REPORT ON ACTIVITIES OF THE HELSINKI
COMMITTEE FOR HUMAN RIGHTS IN BH
Reporting period: 1.1.1999 – 31.12.1999

This year also, as in previous years, the Helsinki Committee for Human Rights in BH directed its activities to the promotion and protection of human rights in Bosnia and Herzegovina. It has continuously monitored the situation and reacted toward the state and international bodies and institutions in cases of violations of human rights.
The Committee has also been engaged in the education of population through preparations and publishing books, booklets and posters in respect of human rights.
In this year, the Committee has focused its activities particularly on the position and state in media in BH as well as to solving the issue of missing persons and it also continued rendering free of charge legal assistance.

Statements, open letters, round tables, public debates, press conferences
In the organisation of the Helsinki Committee for Human Rights, the documentary film “Crime and Punishment” by Norwegian Director Maria Warsinski was presented in Sarajevo, on 5 January. The film speaks of genocide committed over Bosniaks in July 1995 by Serb ultranationalists headed with General Ratko Mladic, war crime suspect. More than 200 people attended the projection of the film. After the projection, there was discussion dedicated to this massacre and terror the victims of which were about 10,000 people. The representatives of international community, Elisabeth Rehn (Special Representative of the Secretary General), Mr. Robert Barry (Head of OSCE Mission to BH), representatives of survived people of Srebrenica as well as members of families of three men of Srebrenica sentenced to severe jail sentences in the Republic of Srpska) took part in the discussion. From the meeting, a letter was sent to the High Representative in BH Carlos Westendorp with request to do all in his power to find the truth on missing people of Srebrenica.
At the beginning of February, the Committee was engaged in establishment of an Interest Group dedicated to the issue of missing persons, composed of representatives of several national non-governmental organisations from both BH entities. The initiative meeting was held in February. On that occasion, it was discussed how the non-governmental sector could contribute to resolving one of the most painful issues in these territories – issue of missing persons.
At the second meeting, held on 16 June, the possibilities based on local initiatives in search of missing persons were discussed, and a joint letter was sent to the highest officials in Bosnia and Herzegovina, Republic of Srpska and BH Federation in which it was stated that little was done in giving information and responses on requests of the International Red Cross by the authorities of BH, Republic of Srpska and BH Federation and officials were asked to invest additional efforts in improving efficiency of the Working Group for Missing Persons led by the International Committee of Red Cross. Copies of letter were sent to the OHR, Head of the OSCE Mission to BH, ICRC and PHR.
Aimed at obtaining more concrete information on missing persons, we had discussions with representatives of the Association of Citizens “Mother of Enclaves of Srebrenica and Zepa”. We also had a meeting with Abdurahman Malkic, deputy of the Assembly of the Republic of Srpska and member of leadership of the municipality of Srebrenica with whom we discussed the role of non-governmental organisations in solving the issue of missing persons, and the way in which the non-governmental organisations can more efficiently be included in their solving.
Immediately following the end of the Conference on Pact of Stability for Southeast Europe, held in Sarajevo, the Helsinki Committee for Human Rights in BH sent a letter to the highest officials in Bosnia and Herzegovina in both entities suggesting them to, pursuant to the principles of the Pact on Stability, in the domain of their responsibility and competence, depoliticise the composition of the police forces in Bosnia and Herzegovina. In connection with this, the Committee proposed that steps be undertaken in order that members of police forces, except the minister and deputy minister renounce their membership in political parties, thus creating starting suppositions for constitution of the police according to the high European standards. A copy of the letter was sent to Bodo Hombach, Special Co-ordinator for Stability Pact, Robert Barry, Head of the OSCE Mission to BH as well as to Martti Ahtisaari, Chairman of the European Union.
A meeting with representatives of the organisations of families of missing persons was held in Sarajevo on 20 and 21 November. The meeting was attended by the representatives of Bosniak, Croat associations as well as representatives of associations from the Republic of Srpska, Federal Republic of Yugoslavia and Croatia. In addition, the representatives of the International Committee of Red Cross and International Commission for Missing Persons also attended the meeting.
The Committee dedicated the observance of the 10 December, Human Rights Day, to the issue of missing persons in BH. For that purpose, 2000 post-cards were printed on the backside of which it was written in local and English language: “Do not forget the missing persons”. The post-cards were sent to statesmen, politicians, media, non-governmental organisations, bodies specialised in search for missing persons. Certain quantity of the post-cards was given to associations gathering families of missing persons that sent them to addresses of their own choice.
