III. COORDINATION OF CIVILIAN IMPLEMENTATION
Overall coordination
- Regular discussions with the representatives of Governments and
organizations have been maintained at all levels. I have made determined
efforts to consult personally with concerned leaders and value highly
the support I receive from them. My secretariat in Brussels has been
especially engaged in this maintenance of close contacts with
international partners and, further, in the provision of essential
longer-range forecasting of issues related to civilian implementation.
In Sarajevo, I have continued to convene, on a regular basis, Principals
meetings with the participation of the Special Representative of the
United Nations Secretary-General, the IPTF Commissioner, the UNHCR
Special Envoy, the Commander of SFOR and the OSCE Head of Mission.
- The Economic Task Force, which meets under my chairmanship in
Sarajevo, continues to be the key instrument for coordinating economic
reform policies and priorities of international reconstruction
assistance. The Economic Task Force has strengthened the implementation
of political conditionality as requested by the Third Donors' Conference
in July. In addition, the Economic Task Force has taken the lead in
developing an anti-corruption strategy for Bosnia and Herzegovina.
- The Reconstruction and Return Task Force moved into a new phase of
operational activity and responsibility. On the operational side,
Regional Reconstruction and Return Task Forces were established for the
Brcko/Posavina area, the north-western region - addressing return and
reconstruction issues in the Una Sana Canton as well as the so-called
Anvil area - and for the Sarajevo and Gorazde Cantons. The Regional
Reconstruction and Return Task Forces have made important contributions
to coordination among the appropriate agencies at the field level and to
regional inputs into the policy work of the central Reconstruction and
Return Task Force.
- The Human Rights Coordination Centre Steering Board continues to
meet on a weekly basis to ensure prompt and thorough implementation of
the priorities set by the Human Rights Task Force. Plans are under way
for a human rights workshop to be attended by a wide range of
organizations, including international and local non-governmental
organizations, to discuss progress and gaps in human rights
implementation in preparation for the next meeting of the Human Rights
Task Force.
- The Freedom of Movement Task Force has continued to be a valuable
forum for exploring various ways to promote Freedom of Movement for
people, goods and services.
Common institutions of Bosnia and Herzegovina
- The Presidency, the Council of Ministers and Parliamentary Assembly
continue to meet albeit infrequently due to the lack of an
administrative structure and the outstanding decision on a final
location. The internal crisis in the Republika Srpska - the regular
absence of Serb members - has also substantially hampered the work of
these institutions.
- The Presidency held four regular working sessions and met several
international representatives during the reporting period.
- In order to press for a solution on the diplomatic and consular
network in accordance with the deadline of 1 August fixed in the Sintra
Declaration and overcome the lack of spirit of compromise of the
parties, I recommended on 2 August that Steering Board Members suspend
relations with the Bosnia and Herzegovina ambassadors with immediate
effect. As a result, the agreement in principle on the number (33) of
embassies and permanent missions of Bosnia and Herzegovina and the
division of posts was reached and signed on 8 August on the basis of a
proposal negotiated by my office. A decision on the appointment of
ambassadors was made on 30 September pending the outstanding issue
regarding three postings. The issue of the staffing of the embassies and
of the Ministry of Foreign Affairs needs to be further addressed.
- The draft laws on citizenship and passports also appeared on the
agenda of the Presidency sessions, after the failure of the Council of
Ministers to reach an agreement on this issue. The draft law on
citizenship was debated and sent back with comments to the Council of
Ministers for its further consideration. It is important to note that on
8 August the Presidency reached an agreement on the rules of procedures
of the Standing Committee on Military Matters.
- Amongst other crucial issues that need further decisions of the
Presidency are the establishment of diplomatic relations between Bosnia
and Herzegovina and the Federal Republic of Yugoslavia, the common flag
and the design of the Bosnia and Herzegovina currency.
- The Council of Ministers was again the most active of the common
institutions, though meeting on an irregular basis but on average at
least once weekly. During the reporting period, the Council made good
progress on the issues of civil aviation and telecommunications by
signing important agreements in these fields. The priority here now
shifts to implementation of these commitments. Progress on other issues
has been less notable.
- I believe that the Council of Ministers must take the required
steps, with appropriate support from my office to maintain what positive
momentum exists, in order to equip itself with the needed tools to meet
its constitutional obligations. This is particularly necessary when one
notes the failure of the Council in meeting Sintra deadlines, most
evidently on the important draft laws on citizenship and passports. The
Council of Ministers was unable to agree to the final draft texts my
office prepared and which I believe present the fairest and most
realistic solution. As a result of the Serb members' refusal to accept
this draft, which was supported by the Bosniak and Croat members, I
recommended to the Steering Board that the passports of the Serb members
of the Presidency and of the Council should not be recognized as valid
travel documents. This recommendation still stands since the situation
has yet to be resolved.
