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Ombudsman of Bosnia and Herzegovina

BOSNIA AND HERZEGOVINA

BOSNIA AND HERZEGOVINA RECOMMENDED FOR MEMBERSHIP OF THE COUNCIL OF EUROPE IN 2002 - HONOUR BUT ALSO OBLIGATION

Since the previous issue of the EOI Newsletter two important events have taken place:

• Celebrations of the Anniversary of the Universal Declaration of Human Rights, organized by the Human Rights Ombudsman of BaH,
• Green light from the Parliamentary Assembly of the Council of Europe for BaH's membership to the Council of Europe.

International Human Rights Day

The Human Rights Ombudsman of BaH, Mr Frank Orton, continued his tradition to commemorate the Anniversary of the Universal Declaration of Human Rights by organizing receptions in Banja Luka and in Sarajevo, inviting special speakers for that occasion. This year it was Mr Ivan Bizjak, the former Ombudsman of Slovenia and the current Minister of Justice of Slovenia, who shared his experience and expertise not just with the Ombudsman's staff, but also with all those interested in promoting human rights and rule of law in BaH. Mr Bizjak also held a press conference in Sarajevo, introduced by the Ombudsman, and then spoke at a public seminar at the Law Faculty in Sarajevo about how to promote Good Governance and the Rule of Law in BaH.

Bosnia and Herzegovina soon in the Council of Europe

On 22 January 2002 the Parliamentary Assembly of the Council of Europe discussed the BaH request for membership of this organization, not least in the light of opinions in this regard presented by the Council of Europe Special Rapporteurs Mr László Surjan of Hungary and Ms Anneli Jäätteenmäki of Finland. The Assembly decided to recommend the Committee of Ministers to let BaH become such a member, given the post-accession commitments provided by BaH. The Committee of Ministers is expected to decide on the matter in April.

Among the commitments in the field of human rights to be fulfilled by BaH after its accession to the Council of Europe is to work "towards establishing multi-ethnic Ombudsmen" and to considering establishing "a single, unified Human Rights Ombudsman's Office at State level, which would include the present Ombudsmen institutions at entities level".

In that respect the Human Rights Ombudsman of BaH in a press statement after meetings on 18 January 2002 with some of the highest officials of the Republika Srpska, pointed out that such an organization would be "more efficient and less expensive" than today's system with three separate ombudsman institutions in a comparatively small country. He emphasized that it "would for instance avoid existing risks for duplication, contradiction and, not least, public confusion" and he underlined that it would also mean "better contact between all the country's currently fifteen ombudsman field offices".

Appendix: Case Summary 1

Case statistics (2 January 2002)  

Case handling and compliance examples

The institution was established in early 1996 through Annex 6 to the Dayton Peace Agreement and is now governed by the Law on the Human Rights Ombudsman of Bosnia and Herzegovina 3. This law came into force on 3 January 2001. Since then, i e during the year of 2001, (7.405 - 5.717 =) 1.688 complaints have been registered. At the same time 3.248 cases have resulted in formal recommendation (1.944 - 757 = 1.187) or been otherwise resolved (3.776 - 1.715 = 2.061). This means that the total number of unresolved cases, which was 3.245 at the end of 2000, has decreased during 2001 by 1.560 and now amounts to (164 + 1.521 =) 1.685 and almost exactly equals the number of complaints registered during 2001.

Compliance with the Human Rights Ombudsman's recent recommendations has taken place concerning, inter alia, the following complainants:

I.Š. - 25 September. The complainant was reinstated to a house in Novo Sarajevo on 18 December.
M.Š. - 12 October. The complainant was reinstated to a house in Ilidža on 10 December.
J.V. - 17 October. The complainant was reinstated to a house in Kupres on 10 December.
T.N. - 18 October. A decision was issued upon the complainant's repossession claim regarding a house in Sanski Most on 26 November.
Z.B. - 30 October. The complainant was reinstated in a house in Prijedor on 28 November.
B.N. - 5 November. Not only was a decision issued upon the complainant's repossession claim regarding an apartment in Lukavac, but she was also reinstated in the apartment on 26 November.
E.T. - 8 November. The complainant was reinstated in an apartment in Kozarska/Bosanska Dubica on 9 November.

1   Could imply amicable solution, complaint withdrawn, no violation found etc.
2   45.385 of these were lodged in early 1998 and became insignificant shortly afterwards due to new legislation.
3   BaH Official Gazette 32/00.

