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PRESS RELEASE
Ombudsperson's special report of 27 January 2000

On housing in Bosnia and Herzegovina severe and systematic violations of human rights

Sarajevo, 4 February 2000 &#8211; Ambassador Dr. Gret Haller, the Human Rights Ombudsperson for Bosnia and Herzegovina, adopted the above Special Report on 27 January 2000 pursuant to para. 6 of Article V of Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina (&#8220;the Dayton Agreement&#8221;), and presented it to the Council of Ministers of Bosnia and Herzegovina, the Government of the Federation of Bosnia and Herzegovina and the Government of the Republika Srpska.

Special Report addresses the issue of severe and systematic violations of human rights of displaced persons and refugees in their trying to return to their homes of origin, due to disregard for the principle of rule of law throughout Bosnia and Herzegovina. The Ombudsperson recommends that the competent authorities fully comply with the provisions of the domestic laws and international treaties on human rights in processing claims for the return.

The Ombudsperson concludes that the burden of responsibility for behaviour described in this Report lies, in the first place, on the authorities of the Entities, due to the strict division of competencies between the State and the Entities of Bosnia and Herzegovina. However, the responsibility for the respect of human rights of all citizens of Bosnia and Herzegovina, pursuant to Article II, para. 1 of Annex 4 of the Dayton Agreement, regardless the entity borders lies both on the State institutions i.e. the Council of Ministers of Bosnia and Herzegovina and Entities&#8217; institutions.

The Ombudsperson outlines that democracy is a process where the authorities are elected by means of free and democratic elections. As from the moment when they take up their duties, these elected authorities have to follow the principle of rule of law and to enforce fundamental rights and freedoms laid down in the constitution and international treaties. They have to do this even in the situation where some people who elected them would unfortunately prefer that these principles are not followed. Therefore, the real democracy entails even a situation when the authorities have to act against the will of those who elected them. The violation of human rights in Bosnia and Herzegovina occurred mainly for the reason that in the centre of thinking of the authorities there was always a national (ethnical) element. Human Rights can only be implemented in Bosnia and Herzegovina if this element of thinking is replaced by the clear view that human rights are universal and not linked to any background, such as race, religion, nationality (ethnicity), gender, family and other.

Although human rights entail much more than just housing issues, the large number of such cases proves that the housing problem is a crucial point in Bosnia and Herzegovina after the war. Through the issue of return, the above mentioned political background becomes the most visible and, therefore, human rights today in Bosnia and Herzegovina are focusing on this issue.

PRESS RELEASE
Ombudsperson's special report of 27 January 2000

On housing in Bosnia and Herzegovina severe and systematic violations of human rights

Sarajevo, 4 February 2000 – Ambassador Dr. Gret Haller, the Human Rights Ombudsperson for Bosnia and Herzegovina, adopted the above Special Report on 27 January 2000 pursuant to para. 6 of Article V of Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina (“the Dayton Agreement”), and presented it to the Council of Ministers of Bosnia and Herzegovina, the Government of the Federation of Bosnia and Herzegovina and the Government of the Republika Srpska.

Special Report addresses the issue of severe and systematic violations of human rights of displaced persons and refugees in their trying to return to their homes of origin, due to disregard for the principle of rule of law throughout Bosnia and Herzegovina. The Ombudsperson recommends that the competent authorities fully comply with the provisions of the domestic laws and international treaties on human rights in processing claims for the return.

The Ombudsperson concludes that the burden of responsibility for behaviour described in this Report lies, in the first place, on the authorities of the Entities, due to the strict division of competencies between the State and the Entities of Bosnia and Herzegovina. However, the responsibility for the respect of human rights of all citizens of Bosnia and Herzegovina, pursuant to Article II, para. 1 of Annex 4 of the Dayton Agreement, regardless the entity borders lies both on the State institutions i.e. the Council of Ministers of Bosnia and Herzegovina and Entities’ institutions.

The Ombudsperson outlines that democracy is a process where the authorities are elected by means of free and democratic elections. As from the moment when they take up their duties, these elected authorities have to follow the principle of rule of law and to enforce fundamental rights and freedoms laid down in the constitution and international treaties. They have to do this even in the situation where some people who elected them would unfortunately prefer that these principles are not followed. Therefore, the real democracy entails even a situation when the authorities have to act against the will of those who elected them. The violation of human rights in Bosnia and Herzegovina occurred mainly for the reason that in the centre of thinking of the authorities there was always a national (ethnical) element. Human Rights can only be implemented in Bosnia and Herzegovina if this element of thinking is replaced by the clear view that human rights are universal and not linked to any background, such as race, religion, nationality (ethnicity), gender, family and other.

Although human rights entail much more than just housing issues, the large number of such cases proves that the housing problem is a crucial point in Bosnia and Herzegovina after the war. Through the issue of return, the above mentioned political background becomes the most visible and, therefore, human rights today in Bosnia and Herzegovina are focusing on this issue.