- Both houses of the Parliamentary Assembly held their fourth session
on 16 September in Lukavica at which the Law on the Official Gazette of
Bosnia and Herzegovina was adopted. This opened the way to the entry
into force of the quick start package I (package of essential
legislation passed in late June). The Parliamentary Assembly also passed
two World Bank credit agreements on education and transport previously
signed by the Presidency members. Furthermore the Parliamentary Assembly
has installed its commissions.
- The Constitutional Court of Bosnia and Herzegovina held two sessions
during the reporting period. At the session of 27 July the Court adopted
its rules of procedure and elected its President and four
Vice-Presidents. On 25 and 26 September the Court discussed its
administrative structure and adopted the decision on the organization of
the Constitutional Court, which enables it to employ the essential
staff. The judges also dealt with the first of a total 13 cases which,
so far, have been submitted to the Court.
- Although the Rules of Procedure for the Standing Committee for
Military Matters were signed in early August, its first meeting duly
occurred on 15 September. All members of the Bosnia and Herzegovina
Presidency along with the respective Defence Ministers and Chiefs of
staff from the two entities attended the meeting.
- I am determined to make the Standing Committee for Military Matters
a working institution rather than a facade of one, and in advance of
this first meeting, my staff established contacts with the three
presidential-appointed military advisers who provide the secretariat
functions to the Committee. The agenda was agreed and included an OSCE
presentation on arms control and preliminary discussion on the
appointment of military attaches. The Standing Committee for Military
Matters will have a major role to play in the long-term stability in
Bosnia and Herzegovina by encouraging openness, cooperation and mutual
trust between the entities. My Military Adviser will have to coordinate
and drive the Committee's secretariat and will continue to press for
results from the Committee.
Essential legislation
- A draft law on citizenship of Bosnia and Herzegovina prepared by one
of the Council of Ministers, working in close cooperation with my office
as well as with the Council of Europe and UNHCR, has been before the
Council of Ministers since early this summer, but it has not been able
to agree on outstanding issues. The draft has also been considered by
the Bosnia and Herzegovina Presidency. The law on citizenship is
extremely important, and it is essential that the Common Institutions of
Bosnia and Herzegovina adopt it without any further delay.
- As soon as the law on citizenship is adopted, the two entities will
need to harmonize their citizenship laws with that law. My office will,
in cooperation with the Council of Europe, offer its assistance to the
entities in this respect.
- The draft law on passports, which regulates the form of the
passports and the way in which they are issued, is also before the
Council of Ministers for adoption, but it has not yet been able to
resolve the issue on the design of the passport.
- Legislation adopted by the Bosnia and Herzegovina Parliamentary
Assembly does not enter into force before official publication. The
Council of Ministers, on its own initiative, agreed on a law on the
Official Gazette of Bosnia and Herzegovina. It has been adopted by the
Bosnia and Herzegovina Parliamentary Assembly and the new Gazette will
shortly be regularly published in the languages of three constituent
people.
- My office has, together with other international institutions,
started the process of elaborating the second package of essential
legislation, including legislation on frequency management and
telecommunications, airspace management, permanent election law,
immigration law and permanent law on customs and customs tariffs. The
first draft of these laws are being prepared and will be presented to
the Bosnia and Herzegovina authorities soon.
Joint commissions
- Activities of the Provisional Election Commission (Annex 3) chaired
by OSCE, are referred to in the elections sections of this report.
- The Commission on Human Rights, which consists of the Human Rights
Chamber and the Ombudsperson (Annex 6) and the Commission for Real
Property Claims (Annex 7) continued their work.
- The Human Rights Chamber, the Ombudsperson and the Commission for
Real Property Claims all face critical funding shortfalls. In response
to the Sintra Steering Board meeting's call the Bosnia and Herzegovina
Government has committed DM 200,000 for each institution from its 1997
budget. The Steering Board also recognized, however, that the
institutions will require international support during the first years
of their operation, and committed itself to provide and to seek from
others supplementary financial assistance to allow their important work
to continue. To meet that commitment, I have proposed to the Peace
Implementation Council Steering Board that funding for the three
institutions be provided for 1998 through assessed contributions
according to the same funding key used to determine contributions to the
Office of the High Representative.
- Despite the critical funding situation, the work of all three
institutions continues to expand. As of 30 September, the Human Rights
Ombudsperson (both Sarajevo and Banja Luka offices) had opened 2,252
provisional files, registered 1,060 cases, and issued 49 final reports
in individual cases and 10 special reports. Thirty-three cases have been
referred by the Ombudsperson to the Human Rights Chamber. By 30
September, the Human Rights Chamber had registered 59 cases and rendered
11 decisions on admissibility of applications. Five public hearings have
been held and final decisions have been rendered in two cases. During
the same period, the Commission for Real Property Claims had received
over 40,000 claims, rendered more than 4,200 decisions, and sent 450
advisory opinions to the Office of the High Representative Supervisor in
Brcko. In August, the Commission for Real Property Claims began offering
to all reconstruction agencies the service of checking property rights
to private houses. Since then, it has received requests to check
property rights for a total of 1,094 properties.
