now been established, covering
the Northern, Western and Southern parts of the country as well as the Sarajevo area.
JCC-N and JCC-W have been meeting regularly since 26 March and 10 May
respectively on the territory of the two entities to discuss specific issues related to
those regions. Efforts are being made to re-establish inter-entity economic, transport
and communications links on regional and local levels, and also in the field of
confidence-building measures aiming at facilitating the return of refugees and
displaced persons to homes of origin. The first session of JCC-South took place in
Mostar on 19 June. The Joint Civilian Commission for Sarajevo, which had proven to
be a useful coordinating organ during the period of transition of parts of the city to
Federation authority, continued its regular sessions, focusing in the ensuing period on
the problems of retaining the multi-ethnic and multi-cultural character of Sarajevo.
- By the end of March all the Commissions provided for in the Peace Agreement
had been established and have been since holding regular sessions. Some of them are
chaired by OHR, others by various international organizations acting as lead agencies
in specific fields, with OHR participation.
- In the field of human rights, the Human Rights Task Force continued to meet on a
regular basis and has established subcommittees to address problems requiring more
coordinated action. The Human Rights Coordination Centre (HRCC), established
under the auspices of my office on 14 March, has been actively engaged in the daily
coordination of human rights monitoring activities. Representatives of the main
human rights implementing organizations, including UNMIBH, OSCE, UN High
Commissioner for Human Rights, ECMM, UNHCR, and ICRC, collaborate closely
with the HRCC, including by assigning staff to the HRCC.
Economic reconstruction
- Economic revival and long-term rebuilding of the economy remain major
preconditions for peace and political stability. In this context my efforts have been
aimed at ensuring an early and convincing start to economic rehabilitation and
reconstruction. I have cooperated in this endeavour with economic implementation
agencies, namely the World Bank, the European Commission, the European Bank for
Reconstruction and Development, the International Monetary Fund and the
International Management Group. Regular meetings of the above organizations were
held to discuss and coordinate plans and establish priorities.
- The Ministerial Donors Conference sponsored by the World Bank and the
European Commission was held in Brussels on 12 - 13 April. Although funding
pledges necessary to meet the target of 1.8 billion US dollars for 1996 were said to
have been made, subsequent review has noted that part of this refers to non-
reconstruction efforts, bilateral programs not co-ordinated with the priority efforts or
funds not yet committed. It can be assessed that around 1 billion US dollars will be
available for the planned programs during 1996, thus causing significant and serious
funding shortfalls also in the programs that I have attached the highest priority to.
- It is regrettable that as a result of internal political implications Republika Srpska
declined the invitation for its government to participate in the Brussels Conference,
thus effectively cutting itself off from the funds designated for specific economic
projects in its territory. I have made it clear to the RS leaders that a continuation of
this line would be against the interests of the people of Republika Srpska and would
only increase the economic problems facing the entity.
- Within the framework of reforms that would facilitate economic recovery and
transition of Bosnia and Herzegovina to a market economy, the reconstruction
programme should focus on such priorities as infrastructure revival; employment
generation and restart of production; institution-building and strengthening of
implementation capabilities of government and its agencies at all levels; promoting
the social sector and providing social support for vulnerable groups and refugees.
- I consider it also of importance that bilaterally financed and implemented projects
are coordinated within the agreed priority programme.
- Economic reconstruction and rehabilitation are major instruments in promoting
reintegration of the country. I consider it therefore vitally important that emphasis is
made in the course of planning and fund allocation on projects leading to re-
establishment of inter-entity links.
- I am convinced that external economic assistance, be it from international
institutions or through bilateral channels, should be, and has so far been, directly
linked to compliance with the terms of the Peace Agreement. I have continuously
made it clear that the Parties cannot expect such assistance to be forthcoming unless
they commit themselves to full compliance and that no partial or selective approach
would be acceptable. In several instances during the last three months it was the
perspective of economic assistance being withheld that led to an improvement of the
Parties' compliance record.
