III. COORDINATION OF CIVILIAN IMPLEMENTATION
Overall coordination
- I have continued extensive consultations with representatives of
Governments and organizations at different levels. On 9 February I met the
Secretary-General and other senior United Nations officials in New York and
on the same day reported to the members of the Security Council on progress
in the peace implementation. I also had meetings with the Secretary General
of NATO and the Chairman-in-Office of the Organization for Security and
Cooperation in Europe (OSCE).
- Regular discussions with the principals in Sarajevo have been
maintained. These consultations, with the participation of the Special
Representative of the Secretary-General, the IPTF Commissioner, the Special
Envoy of the United Nations High Commissioner for Refugees, the Commander of
the Stabilization Force (SFOR) and the OSCE Head of Mission, proved to be
very useful and I shall continue them.
- The Economic Task Force, which meets under my chairmanship, remains
the main body for coordinating economic reform policies and international
reconstruction assistance. Recently its role has been strengthened by the
establishment of an Economic Task Force secretariat. This secretariat has
initiated monthly meetings with sector task force leaders and bilateral
donors in order to improve the level of coordination. Also, it publishes a
monthly newsletter to keep the international community informed on economic
reform and reconstruction issues.
- Following the appointment of my Deputy with responsibility for
Return and Reconstruction Task Force matters, the Return and Reconstruction
Task Force has been restructured and relaunched. The representatives of the
International Organization for Migration, SFOR and the United Nations
Mission in Bosnia and Herzegovina (UNMIBH) are all now full members of the
Task Force, and following the approval of the Steering Board on 26 March a
secretariat is being established. A high-level Return and Reconstruction
Task Force meeting was held in Sarajevo on 19 March. This meeting agreed
the overall return strategy for 1998, and endorsed a paper which will be
presented to the next donor conference. Regional Task Force structures have
already been strengthened and a satellite office opened in Drvar. In close
cooperation with the Office of the United Nations High Commissioner for
Refugees substantial support has been given through political interventions
to assist the local authorities with the preparation of cantonal return
plans as required by the Bonn Conference.
- 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 process of establishing the common institutions of Bosnia and
Herzegovina proceeds steadily. The Presidency, the Council of Ministers and
the Parliamentary Assembly have continued to meet regularly in the reporting
period. However, the efficiency of their work, although it has improved, is
still hindered by a lack of political will to take decisions. My Office
intends to work intensively on reaching agreement on administrative
structures and their permanent locations.
- In the reporting period, the Presidency held few working sessions,
but met frequently with high-ranking international delegations. The results
of the working meetings have been limited; the only decision of note is the
long-awaited appointment of the 33 new Ambassadors of Bosnia and
Herzegovina. This follows the agreement of August 1997 on the distribution
of ambassadorial posts.
- The three-member Presidency failed to agree on several crucial
issues, most prominent of which was the common currency, which, as a
consequence, I was forced to impose in accordance with the Conclusions of
the Bonn Conference.
- The Council of Ministers on various occasions again referred issues
to the Presidency upon which it was unable to agree. This was often a
function of the lack of clear procedures governing the Council itself, and
of the differing interpretations of the respective areas of competence of
these two bodies. This practice weakened the political position of the
Council, which should serve as the major policy and decision-making organ at
the state level. The Council nonetheless continued to stand out as the most
active of the common institutions, meeting on average at least once weekly.
- During the period under review, the Council continued its efforts to
implement the Law on Travel Documents and on the Council of Ministers. On
26 March, the Council took a significant step forward by accepting in its
entirety a package my Office had proposed, which offers clear solutions on
the three key issues of permanent locations of the Council and its
ministries, the staffing of the Council's services and the internal
structures of the three Ministries. The Council must also ensure proper
implementation of the Law on Citizenship which I imposed on an interim basis
last December. Progress on other issues has been slow.
- My Office will continue to work intensively with Council members and
staff to maintain the positive momentum. This is particularly necessary
when one notes the failure of the Council to meet important Bonn deadlines
which must be fully respected to avoid negative consequences for the
implementation process.
- In the reporting period, both houses of the Parliamentary Assembly
continued to meet regularly. However, it failed to adopt several important
laws. As a consequence I decided to enforce the Law on Foreign Investment
and the Law on the Flag of Bosnia and Herzegovina.
- The latter of the aforementioned laws has brought into force a new
state flag for Bosnia and Herzegovina. The new flag was raised at the
United Nations in New York on 6 February and at the opening ceremony of the
Winter Olympics in Nagano, Japan. The flag was designed by an independent
commission which I established following the failure of the ruling parties
to reach consensus. The flag has been well received by the public and can
be seen in increasing numbers around the country.
- The Parliamentary Assembly did manage to fulfil several obligations
stemming from the Bonn Conclusions by adopting the Law on Customs Tariffs
and ratifying several agreements most prominent of which was the Convention
on the Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-personnel Mines and on Their Destruction.