- All three institutions have been hampered in their work by a low
level of cooperation from the authorities. In particular, authorities
have frequently failed to respond to reports or requests for
information, or have responded inadequately; the Ombudsperson continues
to face difficulties in ensuring that Federation authorities fulfil
their responsibilities under Annex 6. For all three institutions, there
remains a serious gap with regard to steps taken by the authorities to
ensure that the decisions and recommendations of these institutions are
promptly and effectively implemented. Nevertheless, measurable progress
has been made in terms of the institutions' effectiveness and impact in
specific cases.
- My office will continue to place a high priority on working with the
Ombudsperson, the Human Rights Chamber and the Property Commission to
ensure full cooperation by the authorities with each institution and to
ensure respect for their reports and decisions, including through the
drafting of implementation legislation where appropriate. We will also
work diligently to monitor and coordinate intervention in cases in which
the authorities have failed to meet those essential obligations.
- The Commission to Preserve National Monuments (Annex 8), coordinated
and financed by UNESCO, held its fifth session on 22 July, and extended
the selection of monuments and sites for the appropriate national list.
The listed heritage is subsequently visited for analysis of condition,
and the proper documentation is prepared, two of the major problems
being the lack of documentation on historic sites and monuments, and its
dispersion.
- At its recent meeting, the Commission on Public Corporations (Annex
9) agreed that railway inter-entity traffic be promptly re-established.
Instructions are given to the operating companies to work together and
to take whatever steps needed to implement that decision, starting with
the line Maglaj-Tuzla and Doboj-Zvornik and first with freight traffic.
Following the legal opinion issued by my office, a new organizational
structure of the railway sector was submitted to the Commission, but no
consensus was yet reached. The Commission is due to restart the
examination of the energy sector and the working group will, inter alia,
examine the advisability of creating a body between the two entities in
order to increase coordination and devise a joint policy in the field.
Elections
- Since my last report, the voters in Bosnia and Herzegovina went to
the polls on 13 and 14 September in order to cast their ballots for the
first democratically elected municipal councils following the signing of
the Peace Agreement. The municipal elections were held in a calm,
orderly and dignified manner. This was the result of the cooperative
attitude of the authorities, promoted by a major planning effort on the
part of all the key international agencies drawing on experience
accumulated during the 1996 electoral process.
- Threats of election boycott were encountered throughout the
preparation process culminating in a temporary withdrawal of the
Republika Srpska and Federation representatives from the work of the
Provisional Election Commission. The Republika Srpska representative was
withdrawn until the Republika Srpska Election Commission received a copy
of the final voters register; as a result of talks in Belgrade certain
operational concessions were made. The Croat Federation representative
was withdrawn, and only talks in Zagreb and concessions concerning the
electoral rules for the Central Zone in Mostar in return to the adoption
of significant amendments to the Herzegovina-Neretva Canton Constitution
could overcome a Croatian Democratic Union (HDZ) boycott. By such, both
sides came on board in the eleventh hour allowing for an overall
participation of approximately 80-85 per cent of the electorate. The
only substantial obstruction of the process was encountered in Zepce
where HDZ chose not to participate.
- As the international supervision of the municipal elections required
an operational plan for the implementation and management of the
post-election period, the Ministerial Steering Board meeting in Sintra
endorsed the Election Implementation Plan, which established an
inter-agency monitoring mechanism - Election Results Implementation
Committees - tasked with the monitoring of all aspects of the parties'
implementation of the municipal elections. This plan is established
primarily to enable the international agencies to identify any
individual, political party, authority or others who obstruct the
implementation process, whereas the responsibility for actual
implementation rests with the parties.
- With the end of the year, the mandate of the Provisional Election
Commission for supervision of the municipal elections will come to an
end. Then, the OSCE Head of Mission will, according to the Election
Implementation Plan, assess the overall electoral process and report to
the OSCE Chairman-in-Office in the form of a municipal electoral process
closure report. The final phase in the municipal electoral process ends
with this report.
- On 5 August the Republika Srpska President requested OSCE to extend
- or to be more precise - expand its mission until the end of the year,
in order to supervise the preparation and conduct of the extraordinary
Republika Srpska National Assembly elections. It was understood that the
voters register, created via the affirmative voter registration for the
municipal elections, would constitute the basis for determining
eligibility. It was also implied that the Provisional Election
Commission rules and regulations, with only the necessary changes to
accommodate the situation, would apply.