Preparations for Elections
- Following discussions within the OSCE Permanent Council, the OSCE Chairman-
in-Office, Federal Councillor Flavio Cotti, has decided to certify national elections on
14 September, in accordance with the timetable in the Peace Agreement. This decision
was in line with the political conclusions of the Florence Mid-term Review
Conference. I consulted closely with the Chairman-in-Office on this matter, as had
been envisaged in the decision of the OSCE Ministerial Council Decision on OSCE
Action for Peace, Democracy and Stability in Bosnia and Herzegovina of 8 December
1995. I warmly welcomed the Chairman-in-Office's decision.
- The forthcoming elections will constitute a major milestone in the process of
peace implementation. They will enable us to proceed with the complex task of
establishing the common institutions, thereby halting and reversing the drift towards
the partition of Bosnia and Herzegovina. The extremely difficult and complex task of
elections preparation, supervised by the OSCE, is gaining momentum on the basis of
the Rules and Regulations adopted by the Provisional Election Commission (PEC)
with participation of the Parties. Much of the regulatory work of the PEC has now
been completed. Local Election Commissions have been set up in most locations and
the majority of them are now functioning. Voter registration is under way. Party
registration was completed by 14 June. The Provisional Election Commission has
approved registration applications from 49 parties and 33 independent candidates. An
Elections Appeals Sub-Commission has been established. Arrangements to ensure
that all refugees will be able to participate in the elections are being developed. But
there will continue to be major logistical challenges which need be overcome to
ensure that the elections can be held in an organized and effective manner. The OSCE,
which is leading this effort, must be able to count on the full support of the
international community in the critical weeks ahead.
- In the short time available, there must be a concerted effort to realize freedom of
movement between and within the entities. This is essential to the successful conduct
of the elections. To enable voters to be properly informed, more needs to be done to
ensure that all candidates and political parties are able to have access to the state
media. The Parties must facilitate the development of the independent television
network.
- No one can expect these, the first post-war elections, fully to meet the highest
democratic standards. Bosnia and Herzegovina will still have a long way towards
building a democratic society based on political pluralism and respect for human
rights. But the September elections will constitute an indispensable first step towards
the achievement of this essential goal.
Freedom of Movement
- Since my first report in March there has been considerable improvement in
ensuring freedom of movement throughout the territory of Bosnia and Herzegovina.
Permanent roadblocks and check-points have been dismantled and attempts to
reinstall unauthorized check-points, even on a temporary basis, are effectively
countered by concerted action of UNIPTF and IFOR. Mobile check-points
have also
been reduced, but it requires constant monitoring to prevent local police adopting an
over-zealous approach to their duties.
- But check-points are not the only obstacle for the freedom of movement. Although
there is an evident increase in the number of people crossing the IEBL, much remains
to be done to overcome the feeling of insecurity and mutual mistrust. Intimidation and
harassment are not infrequent on both sides of the IEBL, as well as within the
Federation between its constituent ethnic groups. Also, given the large number of men
who served in the armed forces, the lack of clarity on who is being sought for war
crimes and the fact that both the Federation and Republika Srpska have been slow in
passing amnesty legislation have had serious implications for freedom of movement.
- Since the beginning of the summer season, especially during the lead-up to the
Bajram holiday (mid-to-late April), the situation has been additionally complicated
with continuing attempts of organized visits by large groups of displaced persons,
some numbering several hundreds of people, to their former places of residence. This
sometimes led to violent confrontations these groups and local residents, and in a
number of cases brought injuries; one particular incident on 28 April resulted in three
casualties. However smaller-scale visits have in most cases gone unhampered.
- Through coordinated efforts of the UNHCR, the UNIPTF
and my office in
Sarajevo guidelines regulating such visits were negotiated and adopted by the Parties,
thus defusing the situation to some extent.
- At the political level I have been stressing to the leaders of the Parties that
ensuring the freedom of movement was their obligation under the terms of the Peace
Agreement. I shall continue to monitor closely this aspect of compliance.
- As it is not only the right to move freely that is an essential cornerstone of a
lasting peace in Bosnia and Herzegovina, but also the ability to do so, efforts within
the JCC framework will be continued to ensure unimpeded vehicle circulation, mutual
recognition of travel, insurance and vehicle registration documents, as well as
restoration of inter-entity bus service and railroad links.
Return of refugees and displaced persons
- The right of people who have been displaced or fled the country to return to their
homes is another basic principle of the Peace Agreement. The dimensions of the
problem of refugees and displaced persons are enormous, with more than half of the
pre-war population of Bosnia and Herzegovina falling into either of the two
categories.