- The judges of the Constitutional Court pursue their work with
efficiency and professionalism. The judges participated in the Round Table
on Constitutional Justice, at which experts and judges of the constitutional
courts of both entities and from abroad also took part. However, so far the
Bosnia and Herzegovina authorities have not made any resources available to
the Constitutional Court of Bosnia and Herzegovina.
- The Standing Committee for Military Matters held its fifth session
on 11 February in Sarajevo at which NATO's Bosnia Task Force made a
presentation on the proposed Security Cooperation Programme. The Committee
endorsed two joint statements - on the way ahead for military representation
overseas, and on the Mines and Ordnance Amnesty.
- My Military Adviser has now handed over the chair of the secretariat
of the Standing Committee for Military Matters which consists of the three
Presidential Military Advisers, to a new coordinator appointed in February
to develop the Standing Committee for Military Matters and its secretariat
further. The ultimate aim is to make the secretariat, and thereby the
Committee, self-sustaining. In March the members of the secretariat paid a
successful visit to London where they had meetings in the Ministry of
Defence, Foreign Office and Houses of Parliament; the important themes of
democratic control over armed forces and Western approaches to arms control
were discussed during the meetings. Plans are now being drawn up to
strengthen the secretariat with more resources. Work is also being carried
out to identify future work areas. Unfortunately the sixth session of the
Standing Committee for Military Matters, scheduled for 31 March at Lukavica
in the Republika Srpska, was not held owing to a protocol dispute over the
positioning of the new flag of Bosnia and Herzegovina.
Essential legislation
- My Office, together with representatives of the relevant state and
entity ministries and international organizations, is working on legislation
in the field of telecommunications, civil aviation and immigration. The
appropriate draft laws will be forwarded to the Council of Ministers
shortly. My Office and the Council of Europe are also assisting the
entities in elaborating harmonized citizenship legislations. Since the
beginning of March my Office is coordinating the drafting of a number of
commercial laws by USAID and the European Commission.
- Although the forthcoming general elections will still be held under
the Rules and Regulations of the Provisional Election Commission, a draft
Election Law for Bosnia and Herzegovina has been elaborated by my Office
together with OSCE and the Council of Europe and will be presented to the
Bosnia and Herzegovina authorities shortly.
- My Office continues to be actively involved in media issues. An
interim regulatory and disciplinary body, the Intermediate Standards and
Licensing Commission is being established by my Office to regulate all media
in Bosnia and Herzegovina, including broadcast, print and emerging
electronic outlets. Additionally, it will require all broadcasters across
the whole of Bosnia and Herzegovina to be licensed to a set of minimum
structural and editorial standards of broadcasting. This will include a
judicial body with powers of sanction to ensure compliance. The Commission
will be staffed by local and international experts and officials and will
include representatives of both entities and state.
- The Bosnia and Herzegovina education authorities should cooperate
with the entities in the field of higher education, particularly encouraging
enrolment of students from throughout Bosnia and Herzegovina and cooperating
with the entity authorities on the issue of financing. In this field, they
should ensure academic freedom and self-government of institutions, promote
the adequate graduation of trained professionals, and encourage the role of
universities as a locus of peaceful inter-group dialogue.
Special parallel relationships and succession issues
- The Special Parallel Relationship Agreements, respectively, between
the Federal Republic of Yugoslavia and the Republika Srpska, and between the
Republic of Croatia and the Federation of Bosnia and Herzegovina have still
not been aligned with the Peace Agreement and the Bosnia and Herzegovina
Constitution. My Office has urged the parties to immediately resume the
activities of respective working groups, which my Office established in
1997.
- Discussions on succession issues were held with all five States at
plenary meetings in Brussels from 4 to 6 February and from 25 to 27 March
under the chairmanship of the Special Negotiator for Succession Issues.
They focused on a possible agreement on certain specific succession issues
such as archives, citizenship, pensions, treaties and acquired rights as
well as on possible distribution of diplomatic and consular properties and
some financial assets of the former Socialist Federal Republic of Yugoslavia
abroad. A compromise package was submitted to the five States by the
Special Negotiator on which their response is expected by the end of April.
The Conclusions of the Bonn Conference, namely access to records and data
relevant to the settlement of succession issues, were also discussed.
- Other outstanding succession issues in the broader draft Framework
Agreement submitted last November by the Special Negotiator will also need
to be addressed in the future, as will the future course of the negotiations
on these issues.
Joint commissions
- Activities of the Provisional Election Commission (Annex 3), chaired
by OSCE, are referred to in the elections sections of this report.