- On 26 September, the OSCE Permanent Council formally decided to
undertake the task of supervising the Republika Srpska National Assembly
elections, to be held on a date proposed by the President of Republika
Srpska in consultation with OSCE. Furthermore, the Permanent Council
decided to supervise other elections to be held in Republika Srpska at a
later date in accordance with constitutional provisions, taking note of
an agreement between the Republika Srpska President and the Serb Member
of the Bosnia and Herzegovina Presidency, signed in Belgrade on 24
September.
- My office has continuously stressed that elections held in Bosnia
and Herzegovina preceding the establishment of a Permanent Election
Commission, must be supervised by OSCE to deserve the attributes of
being free, fair and democratic. Furthermore, it is necessary that any
such supervision is accompanied by the application of the Provisional
Election Commission rules and regulations.
- As elections are the confirmation of the constitutional system
envisaged in the Peace Agreement, future elections in Bosnia and
Herzegovina will be of paramount importance for the implementation of
the Peace Agreement. Therefore, facilitating the establishment of the
Permanent Election Commission is one of the most important tasks before
my office. As envisaged in the first action plan drawn up during the
Peace Implementation Conference in London on 4 and 5 December 1996, the
Permanent Election Commission is to be established by an Election Law to
be adopted by the Bosnia and Herzegovina Parliamentary Assembly; a first
draft will be presented to the parties for their consideration in the
near future.
Federation issues
- Throughout the Federation, the political and security climate
continued to improve. Refugee return, including to minority areas, is
occurring especially in the Central Bosnia Canton and the Zenica-Doboj
Canton. Freedom of movement does not seem to constitute a major problem
any more. However, some worrisome developments also occurred, such as
the car bombing in West Mostar on 18 September and several attacks on
religious objects.
- My office continued to deal extensively with Federation issues. Of
particular note were a Federation Forum on 20 August and two high-level
Federation meetings on the Central Bosnia Canton on 5 and 27 August.
- On 4 September, the Sarajevo Canton Assembly adopted the
constitutional amendments necessary to establish the city of Sarajevo.
After municipal elections, the city must be established, with guaranteed
representation for all three ethnic groups. The Office of the High
Representative will closely follow the formation of the City Council,
the election of a mayor, and changes in administration to ensure that
all groups in the community share in the governance of the Bosnia and
Herzegovina capital.
- On 13 September, the Cantonal Assembly of the Herzegovina-Neretva
Canton adopted amendments to the Cantonal Constitution concerning
Mostar, thus unblocking the way for municipal elections in which all
major parties in the Federation participated. The situation in Mostar,
however, continues to be volatile with the Croat partner not yet having
honoured its obligation to dissolve the Union of the three West Mostar
municipalities.
- In addition to Sarajevo and Gorazde, the two Cantons under a special
regime, i.e. the Herzegovina-Neretva Canton and the Central Bosnia
Canton, started the restructuring process for a new, unified Cantonal
police. This joint police is now operational in a number of ethnically
mixed municipalities, although problems persist in some municipalities.
In light of their importance for providing security, the establishment
of joint police structures is a precondition for a large-scale return of
displaced persons and refugees to minority regions.
- In the Federation House of Peoples, HDZ interrupted its earlier
blockade that had arisen from the absence of an agreement on the law on
split and new municipalities, and in particular on the Croat populated
Usora, and consented to the adoption and amendment of a number of
important Federation laws, including the Federation budget for 1997. The
question of split and new municipalities, especially Usora, however,
remains on the agenda and will have to be resolved without further
delay.
Republika Srpska issues
- Since my last report (S/1997/542, annex), the constitutional and
political crisis in the Republika Srpska has deepened. It had started
with Republika Srpska President's suspension from office of the Minister
of Interior on corruption and embezzlement charges. On 3 July, the
President dissolved the Republika Srpska National Assembly on the
grounds that it had become an "uncritical instrument of the informal
centres of power", thus openly challenging the Serbian Democratic Party
(SDS) leadership. Pale disregarded this decision, and the SDS members of
the dissolved Assembly continued to meet. The Venice Commission, an
advisory body of law experts under the auspices of the Council of
Europe, confirmed on 10 July that the President acted within her rights
and that the Republika Srpska Government could, until new elections,
only continue its work in a caretaker capacity. On 15 August the
Republika Srpska Constitutional Court ruled that the President's
decision had been unconstitutional. This decision was the result of
political pressure including a physical assault against one of the
judges.
- In parallel to the constitutional crisis, the security situation in
the Republika Srpska worsened. On 10 July, SFOR, in accordance with its
mandate under Annex 1 A of the Peace Agreement, tried to apprehend two
persons who were subject of sealed indictments for war crimes in
Prijedor. The result of this operation was one arrest and the death of
the former chief of police of Prijedor. In response, the SDS leadership
orchestrated a defamation campaign and launched attacks targeted against
representatives of international organizations, thus escalating an
already volatile situation. At the same time, Serb members of the
Presidency and of the Council of Ministers temporarily ceased their
cooperation in the common institutions.