- So far the number of those who have exercised the right of return is, unfortunately,
disproportionately small, compared to the displacement of more than half of the
country's population. Return is being obstructed by political blockages as well as
acute lack of housing space which still has to be overcome by an immense housing
reconstruction effort. Return, so far, has been nearly exclusively limited to areas of
own ethnic dominance. In numbers, it has even been offset by further post-war
movements of continued ethnic separation.
- The UNHCR Action Plan and the conclusions reached at the Humanitarian Issues
Working Group meeting in Geneva on 13 May constitute a starting point for the
repatriation and reintegration of refugees. Creation of conditions in which UNHCR
would be able to recommend the lifting of temporary protection and support
progressive free and safe return is now an urgent matter affecting the future political
and economic viability of Bosnia and Herzegovina. To bring these about the Parties
must remove political obstacles, cooperate in housing rehabilitation as a step to larger-
scale reconstruction, as well as in making refugees welcome on the territory under
their control.
- The Commission on Real Property Claims of Displaced Persons and Refugees
established in Sarajevo under OHR auspices will now proceed with the registration of
such claims so as to provide property owners with the assurance that their rights will
be preserved. Cooperation of the local authorities will of course be essential.
- Another practical obstacle hindering the right to return are existing property laws,
particularly those concerning the use of "socially-owned" property, which do not
respect the rights set forth in the Peace Agreement. As a result of enforcement of
these provisions, persons have been denied the ability to return to their pre-war
residences. The Parties must be called upon to suspend enforcement of these laws and
amend such statutes in a manner which is consistent with the Peace Agreement.
Missing persons. Mass graves
- National authorities and international mechanisms and organizations dealing with
these issues, notably the Expert Group on Exhumation and Missing Persons, the
membership of which includes ICRC, the UN Special Rapporteur on Human Rights
and the UN Expert on Missing Persons, and the Working Group on Unaccounted for
Persons have undertaken considerable efforts towards establishing the fate of missing
persons and mass grave sites. Within the framework of the Working Group, the
Parties have agreed on a set of guidelines concerning exhumations, to ensure that
these are conducted professionally, in full cooperation between the Parties and lead to
as many identifications as possible. The development of an antemortem database on
missing persons and the establishment of a team of forensic experts to monitor and
supervise exhumations is now an urgent task. The UN Expert on Missing Persons has
launched a world-wide fund-raising campaign to support these projects.
Release of prisoners and cooperation with ICTY
- As a result of concerted effort undertaken by my office in Sarajevo in close
cooperation with ICRC, UNIPTF, and the International Criminal Tribunal for the
former Yugoslavia (ICTY), including the strong political support from
the international community, the Parties were brought into compliance with Annex
1-A of the Peace Agreement. Intensive pressure, including the possible sanction of non-
complying Parties, resulted in the release of most prisoners registered by the ICRC who were detained in relation to the conflict. For the remaining prisoners,
a process was devised whereby case files on persons alleged to have committed war crimes
were passed to the ICTY for review. The Parties complied fully with this process,
including release of all persons for whom ICTY determined there was insufficient
evidence to warrant further detention.
- The apparent success achieved on this issue is still incomplete, however, because
of substantial evidence indicating that the Parties continue to detain persons arrested
prior to 19 December 1995 who have not been registered by ICRC. In addition, there
have been numerous arrests of suspected war criminals in the past several months
contrary to the "Rules of the Road" measures agreed to in Rome on 18 February in
which no such arrests would be made prior to ICTY review of the case. My office, in
conjunction with ICRC, UNIPTF, and ICTY has been working to operationalize the
"Rules of the Road", but this process will require active cooperation of the Parties.
Finally, there continue to be numerous arbitrary detentions of persons, including
frequent cases of tit-for-tat arrests and unsubstantiated "war crimes" arrests, which
have the effect of impeding freedom of movement for those who perceive they are at
risk of arrest.
