PUBLIC REPORT
Office of the High Commissioner for Human Rights (OHCHR)
Europe, Central Asia and North America region
QUARTERLY REPORTS OF FIELD OFFICES
March 2005
Distribution: PUBLIC Date: March 2005
Original language: English
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Europe, Central Asia and North America region
Page Nos
- Bosnia and Herzegovina 2
- Former Yugoslav Republic of Macedonia 10
- Serbia and Montenegro 15
- Tajikistan (UNTOP) 23
- Georgia (UNOMIG/HROAG) 28
- Regional Advisor for Central Asia (Kazakhstan
Kyrgyzstan, Tajikistan & Uzbekistan) 32
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PUBLIC
Office of the High Commissioner for Human Rights
Human Rights Field Operations
BOSNIA AND HERZEGOVINA
(Period: covered: August November 2004 – November February 20053)
1. Executive summary
On 16 December, the High Representative to BiH, Paddy Ashdown announced the start of a process designed to address the systemic weaknesses in BiH’s law enforcement security institutions as regards their inability to tackle networks supporting indicted war criminals, which resulted in BiH not being accepted for membership into NATO’s Partnership for Peace program. OHR’s measures included, among others; the removal from office of 9 officials believed to have helped war criminals and their networks; an instruction to the RS Prime Minister Dragan Mikerevic to set up a group under the supervision of the EU Police Mission to study documentations produced by the Srebrenica Commission with a deadline of end of February; a demand for an acceleration of Defence Reform; the creation of a single system of policing as recommended by the Police Restructuring Commission, and an amendment to the BiH and Entity Criminal Codes to require all family members except the spouses, parents and children of the accused to cooperate with police investigations and to give evidence in war crimes trials.
The US Government additionally decided to block the bank accounts of individuals and to prohibit the travel of officials of the SPRS and SDS parties, for the same reasons. In addition, the High Representative said that if BiH fails to qualify for a third time for PfP, he will “not hesitate to take further measures that deal directly and powerfully with the assets and institutions of the RS”.
As a result of these measures, the RS Prime Minister, Dragan Mikerevic, resigned the next day, while two RS Ministers followed his lead and resigned their Ministerial positions in the BiH Council of Ministers. This caused Government crises in both the RS and at state level.
2. Human rights context
Taking this into account the lack of respect for rule of law and human rights in BiH, it was clear an assessment of respect for the highest standards of human rights and freedoms guaranteed by the BiH Constitution required an analysis of the situation in the field. OHCHR organized a series of roundtable meetings in honour of International Human Rights Day, with civil society representatives and domestic experts of different profiles. This was also a way to assess to what extent the BiH authorities have fulfilled their obligation to bring domestic legislation in line with international standards.
The most important aspect of the roundtables was the scrutiny of the institutions for human rights protection in BiH, with special attention paid to the effects that resulted from the closure of the BiH Human Rights Chamber at the end of 2003. It was concluded that during 2004 there was a certain level of stagnation and further degradation of the institutions for human rights protection. There has been no adequate replacement for the Human Rights Chamber, which raises the issue of adequate and effective legal protection for citizens where their human rights and freedoms are concerned. Also, the planned process of reform of the Ombudsmen’s Offices created a situation in which this institution is more focused on the reforms as opposed to dealing with citizens’ human rights concerns. This situation is additionally complicated by the passive attitude of some parts of the international community in BiH towards human rights and freedoms.
Of concern to the participants was also the non-transparent process of the adoption of laws, done in a non-democratic way, as well as implementation of other reforms for different areas that also cause the deterioration of citizens’ human rights. The laws are often adopted in shortened - emergency procedures, without public debate or the participation of civil society and domestic experts, or are often imposed by the High Representative. This process is conducted without a clear strategy from BiH authorities, resulting in BiH legislation serving as a testing ground for different experiments, without any efficient mechanisms of monitoring and evaluation.
These concerns have produced certain recommendations to be treated as priority steps of action. These recommendations, together with conclusions[1], were presented at a conference held December 10th, International Human Rights Day, by OHCHR to the Council of Ministers for the purpose of ensuring adequate actions by the responsible authorities. The BiH Prime Minister, Adnan Terzic, opened the conference. It received wide coverage by the national media that included statements by Head of Office, NGO participants and state and entity government officials.