- As a clear signal of the international community's resolve to
address these issues, IPTF and SFOR began to treat, as of 8 August, the
Republika Srpska special police according to the rules and regulations
laid down in Annex 1 A of the Peace Agreement. Security problems,
however, continued. On 20 August, IPTF, supported by SFOR, undertook
weapon checks in a series of police bases in Banja Luka. On 28 August
acts of violence took place in Brcko including against my regional
office.
- Regarding the media situation, my office enhanced its support for
independent media in Banja Luka and other parts of the Republika Srpska.
On 30 August, the North Atlantic Council in response to my call has
confirmed paragraph 70 of the Sintra Declaration and decided that SFOR
could curtail or suspend media networks acting "in persistent and
blatant contravention of either the spirit or the letter of the Peace
Agreement". As an effort to get the Republika Srpska Television to
cooperate seriously, my office, SFOR and Pale concluded the Udrigovo
Agreement on 2 September, establishing the joint Media Support Advisory
Group.
- At the end of September, the Republika Srpska remains de facto split
with its two power centres in Pale and Banja Luka. There are signs,
however, that the key players might be willing to overcome this split
and find, on the basis of constitutionality and cooperation with the
international community, ways out of the present crisis situation. On 24
September, the Republika Srpska President and the Serb member of the
Bosnia and Herzegovina Presidency agreed in Belgrade to hold Assembly
elections in November and elections of Republika Srpska President as
well as Republika Srpska member of Bosnia and Herzegovina Presidency in
December. On 26 September, both Banja Luka and Pale agreed with IPTF to
have the Republika Srpska police fully restructured.
Media
- The general situation remains one of concern to the Office of the
High Representative. "State" media continued to pursue a nationalist and
inflammatory editorial line, although this is less severe in Bosniak
media within the Federation. Recent events in Republika Srpska including
the seizure of SRT transmitter sites by SFOR have underlined the
continued abuse of accepted norms in democratic media standards; the
Office of the High Representative will determine the necessary rules for
SRT to broadcast in the future. Events in West Mostar have seen an
explosion of inflammatory language; this issue has been raised within
the Media Support and Advisory Group, chaired by the Office of the High
Representative and will be dealt with accordingly.
- Underscoring the Office of the High Representative's commitment to a
free and democratic media within Bosnia and Herzegovina remains the
development of a strong, independent and alternative source of
information. The Open Broadcast Network (OBN) project continues to
develop and now broadcasts to 60 per cent of the territory of Bosnia and
Herzegovina, the project development continues to be hampered by late
delivery of pledges by donor countries. Funding has now been agreed for
the Office of the High Representative inspired Independent Print House
project for Banja Luka; this will be a European Community supported
project and will provide a guaranteed print facility for independent
newspapers in Republika Srpska.
Return of refugees and displaced persons
- My office has continued its efforts to support as well as coordinate
international and national actors to facilitate return and repatriation,
especially of persons who are returning to areas in which they would now
be in the ethnic minority. These efforts have focused on overcoming of
political obstacles to such returns in certain key areas as well as on
supporting the creation of the necessary conditions for return, also
through an integrated approach to the reconstruction of housing, social
and other infrastructure.
- More than 80,000 refugees have repatriated to Bosnia and Herzegovina
from countries in Europe since the beginning of the year and numerous
displaced persons more have been able to go home. However, almost all
have gone to so-called majority areas - parts of the country
administered by their own ethnic group - because of continued political,
security and administrative obstacles. Successful returns of so-called
minorities have been limited, but then such movements have taken place
in a more promising environment. Open Cities model, the political
breakthrough achieved in the Central Bosnia Canton with Federation
Government and international political support and some local return
arrangements are noteworthy developments. In the Central Bosnia Canton,
supported by the international community, the Cantonal authorities have
prepared a return programme which foresees the immediate return of
displaced persons to uninhabited houses and subsequent phased returns to
inhabited houses and socially owned apartments. Under this plan,
minority returns have already begun to previously blocked
municipalities, such as Bugojno and Jajce. My Deputy, the late
Ambassador Gerd Wagner, was instrumental in turning a negative incident
of forced expulsions of newly returned displaced persons into a
political incentive to overcome political attitudes that had blocked
inter-Federation returns in Central Bosnia for all too long.
- It is essential that limited international reconstruction funds be
put to their optimum use. This also involves conditioning assistance to
necessary political changes, and rewarding municipalities that support
the peace process and withdrawing funds from non-compliant
municipalities. My office has been advocating the development of
mechanisms to deploy reconstruction assistance rapidly and flexibly in
support of political openings, and will call on the major donor agencies
to build such flexibility into their programmes for 1998.
