REPORT ON THE ACTIVITIES OF THE HELSINKI
COMMITTEE FOR HUMAN RIGHTS
1 January – 31 December 1998

 

 

In the past period, the Helsinki Committee for Human Rights in BH directed its activities to the following fields:

Monitoring the state of human rights and reacting,
through press releases to their violation
The Helsinki Committee for Human Rights in BH unfortunately had to react already in the first week of the new year, through press release, against the obvious discrimination on ethnic ground, in case of Mladen Ticinovic who had been discharged from the duty of director of Veterinary station in Livno. Such legally ungrounded decision was brought by the Mayor of the municipality of Livno Stipe Barun. According to sources of information of the Helsinki Committee, the decision to discharge director Ticinovic was motivated by the fact that he was keeping multiethnic composition of the organisation he was working for. The employees of the veterinary station went on strike in opposition to such decision. It was demanded from the Mayor of the municipality to annul the decision on discharge of the director Ticinovic.
Concerning the irregularities during the trial to the journalist Senad Pecanin at the Basic Court I in Sarajevo when all the rights of fair procedure were not observed, the BH Helsinki Committee issued a press release emphasizing that the basic principles of the criminal proceedings, which derive from the positive regulations in BH, had been violated during the trial. Namely, Pecanin’s demand to have certain witnesses heard, the right he is entitled to, according to the European Convention on Protection of Human Rights and Freedoms, was denied. At the same time, the Committee committed itself, in view of the fact that the sentence pronounced was of the first instance court and not enforceable, to monitor further course of the court proceedings and to publicly intervene in case that any violations of right to fair trial be noticed.
Mid February, in the cooperation with the Helsinki Committee for Human Rights in Serbia, the Committee sent an appeal to the representatives of governmental authorities of both entities, as well as to the representatives of the international community, to continue to insist on Brcko being a community which would offer equal rights to all the citizens, regardless of their ethnic background. It was also asked that the right of refugees to return to their homes, as well as other principles contained in the Dayton Peace Agreement – must be respected. In the appeal it was said that it was expected from the representatives of both entities as well as representatives of the international community to keep to their obligation set down in the Dayton peace Accord.
Following the armed assault against a group of citizens of Zepce, in which Faruk Hrustic and four more citizens were wounded, the Helsinki Committee issued a public release. The release read that insecurity of person and property characterized the state in Zepce which remained out of the process of construction of the BH Federation and that such state directly jeopardized the members of Bosniak people and seriously brought into question the return of refugees and displaced persons.
It was emphasized that the purpose of this act of violence was to exert pressure against the political opponents and to jeopardize their right politically to organize and act since the victims of the violence were the members of one political formation of opposition. The appeal was sent to political factors of the municipality of Zepce to assume their part of responsibility for normalizing the situation and establishing conditions for normal and safe life of their citizens. The appeals were also sent to OSCE, OHR, UNHCR and IPTF to do all, in accordance with the obligations which they had taken over by the Dayton Peace Accord, to do all in their power to prevent any form of violation and discrimination from repeating in Zepce.
After the incident which took place when Ismet Bajramovic Celo, accompanied with four other men, stormed in the premises of the independent magazine Dani, threatening and harassing the magazine’s editor-in-chief Senad Pecanin and other journalists who were there at that moment, the Helsinki Committee, in its public release, reacted sharply against this act of violence and harassment directed against freedom of media, emphasizing that the responsibility for rule of anarchy which lasts, lies upon the centers of the top ranking political power. The highest state officials were asked to publicly take their stand in relation to increasing number of cases of violence and terrorism throughout Bosnia and Herzegovina.
The Helsinki Committee for Human Rights in BH is an initiator and one of the signatories of the BH NGOs appeal on the occasion of Diplomatic Conference on establishment of the International Criminal Court in Rome (15 June – 17 July 1998) in which all participants of the Conference were asked to enable, through their decisions, creation of such a Tribunal which would be able, on the principles of independent judiciary, to stand against the atrocities which characterized our century. At the same time, the appeal was sent to the authorities of Bosnia and Herzegovina to engage more actively, through their delegation at the Rome Conference, in establishing the independent, impartial, efficient Court that would work following the principles of the world’s highest standards.
The Committee is an initiator and one of the signatories of the press release of BH NGOs, gathered in the Civic Alternative Parliament, stressing the issue of about 21,000 almost forgotten missing persons in Bosnia and Herzegovina. Both entities were asked to disclose all the information that might be of help in the process of search for these persons.