- My Office is encouraged by progress made in recent months towards
the goal of securing adequate and stable funding for the Human Rights
Chamber, the Human Rights Ombudsperson and the Commission for Real Property
Claims. In response to my proposal to the Steering Board of the Peace
Implementation Conference, the two largest donors (the European Union and
the United States of America) have pledged the full amount suggested under
the funding key, and a number of other Governments have made substantial
contributions to the 1998 budgets of the institutions. However, the
commitment by the Bosnia and Herzegovina Government to contribute DM 200,000
to each institution from its 1997 budget has not yet been met. This failure
is all the more troubling given that the contribution of the Bosnia and
Herzegovina Government is expected to increase incrementally with a view to
assuming full responsibility by the end of the five-year transition period,
as underscored by the Bonn Conclusions.
- While the caseload of the three institutions is continuing to
expand, there is still a serious lack of cooperation on the part of the
authorities in ensuring that the decisions and recommendations of these
institutions are effectively implemented. Mechanisms to ensure respect for
the final and binding decisions of the Human Rights Chamber and the
Commission for Real Property Claims as well as implementation of
recommendations by the Ombudsperson and the Federation Ombudsmen should be
strengthened. My Office is actively involved in monitoring authorities'
responses and coordinating intervention in cases in which the authorities
have failed to meet their obligations. The drafting of implementing
legislation for the Commission for Real Property Claims is under way and
legislation on behalf of the Commission on Human Rights may also be
necessary. Coordination among the institutions has improved and measurable
progress has been made in terms of the institutions' impact in contributing
to the respect for human rights and the rule of law in Bosnia and
Herzegovina.
- At its seventh session held in Banja Luka on 11 March the Commission
to Preserve National Monuments in Bosnia and Herzegovina (Annex 8) has
continued its important work relating to the question of the restoration of
cultural heritage in Bosnia and Herzegovina. In particular, the Commission
extended its selection of monuments and sites to 70 properties in both
entities.
- Significant progress has been achieved by the Commission on Public
Corporations in the implementation of Annex 9 of the Peace Agreement,
especially in the organization and the operation of railways: inter-entity
rail traffic has resumed, albeit not regularly, and the Federation of Bosnia
and Herzegovina and the Republika Srpska have recently signed an agreement
establishing a joint railway Public Corporation as part of the
Transportation Corporation. There also appears to be political will to
create other joint public corporations: work is continuing in the field of
power (particularly transmission) and discussions are taking place in other
sectors. My Office remains involved in this matter and actively supports
the work of the Commission.
Elections
- Since my last report, preparations for the 1998 general elections
have begun under the supervision of the Provisional Election Commission. On
11 March, the Commission agreed that elections will be held on 12 and
13 September for all levels of government with the exception of the
municipal level. However, elections will also be held for the 10 new
municipalities in the Federation of Bosnia and Herzegovina that have been
constituted in accordance with the recently adopted Law on Split and New
Municipalities.
- The membership of the Provisional Election Commission has been
expanded to include three additional, non-party- or government-affiliated
members and their deputies. This should bring more transparency to the
electoral process and diversify the discussions of the Commission.
- The Provisional Election Commission has amended its rules pertaining
to membership in the local election commissions and is currently working on
amendments to the rules regulating political party and coalition
registration. The intent of these rules is to limit the number of frivolous
parties participating in the electoral process, to require parties to
produce political platforms that specify issues and adhere to the principles
of the Peace Agreement, and to provide more flexible coalition arrangements
that will allow opposition parties to establish themselves in the political
landscape. While the regulatory work of the Commission is moving forward,
much still needs to be completed in time for voter registration.
- In parallel with the preparation for general elections, the
reporting period has seen an intensive joint effort on the part of my Office
and OSCE to mediate in a large number of municipalities which had failed to
meet the criteria for final certification. It was agreed at the Bonn
Conference that municipalities where the requirements have not been
fulfilled will be submitted to OSCE and my Office for final and binding
arbitration. Despite our mediation efforts, nine municipalities had to be
arbitrated.
- The following municipalities went to arbitration: Bosanski Brod,
Foca, Gornji Vakuf, Kresevo, Novi Travnik, Prozor, Srebrenica, Stolac and
Zepce. As of the end of March the municipalities of Foca, Kresevo, Prozor
and Srebrencia have not implemented the arbitration awards. The arbitration
awards are final and binding and not open to appeal.
- There is a continuing need to monitor the implementation of the
municipal election results. In the light of this, a decision was adopted in
the Provisional Election Commission whereby the OSCE Head of Mission, in his
capacity as Chairman of the Provisional Election Commission, will retain,
for a period of six months after final certification, the discretion to
revoke final certification from a municipality if it violates the rules and
regulations or acceptable conditions.
Federation issues
- My Office continued to focus attention on Federation issues.
- Following the arbitration of my Office on the establishment of the
new municipality of Usora, the Law on Split and New Municipalities was
adopted by the Parliamentary Assembly in January. The adoption of this law
had been blocked for nearly a year and was a cause of serious disputes
between the Party of Democratic Action (SDA) and the Croatian Democratic
Union (HDZ) which hindered progress on other important issues.