The representatives of the Committee took part in peaceful manifestations in the centre of Sarajevo on 10^th December. Posters were being held with inscriptions asking for response on all questions put by the families of missing persons and for greater engagement of politicians in resolving this issue. Media covered both delivery of post-cards and the manifestation on the streets of Sarajevo and BH public was adequately informed of it.
From the very beginning of the year, the Helsinki Committee monitored the state of freedom of media and freedom of expression. After six-month monitoring in this field, analysis and estimate were made according to which the state in media and journalism is very difficult. The public was informed of this estimate at the press conference held in Sarajevo on 14 June. On that occasion, about fifteen examples of assaults against or pressures over independent media and journalists were mentioned. Very difficult material position, especially of independent media was also emphasised – this also affecting freedom of expression and freedom of media. This time, the Helsinki Committee pleaded for the acts of libel and defamation to be out of criminal law, and to be treated within the civil proceedings.
In the second half of August, after detention of Senad Avdic, editor-in-chief of the magazine Slobodna Bosna by the police in the premises of the cantonal court in Sarajevo, the Helsinki Committee for Human Rights, in its press statement, interpreted this act as assault against freedom of expression and assault over journalist profession. At the same time, the Committee reminded of the decision of the High Representative by which criminal proceedings against a journalist for his writing was suspended.
Because of more and more frequent cases of inaccessibility to sources of information and no transparency in the work of organs of authorities at all the levels as well as public enterprises and institutions – this depriving citizens of their right to be informed, the Committee on 14 September, issued a press statement appealing to organs of authorities and managers of public enterprises and institutions to adapt their behaviour toward public and media to the highest international standards in this field. It was also demanded from the government and the Parliamentary Assembly of BH as well as from both entity governments and assemblies to adapt laws on freedom of information as soon as possible by which right of citizens to be informed will be guaranteed.
Together with the Human Rights House of Sarajevo, on 5 November, the Committee organised a round table on the topic: Attacks against Media - Who is Next? Representatives of journalists’ associations, ministries of internal affairs of both entities, representatives of judiciary, lawyers, some of editors-in-chief and renowned journalists were invited. It was stated that two most dangerous professions in BH currently are profession of journalists and profession of deminers. It was also emphasised that politicians warm up atmosphere in which a democratic act is to attack journalist or to place bomb below his car. It was concluded that police forces and courts are not efficient or have no desire to be efficient in catching and punishing persons responsible for threatening freedom of media and journalists. This round table attracted attention of media and the whole BH press informed of it.
On 21 and 22 September, the Committee realised fact-finding mission in Drvar, Bihac, Cazin and Velika Kladusa. The members of the mission were Srdjan Dizdarevic and the members of the Steering Board of the Committee: Mirko Sagolj and Dr. Nedjo Milicevic. A journalist from Sarajevo’s daily accompanied the mission. During the visit to Drvar, a meeting with representative of the OHR in this town was not realised although the meeting was timely announced on 8 September, because Peter Chapel, chief of the office, escaped to meet the members of the mission. Wolfgang Petritsch, High Representative in BH was informed of this in an open letter sent to him on 25 September. In order to inform the public on its observations in respect of the state in the mentioned places, the Committee organised press conference on 5 October in which the representatives from Cazin and Velika Kladusa also took part. On that occasion, the public was informed of the very difficult situation of human rights in visited places, this being proved by numerous examples of violations of fundamental human rights of citizens.
The Committee has, together with the Helsinki Board for Human Rights in the Republic of Srpska, sent a proposal to the Head of the OSCE Mission to BH, Robert Barry, not to accept candidature for upcoming elections in BH of those politicians who live in apartments of refugees and displaced persons who expressed their wish to return. The letter emphasised that that respect of the Annex 7 of the Dayton Peace Agreement which foresees return of refugees and displaced persons to addresses on which they used to live in 1991 must be obligation of each candidate for electoral functions.
The proposal was based on the principle according to which candidates who do not accept the Dayton Peace Agreement can not be on the election lists. Provisional Election Commission accepted this initiative and brought regulation regulating this issue.
After the unlawful detention and investigation of Senad Husidic from Velika Kladusa, the Committee sent an open letter to Alija Izetbegovic, a member of the BH Presidency and the President of the Party of Democratic Action informing him of the case. On that occasion, Mr. Izetbegovic was informed of the very difficult state of human rights in Una-Sana Canton and was asked to do all in his power as a member of the highest state organ and as the President of the Party of Democratic Action in order that law be respected as well as rights of each citizen thus creating prospects for normal and dignified life of all those who live in Bosnia and Herzegovina or intend to return to live here.

