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Bosnia and Herzegovina, Ombudsman of BaH

The Law on the state of Bosnia and Herzegovina ombudsman entered into force

On 12 December 2000, the High Representative, Mr. Wolfgang Petritsch, using the powers vested in him by Article V of Annex 10 of the GFAP and through Conclusions of the Bonn Peace Implementation Council in 1997, decided to impose the Law on the Human Rights Ombudsman of Bosnia and Herzegovina.

The High Representative, in his press release of 13 December 2000, explained that the Law formed a cornerstone for the protection of human rights and fundamental freedoms in Bosnia and Herzegovina by ensuring that the responsibility for the Human Rights Ombudsman lied within the state of Bosnia and Herzegovina. The High Representative expressed his disappointment by the fact that the state authorities felt unable to adopt the Law which protected crucial rights of all citizens of Bosnia and Herzegovina, despite the September 2000 deadline set by the Brussels Peace Implementation Council in May of this year.

Article 45 of the Law provides that it shall enter into force eight days following its publication in the Official Gazette of Bosnia and Herzegovina. The Law was published in the Official gazette of Bosnia and Herzegovina No. 32/2000 on 26 December 2000 and entered into force on 4 January 2001.

Pursuant to Article 41 of the Law until 31 December 2003, there shall be one Human Rights Ombudsman of Bosnia and Herzegovina (the transitional Ombudsman), appointed by the Chairman in office of the OSCE, after consultation with the Presidency of Bosnia and Herzegovina, the Chairman of the House of Representatives of Bosnia and Herzegovina and the Chairman of the House of Peoples of Bosnia and Herzegovina. The transitional Ombudsman may not be a citizen of Bosnia and Herzegovina or any neighbouring state. A person performing the duties of the Human Rights Ombudsman of Bosnia and Herzegovina at the time of the entry into force of this Law, i. e. Mr. Frank Orton, a former Swedish Ombudsman against Ethnic Discrimination, shall be the transitional Ombudsman of Bosnia and Herzegovina.

Ombudsman office opened in Brčko

On 4 October 2000, Mr. Frank Orton, the Human Rights Ombudsman of Bosnia and Herzegovina visited The Brčko District of Bosnia and Herzegovina and met with Ambassador Gary Mathews, the Supervisor of the District, as well as with the Mayor of the District Mr. Siniša Kisić. After the meetings, a press conference was held at the building of the District Government. The highest officials of the District explained the current political and legal situation in the District, with special emphasis on the human rights situation. They welcomed the idea of opening the office of the Human Rights Ombudsman in Brčko. Acknowledging the need to have an office in Brčko as soon as possible, Frank Orton announced such development in the near future.

Consequently, on 15 December 2000 Mr. Orton officially opened the office in Brčko. Due to the uncertain financial sources needed for uninterrupted operation of this Office, in the initial period, one lawyer and one secretary/interpreter from Banja Luka office visited Brčko for two weeks and after that once a week. Future arrangements will depend on financial possibilities of the OHRO.

In the first two weeks of operation in the Brčko District 73 complainants visited the Office and discussed their problem with the duty lawyer. 39 complaints were submitted. They relate mainly to repossession of the pre-war property and/or other property issues of displaced persons and returnees in the District of Brčko and in the Federation of Bosnia and Herzegovina.

ANNEX:

Case summary (31 December 2000)

Case statistics

Amicable solutions:

In the case of M.Z. v. the Federation of Bosnia and Herzegovina of 2 June 2000, the competent housing organ did not enforce the decision acknowledging the applicant's right to repossess a pre-war apartment located in Konjic. On 27 November 2000 the applicant was reinstated to his apartment and the investigation in the case was closed on 1 December 2000.

The case of D.S. v. the Federation of Bosnia and Herzegovina of 15 June 2000, concerned the failure of the local housing authorities to decide upon the applicant's repossession claim regarding his apartment located in Sarajevo. The applicant was reinstated to the apartment on 17 November 2000. Accordingly, the Ombudsman closed the investigation on 5 December 2000.

The case of V.O. v. the Federation of Bosnia and Herzegovina of 21 June 2000, concerned the failure of the local housing organ in Sarajevo to process the applicant's claim for repossession of her pre-war apartment. On 17 November 2000 the applicant was reinstated to her apartment and the investigation in the case was closed on 5 December 2000.

Reports made public (as they were not complied with by the Respondent Parties):

The Human Rights Ombudsman decided on 4 and 5 December 2000, respectively, to forward to the High Representative and refer to the Presidents of the Respondent Parties for further action the following group reports:

Vidosava Nikitović and others v. the Federation of Bosnia and Herzegovina of 7 April 2000, Š.O. (Omeragić) and others v. the Republika Srpska and M.K. (Kasapović) and the others v. the Republika Srpska of 7 and 24 April 2000, respectively. The cases concern the (non) implementation of the new property laws.
 