- The Parliamentary Assembly has, in addition, finally adopted the
housing and property legislation package, bringing it into line with Annex 7
(the Law regulating Application of the Law on Temporarily Abandoned Real
Property Owned by Citizens, the Law on Cessation of the Application of the
Law on Abandoned Apartments and the Law on Taking Over the Law on Housing
Relations). Implementation of these laws will now have to be carefully
monitored and, if necessary, guided.
- Through the intensive mediation of OSCE and my Office the 1997
municipal election results have by March been successfully implemented.
Several Federation municipalities will have to be monitored to ensure
observation of inter-party agreements. It is hoped that the establishment
of fully functioning municipal authorities, representing both domestic and
displaced residents, will play an important role in the return process in
the Federation.
- The political and security situation in the Federation continued to
improve overall, despite security incidents and the lack of substantial
progress in the field of returns. The successful establishment of a joint
police force in most of the cantons and recent progress in reforming the
judicial systems in the two cantons with a special regime has contributed to
this atmosphere.
- There is still evidence that structures of the "Republic of Bosnia
and Herzegovina" and the "Croat Republic of Herceg-Bosna" continue to
operate despite the fact that they should have been disbanded following the
establishment of Federation structures and common institutions of Bosnia and
Herzegovina. My Office will continue its efforts to disband these parallel
structures.
Republika Srpska
- During the period under review, significant political developments
have taken place in the Republika Srpska. The new Government headed by
Prime Minister Dodik came to power on 18 January at the second session of
the National Assembly of the Republika Srpska, elected by a majority of
deputies including those having mostly been elected by displaced persons in
the Federation. The new Government was elected only after the former
Pale-based leadership, through the deputies of the Serbian Democratic Party
(SDS) and the Serbian Radical Party (SRS), had exhausted all means and
possibilities of obstructing the vote. The election of a new Government
represents a major democratization step in the Republika Srpska and likely a
turning point for the overall implementation of the Peace Agreement.
- Owing not least to efforts by my Office, in close cooperation with
SFOR and IPTF, the election of the new Government did not lead to a much
feared split of the Republika Srpska into western and eastern parts nor to
any active resistance to it on the ground. With appropriate persuasion
applied by my Office, both SDS (which lost power for the first time since
its establishment almost eight years ago) and SRS decided not to opt for
confrontation, but to assume the role of opposition parties.
- Although the new Government, which continues to be purely Serb, has
only been in office for little more than two months, it has already
demonstrated its resolve to undertake serious implementation efforts and
improve inter-entity cooperation. It has also started to address the
serious social and economic situation in the entity. Thanks to short-term
budgetary support received from international donors, whose release is
administered and monitored by my Office, the Government has managed to calm
social tensions by paying long-standing salaries to several categories of
public employees.
- By the end of March, the Government established full control over
military, police, judiciary and customs authorities as well as the public
prosecutor's office. The most recent arrests of former customs officials
and businessmen charged with customs fraud and tax evasion represent a clear
intention to fight corruption and organized smuggling.
- My Office provided some support to the new National Assembly of the
Republika Srpska in order to foster democratic practice and pluralism in the
Republika Srpska. In the reporting period, the Assembly held four sessions.
Despite its fairly fragile majority, the government coalition managed to
adopt several important decisions including the annulment of all laws
adopted by the previous National Assembly since its official dissolution by
Republika Srpska President Plavsic in July 1997. The budget was also
adopted as well as a decision on the change of the seat of government and
its institutions from Pale to Banja Luka.
Media
- My media strategy, which is based on three pillars, namely, (1)
editorial intervention and media restructuring and regulation, (2)
encouragement of independent media and the provision of alternative sources
of information, and (3) an extensive public service information campaign, is
now fully under way. Our primary aim is to break the monolithic control of
media by government and political parties and to reorganize the media
landscape in line with internationally recognized standards. Political
control of information has starved the population of Bosnia and Herzegovina
of the knowledge necessary to make informed judgements on the peace process.
Redressing the balance of access to objective information is my most urgent
priority in the run up to the September elections, and I believe our most
effective means of accomplishing this is support for this media strategy.
It has to be stressed that adequate funding of the strategy is urgently
needed.
- As regards the first pillar of my strategy, the situation with
Srpska Radio Television (SRT) has improved dramatically during the reporting
period. The restructuring of SRT is proceeding successfully and in
accordance with the Restructuring Agreement signed by the Republika Srpska.
The International Administrator is in place and receiving good cooperation.
One of the first indications of this cooperation was the return of equipment
removed from Veliki Zep. Talks are currently under way to ensure the
security of the transmission sites which will allow for a withdrawal of the
SFOR troops from those locations. In addition, the re-establishment of the
entire SRT system has taken place with direct links to regional studios,
including Pale, again operational. The new SRT Board of Governors recently
appointed by the National Assembly in accordance with the model recommended
by my Office has adopted the SRT statute.
