Bosnia and Herzegovina, Ombudsman za ljudska prava
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Ombudsman za ljudska prava
BOSNIA AND HERZEGOVINA
BOSNIA AND HERZEGOVINA RATIFIED THE EUROPEAN CONVENTION ON HUMAN RIGHTS
On 12 July 2002, the Ambassador of Bosnia and Herzegovina at the Council of Europe delivered to the Secretary General the ratification instruments concerning the European Convention on the Protection of Human Rights and Fundamental Freedoms. By this formal act, Bosnia and Herzegovina, as the 44th member of the Council of Europe, fulfilled one of its post-accession commitments. The European Convention as such was, however, introduced in the legal system of this country via the Dayton Peace Agreement already in 1996.1)
THE LAW ON THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA ADOPTED BY THE STATE PARLIAMENT
On 25 June and 3 July 2002, respectively, both Houses of the Parliamentary Assembly of Bosnia and Herzegovina adopted the Law on the Human Rights Ombudsman of Bosnia and Herzegovina 2), imposed by the High Representative in December 2000. 3)
This commendable step by the State authorities also means the fulfilment of the one of the recommendations set forth by the Consultative Task Force of the European Union and Bosnia and Herzegovina. Other EU recommendations related to the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina given to the State but so far not fulfilled include providing free premises and an increase of the Institution's financial resources to secure its uninterrupted operation.
AWARENESS RAISING BY THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
In order to promote good governance and the rule of law in the country, the Ombudsman had full-page color ads related to the Institution's campaign "Properly, Fairly and Impartially" printed in all major daily newspapers on four consecutive Fridays during June. He also had a leaflet on the same subject reprinted and distributed throughout Bosnia and Herzegovina.
CONTACTS WITH THE MEDIA
On 14 August the Ombudsman held a Press Conference where he presented some recent examples of compliance with his recommendations. He was pleased to note that illegally occupied property belonging to the Catholic Church in Banja Luka had finally been returned to its rightful owner.
“This is hopefully a sign that the political institutions in Republika Srpska have become more mature and understand that property laws must be followed”, says the Ombudsman. “It could in addition be interpreted as a concrete sign of a growing openness towards restoration of diversity in each part of this country”, commented the Ombudsman.
On the basis of a complaint, submitted by the Catholic Church, and after a thorough investigation, a Special Report on “Violation of Property Rights of the Catholic Church and Violation of the Freedom of Religion of Catholic Believers in Diocese of Banja Luka” was issued. The report recommended the RS Government to take all necessary steps in order to restore the possession of the occupied Catholic Church premises in the municipalities of Banja Luka, Bosanska/Kozarska Dubica, Doboj, Gradiška, Kotor Varoš and Laktaši.
“…The Rule of Law applies to all, also to Governments."-said the Ombudsman. "… This case could, however, imply some sort of a turning-point. I now count on future focused attention from the Government, also if changed to some extent after the elections.” -added the Ombudsman.
The Ombudsman was also happy to note that that the practice of using improper seals on documents to be used abroad now seemed to have ceased in all of the country. After investigation, the Ombudsman demanded the appropriate Entity Ministries to attend to the problem. He pointed out that documents to be used abroad (birth, wedding and death certificates, as well as other civil documents) should contain the proper name of the state of origin.
He observed that foreign countries quite legitimately did not accept improperly sealed documents pursuant to Article 3 of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. Citizens of Bosnia and Herzegovina were thereby prevented from exercising their rights and were caused unnecessary costs due to this example of maladministration.
Following repeated reminders to the Entity Ministries in question, the Ombudsman noted that this inappropriate and for the citizens costly and cumbersome practice finally seemed to have ceased in all of the country. However thus pleased, the Ombudsman invited citizens to report to him, if any example of the old practice should nevertheless occur. He will then undertake appropriate measures.
LECTURES
On 16 August, upon the invitation of the Ombudsman, Ms Caroline Ravaud of the Council of Europe visited the Institution and gave lectures on two topics: "The Strasbourg Court and BaH: Access-Consequences-Litigation" and "The Strasbourg Court on Public Authorities v. Freedom of Religion".