- The Coalition for Return gathers about 200 different associations of
refugees and displaced persons from all over Bosnia and Herzegovina, the
Federal Republic of Yugoslavia, Croatia and other host countries. The
Coalition continues to be supported by my office. It operates two
information centres, one each in Sarajevo and Banja Luka, the latter
being in the process of starting up. The Coalition issues a monthly
bulletin which is distributed throughout the country. Closely linked to
the Coalition, a so-called roof project has been ongoing over the last
few months, providing immediate and non-bureaucratic help for returnees
through the network of the Coalition.
- Finally, my office remains engaged in the chair of a working group
on return and reconstruction in the zone of separation.
Freedom of movement
- Freedom of movement continues to improve gradually. The key advances
in the period described involve the recent signing of memoranda to
reopen Tuzla, Mostar and Banja Luka airports to civilian traffic and the
26 September opening of the Gradiska border crossing between northern
Bosnia and Herzegovina and Croatia. Gradiska and other northern crossing
points to be opened soon will enable freedom of movement for persons,
goods and services between the Republika Srpska and Croatia.
- The fact that international borders will now be open on all sides of
Bosnia and Herzegovina will encourage efforts to press forward with
uniform visa and customs policies throughout the country. Unilateral
application of transit and visa fees by the Republika Srpska authorities
has been a recurring problem. This must change, if the Republika Srpska
authorities wish their citizens to share fully in the benefits of freer
international travel and trade.
- The IPTF implementation of its new checkpoint policy, with essential
support from SFOR, is improving in effectiveness. Approvals for
checkpoints have declined from some 350 daily in May to one or two dozen
daily in recent weeks. Energetic dismantling of illegal checkpoints has
shown local police that it is prudent to comply.
- The 26 September agreement of the Republika Srpska authorities with
IPTF to start immediately with police restructuring is another positive
development. Restructuring would involve reduction of the police force
from 20,000 to 8,500 personnel and intensive screening and training of
remaining officers to ensure their adherence to democratic policing
standards, as well as revision of rules of procedure. Effective
implementation of the Republika Srpska police restructuring will be a
key task for IPTF with the support of my office and SFOR.
- Meanwhile, efforts are continuing to ensure compliance with police
restructuring in the Federation, where progress in Herzegovina-Neretva
and Central Bosnia Cantons has not been without difficulties.
Missing persons, mass graves
- The issue of missing persons remains highly volatile due to its
political importance as well as its personal importance to the surviving
family members of the missing. The exact number of missing persons is
still uncertain; the International Committee of the Red Cross (ICRC) has
received tracing requests for more than 19,500 persons and to this date
the status of 1,271 missing individuals have been clarified.
- During the reporting period no major cross-inter-entity boundary
line exhumations have taken place. The main reason being, different
interpretations regarding the last agreement, and the political
situation in the Republika Srpska. Exchange of mortal remains as well as
exchange of bodies have, however, taken place between the parties.
- Under the auspices of the International Expert Group on Exhumations
and Missing Persons, chaired by the Office of the High Representative,
several projects to assist the parties have been performed. Through
international forensic pathologists and forensic anthropologists, the
Physicians for Human Rights have been monitoring and providing technical
assistance in three major exhumations, and have assisted in more than
150 post-mortem examinations. A new post-mortem protocol has been
developed in order to standardize the collection of data and it has been
developed and tested in two major exhumations. In the ante mortem
database project, 5,400 interviews have been made and the demographic
information from informants has been computerized. Under the
identification project deoxyribonucleic acid (DNA) tests have been
carried out on bodies exhumed in 1996 from a mass grave in Srebrenica.
- The International Commission on Missing Persons has continued to
support family associations of missing persons as well as the ante
mortem database and the identification project. Additional donations of
equipment for exhumations and autopsies have also been delivered to the
parties by the Commission. In order to address all issues relating to
missing persons more effectively a substantial political will is
required along with additional resources.
Humanitarian rights
- Concrete steps need to be taken by the authorities to demonstrate
their commitment to protecting human rights, a fundamental precondition
to facilitating returns and to achieving social stability and economic
development. These steps include changing laws that are not in
compliance with the Constitution of Bosnia and Herzegovina, which
incorporates the European Convention on Human Rights; improving security
conditions and freedom of movement; protecting the right to fair trial
and ensuring the rule of law; and providing opportunities for equal
access to employment, housing, education and other public services,
including documents.
- The Sintra Declaration called for both Entities to amend their
property laws to eliminate the substantial barriers to return. On 20
August the Federation Forum agreed that the three draft property laws
prepared by the Office of the High Representative would be adopted by 30
September. Federation authorities have made some steps to meet that
commitment - including its government's decision to present one of the
draft laws to the Parliament - but all three laws need to be considered
and adopted without further delay. At the same time, Republika Srpska
authorities have taken no action to amend the existing law on abandoned
property, which blocks return of refugees and displaced persons.
- An unsatisfactory human rights situation prevails in both Entities.