- Following the success with the restructuring of SRT in the Republika
Srpska, the concentration of this effort will now be extended to the
Federation. The plan for restructuring Radio Television Bosnia and
Herzegovina (RTV BH) has already begun. Initial meetings have taken place
with representatives of both the main communities of the Federation with the
aim of establishing a new Federation television network based on a
reorganized RTV BH which also enfranchises the Croat opinion. It is also
intended to engineer a third channel which will form a cooperative venture
between the new Federation television and SRT that will create a genuine
Bosnia and Herzegovina-wide television public service broadcaster.
- The Intermediate Media Standards and Licensing Commission will deal
with the broader issue of regulation of the media in Bosnia and Herzegovina.
It will aim to ensure that all broadcasters and media outlets will conform
to a set of minimum standards based on western democratic principles. The
establishment of this Commission is moving forward on schedule. A
high-calibre team of expert media consultants have been appointed to put
together the necessary structure. The Licensing Sub-Commission will be the
first element to be established. The absorption of the OSCE Media Experts
Commission will take place in a phased fashion in consultation with OSCE.
The Intermediate Media Standards and Licensing Commission will remain in
operation until a permanent statutory commission or commissions are
established under new entity and state laws on media and telecommunications.
In the interim, the Standards and Licensing Commission will also be
responsible for managing the transition to these statutory structures and in
the development of the necessary laws.
- Concerning the second pillar of my strategy, the largest and most
ambitious independent media project is the Open Broadcast Network. A number
of independent surveys and research work, notably the Prism Research survey
commissioned by USAID, have found Open Broadcast Network to be making a
serious impact on the television scene in Bosnia and Herzegovina. Moreover,
its political relevance has been highlighted through statements by both
Croatian leaders and opposition politicians who acknowledge that the Network
is one of few outlets available for political debate outside the
stranglehold of the leading nationalist political parties. The biggest
problem facing the Network now is that of the unpredictability of funding
flow. However indications are that there is an increasing understanding in
the international community of the urgent need to keep this project afloat
and I expect a healthy response to outstanding funding requirements at the
next media pledging meeting.
- The Public Service Information Campaign makes up the third pillar of
my strategy. The intention is to provide clear information, unfettered by
political dogma, to the whole population of Bosnia and Herzegovina. The
production elements are currently under way, with a team in theatre and
working closely with the international organizations. Preparation of the
first pilot programme and advertising strand is ongoing and completion of
this phase is expected soon.
Return of refugees and displaced persons
- One of the major achievements during the reporting period was the
Sarajevo Return Conference held in February under the joint chairmanship of
my Office, the United States Government and the European Commission. The
Conference agreed on concrete steps to be taken by the authorities and the
international community to make Sarajevo a model canton for minority return
and multinational coexistence. While good progress has been made in
education, employment and demining, the Bosnia and Herzegovina authorities
have failed to deliver in the critical sectors of housing and public
security. My Office is considering corrective measures in this regard.
- Returns to Brcko have made further progress, with reconstruction
practically completed in the original six villages designated for the first
phase of returns. This phase has targeted previously destroyed areas on the
former front lines. The recently established multi-ethnic administration of
Brcko has been engaged in the efforts to address the more sophisticated
challenge of return close to areas inhabited by displaced persons and to the
town itself.
- A partial return for 8 of 14 municipalities was adopted by the
Herzegovina-Neretva Canton government on 20 March. Intensive negotiations
to include the remaining six Mostar city - municipalities in the plan have
been to no avail, because of the refusal of the three Croat majority
municipalities to cooperate on the basis of the established principles.
- I am encouraged that Stolac is making some progress on minority
return since the Mayor was removed at my request in early March. I am
working closely with SFOR and the HDZ leadership to ensure that the sporadic
house-burnings that continue to mar the area will be stopped definitively
and with immediate effect.
Freedom of movement
- On 2 February the Uniform Licence Plates system was introduced
following a closely coordinated effort by my Office and IPTF. An initial
quota of 2,000 plates was issued to both the Federation and the Republika
Srpska. In addition my Office and IPTF have worked on a Common Vehicle
Registration Document which will be issued with the new licence plates. The
second quota of some 200,000 licence plates is being printed and distributed
all over the country.
- The demand and the interest from car owners are enormous,
representing a strong desire for full freedom of movement. In spite of the
new uniform licence plate not yet being available in sufficient numbers,
there has been a noticeable increase of vehicles even with old plates
crossing the inter-entity boundary line.
