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Human Rights Ombudsperson for Bosnia and Herzegovina

Bosnia and Herzegovina is facing a very difficult period of implementation of the Dayton Peace Agreement in recent months. Arbitral award regarding Brčko of 5 March 1999, dismissal of the president of the Republika Srpska, Mr. Poplašen, by the High Representative of the international community in Bosnia and Herzegovina, occurred on 5 March 1999, as well as NATO air strikes against Yugoslavia which started on 24/25 March 1999, deteriorated political situation which escalated in violence towards the premises of USA, UK, German and French embassies in the Republika Srpska. On the other hand, a series of incidents against returnees in Federation of Bosnia and Herzegovina (Stolac, Čapljina, Bugojno, Travnik), assassination of the deputy Minister of Interior of the Federation, Mr. Jozo Leutar (Croat) in Sarajevo, gave raise to obvious tension in relations between the federal partners (Croats and Bosniaks).

Despite such a difficult political situation, the Office of the Ombudsperson kept insisting on the principle of rule of law and respect for human rights and fundamental freedoms in both entities, i. e. in Bosnia and Herzegovina as a state. In the period January- May 1999 224 decisions in individual cases have been issued, including a Special report on fairness of the criminal proceedings against notorious "Zvornik 3" group (three Bosniaks from Srebrenica accused to have killed four Serbs in early 1996 near Zvornik)(1).

The most frequent subject matter of the cases submitted to the offices of the Ombudsperson for Bosnia and Herzegovina relate to property rights and respect for one's home.

In December 1998 the Republika Srpska adopted the Law on Cessation of the Law on the Use of Abandoned Property (which gave raise to many violations of human rights and was strongly criticized in the Ombudsperson's numerous reports(2)). That Law enabled refugees and displaced persons who fled from the Republika Srpska due to the war hostilities to claim their property back by submitting a formal request to the departments of the Ministry for refugees in their respective municipalities. They should do that until 19 June 1999 if they were holders of occupancy right over previously socially owned apartments. If they claim their private property back, there is no time limit fixed. The competent organ is obliged to accept these requests without any charges. They can be submitted personally, through representative or sent by mail. In each case, there is a time limit of 30 days to decide upon the claim(3).

One of the main tasks of the Office of the Ombudsperson will be to observe and react to mal-administration in the field of the implementation of the above Law in the Republika Srpska.

The process of return of thousands of refugees and internally displaced persons is clearly one of the most important imperatives, not just in terms of respect for human rights and strengthening the state of Bosnia and Herzegovina as multiethnic and multicultural community, but also from the point of view of possible accession of Bosnia and Herzegovina to the Council of Europe.

Of course, the Office will closely monitor the same process in Federation of Bosnia and Herzegovina, where many shortcomings have been spotted in implementation of the Law on Cessation of the Law on Abandoned Apartments. It is absolutely indispensable to consider the return of people to their pre-war homes as a two-way process in order to facilitate and speed it up.

However, a flood of refugees from FR Yugoslavia and already existing problem of Serb refugees from Croatia who reside on the territory of the Republika Srpska(4), put additional, very heavy burden to already difficult situation in housing matters in Bosnia and Herzegovina.
 

Newsletter and Web site of the Office of the Ombudsperson: 

The Office started issuing a newsletter once in three months. It contains the latest developments of the work of the institution. The first issue has been published in May 1999.
From the end of June 1999 all the information concerning work of the Office of the Ombudsperson, including the annual reports and published decisions and reports will be on the Office web site in Internet under following address:
www.ohro.ba
 

Appendix: the latest case summary 

The Human Rights Ombudsperson for Bosnia and Herzegovina Dr. Gret Haller informs the public about the case statistics and activities in April 1999.
 
Case statistics

      
      
Summary of Activities in April 1999

The Ombudsperson decided in sixty-three cases in April 1999. In three Final Reports the Ombudsperson found violations of the human rights guaranteed by the European Convention on Human Rights. However, these reports are confidential until expiring of time limits for compliance with recommendations.

On 28 April 1999 under the auspices of the Office of the High Representative and with participation of the OSCE, a meeting with Agents of the Governments of the Parties to Annex 6 was held in Sarajevo. Two Deputies of the Ombudsperson, together with the representatives of the HR Chamber, exchanged very useful information with the Agents (Legal Representatives) of the Governments of the Federation of BiH, Republika Srpska, and the State of BiH. The main issue was to discuss the modalities to improve the cooperation between the Agents and Human Rights Commission. It is agreed that the next meeting is held on 28 May 1999.
 
Press Conference

A press conference for the third anniversary of the work of the Office of the Ombudsperson will be held on Thursday, 27 May 1999 at 11.30 in SFOR Press Center (CPIC) within the regular Press.

The Ombudsperson will present the Third Annual Report and Publication of the Decisions and Reports of the Office issued during the three years of its work. The publications of the Office of the Ombudsperson will be available at the press conference.