Seminars and training
On 18 and 19 June, in Gorazde, a workshop was held on the topic “Role of NGOs in Protection of Human Rights”. Representatives of nine non-governmental organisations from the Republic of Srpska and the same number from the BH Federation, then representatives of the Association of Independent Intellectuals Circle 99, Citizens’ Forum from Tuzla and GAP took part in it. The following topics were discussed in the presence of thirty participants and representatives of local means of information:
1. State of NGO in the region of Eastern Bosnia –Slavko Klisura from Gorazde and Nenad Lucic from Visegrad spoke about it;
2. Role of NGO in protection of human rights – introductory speech was delivered by Vehid Sehic – Citizens’ Forum from Tuzla;
3. State of human rights in BH and mechanisms for protection – Srdjan Dizdarevic
During the two-day discussions, detailed estimate on the state in the region was made and the goals of NGOs and way of their realisation were set up. The participants estimated the workshop as very useful and successful.
In the organisation of the Helsinki Committee in BH, in the House of Human Rights of Sarajevo, on 16 October round-table on the topic: “Violence against children and rights of children” was held. This round-table served for exchange of information on the state of rights of children in entire Bosnia and Herzegovina and for making agreement on actions aimed at promoting children’s rights and their protection, particularly in the light of observance of 10^th anniversary of the UN Convention on Rights of Child. The representatives of the Helsinki Committee for Human Rights in BH and the Helsinki Board for Human Rights in the Republic of Srpska, non-governmental organisations “Our Children”, “Education Builds BH”, Helsinki Citizens’ Parliament, Ombudsmen’s Office, representatives of international NGO dealing with protection of children’s rights and representatives of judiciary took part in the discussion. It was emphasised at the meeting that, after the war, there are 30,000 children without one parent and 1,800 children without both parents. Several thousand children are disabled children and about 50,000 children live as refugees and displaced persons. It was also emphasised that children are the greatest victims of mines. There are still about 3 million mines in BH and there is insufficient care of the authorities for children that are practically left to non-governmental sector to take care of them. The issue of education was particularly pointed out to the sense that it is not up to the needs and that it is not at the level achieved in the developed countries.
The Committee took part in the work of regular annual seminar of the Human Rights Houses, held in the Human Rights House of Sarajevo, in the period from 28 to 31 October. The seminar was attended, beside the representatives from BH, by the representatives of the Human Rights Houses from Moscow, Bergen, Oslo, Tirana and Warsaw. The seminar was organised in a form of lectures and discussions on certain topics. Introductory speeches were delivered by Robert Barry, Zarko Papic and Senad Pecanin. The participants estimated the seminar as useful and positive one that contributed to the exchange of useful information and experiences. They also emphasised that the holding of such seminar is of extreme importance having in mind very severe violations of human rights of citizens of this city during the passed war.
In the period from 2 to 4 December in Sarajevo, workshop for representatives of non-governmental organisations was held under the topic: “Training in Managing Projects”. 12 representatives of NGOs from both entities took part in the workshop, which was conducted by two experts from Slovenia. The participants’ feedback information concerning the outcome of workshop was more than positive. Apart from educational part, the workshop gave opportunity to participants to exchange opinion, acquired experiences and to establish new contacts.
The representatives of the Helsinki Committee for Human Rights in BH, together with members of the Circle 99, at the beginning of December, visited Velika Kladusa, Cazin and Bihac. In these three cities of Una-Sana Canton, there were three public debates held on the very current issue of respect of human rights and freedoms. These debates confirmed the need of more frequent visits in the field and more frequent contacts with representatives of NGOs which assist in obtaining information about the state of human rights, in encouraging activities in the field and make positive effects on the situation in certain regions.