- Progress on freedom of movement for the Republika Srpska citizens of
Bosnia and Herzegovina and displaced Serbs from Croatia in the Republika
Srpska across the Bosnia and Herzegovina borders into Croatia has not been
satisfactory. This issue has repeatedly been addressed with the Croatian
Government which continued to uphold visa and other impediments.
- On 25 February and 12 March 1998, the third and fourth meetings of
the Border Commission were held in Banja Luka and Slavonski Brod. Attention
was concentrated on customs and infrastructure. Commendable work on customs
issues continues to be done by the European Commission's Customs and Fiscal
Assistance Office, with current efforts directed at the opening of border
crossings between the Republika Srpska and Croatia for high-duty goods.
Provisions of veterinary and phyto-sanitary facilities and restrictions at
crossings have also been addressed. Agreement on the opening of the
Gradiska crossing for high-duty goods and provision of veterinary
examination facilities was reached. Such operations began on 23 March.
- Infrastructure issues continue to require attention. In the
reporting period, my Office has focused its efforts on opening up navigation
on the Sava River, resumption of railway traffic between Bosnia and
Herzegovina and Croatia and the reconstruction of bridges over the Una and
Sava rivers. Protocols and agreements are now being prepared which will
improve prospects for freedom of movement of persons and goods.
- Police restructuring is still not finished in two of the Federation
cantons. On 6 February, my Office, jointly with IPTF, set out the
concretized implementation procedures to the Federation authorities to
finish the process. Also, after its completion in the two remaining
cantons, IPTF will have to work closely with the Federation authorities to
further professionalize the police and to further diversify its national
composition.
- Police restructuring in the Republika Srpska is proceeding well, but
not at a sufficient pace.
Missing persons, mass graves
- The issue of missing persons remains very sensitive and is
frequently manipulated by different actors for political purposes. The
Working Group on Missing Persons, chaired by the International Committee of
the Red Cross, continues to make it possible for representatives of the
family associations to have direct contact with the relevant local
authorities.
- An important step forward has been made by the Joint Exhumation
Commission, chaired by the Office of Human Resources. The Commission,
comprising representatives of the three parties, is the principal forum for
inter-party exhumations. During March exhumations it has become possible
for the first time to work without total reciprocity. The Republika Srpska
team started exhumations in Jajce on 2 March, the Croat team began
exhumations in the area of Kakanj two days later and the Bosniac team in
West Mostar, in the middle of March. The work continues in the same
cooperative manner and so far approximately 250 bodies have been exhumed in
20 to 30 micro locations in four main areas since the beginning of March.
- The exhumations are performed with the help of the international
community. Physicians for Human Rights assists with technical and
scientific expertise, sponsored by the International Commission on Missing
Persons which also provides funds for demining and forensic materials. The
United Nations assists with mine assessment visits to the sites and IPTF
monitors the local police who are responsible for security at the sites.
SFOR provides area security and the possibility for emergency evacuation.
Human rights
- During the reporting period, there have been numerous incidents of
violations of freedom of movement during assessment visits of potential
returnees, as well as continued allegations of harassment and intimidation
against members of minority groups in all regions. Of particular concern is
the situation in Teslic municipality where there have been nine serious
allegations of police abuse since the current Chief of Police assumed his
position in late October 1997, including five cases since my last report.
IPTF has conducted an investigation into these cases as well as allegations
of the failure of Teslic local police to respond effectively to other human
rights violations, and it is essential that the recommendations included in
the IPTF report be fully implemented. Destruction of property and violence
directed against returnees and minority residents, in places such as Drvar,
Stolac and Travnik, continues to impede return of refugees and displaced
persons.
- Significant advances have been made with respect to property and
housing laws. Through the adoption of these laws, the Federation National
Assembly has put in place the essential legal framework for return of
refugees and displaced persons to their pre-war homes.
- The focus in the Federation has now turned to the difficult task of
ensuring that these laws are implemented thoroughly and promptly, in a
manner fully consistent with their letter and spirit. At the same time, the
new Government of Republika Srpska has established a working group to
develop property and housing law amendments. Initial drafts have been
prepared, and my Office is working with Republika Srpska authorities to
ensure that the proposed laws comply with Annex 7 and are consistent with
laws adopted within the Federation.
Strengthening the rule of law and cooperation with the International
Tribunal for the Former Yugoslavia
- Judicial system reform remains a priority for 1998. Following the
Bonn Conclusions, a number of steps have been taken to ensure accelerated
progress in this field, including enhanced coordination of activities by my
Office. Effective monitoring of the judicial system is a precondition for
this work, and UNMIBH's proposal for additional resources to undertake this
critical task is strongly supported.