Human Rights Ombudsperson for Bosnia and Herzegovina

Bosnia and Herzegovina is facing a very difficult period of implementation of the Dayton Peace Agreement in recent months. Arbitral award regarding Brčko of 5 March 1999, dismissal of the president of the Republika Srpska, Mr. Poplašen, by the High Representative of the international community in Bosnia and Herzegovina, occurred on 5 March 1999, as well as NATO air strikes against Yugoslavia which started on 24/25 March 1999, deteriorated political situation which escalated in violence towards the premises of USA, UK, German and French embassies in the Republika Srpska. On the other hand, a series of incidents against returnees in Federation of Bosnia and Herzegovina (Stolac, Čapljina, Bugojno, Travnik), assassination of the deputy Minister of Interior of the Federation, Mr. Jozo Leutar (Croat) in Sarajevo, gave raise to obvious tension in relations between the federal partners (Croats and Bosniaks).

Despite such a difficult political situation, the Office of the Ombudsperson kept insisting on the principle of rule of law and respect for human rights and fundamental freedoms in both entities, i. e. in Bosnia and Herzegovina as a state. In the period January- May 1999 224 decisions in individual cases have been issued, including a Special report on fairness of the criminal proceedings against notorious "Zvornik 3" group (three Bosniaks from Srebrenica accused to have killed four Serbs in early 1996 near Zvornik)(1).

The most frequent subject matter of the cases submitted to the offices of the Ombudsperson for Bosnia and Herzegovina relate to property rights and respect for one's home.

In December 1998 the Republika Srpska adopted the Law on Cessation of the Law on the Use of Abandoned Property (which gave raise to many violations of human rights and was strongly criticized in the Ombudsperson's numerous reports(2)). That Law enabled refugees and displaced persons who fled from the Republika Srpska due to the war hostilities to claim their property back by submitting a formal request to the departments of the Ministry for refugees in their respective municipalities. They should do that until 19 June 1999 if they were holders of occupancy right over previously socially owned apartments. If they claim their private property back, there is no time limit fixed. The competent organ is obliged to accept these requests without any charges. They can be submitted personally, through representative or sent by mail. In each case, there is a time limit of 30 days to decide upon the claim(3).

One of the main tasks of the Office of the Ombudsperson will be to observe and react to mal-administration in the field of the implementation of the above Law in the Republika Srpska.

The process of return of thousands of refugees and internally displaced persons is clearly one of the most important imperatives, not just in terms of respect for human rights and strengthening the state of Bosnia and Herzegovina as multiethnic and multicultural community, but also from the point of view of possible accession of Bosnia and Herzegovina to the Council of Europe.

Of course, the Office will closely monitor the same process in Federation of Bosnia and Herzegovina, where many shortcomings have been spotted in implementation of the Law on Cessation of the Law on Abandoned Apartments. It is absolutely indispensable to consider the return of people to their pre-war homes as a two-way process in order to facilitate and speed it up.

However, a flood of refugees from FR Yugoslavia and already existing problem of Serb refugees from Croatia who reside on the territory of the Republika Srpska(4), put additional, very heavy burden to already difficult situation in housing matters in Bosnia and Herzegovina.
 

Newsletter and Web site of the Office of the Ombudsperson: 

The Office started issuing a newsletter once in three months. It contains the latest developments of the work of the institution. The first issue has been published in May 1999.
From the end of June 1999 all the information concerning work of the Office of the Ombudsperson, including the annual reports and published decisions and reports will be on the Office web site in Internet under following address:
www.ohro.ba
 

Appendix: the latest case summary 

The Human Rights Ombudsperson for Bosnia and Herzegovina Dr. Gret Haller informs the public about the case statistics and activities in April 1999.
 
Case statistics

      
      
Summary of Activities in April 1999

The Ombudsperson decided in sixty-three cases in April 1999. In three Final Reports the Ombudsperson found violations of the human rights guaranteed by the European Convention on Human Rights. However, these reports are confidential until expiring of time limits for compliance with recommendations.

On 28 April 1999 under the auspices of the Office of the High Representative and with participation of the OSCE, a meeting with Agents of the Governments of the Parties to Annex 6 was held in Sarajevo. Two Deputies of the Ombudsperson, together with the representatives of the HR Chamber, exchanged very useful information with the Agents (Legal Representatives) of the Governments of the Federation of BiH, Republika Srpska, and the State of BiH. The main issue was to discuss the modalities to improve the cooperation between the Agents and Human Rights Commission. It is agreed that the next meeting is held on 28 May 1999.
 
Press Conference

A press conference for the third anniversary of the work of the Office of the Ombudsperson will be held on Thursday, 27 May 1999 at 11.30 in SFOR Press Center (CPIC) within the regular Press.

The Ombudsperson will present the Third Annual Report and Publication of the Decisions and Reports of the Office issued during the three years of its work. The publications of the Office of the Ombudsperson will be available at the press conference.