Bosnia and Herzegovina, Ombudsman of BaH

The Law on the state of Bosnia and Herzegovina ombudsman entered into force

On 12 December 2000, the High Representative, Mr. Wolfgang Petritsch, using the powers vested in him by Article V of Annex 10 of the GFAP and through Conclusions of the Bonn Peace Implementation Council in 1997, decided to impose the Law on the Human Rights Ombudsman of Bosnia and Herzegovina.

The High Representative, in his press release of 13 December 2000, explained that the Law formed a cornerstone for the protection of human rights and fundamental freedoms in Bosnia and Herzegovina by ensuring that the responsibility for the Human Rights Ombudsman lied within the state of Bosnia and Herzegovina. The High Representative expressed his disappointment by the fact that the state authorities felt unable to adopt the Law which protected crucial rights of all citizens of Bosnia and Herzegovina, despite the September 2000 deadline set by the Brussels Peace Implementation Council in May of this year.

Article 45 of the Law provides that it shall enter into force eight days following its publication in the Official Gazette of Bosnia and Herzegovina. The Law was published in the Official gazette of Bosnia and Herzegovina No. 32/2000 on 26 December 2000 and entered into force on 4 January 2001.

Pursuant to Article 41 of the Law until 31 December 2003, there shall be one Human Rights Ombudsman of Bosnia and Herzegovina (the transitional Ombudsman), appointed by the Chairman in office of the OSCE, after consultation with the Presidency of Bosnia and Herzegovina, the Chairman of the House of Representatives of Bosnia and Herzegovina and the Chairman of the House of Peoples of Bosnia and Herzegovina. The transitional Ombudsman may not be a citizen of Bosnia and Herzegovina or any neighbouring state. A person performing the duties of the Human Rights Ombudsman of Bosnia and Herzegovina at the time of the entry into force of this Law, i. e. Mr. Frank Orton, a former Swedish Ombudsman against Ethnic Discrimination, shall be the transitional Ombudsman of Bosnia and Herzegovina.

Ombudsman office opened in Brčko

On 4 October 2000, Mr. Frank Orton, the Human Rights Ombudsman of Bosnia and Herzegovina visited The Brčko District of Bosnia and Herzegovina and met with Ambassador Gary Mathews, the Supervisor of the District, as well as with the Mayor of the District Mr. Siniša Kisiæ. After the meetings, a press conference was held at the building of the District Government. The highest officials of the District explained the current political and legal situation in the District, with special emphasis on the human rights situation. They welcomed the idea of opening the office of the Human Rights Ombudsman in Brčko. Acknowledging the need to have an office in Brčko as soon as possible, Frank Orton announced such development in the near future.

Consequently, on 15 December 2000 Mr. Orton officially opened the office in Brčko. Due to the uncertain financial sources needed for uninterrupted operation of this Office, in the initial period, one lawyer and one secretary/interpreter from Banja Luka office visited Brčko for two weeks and after that once a week. Future arrangements will depend on financial possibilities of the OHRO.

In the first two weeks of operation in the Brčko District 73 complainants visited the Office and discussed their problem with the duty lawyer. 39 complaints were submitted. They relate mainly to repossession of the pre-war property and/or other property issues of displaced persons and returnees in the District of Brčko and in the Federation of Bosnia and Herzegovina.

ANNEX:

Case summary (31 December 2000)

Case statistics

Amicable solutions:

In the case of M.Z. v. the Federation of Bosnia and Herzegovina of 2 June 2000, the competent housing organ did not enforce the decision acknowledging the applicant's right to repossess a pre-war apartment located in Konjic. On 27 November 2000 the applicant was reinstated to his apartment and the investigation in the case was closed on 1 December 2000.

The case of D.S. v. the Federation of Bosnia and Herzegovina of 15 June 2000, concerned the failure of the local housing authorities to decide upon the applicant's repossession claim regarding his apartment located in Sarajevo. The applicant was reinstated to the apartment on 17 November 2000. Accordingly, the Ombudsman closed the investigation on 5 December 2000.

The case of V.O. v. the Federation of Bosnia and Herzegovina of 21 June 2000, concerned the failure of the local housing organ in Sarajevo to process the applicant's claim for repossession of her pre-war apartment. On 17 November 2000 the applicant was reinstated to her apartment and the investigation in the case was closed on 5 December 2000.

Reports made public (as they were not complied with by the Respondent Parties):

The Human Rights Ombudsman decided on 4 and 5 December 2000, respectively, to forward to the High Representative and refer to the Presidents of the Respondent Parties for further action the following group reports:

Vidosava Nikitoviæ and others v. the Federation of Bosnia and Herzegovina of 7 April 2000, Š.O. (Omeragiæ) and others v. the Republika Srpska and M.K. (Kasapoviæ) and the others v. the Republika Srpska of 7 and 24 April 2000, respectively. The cases concern the (non) implementation of the new property laws.