Accession of Bosnia and Herzegovina to the Council of Europe: Progress Review # 12
Accession Requirement | Status | ||||
---|---|---|---|---|---|
Un- Satisfied | Partially Satisfied | Satisfied | Legislation imposed by OHR | ||
#3 Human Rights Institutions | |||||
Commitment to adequate funding of the Human Rights Chamber, Ombudsperson and Commission for Displaced Persons and Refugees | BIH | X | |||
Full compliance with decisions of the Human Rights Chamber and recommendations of the Ombudsperson | BiH | X | |||
Fed | X | ||||
RS | X | ||||
Establishment of a working group with OHR and Council of Europe for restructuring human rights protection mechanisms in accordance with recommendations of the Venice Commission | Fed | X | |||
RS | X | ||||
Passage of legislation on the Ombudsmen recommended by the Venice Commission and guaranteeing their continuing independence | Fed | X | |||
Establishment of the Ombudsmen as a multi-ethnic institution | RS | X | |||
#4 Judicial System | |||||
Adoption of the laws to establish independent selection procedures for judges and prosecutors and priority to adequate judicial salaries | Fed | X | X | ||
RS | X | ||||
#5 Constitutional Court | |||||
Commitment to adequate funding of the Constitutional Court in a manner which sustains its independence and implementation of its decisions | BiH | X | |||
#6 Compliance with the European Convention on Human Rights | |||||
Adoption of Immigration and Asylum Law | BiH | X | |||
Adoption of Law on Associations and Foundations respecting independence of Non-Governmental Organisations | BiH | X | |||
Fed | X | ||||
RS | X | ||||
Establishment of groups to examine compatibility of legislation with ECHR, and regular consultation with OHR and CoE on legislative initiatives | Fed | X | |||
RS | X | ||||
Legislation on Conscientious Objection and Alternative Service | Fed | X | |||
RS | X | ||||
Revised Law on Internal Affairs | RS | X | |||
Revised Law on Citizenship | BiH | X | X1 | ||
Fed | X | ||||
RS | X | ||||
Adoption of the Criminal Code and Code of Criminal Procedure | RS | X | |||
#7 ICTY | |||||
Full Cooperation with the ICTY | Fed | X | |||
RS | X | ||||
#9 Property Laws (Return of Refugees and Displaced Persons) | |||||
Full co-operation and compliance with Annex 7 on Refugees and Displaced Persons of the Dayton Peace Agreement in the Implementation of the property laws | Fed | X | |||
RS | X | ||||
Revised laws to guarantee the right to return of individuals whose apartments have been permanently reallocated to another person | Fed | X | X | ||
RS | X | X | |||
Revised Law on Housing Relations | Fed | X | X | ||
RS | X | X | |||
Establishment of a mechanism to ensure access to and recognition of personal documents | Fed | X | |||
RS | X | ||||
Full implementation of the Decisions of the Human Rights Chamber concerning former Yugoslav National Army (JNA) apartments | Fed | X | |||
Establishment of an effective property claims process | RS | X | |||
#11 Education | |||||
Substantial progress in the amendment of textbooks, including withdrawal of all offensive materials by beginning of 1999/2000 school year | Fed | X | |||
RS | X | ||||
Review of the education system in order to eradicate all aspects of ethnic segregation | Fed | X | |||
RS | X | ||||
Total Human rights accession-related requirements | 40 | 15 | 15 | 10 | 62 |
- As opposed to other imposed legislation, the State Law on Citizenship was subsequently adopted by both Chambers of the BiH Parliamentary Assembly.
- Of nine satisfied CoE accession tasks requiring adoption of legislation (that excludes the task under Heading 3 the full compliance with decisions of the human rights chamber, Ombudsperson and Commission for Displaced persons and Refugees by the State authorities) only three – the BiH Law on Immigration and Asylum, the BiH Revised Law on Citizenship and The [RS] Laws to Establish Independent Selection Procedures for Judges and Prosecutors and Priority to Adequate Judicial Salaries – were adopted by relevant governmental bodies. The other five were imposed. Out of the six laws imposed, only one, the State Law on Citizenship, was subsequently passed by the BiH Parliamentary Assembly.
Return to Accession of BiH to the CoE Progress Review # 12