APPENDIX
The Human Rights Ombudsman of BaH is an independent, state level institution, established in February 1996 in accordance with the Dayton Peace Agreement. It shall promote human rights, good governance and the rule of law in BaH. It shall monitor the activities of all public authorities in BaH. It acts either on complaints or on its own initiative. It investigates slow and discriminatory bureaucracy and alleged maladministration regarding areas such as court delays, education and employment issues, freedom of religion, freedom of information, police behaviour, prison conditions and problems of mentally ill and invalids. - On 3 January 2001 it got a new legal basis. 4)
CASE SUMMARY 1 September 2002
Case statistics since 1996
| Registered complaints | Special reports | 19 | ||
| Resulting in | Complaints referred to | |||
| formal recommendation | 2.416 (+ 0) 5) | the Human Rights Chamber | 175 | |
| Resolved otherwise 6) | 5.115 (+129) | Complaints referred to | ||
| To be resolved | 525 (- 49) | the High Representative a o | 1.415 | |
| Total | 8.056 (+ 80) | Prior to the new law registered contacts | ||
| requiring no further formal action | 52.853 7) |
Media Events and other Public Events
On 14 August the Ombudsman was interviewed by "Jutarnji List". On 20 August he gave an interview to "Associated Press". On 19 August the Ombudsman was at wreath laying ceremony on Mountain Igman.
International Contacts
On 27 and 28 August the Ombudsman conducted briefings at the Swedish Foreign Ministry.
Meetings
Meetings were held with the Head of the General Auditor's Legal Department Borislav Matić on 1 August and with Deputy Treasury Minister Gordana Ković and Assistant Treasury Minister Ranko Šakota on the same day. The Ombudsman received CRA Director David Betts on 5 August and had meetings with the Canadian Ambassador and with the German Ambassador on 7 August. Representatives of the NGO "Ship to Bosnia" were received on 15 August. On 20 August the Ombudsman received Assistant Foreign Minister Ana Trišić-Babić and on 21 August Senior Deputy High Representative Gerhard E. Schrömbgens.
1) Official Gazette of BaH-Appendix:International Treaties No. 5/96;
2) Official Gazette of BaH 19/02;
3) Official Gazette of BaH 32/00;
4) The Law on the Human Rights Ombudsman of Bosnia and Herzegovina (BaH Off Gazette 32/00 and 19/02).
5) The numbers in brackets show the changes in relation to the Case Summary of last month.
6) Could imply amicable solution, complaint withdrawn, no violation found etc.
7) 45.385 of these were lodged in early 1998 and became insignificant shortly afterwards due to new legislation.
Newsletter No. 28
Ombudsman za ljudska prava
BOSNIA AND HERZEGOVINA
BOSNIA AND HERZEGOVINA RATIFIED THE EUROPEAN CONVENTION ON HUMAN RIGHTS
On 12 July 2002, the Ambassador of Bosnia and Herzegovina at the Council of Europe delivered to the Secretary General the ratification instruments concerning the European Convention on the Protection of Human Rights and Fundamental Freedoms. By this formal act, Bosnia and Herzegovina, as the 44th member of the Council of Europe, fulfilled one of its post-accession commitments. The European Convention as such was, however, introduced in the legal system of this country via the Dayton Peace Agreement already in 1996.1)
THE LAW ON THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA ADOPTED BY THE STATE PARLIAMENT
On 25 June and 3 July 2002, respectively, both Houses of the Parliamentary Assembly of Bosnia and Herzegovina adopted the Law on the Human Rights Ombudsman of Bosnia and Herzegovina 2), imposed by the High Representative in December 2000. 3)
This commendable step by the State authorities also means the fulfilment of the one of the recommendations set forth by the Consultative Task Force of the European Union and Bosnia and Herzegovina. Other EU recommendations related to the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina given to the State but so far not fulfilled include providing free premises and an increase of the Institution's financial resources to secure its uninterrupted operation.
AWARENESS RAISING BY THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
In order to promote good governance and the rule of law in the country, the Ombudsman had full-page color ads related to the Institution's campaign "Properly, Fairly and Impartially" printed in all major daily newspapers on four consecutive Fridays during June. He also had a leaflet on the same subject reprinted and distributed throughout Bosnia and Herzegovina.
CONTACTS WITH THE MEDIA
On 14 August the Ombudsman held a Press Conference where he presented some recent examples of compliance with his recommendations. He was pleased to note that illegally occupied property belonging to the Catholic Church in Banja Luka had finally been returned to its rightful owner.
“This is hopefully a sign that the political institutions in Republika Srpska have become more mature and understand that property laws must be followed”, says the Ombudsman. “It could in addition be interpreted as a concrete sign of a growing openness towards restoration of diversity in each part of this country”, commented the Ombudsman.