The Government responded to the recommendations presented, agreed with many of them and pledged to take them seriously by including them into their action plans for this year where applicable. The suggested recommendations should ensure efficient rule of law and respect for human rights in BiH. The Government also requested the support of OHCHR in carrying out BiH’s international obligations.
The roundtable discussions were attended by people who are, in practice, tasked to implement reforms and apply new legal provisions, as well as those who are engaged in the process of human rights protections, therefore OHCHR has amended its project document for 2005 in accordance with the adopted recommendations.
Therefore, the key issues for OHCHR for the reported quarter are; trafficking in persons, organized crime and smuggling, rule of law, gender, poverty reduction strategies, vulnerable categories, and others that were addressed through concrete activities:
· Advocacy (support) for the revision of the existing legal framework for; privatization, gender equality, domestic violence, trafficking in persons, rights of civilian victims of war and other vulnerable categories.
· Trial monitoring for the purpose of monitoring implementation of the ECHR, especially its provisions related to fair and impartial trials, since a new legal framework was established in BiH, as well as witness protection during pre-trial and trial proceedings, as well as afterwards.
· Monitoring human rights violations, especially with regard to new forms and content with an emphasis on discrimination, and reviewing vulnerable categories.
· Monitoring new legal reforms and especially their impact on citizens’ human rights and freedoms
· Support the establishment of partner relations between government authorities and the NGO sector
· Support for the strengthening of the constitutional court as an institution, having jurisdiction over cases that were previously under the Human Rights Chamber
3. Activities undertaken (linked with part 4.)
On 28 October 28, Justice Ministers of the South East European States adopted the “Sarajevo Declaration”, by which they committed their Governments to bring their national instruments for fighting organised crime in line with the UN Convention against Transnational Organised Crime [COMM.: Why is this important for our work?].
3.1. Trafficking, organised crime and smuggling
In November discussions were held on the revision of the National Action Plan of BiH, organised by the BiH National Coordinator’s office, during which OHCHR was asked to provide legal expertise and input. There are many concerns about the current trafficking situation in BiH, especially after one trafficking victim died of AIDS in Mostar in November. Issues also remain regarding identifying individuals as trafficking victims and the media’s reporting on trafficking victims without protecting the individual’s dignity and confidentiality.
At a regular meeting held in November of the Inter-Agency Trafficking Working Group, the participants concluded that prevention of trafficking must be treated as a priority next year, as BiH has become a country of origin.
In December OHCHR completed a manual for advisors to persons who have been trafficked, which is now being translated. This was a major undertaking, made possible by the U.S Embassy, and it is hoped that training on the manual will commence as soon as it is practical in 2005.
3.2. Addressing ongoing impunity in the context of rule of law reform
National Prosecution of War Crimes. As a result of a successful donor conference in the Hague, there is now sufficient funding to proceed with the plans to transfer cases from the ICTY, to be tried before the State Court of Bosnia and Herzegovina. [COMM.: Why is this an activity of OHCHR? It should go into the context section and the relevance for our work indicated. ENDCOMM.]
Criminal Procedure Code. National staff of the office Ttrained defence lawyers from the Federation and Republika Srpska on the application of the Criminal Procedure Code, with a special focus on the European Convention on Human Rights as a tool for overcoming its flaws and inconsistencies. The office Pprovided expertise to drafters of the Criminal Law Commentary.
Witness Protection. Represented OOHCHR atparticipated in a Working Group Meeting on Wwitness Pprotection. [COMM.: With whom? What is it about? Is it regular? ENDCOMM.] PStaff provided analysis and commentary on the draft law on the Administration of the Witness Protection Program.
Gender issues. [COMM.: Please write in full sentences. ENDCOMM.]
Participated in the process of creating a State Action Plan.
Participated on a meeting with Gender Centres, Parliamentarians, Gender Commissions and NGOs, which was organised to discuss methods of implementation of the Gender Law in BiH.
Participated in the drafting process of the Law on Domestic Violence, organised by Gender Centres in cooperation with NGOs, judges, policemen and social workers.
Continued activities with partners (UNDP, UNICEF, Gender Centres) to ensure the implementation of the Gender Law. [COMM.: Concrete examples? ENDCOMM.]