- Recent developments have again confirmed that the independence and
effectiveness of the judiciary remains compromised by flaws in the judicial
appointment process. A comprehensive process is needed to ensure that
judicial appointments are based on merit rather than political criteria, and
to ensure that all ethnic groups are fairly represented in the judicial
system. At the same time, training programmes for legal professionals,
including the initiative to establish a judicial training institute for
Bosnia and Herzegovina, should be supported. Efforts to establish an
inter-entity commission for judicial cooperation have moved forward, with
the decision by the Presidency of Bosnia and Herzegovina to establish the
Commission. However, the necessary appointments to the Commission have not
yet been made, and the Commission is not yet functioning.
- In January, SFOR troops detained a Bosnian Serb in Bijeljina
indicated by the International Tribunal for the Former Yugoslavia for war
crimes. At the same time, cooperation with Republika Srpska authorities has
increased significantly with the voluntary surrender of three Bosnian Serbs
to SFOR troops in February and one Bosnian Serb in March. Nevertheless, two
persons subject to publicly disclosed indictments (both Croats) remain at
large in the Federation, while 47 Serbs publicly indicted by the Tribunal
are not in custody.
- Federation authorities arrested three Bosnian Serb men during the
past month on war crimes charges; one of them was subsequently released when
the investigating judge accepted his claim of mistaken identity. In one
case, IPTF has issued a report strongly criticizing the manner in which the
arrest and interrogation were conducted, and making broad recommendations
for reform of police procedures. While these arrests raised concerns under
the Rome Agreement (rules of the road), Federation authorities responded
promptly to rectify the problems identified. It is essential, however, that
both the Federation and the Republika Srpska follow the rules of the road to
the letter, including the requirement that a file must be submitted and a
response received from the Tribunal Prosecutor prior to any arrest. My
Office will continue to work to ensure full understanding and implementation
of the rules of the road in the coming months.
- My Office also remains actively involved in efforts currently under
way to reform the legal framework applicable to non-governmental
organizations to establish a proper legal and security environment which
supports the development of civil society organizations. Non-governmental
organizations are vital to pluralism and democracy and they are important
vehicles for communication and cooperation among the communities in the
various regions of Bosnia and Herzegovina. The current legal framework
hinders the development of such organizations, in particular of those
non-governmental organizations which undertake country-wide activities. My
Office supports locally based efforts to develop a sound legislative
framework which will regulate and stimulate activities of non-governmental
organizations such as trade unions, citizens groups, cultural and sports
associations in both entities. The authorities of both the Republika Srpska
and the Federation have acknowledged the need for such a comprehensive,
legislatory framework and have expressed willingness to be supportive of
this process.
Economic reform and reconstruction
- The Bonn Conference demanded that the competent authorities of
Bosnia and Herzegovina reach agreement on several relevant issues in the
field of economic management. Considerable progress was made regarding the
common currency, the Law on Customs Tariffs, the Law on Foreign Investment,
and the 1998 budgets of the State and the entities.
- As the Presidency of Bosnia and Herzegovina could not come to a
final agreement on the designs for the common currency, I was compelled to
use my mandate for arbitration. The designs for the notes were presented to
the public and will be issued as of the beginning of May. The common
currency will facilitate trade between the entities, and will contribute to
a mutual strengthening of their economies.
- At my request, the European Union and the Governments of Canada, the
Netherlands, Sweden, the United Kingdom of Great Britain and Northern
Ireland and the United States of America decided to provide extraordinary
budgetary support to the new Government of the Republika Srpska. The funds
are used to clear the arrears of salaries in all public sectors except for
the Ministries of the Interior and Defence. Contributions received to date
amount to about DM 18 million.
- In the period under review, some important progress has been made on
new projects from major donors. The World Bank has started implementation
of two projects to which it pledged $27 million. Total costs will amount to
$109 million of which $65 million is for reconstruction in the Republika
Srpska and $44 million for a gas project in the Federation of Bosnia and
Herzegovina. Furthermore, Parliament has ratified an energy project of the
European Bank for Reconstruction and Development worth $15 million and a
telecommunications project of $20 million is recently approved. The
European Commission will sign contracts on 2 April worth $69 million. These
contracts are part of an integrated reconstruction and return programme with
total project costs of $141 million. This project will provide new housing
for about 20,000 people. Additionally, the European Commission has signed a
memorandum of understanding that it will continue the existing demining
project of $11 million in 1998, pledging an additional $2.7 million.
- The 1998 budget of the Republika Srpska was adopted by the National
Assembly in March. The budget of the Federation of Bosnia and Herzegovina
is about to be adopted by its Parliament. The two budgets have made
provisions for the State budget and the servicing of external debt. For
both items there are automatic transfers, as demanded by the Bonn
Conference, but a final agreement on this issue with the International
Monetary Fund is not yet reached.
- At my instigation the Government of the Republika Srpska has halted
the existing privatization programme. The process of privatization was
lacking transparency and therefore unacceptable. With the help of several
international donor agencies, a new programme is being designed which would
facilitate the transition towards a market economy based on private
investment.