On the basis of a complaint, submitted by the Catholic Church, and after a thorough investigation, a Special Report on “Violation of Property Rights of the Catholic Church and Violation of the Freedom of Religion of Catholic Believers in Diocese of Banja Luka” was issued. The report recommended the RS Government to take all necessary steps in order to restore the possession of the occupied Catholic Church premises in the municipalities of Banja Luka, Bosanska/Kozarska Dubica, Doboj, Gradiška, Kotor Varoš and Laktaši.
“…The Rule of Law applies to all, also to Governments."-said the Ombudsman. "… This case could, however, imply some sort of a turning-point. I now count on future focused attention from the Government, also if changed to some extent after the elections.” -added the Ombudsman.
The Ombudsman was also happy to note that that the practice of using improper seals on documents to be used abroad now seemed to have ceased in all of the country. After investigation, the Ombudsman demanded the appropriate Entity Ministries to attend to the problem. He pointed out that documents to be used abroad (birth, wedding and death certificates, as well as other civil documents) should contain the proper name of the state of origin.
He observed that foreign countries quite legitimately did not accept improperly sealed documents pursuant to Article 3 of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. Citizens of Bosnia and Herzegovina were thereby prevented from exercising their rights and were caused unnecessary costs due to this example of maladministration.
Following repeated reminders to the Entity Ministries in question, the Ombudsman noted that this inappropriate and for the citizens costly and cumbersome practice finally seemed to have ceased in all of the country. However thus pleased, the Ombudsman invited citizens to report to him, if any example of the old practice should nevertheless occur. He will then undertake appropriate measures.
LECTURES
On 16 August, upon the invitation of the Ombudsman, Ms Caroline Ravaud of the Council of Europe visited the Institution and gave lectures on two topics: "The Strasbourg Court and BaH: Access-Consequences-Litigation" and "The Strasbourg Court on Public Authorities v. Freedom of Religion".
APPENDIX
The Human Rights Ombudsman of BaH is an independent, state level institution, established in February 1996 in accordance with the Dayton Peace Agreement. It shall promote human rights, good governance and the rule of law in BaH. It shall monitor the activities of all public authorities in BaH. It acts either on complaints or on its own initiative. It investigates slow and discriminatory bureaucracy and alleged maladministration regarding areas such as court delays, education and employment issues, freedom of religion, freedom of information, police behaviour, prison conditions and problems of mentally ill and invalids. - On 3 January 2001 it got a new legal basis. 4)
CASE SUMMARY 1 September 2002
Case statistics since 1996
| Registered complaints | Special reports | 19 | ||
| Resulting in | Complaints referred to | |||
| formal recommendation | 2.416 (+ 0) 5) | the Human Rights Chamber | 175 | |
| Resolved otherwise 6) | 5.115 (+129) | Complaints referred to | ||
| To be resolved | 525 (- 49) | the High Representative a o | 1.415 | |
| Total | 8.056 (+ 80) | Prior to the new law registered contacts | ||
| requiring no further formal action | 52.853 7) |
Media Events and other Public Events
On 14 August the Ombudsman was interviewed by "Jutarnji List". On 20 August he gave an interview to "Associated Press". On 19 August the Ombudsman was at wreath laying ceremony on Mountain Igman.
International Contacts
On 27 and 28 August the Ombudsman conducted briefings at the Swedish Foreign Ministry.
Meetings
Meetings were held with the Head of the General Auditor's Legal Department Borislav Matiæ on 1 August and with Deputy Treasury Minister Gordana Koviæ and Assistant Treasury Minister Ranko Šakota on the same day. The Ombudsman received CRA Director David Betts on 5 August and had meetings with the Canadian Ambassador and with the German Ambassador on 7 August. Representatives of the NGO "Ship to Bosnia" were received on 15 August. On 20 August the Ombudsman received Assistant Foreign Minister Ana Trišiæ-Babiæ and on 21 August Senior Deputy High Representative Gerhard E. Schrömbgens.
1) Official Gazette of BaH-Appendix:International Treaties No. 5/96;
2) Official Gazette of BaH 19/02;
3) Official Gazette of BaH 32/00;
4) The Law on the Human Rights Ombudsman of Bosnia and Herzegovina (BaH Off Gazette 32/00 and 19/02).
5) The numbers in brackets show the changes in relation to the Case Summary of last month.
6) Could imply amicable solution, complaint withdrawn, no violation found etc.
7) 45.385 of these were lodged in early 1998 and became insignificant shortly afterwards due to new legislation.