- While there has been some improvement by the Parties to comply with their
obligations with respect to war crimes and cooperation with ICTY, the record is
incomplete and inadequate. No state or entity in the area has been able or willing to
comply fully with the terms of the Peace Agreement on this important point. To date,
only the authorities of the Federation of Bosnia and Herzegovina have partially
complied by arresting, on the territory controlled by the B/H Army, and transferring
into ICTY custody in the Hague, individuals of the same ethnicity who had been
indicted by ICTY, but have not been able to do the same concerning individuals on
the part of the Federation territory controlled by the HVO. On the territory of
Republika Srpska there have been no attempts to live up to the obligations of the
Peace Agreement on this point. According to the UN Security Council
Resolution 827(93)
the Parties are under the obligation to surrender persons indicted by the
Tribunal. There can be no exception to this obligation.
- According to the Peace Agreement, persons indicted by the Tribunal can not hold
or seek public or elected office. On this point, Republika Srpska has stood out against
all others in not being in compliance. However, on 30 June Mr. Karadzic handed over
all his functions as President of the Republika Srpska to one of his Vice-Presidents,
thus leaving public office. Although this is significant progress in this regard, the
same obligation is not yet met in respect to General Mladic.
Human Rights
- Respect for human rights and rule of law are prerequisites for a lasting peace in
Bosnia and Herzegovina. Despite commitments to uphold the highest standards of
human rights protections, the Parties have not fulfilled their obligations in this regard.
While it would be unrealistic to expect immediate implementation of all the human
rights provisions of the Peace Agreement, the Parties have not taken concrete steps to
eliminate conditions which threaten the goal of a multi-ethnic society which had been
envisioned in the Peace Agreement. The political leaders must commit themselves to
ensuring that the full range of civil and political rights are protected for all citizens.
- In order to accomplish these objectives and reverse the trend toward ethnic
separation, the Parties must take certain urgent concrete steps, including adoption of
amnesty laws, permitting freedom of movement, instructing local officials that
harassment and intimidation of vulnerable populations will not be tolerated, bringing
property laws into compliance with the Peace Agreement, releasing all persons who
have been detained arbitrarily, and ensuring that officials responsible for abuse and
human rights violations are punished appropriately. My office, in cooperation with
the international community, is working continuously to achieve each of these goals,
but these efforts are ultimately the responsibility of the Parties and therefore require
the active cooperation and support of the political leadership. A report on the
implementation of the human rights provisions of the Peace Agreement prepared by
my Office for the Mid-term Review Conference in Florence is attached as Annex 2.
- With the aim of coordinating the efforts of various international organizations
active in the human rights field a Human Rights Coordination Centre was established
on 14 March under the auspices of my office in Sarajevo. It has been dealing with
individual cases appearing daily, as well as monitoring the overall human rights
situation in close contact with the UNHCHR, UNIPTF, OSCE, ICRC and the
European Community Monitoring Mission.
Sarajevo
- Recognizing the importance of a multi-cultural and multi-ethnic Sarajevo to the
process of reconciliation in Bosnia and Herzegovina, my office has been working
intensively to monitor developments in Sarajevo since the completion in the second
half of March of the transition of territories between the two entities. I am concerned
about the continued harassment and intimidation of remaining Serb population in the
Sarajevo suburbs, and note that it is the responsibility of the political leadership to
create conditions in which Serbs can live in Sarajevo without fear. My office is
facilitating this process through the Joint Civilian Commission for Sarajevo, which
has reached several important agreements to address the needs of vulnerable
populations in Sarajevo. These decisions cover preservation of property rights,
freedom of access and continuity of the educational system and participation in public
life.
- Some practical steps in this direction have been achieved, including the
participation of Serbs in the Ilidza Municipal Council and the resumption of the
educational program for Serb children in that municipality. However, many of the
other arrangements agreed to in the JCC for Sarajevo have yet to be fulfilled by the
local authorities; the result is that there has not been a substantial return of Serbs to
the Sarajevo area. Federation authorities are not doing enough to regulate the
occupation of empty houses by refugees or displaced persons from other parts of
Bosnia and Herzegovina, nor are they taking sufficient steps to protect Serbs who
have chosen to remain in Sarajevo from threats and occasional violent incidents.
IEBL and Brcko arbitration
- The Parties have by now made substantial progress in adjusting the Inter-Entity
Boundary Line (IEBL). Most of the practical issues which had been outstanding at the
time of the signing of the Peace Agreement are now resolved, with discussion
continuing under IFOR auspices on the last remaining sections of the
IEBL, and in
particular on the sensitive Sarajevo district of Dobrinja.