Violations of freedom of movement, harassment, violence, destruction of
property and discrimination on the basis of ethnicity and political
affiliation continue to be reported in many areas, most notably in the
Republika Srpska. In a number of these cases, police have failed to take
effective action to prevent or respond to incidents, and have not
cooperated effectively with international monitors. In these respects,
the situation remains fundamentally unchanged from my last report.
- Many serious human rights violations which have occurred during the
period described are related to the critical issue of return of refugees
and displaced people. In Jajce, an IPTF investigation found that some
400-550 Bosniaks were forced to leave their homes as a result of police
inaction in the face of intimidation, violence, arson and one murder. In
Travnik, several violent crimes committed against Croats have given rise
to concerns over the security environment in the community, although
most of these incidents appear to have motivations other than the
ethnicity of the victims. There were a number of reported cases of human
rights abuses committed on political grounds. Also of note during the
reporting period is the continuation of the troubling pattern of attacks
on religious sites. On 3 September, a Catholic church in Grbavica
suffered minor damage in an explosion; on 25 September, a mosque in
Tomislavgrad was seriously damaged by a bomb.
- The extensive list of human rights obligations which form part of
the Bosnia and Herzegovina Constitution must be brought into law through
the adoption of implementing legislation and by a review of existing
laws to determine their compatibility with international human rights
standards. The Federation's expert team continues to work on reform of
the criminal procedure code; similar efforts must be urgently undertaken
within the Republika Srpska, and international institutions, including
the Council of Europe, should be involved in the process.
- Greater efforts must also be made by the authorities to inform the
public both of their rights and of the legal framework which has been
created to protect those rights. My office will continue to advocate for
protection of the rights of those persons who fall victim to the
substantial gap which currently exists between the standards set forth
in the Bosnia and Herzegovina Constitution and existing law and to work
with the Federation and the Republika Srpska authorities to establish
mechanisms and procedures for inter-entity judicial cooperation.
Cooperation with the International Tribunal for the Former Yugoslavia and strengthening the rule of law
- Cooperation with the International Tribunal for the Former
Yugoslavia continues to be a key part of the process of peace
implementation. The failure of responsible authorities, particularly the
Republika Srpska, to hand over indicted persons presents a continuing
threat to the peace process. The surrender of 10 Bosnian Croats to The
Hague on 6 October was a much welcome step towards improved cooperation
by Bosnian Croats and the Republic of Croatia. As of 7 October, only 4
of 18 Croats subject to publicly disclosed indictments remain at large
and all 3 known Bosniaks indicted are held in The Hague. In contrast,
just 3 of 54 Serbs indicted by the Tribunal are in custody (2 indicted
Serbs are deceased).
- International monitors and the media have documented and publicized
the current whereabouts of a number of persons who have been indicted by
the Tribunal, some of whom are believed to be working in a public
capacity in the municipalities of Prijedor, Bosanski Samac and Foca.
- The responsible authorities must take immediate steps to execute
arrest warrants for persons indicted by the Tribunal and surrender all
indicted persons to the Tribunal. Domestic laws and Constitutional
provisions that are used as reasons for avoiding such steps are clearly
superseded by the Bosnia and Herzegovina Constitution and Annexes of the
Peace Agreement, and must be amended accordingly.
- No new arrests in violation of the rules of the road occurred during
the past three months. This fact alone illustrates that the rules of the
road constitute an important deterrent to pretextual arrest, and are
essential tools for building confidence in the domestic legal system.
Nevertheless, the threat of unjustified arrest for war crimes remains a
substantial obstacle to freedom of movement, in part because local
authorities in both entities continue to refer repeatedly to "lists of
war crimes suspects" which are wholly incompatible with the rules of the
road process. The Ministers of Justice of the two entities have agreed
to issue instructions to all relevant authorities informing them of
their obligations under the rules, including their obligation to
eliminate use of or reference to such lists. My office will continue to
press the authorities to comply with the rules of the road and will
intervene in cases in which the rules are violated and coordinate
monitoring of war crimes cases and trials.
Economic reform and reconstruction
- The Economic Department of my office coordinates with donor agencies
and international financial institutions the international support for
macroeconomics management, structural reform, economic reconstruction
and refugee return. In addition, the Department will provide leadership
on governance issues, a key part of the beginning anti-corruption
effort. The Department is in urgent need for the secondment of
economists with experience in public finance, public financial
management and privatization.
- During the reporting period six grant agreements were signed with
the authorities in Bosnia and Herzegovina. The World Bank approved
credits in the total amount of US$ 50 million for the financing of two
projects with a total cost of $195 million. The Third Donors' Conference
convened in July resulted in pledges exceeding $1.2 billion. With
further pledges coming in, I am confident that the estimated
reconstruction need of $1.4 billion will be met. The Conference
conditioned disbursement of reconstruction aid on compliance with the
Peace Agreement, and handed the task of implementing political
conditionality to the Economic Task Force under my chairmanship.