- The programme of privatization in the Federation of Bosnia and
Herzegovina is still in the preparation phase. However, most of the
essential laws have been passed by Parliament. Some doubts have arisen as
to the fate of assets which were either socially owned or owned by the State
of Bosnia and Herzegovina in its previous internal structure of the Republic
of Bosnia and Herzegovina. The purpose of the privatization law is to
create a secure legal environment for the privatization process by the two
entities.
- The first post-war delivery of mail from Sarajevo to Banja Luka took
place in early February. Further negotiations by my Office led to an
agreement on 25 March on the text of a memorandum of understanding
concerning the resumption of inter-entity mail transports. The parties
stated a strong desire to move forward and to look into options for
restructuring the sector.
- During the reporting period, inter-entity phone links were
significantly improved. As a result of the European Commission
reconstruction project which created a backbone in the Republika Srpska,
three links each of 30 lines were made operational at the end of March. My
Office has negotiated for an additional 30 lines between Sarajevo and Banja
Luka to become available as from the beginning of April. Also, the
Telecommunications Commission has met twice to discuss issues of
inter-entity and international telecommunications. Significant progress has
also been made in developing a State-level law on telecommunications.
- In order to complete the new customs legal regime, a new customs
code is essential. A working group, with the help of experts from the
European Commission Customs and Fiscal Assistance Office, is close to an
agreement on a final text for the code. The new code will replace the
existing interim Customs Policy Law, and will introduce modern customs
procedures based on the existing European Customs Code and other
international legislation.
- As part of efforts in the fight against corruption and diversion of
funds in Bosnia and Herzegovina, my Office chaired a conference on this
topic in Mons, Belgium. The conference was attended by SFOR, NATO, IPTF,
the European Commission, the World Bank, the United States Treasury, and
USAID and focused on the areas to be strengthened. My Office intends to
activate its anti-fraud unit, mainly tasked to support the judicial
authorities in dealing with corruption cases.
- In May the fourth donor conference for Bosnia and Herzegovina could
be held, if preconditions including a letter of intent on a stand-by
agreement from the International Monetary Fund are fulfilled. The
Conference will be organized by the European Commission and the World Bank.
The target set for international aid at the end of the war was $5.1 billion.
At the previous three Conferences, donors pledged a total of $3.4 billion.
I am confident that the upcoming conference will show a continued
willingness of the international community to support the peace process.
- Recently, my economic department has renewed the initiative of
bringing representatives of the two entities together regarding trade within
the whole of Bosnia and Herzegovina. So far, incompatible tax systems and a
lack of coordination have damaged trade and resulted in evasion of taxes.
Policy coordination should result in restored trade relations which will
benefit both the Federation and the Republika Srpska.
Civil aviation
- There is some encouraging progress in civil aviation. More air
companies from European countries are preparing to fly into airports in
Bosnia and Herzegovina. Arrangements between the authorities of Bosnia and
Herzegovina and the Federal Republic of Yugoslavia and commercial companies
have led to Yugoslav Airlines flying to Banja Luka, as well as Yugoslav and
Bosnia and Herzegovina air companies preparing joint ventures between
Belgrade, Sarajevo and Banja Luka and between Podgorica and Sarajevo. On 2
March, the Department of Civil Aviation of Bosnia and Herzegovina signed a
bilateral agreement with Eurocontrol regarding overflight charges. As soon
as respective rules are published in the Official Gazette of Bosnia and
Herzegovina, Eurocontrol will begin the collection and distribution of fees.
The average income for Bosnia and Herzegovina is assessed to be about US$
100,000 a month.
- Despite extensive discussions and insistence by my Office, the
Bosniac and Bosnian Croat authorities could not find agreement on the
modalities for opening Mostar Airport. I have therefore imposed an interim
solution in order to allow for the opening of the airport in April for a
period of six months. I shall continue to press the parties to come to a
permanent agreement within this time. It is inconceivable that the
international community should provide money to help reconstruct Mostar
while commercial opportunities are being thrown away.
Mine clearance
- In response to the requirements of the Bonn Conference on landmines
the Federation and the Republika Srpska confirmed their full compliance in
relation to the anti-personnel mines. The Board of Donors has decided that
in order to ensure international donor confidence on demining in Bosnia and
Herzegovina, the authorities need to commit themselves on all landmines.
Further clarification is being pursued.
- The Board of Donors has approved the Decree on the Establishment of
the Federation Mine Action Centre. The Federation has now adopted the
Board's draft decree with some minor amendments and its official publication
is expected shortly.
- The Government of the Republika Srpska has still not produced its
Mine Action Centre Decree and the Office of the High Representative is
taking measures to ensure its adoption.
- Through the Board of Donors, there is now much improved coordination
between SFOR and civilian demining. In particular, SFOR is participating
fully in the formulation of the entity mine action plans and ensuring that
entity forces mine removal enhances civilian demining programmes.
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