- The Federation has nominated Dr. Cazim Sadikovic, and the Republika Srpska Dr.
Vitomir Popovic as their members of the Brcko arbitration tribunal. The Parties have
until 14 July to agree on the candidature of the third arbitrator.
- I have urged the nominated arbitrators to agree urgently on the third persons, who
will also be the presiding officer of the Arbitration Tribunal, thus making it possible
for it to convene as soon as possible.
- Arbitration will undoubtedly be a difficult issue. But the sooner it is tackled by the
Parties the better chance there is for a mutually acceptable negotiated solution, which
would take into account the legitimate interests of all Parties and would best serve the
people of Brcko.
Mine clearance
- With more than 3 million land mines still scattered all over Bosnia and
Herzegovina mine clearance is a matter of great urgency and importance and remains
a major prerequisite for any large-scale reconstruction projects or return of refugees
and displaced persons to succeed. This task will require consistent efforts of all Parties
and the international community.
- The Mine Clearance Policy Group, established under the auspices of my office in
Sarajevo and chaired by my military advisor has succeeded in formulating a national
mine clearance strategy for Bosnia and Herzegovina. It will now concentrate on
setting priorities for further efforts on international, B/H and entity level. Several
pilot projects are already under way in Sarajevo, and a national demining-training
school has opened in the Republika Srpska.
- In order to coordinate these efforts a Mine Action Centre was set up in Sarajevo
on 20 May, as part of UNMIBH, with active participation of IFOR and my
staff. It is expected to initiate a wide-ranging programme of mine-clearing and training of local
personnel, inviting potential donors to provide financial support and expertise.
Regional stabilization
- Negotiations on sub-regional arms control, pursuant to Article 4 of Annex 1-B of the Peace Agreement, chaired by the OSCE, have been successfully concluded,
and the relevant agreement was signed in Florence on 14 June.
- Implementation of this Agreement will facilitate the opening of the last round of
negotiations on regional arms control envisaged in Article 5 of the
above-mentioned Annex.
Constitutional arrangements
- The implementation of the Peace Agreement is expected to culminate with the
creation and functioning of new common institutions of Bosnia and Herzegovina
following the elections. That will constitute, in effect, the start of the process of
political reknitting of the country, without which any long-term stability is hardly
possible.
- In order for this complex process of post-election implementation of the
Constitution to succeed preparations have to start now. It is therefore especially
disappointing that the Parties are still behind their obligations in amending existing
Entity constitutions to bring them into conformity with the Constitution of Bosnia and
Herzegovina, something they had had to complete as early as 14 March.
- In view of the importance and urgency of the issue I have drawn the attention of
the Parties to the necessity to initiate preparatory work on the organizational and
logistical modalities concerning post-election formation of common institutions,
specifically convening without delay the Presidency of Bosnia and Herzegovina,
followed immediately by the nomination of the Chair of the Council of Ministers;
convening the Parliamentary Assembly and selecting the delegates to the House of
Peoples; adopting the internal rules of procedure of the above bodies within one week
upon convening.
Federation issues
- The Federation of Bosnia and Herzegovina continues to be an indispensable
building block for the successful implementation of the Peace Agreement. Efforts
aimed at setting up all necessary Federation structures and promoting relations
between the Federation partners have been continued by my staff with the helpful
assistance of some governments.
- These efforts resulted in the signing by the top leaders of the Federation of the
Sarajevo Agreement of 30 March stipulating freedom of movement, transfer of
governmental structures, namely in the areas of finance, internal affairs and defense,
formation of cantonal governments and making the overall federation mechanism
functional.
- This was followed by the Petersberg Declaration of 25 April and the Joint
Statement of the Federation Forum of 14 May covering various aspects of Federation
implementation, including, among other things, elections, media, human rights, police
and defense issues. Regrettably, on the ground, implementation has not progressed
quickly. The Defense Law has not yet been passed, and command and control
agreement for a single Federation Army has not been achieved.
- In spite of some progress towards creating a stable and democratic Federation of
Bosnia and Herzegovina, there still remains a lot to be done, however, to achieve that
goal. Relations between Federation partners, especially on local and regional level,
have to be strengthened and outstanding issues resolved. This can only be possible
with active and genuine cooperation of the political leaders of the constituent
communities in the Federation.
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