Publishing activities
As in previous years, this year also, the Helsinki Committee continued publishing books from the field of human rights. Thus, second edition of the book “International Human Rights” by Jack Donnely was translated. The book speaks of international relations in the field of human rights from the end of the Second World War, i.e. of the ways the states and other international organisations refer to the issue of human rights. We deem the book to be valuable for all those who wish to know something more of this issue. We also realised a project of English-French-Bosnian “Glossary of Human Rights” by author Delila Dizdarevic. This glossary is intended for the activists in the human rights organisations and to professionals who are engaged in this issue. The aim of the Glossary is to enable better understanding of literature on human rights in French, that is, in English language and adequate translation of texts from Bosnian/Serb/Croatian to English and French languages. The promotion of these two editions was held at the Human Rights House of Sarajevo on 28 September 1999 and heads of promotion ceremony were: Dr. Hanifa Kapidzic Osmanagic, Dr. Ugo Vlaisavljevic and Mrs. Elisabeth Rasmusson on behalf of the OSCE Mission to BH.
In the period from 15 January to 15 December 1999, the Committee issued 22 issues of Faxletter in local and English language. The bulletin was distributed by mail, fax, e-mail to about hundred addresses throughout Bosnia and Herzegovina and to about hundred addresses abroad. The Bulletin was also possible to find on Internet site of the Helsinki Committee. According to the last information, in the period from January to December 1999 Web page of the Helsinki Committee was visited by 70,251 visitors, this being 5,854 visitors per month. We deem that this information speaks enough of how much our compatriots are interested in the situation in BH, particularly in the state of human rights. In this way, the Committee is trying to contribute to the realisation of the Dayton stipulations, primarily of those in respect of repatriation of refugees and displaced persons, democratisation and strengthening of civil society in these territories.

Legal assistance
For the purpose of obtaining better organisation and efficiency in rendering legal assistance to parties addressing the Committee, we made reorganisation of this activity. Namely, we employed full time job lawyer, working with parties every day.
Thus, in the period from the beginning of the year till the end, there were 3,250 cases registered for processing and 600 cases were taken over from the previous years.
85% of cases refer to housing and property issues, and 15% to labour, pension-disability field and other fields of rights and their protection.
During the processing of the mentioned cases and contacts with competent bodies we would emphasise the following:
- Legal terms are not respected, either in making decisions on the basis of submitted claims, or in responding to complaints or in second instance procedures. All the municipal bodies of the administration of the Canton of Sarajevo, in all disputes, are trying to prolong the procedures as much as possible, better to say, not to process them in order that temporary tenants of apartments continue realising “more rights” than they have according to the law. Reasons for justification are being searched for every day and the last situation between municipalities and Canton is primarily aimed at slowing down the implementation of the decision of the High Representative and the realisation of the minority returns according to the Sarajevo Declaration;
- Already signed decisions in the first and second instance “travel” for months from municipality to Canton and vice versa, i.e. to the parties;
- The parties complain of incorrect, bureaucratic relation of officers who almost always escape to receive them.
For this reason, the parties visit the Committee more and more often and there are about 30 parties personally coming to the Committee and the number of telephone calls, discussions, questions and requests and other forms of contacts is approximately the same.

The OHR, OSCE, UNHCR, Director of the Directorate for Housing Issues of the Canton of Sarajevo and Chiefs of Departments in the municipalities are informed of all the activities of the Committee. If necessary, we also inform other international bodies, organisations and courts of certain cases, depending on the type of dispute.

Co-operation with other national Helsinki Committees and international organisations
We realised co-operation, through financing of certain projects, with the Committees in Norway and Sweden, NED Foundation (National Endowment for Democracy) from the USA, and with the International Helsinki Federation in Wiena.
We should also mention a very good and fruitful co-operation with the Helsinki Board for Human Rights in the Republic of Srpska.

Sarajevo, 31 December 1999
No. 40-12/99