Ombudsman of Bosnia and Herzegovina

BOSNIA AND HERZEGOVINA

BOSNIA AND HERZEGOVINA RECOMMENDED FOR MEMBERSHIP OF THE COUNCIL OF EUROPE IN 2002 - HONOUR BUT ALSO OBLIGATION

Since the previous issue of the EOI Newsletter two important events have taken place:

• Celebrations of the Anniversary of the Universal Declaration of Human Rights, organized by the Human Rights Ombudsman of BaH,
• Green light from the Parliamentary Assembly of the Council of Europe for BaH's membership to the Council of Europe.

International Human Rights Day

The Human Rights Ombudsman of BaH, Mr Frank Orton, continued his tradition to commemorate the Anniversary of the Universal Declaration of Human Rights by organizing receptions in Banja Luka and in Sarajevo, inviting special speakers for that occasion. This year it was Mr Ivan Bizjak, the former Ombudsman of Slovenia and the current Minister of Justice of Slovenia, who shared his experience and expertise not just with the Ombudsman's staff, but also with all those interested in promoting human rights and rule of law in BaH. Mr Bizjak also held a press conference in Sarajevo, introduced by the Ombudsman, and then spoke at a public seminar at the Law Faculty in Sarajevo about how to promote Good Governance and the Rule of Law in BaH.

Bosnia and Herzegovina soon in the Council of Europe

On 22 January 2002 the Parliamentary Assembly of the Council of Europe discussed the BaH request for membership of this organization, not least in the light of opinions in this regard presented by the Council of Europe Special Rapporteurs Mr László Surjan of Hungary and Ms Anneli Jäätteenmäki of Finland. The Assembly decided to recommend the Committee of Ministers to let BaH become such a member, given the post-accession commitments provided by BaH. The Committee of Ministers is expected to decide on the matter in April.

Among the commitments in the field of human rights to be fulfilled by BaH after its accession to the Council of Europe is to work "towards establishing multi-ethnic Ombudsmen" and to considering establishing "a single, unified Human Rights Ombudsman's Office at State level, which would include the present Ombudsmen institutions at entities level".

In that respect the Human Rights Ombudsman of BaH in a press statement after meetings on 18 January 2002 with some of the highest officials of the Republika Srpska, pointed out that such an organization would be "more efficient and less expensive" than today's system with three separate ombudsman institutions in a comparatively small country. He emphasized that it "would for instance avoid existing risks for duplication, contradiction and, not least, public confusion" and he underlined that it would also mean "better contact between all the country's currently fifteen ombudsman field offices".

Appendix: Case Summary 1

Case statistics (2 January 2002)  

Case handling and compliance examples

The institution was established in early 1996 through Annex 6 to the Dayton Peace Agreement and is now governed by the Law on the Human Rights Ombudsman of Bosnia and Herzegovina 3. This law came into force on 3 January 2001. Since then, i e during the year of 2001, (7.405 - 5.717 =) 1.688 complaints have been registered. At the same time 3.248 cases have resulted in formal recommendation (1.944 - 757 = 1.187) or been otherwise resolved (3.776 - 1.715 = 2.061). This means that the total number of unresolved cases, which was 3.245 at the end of 2000, has decreased during 2001 by 1.560 and now amounts to (164 + 1.521 =) 1.685 and almost exactly equals the number of complaints registered during 2001.

Compliance with the Human Rights Ombudsman's recent recommendations has taken place concerning, inter alia, the following complainants:

I.Š. - 25 September. The complainant was reinstated to a house in Novo Sarajevo on 18 December.
M.Š. - 12 October. The complainant was reinstated to a house in Ilidža on 10 December.
J.V. - 17 October. The complainant was reinstated to a house in Kupres on 10 December.
T.N. - 18 October. A decision was issued upon the complainant's repossession claim regarding a house in Sanski Most on 26 November.
Z.B. - 30 October. The complainant was reinstated in a house in Prijedor on 28 November.
B.N. - 5 November. Not only was a decision issued upon the complainant's repossession claim regarding an apartment in Lukavac, but she was also reinstated in the apartment on 26 November.
E.T. - 8 November. The complainant was reinstated in an apartment in Kozarska/Bosanska Dubica on 9 November.

1   Could imply amicable solution, complaint withdrawn, no violation found etc.
2   45.385 of these were lodged in early 1998 and became insignificant shortly afterwards due to new legislation.
3   BaH Official Gazette 32/00.