- The minimum legal framework for the Bosnia and Herzegovina economy
was adopted in June. In the Federation, key legislation on privatization
has been stalled over political disagreements regarding the assignment
of the external debt obligations of banks and enterprises. In
cooperation with the United States Treasury, I am working with the
Bosniak and Croat leadership to resolve the issue. The London Club of
commercial creditors reached an Agreement in Principle on debt
restructuring involving a reduction of about 80 per cent in the net
present value of commercial debt. A debt reduction deal with the Paris
Club awaits the conclusion of an International Monetary Fund (IMF)
Standby Agreement. Disagreement over the currency design and the ongoing
crisis in the Republika Srpska continue to delay the Standby Agreement.
However, the new Central Bank of Bosnia and Herzegovina has begun
operating.
- The reconstruction effort continues to be concentrated on
infrastructure, with a strong emphasis on employment generation. In the
third quarter, some 500 new contracts were signed. This raised the total
number of contracts to date to about 3,300 with an aggregate contract
value of approximately $1.4 billion. However, major funding gaps remain
in all major sectors. Political disagreements continue to impede the
resumption of main railway services. Their resolution must remain a
condition for further donor funding in the sector. In
telecommunications, a viable interim solution has been reached with the
signing by the Bosnia and Herzegovina Council of Ministers of the
European Bank for Reconstruction and Development (EBRD) of a memorandum
of agreed principles and the EBRD memorandum of understanding. This has
opened the way for grants and concessionary credits for the financing of
telecommunications infrastructure. The European Community project
established the first inter-entity telephone link. Yet, conditionality
will still be needed to secure further progress in the sector.
- Under the supervision of my Deputy, Brcko Supervisor, some 320
families have returned to the Brcko area, and return applications of an
additional 5,000 people have been approved. Compared to the pace of
refugee return, infrastructure reconstruction and economic
revitalization are lagging with the attendant consequences for the local
labour market. At the Donors' Conference, the Brcko Supervisor called
attention to the need for making revitalization of the economy an
integral part of the return process, and donors responded by pledging
funds. Project development and implementation, however, are not
proceeding rapidly enough. A deteriorating health situation,
furthermore, will require additional funding for a screening and
vaccination programme.
- The main impediments to a greater return of refugees have been the
failure of both entities to make the changes in the property legislation
as well as the political climate and economic destitution in the
Republika Srpska. There have also been substantial resource constraints
in the housing sector. The financing gap of $320 million-$420 million to
fill the costs of the anticipated return was not adequately addressed
either by loan or grant financing.
Civil aviation
- A major success of the period described was the joint signing by the
Co-chairman of the Bosnia and Herzegovina Council of Ministers of the
memorandum of understanding for the new Bosnia and Herzegovina
Department of Civil Aviation and the airport memorandums of
understanding for Banja Luka, Mostar and Tuzla. The Office of the High
Representative main effort is now focused on turning the concept of the
Department of Civil Aviation into a fully operational and responsible
central body and on opening the airports to civilian air traffic.
- The formation of an international secretariat which is the key to
providing arbitration within the Department of Civil Aviation during its
infancy will be the priority task of my office. The secretariat, chaired
by the Office of the High Representative initially, will comprise
aviation experts from the International Civil Aviation Organization
(ICAO), Eurocontrol and the Federal Aviation Authority joined by other
influential players from the European Community (Aviation Policy), the
North Atlantic Treaty Organization (NATO) and the Supreme Headquarters
Allied Powers, Europe (SHAPE). The first joint meeting of these agencies
took place on 8 October; it is expected that the main personnel will
commence detachments to Sarajevo. I remain convinced that the
regeneration of civil aviation is pivotal to the economic and social
recovery of Bosnia and Herzegovina and the topic will continue to be a
high priority on my agenda.
Mine clearance
- I have agreed to a request by the United Nations Mission in Bosnia
and Herzegovina (UNMIBH) that the Office of the High Representative
should become fully involved in the formulation of the new Bosnia and
Herzegovina national demining organization. The Office of the High
Representative's greater participation is required to ensure the
structure's adoption by the Council of Ministers and to ease the
anxieties of those donors who have been sceptical of the United Nations
contribution to Bosnia and Herzegovina demining so far. As a result the
representatives of UNMIBH and the Office of the High Representative will
chair an Interim Steering Committee which will be attended by the
European Union, World Bank, Mine Action Centre (MAC) and others. The aim
of the group is to bring together a powerful body of key donors who can
ensure that the final demining organization structure meets necessary
requirements, and focus pressure onto the indigenous Bosnia and
Herzegovina organization in order to build a Bosnia and Herzegovina
national demining structure that is both transparent and accountable.
After 1 January 1998 the Interim Steering Committee will form into a
Steering Committee, which will maintain the required oversight of the
national organization that will replace MAC.
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