In order to find out what was the state and position of Rom people in Zavidovici, the Helsinki Committee for Human Rights in BH, in cooperation with the Center for Protection of Minorities’ Rights and the “Independent” from Zenica, organized one-day fact-finding mission on 7 July 1998. On that occasion, three settlements were visited in which citizens of Rom ethnic background lived. After the return from Zavidovici, a joint press release was issued emphasizing very difficult position of Roms in that town, and at the same time appealing to both local and BH Federation authorities to pay greater attention to their position and social status. Another letter was sent to Rasim Kadic, Minister for Social Policy, Refugees and Displaced Persons of the BH Federation government in which, among else, it was pointed out that due attention should be paid to the issue of housing, unemployment and schooling of the Rom children. Namely, the fact that only one Rom child attends the school is more than alarming. In consideration of the duty he performs, Mr. Kadic was asked to address this problem, within the framework of his powers and possibilities.
On the occasion of incident when a bomb was thrown in front of the premises of the editorial office of Dani magazine on 29 July 1998, the Helsinki Committee sent a letter of support to the editor-in-chief and his associates – journalists of the magazine, qualifying this terrorist attack as attack upon the freedom of media, press and right to difference.
In appreciation of significant contribution of Mister Tadeusch Mazowiecki in shedding light on the crimes of genocide, crimes against humanity and war crimes committed in Bosnia and Herzegovina, as well as his high moral attitude toward violation of human rights and indolence of the international community, the Helsinki Committee for Human Rights in BH, by mid of August, nominated him for human rights award of the United Nations, acquainting the public of this, through press release issued on that occasion.
From the very beginning of the September pre-election campaign, the monitors of the Helsinki Committee were actively engaged in the monitoring of pre-electoral activities of the political parties. The course of the September general elections was directly supervised by the monitors of the Helsinki Committee at 49 polling stations in the following places: Sarajevo and its suburban area (Rakovica, Vogosca, Ilidza, Hadzici, Pazaric, Tarcin) Livno, Tuzla, Mostar, Kiseljak, Kresevo, Modrica and Gradacac.
Several days before the September elections, precisely on 8 September, the Helsinki Committee issued a press release giving its qualifications of the conditions for their taking place. It was stated that in the preparations for elections many things were done to improve the conditions for fair and democratic elections. This statement especially referred to the amendments to the Provisional Rules and Regulations, and to greater accessibility of media to all the candidates. It was also noticed that there had been certain improvements in the area of freedom of movement, associations and peaceful gathering. On the other hand, the attention was turned to intimidations and physical assaults against the candidates of the opposition parties and to the fact that those accused of war crimes, among whom Radovan Karadzic, had not yet been brought before justice, largely contributing to the atmosphere of fear, distrust and anarchy, especially in some parts of Bosnia and Herzegovina, be further maintained.
After the end of elections and arrived reports of monitors, the Helsinki Committee issued a press release in which it gave evaluation of elections. It was emphasized that elections were held under much more favorable conditions as compared with all the other post-war elections. High level of security of voters and respected freedom of movement were the main characteristics of these elections. In spite of this, there were registered individual incidents in Zvornik, Banja Luka, Stolac and Bihac. At some polling stations, some members of polling boards were incompetent. It was also found out that the appearance of some ballots and way of voting presented difficulties to some voters and contributed to their confusion. At the end, estimating the held elections positive, it was stated that they contributed to democratization of Bosnia and Herzegovina and affirmation of the electoral process.
Following the publication of several articles in the independent magazines Dani and Slobodna Bosna with some alarming information concerning the work of the secret services, in its public release the Helsinki Committee asked from the Presidency of BH and Chairman of the Presidency Mister Alija Izetbegovic to give their opinion of the events in which the members of secret services were involved and which produced the feeling of insecurity, fear and suspicion among the citizens of the country. On that occasion, the Committee was of opinion that the legislative bodies of this country should have the authorization to control the work of secret services, i.e. that they had to be accountable for their work to the highest representative bodies in Bosnia and Herzegovina, this being one of the essential factors in the functioning of democratic system.
At the joint press conference of Human Rights Watch and the Helsinki Committee for Human Rights in BH, held in the Human Rights House of Sarajevo on 14 November, the Committee especially emphasized the issue of unclarified murders in BH which happened since 1 September 1996, 20 of them in total according to sources of the Committee, as well as the issue of discrimination of refugees returning to Velika Kladusa concerning their employment.