Privatisation. The damage being done to workers through unregulated privatisation was highlighted in the case of the strike against the Citrus company in Bihac. [COMM.: Why? How? What is the case about? ENDCOMM.] OHCHR’s intervention with OHR did force action to be taken and OHCHR [COMM.: his is impossible to understand. ENDCOMM.] will now do a detailed report on the human rights issues around privatisation, which this case exemplifies.
Law reform
Upon request from several parties, OHCHR monitored the trial of the former deputy director of INTERPOL in BiH. The major concern was, initially, the length of time the defendant had been in custody and the delay in bringing proceedings to a conclusion. During the course of the monitoring, other concerns arose and OHCHR will raise these with the appropriate organizations.
Real concerns arose regarding witness security; the court is badly designed with witnesses for both parties waiting in the same corridor. There is also only one entrance and in general it does not lend itself to proper witness protection.
OHCHR will continue to monitor both this and the high profile case of Ante Jelavic, the former president of the HDZ and former Croat member of the BiH Presidency.
Decertified police officers
There has been no progress on this issue. The High Representative is awaiting intervention with DPKO by the High Commissioner. A brief was submitted to the HC by the field office in November. The Prime minister of BiH requested the expert opinion of the Venice Commission on this issue.
Human RIGHTS AND TERRORISM
OHCHR assisted with the visit to BiH of the US lawyers who are representing the Bosnian detainees in Guantanamo, by facilitating contact with BiH officials and wives of the detainees. Acting on a decision by the Council of Ministers, the BiH Prime Minister sent a letter to the US Government requesting the return of four BiH citizens currently in detention in Guantanamo.
Gender
OHCHR was requested by NGOs and the Gender Centres of both entities to participate in a public discussion on the amendments to the FBiH Family Law and the writing of the Law on DomesticViolence. In an effort to ensure harmonisation between these two laws and the existing legal framework which deals with domestic violence, (particularly with the Criminal Code and the Gender Law), OHCHR provided legal expertise and facilitated dialogue between the Government and NGOs.
The local elections held in October throughout the country, resulted in very few women being elected to office. The BiH Gender Law states that equal gender representation in public life is a requirement. OHCHR together with the UNDP Project for Implementation of the Gender Law, have concluded that an analysis of the Gender Law and whether or not it was implemented in the local elections is necessary in order to avoid similar results in the general elections that will be held in 2006, especially since the BiH Election Commission has not provided any gender analysis of the results of the local elections. Such an analysis should also reveal the gaps in implementation and in understanding of the relevant provision of the gender law by the political parties, the election commission and others.
3.3. Human rights framework for migration
OHCHR facilitated the transfer of the best operational practices in migration cases from Canada to officers within the BiH Ministry of Security, and will continue to cooperate in this process.
OHCHR initiated the creation of a WG for the drafting of the Rulebook for the Protection of Victims of Trafficking, on the basis of the new Law on Movement and Stay of Aliens and Asylum and the existing Temporary Instruction on Protection of Trafficked Victims.
3.3.1. Rights based approaches to development and poverty and reduction strategies
The PRSP is still underin the drafting process and should be completed by the end of the year. The PRSP Co-ordination Office is making remarkable efforts at trying to integrate human rights throughout the document.
A working group of NGOs and national institutions was set up to develop a rights-based PRSP monitoring mechanism (including methodology and indicators) in BiH. (See V. Impact)
On 3 and 4 October, OHCHR was invited by OSCE to a Conference on the role of parliamentarians in human and economic development in South East Europe – with Parliamentarians from BiH, Serbia, Kosovo, Macedonia and Albania. OHCHR was the chair and rapporteur for a workshop on the role of parliaments in supporting PRSP processes and implementation. This was the occasion to highlight the role Parliamentarians can play in promoting and protecting human rights through the PRSP. Overall, it was recognised that Parliaments have not been involved enough in PRSP processes in the region and that their awareness and role should be increased as well as their function of mediator with Government and society at large. Parliamentarians’ implication at all stages of the PRSP process (participation, preparation of the document, adoption of the PRSP, implementation, monitoring and review) would be fundamental to the institutionalisation and transparency of the process. It could also be instrumental in reinforcing Government’s accountability. [COMM.: This is an excellent paragraph and good example to follow above. ENDCOMM.]