Publishing activities
At the beginning of the year, the Helsinki Committee for Human Rights in BH finish printing of two hundred copies each of its issues “What is Fair Trial?”, “Protection of Human Rights” and “Manuel for NGOs Working in the Field of Human Rights” which were later distributed to all the individuals and national NGOs that were interested in having them.
In the past year, the Committee published totally 23 issues of the bi-weekly bulletin “Faxletter”, which is, apart from being distributed by mail, fax and e-mail, distributed through Internet site of the Helsinki Committee, established in February. A fact that in only one month, more than 6,000 visits to the Internet site of the Helsinki Committee speaks enough of the interest of people living abroad in the situation in our country. Besides “Faxletter”, on this Internet site, all other publications published by the Helsinki Committee by now can be found.
At the end of August, the “Album of Human Rights” was printed in 5,000 copies. This Album is trying, in a special way, along with illustrations and comments, to explain to the children in elementary and high schools what the human rights are and what they are composed of.
Until now, 2,010 copies of the Album were distributed. The first reactions are positive, and the Swedish Helsinki Committee showed interest to translate this book in Swedish and Albanian language. In addition, the weekly magazine Svijet prints one of the human rights, with comment and illustration taken over from the “Album”, in its every issue.
In order to make human rights popular throughout Bosnia and Herzegovina, a color poster was made which contains, apart from the first sentence taken over from the article 1 of the Universal declaration of Human Rights of the UN, illustrations taken over from the “Album of Human Rights”. About 700 copies of this poster were distributed to all the relevant institutions, organizations and individuals both in the BH Federation and in the Republic of Srpska. The post-cards with the same motif were also printed.
The finalization of the project the “Glossary of Human Rights”, which started at the beginning of the year, is in the course. The glossary shall contain notions and terms closely related to the issue of human rights. It will be made parallel in Bosnian, English, French and Arabic languages and shall contain 8,000 notions and terms. We expect it will be out of printing in January 1999.
The translation of the book “International Human Rights” by Jack Donelly is completed. The author authorized the Helsinki Committee to publish this book in our language. Preparations for printing of this book are in course.
We expect that the book will be out of printing in February 1999.

Workshops, public debates and round tables
In Mostar, at the end of February, in the organization of the Helsinki Committee for Human Rights in BH, the second workshop for monitors of human rights was held. The workshop was attended by the monitors from Bijeljina, Sarajevo, Kiseljak, Mostar, Gorazde and Tuzla. The first day of the workshop was dedicated to the issue of minorities and its monitoring, while the second day was dedicated to the issue of media. In this workshop, in the capacity of lecturers, there were Prof. Dr. Nedjo Milicevic, Prof. Dr. Slavo Kukic, Zoran Udovicic and Dusan Babic – experts for media.
The third workshop was held in Bijeljina on 12 and 13 June. The monitors from Bijeljina, Kiseljak, Doboj, Sarajevo and Mostar took part in it. The following topics were discussed:

The lecturers were: the lawyer Senka Nozica, Elodi Kantie Aristid – coordinator for human rights in the UNMIBH in Brcko and Humberto Pereira – the representative of the IPTF in Bijeljina and Srdjan Dizdarevic - President of the Helsinki Committee for Human Rights in BH. On that occasion, the following was given to the monitors:
“Reminder for monitors of elections in BH” prepared by the Helsinki Committee for Human Rights in BH, of which the monitors had very good opinion. During their visit to Bijeljina, the monitors visited the premises of the Helsinki Committee for Human Rights in Republic of Srpska and discussed the state of human rights in the RS with Branko Todorovic, President of the Committee.
During this year also, the Helsinki Committee for Human Rights in BH has continued the realization of the project “Education in the field of human rights” for students of high schools.
Thus, on 15 September in Fojnica (central Bosnia – BH Federation) two lectures were held for the students of the Mixed School Center, on the topic: “International Sources of Human Rights” and “Institutions of the state of BH and BH F Responsible for Protection of Human Rights, established by the Dayton Peace Agreement”. The lecturers were Mrs. Sevima Sali – Terzic (renowned lawyer and legal expert in the International Human Rights Law Group) and Mister Amir Jaganjac (judge of the cantonal court of Sarajevo and a member of the Helsinki Committee for Human Rights in BH). The lectures lasted for two school hours, and 68 students were present. On that occasion, the present students were given copies of the Universal Declaration of Human Rights, the European Convention of Human Rights, and one post-card of the Helsinki Committee with illustrations taken over from the “Album of Human Rights”.
At the end of October, a contact with the cantonal Ministry of Education, Science, Culture and Sport of Una-Sana Canton was established and preliminary agreement on the realization of the project in this region was reached. Presently, we are in the phase of making selection of schools since there is a number of them in this region.
A cycle of lectures in the Mixed School Center in Fojnica was continued on 4 December with two more lectures held on the topic: “Significance and meaning of human rights in modern democratic states” and “International organizations for protection of human rights”. The lecturers were Mrs. Selima Sali – Terzic - legal expert in the International Human Rights Law Group and Mister Amir Jaganjac - judge of the cantonal court of Sarajevo. The lectures lasted for two school hours and there were 76 students present. Since the students were not present at the two former lectures held on 15 September, they were given copies of the Universal Declaration of Human Rights and the European Convention of Human Rights.

Broadcasting of TV Telops on Human Rights
In the middle of April, three TV telops were made with the following messages:

Each telop contained one illustration symbolically explaining certain rights.
Telops were being broadcast for one month on TV OBN in the period from 27 April to 27 May in terms from 18:30 to 20:00 hours. The Helsinki Committee decided to offer the first broadcasting to TV OBN since this TV house covers with its signal the greatest part of the BH territory and it is being watched by the great number of people both in the BH Federation and in the Republic of Srpska. It is our intention to offer these telops to other TV houses in the up-coming period, not only to the territory of the BH Federation but to the Republic of Srpska as well.
Editing and preparing for broadcasting of short film of Polish Helsinki Committee is presently in course. The name of the film is: “UN System for Protection of Human Rights”. It is our intention to offer this film also as telop to as great number of TV stations as possible throughout BH, to enable many more people to watch it. We expect that this film will be ready for distribution in January 1999.
In the past year, about 300 citizens addressed the lawyers of the Helsinki Committee. One should bear in mind that the lawyers have been working on certain number of files which were transferred from the last years, but which have not yet been resolved.
The citizens were mainly complaining about the housing and property rights. Until 4 April, the possibility of return of citizens to their apartments they have tenants’ right to was not legally regulated. On 4 April, the Parliament of the BH Federation adopted the Law on Cessation of Application of the Law on Abandoned Apartments, by which a legal framework was created for return of apartments. Now, the citizens are faced with other obstacles: the courts slowly resolve citizens’ claims and even when they bring verdict, it is not being applied because the executive bodies got political instructions not to act in accordance with the decisions brought by the courts.
There were registered the cases of discrimination of citizens, on ethnic ground, who wish to return to their apartments. The members of minorities’ peoples very seldom succeed in returning to their apartments, even to their private houses and property. The citizens also complained of (about 30 cases) violation of right to work and right to labor relationship. The basic complaints refer to unlawful discharging, misuse of the institution of “waiting for job” and unlawful dislocation of workers to other work posts.
Certain number of pensioners, who got their pension from the former Yugoslav Army, also complained to the Committee. They are being paid only 50% of gained pensions, this being reasonably ungrounded.
Certain number of pensioners complained of not receiving their pensions if they are not present personally in the permanent place of residence. There are also complaints of irregular payment of pensions, which delay, in some places, for five months.
The Committee was also addressed by the families of missing persons, asking for help in search for their closest relatives. The Committee also mediated with the Helsinki Committees in Serbia, Croatia and Macedonia in order to protect citizens rights to property and citizenship.
The lawyer of the Helsinki Committee has made all necessary works for renewal of court proceedings to Savo Ivanovic, who had been sentenced for war crimes during the war. On the basis of expert opinion, it was found out that Ivanovic could not have committed the crime he had been accused of. Until now, the competent court refused twice the request for renewal of proceedings. In our opinion, it is about the obstruction politically motivated. We reacted after the complaints of some under age children who are in imprisonment pending trial in Sarajevo. According to their quotations, the children were being beaten up and kept under conditions not conforming to the criteria for under age children detention.
The monitors monitored the trial in absence to Fikret Abdic, accused of war crimes. The trial was taking place in Bihac. It is halted for indefinite period of time.
Monitoring of trial and renewed trial to Milan Hrvacevic, also accused of war crimes, was made.
Monitoring of trial to Ibrahim Djedovic, accused of war crimes against civilian population and war crimes against prisoners of war, was also made.

Cooperation with Other National Helsinki Committees
and International Organizations
Traditionally good cooperation with Norwegian and Swedish Helsinki Committees has been, in this period also, reconfirmed through the realization of certain joint projects and through financial support by these two committees as well.
Apart from good cooperation with these two committees, the BH Committee has had a good cooperation with the Helsinki Committees in Republic of Srpska, Serbia and Poland. We should also emphasize certain degree of cooperation with the Human Rights Watch, i.e. with its representative for Europe and Central Asia, Mrs. Holly Cartner.

Establishing and Strengthening NGOs Network in BH
This year, the same as in the last year, the Committee took part in forming and strengthening the NGOs network in Bosnia and Herzegovina. A significant support, expressed in initiating the activities and establishing the first contacts, was given for establishing the “Center for Promotion of Human Rights and Democracy” in Mostar – the first such organization in this city.
The Committee also supported the “Center for Protection of Minorities’ Rights”, through providing offices for normal and undisturbed work. The Center started working at the beginning of this year.
In the past period, the Office of the Helsinki Committee for Human Rights in Mostar, focused its activities to the following: monitoring of human rights in Mostar, monitoring of implementation of agreement on return of people to their homes to both parts of the city – as well as to the entire Herzegovina-Neretva canton, and giving free of charge legal assistance.
As the main bearer of the activities, out of local NGOs, in the realization of the project “Human Rights House of Sarajevo, the Helsinki Committee gave support to the Human Rights House Foundation – Oslo, in making contacts with local relevant institutions and individuals as well as in offering the premises and equipment of the Committee for performing their work. A great part of the job was made, relative to the selection of location and house, its purchase, and administrative issues as for the ownership and registration of the new non-governmental organization, the Association Human Rights House of Sarajevo which will take care of the “House” to function properly. The Human Rights House of Sarajevo was officially opened on 18 September, in presence of numerous guests, representatives of the international community and national NGOs.

 

No 31-12-98