REPORT ABOUT HUMAN RIGHTS SITUATION
IN BOSNIA AND HERZEGOVINA

January - December 1999

Four years after the Dayton Peace Accord in Bosnia and Herzegovina, rightful legal order has not been established as comprehensive normative and institutional framework for fulfilling and protection of human rights and freedom. Constitutions of BH, Republika Srpska and Federation BH, and with that the line of laws, have not been completely brought into accord with European Convention for human rights and international standards, which are covering human rights areas.
In political sense, the country has been divided outside the constitutional order, on three parts by ethnic principle in which dominate nationalistic parties and oligarchies. That brings into continued obstruction of government institutions, especially in central government institutions, and continuation of making important decisions outside government bodies and practical rule outside constitutional system. Great Serbian and Great Croatian pretentiousness toward BH, which inspires radicalism of extreme forces among Serbs, Croats and Bosniaks.
International authorities among all influenced on a change of political context in the state and the region. Major importance for it had military intervention of international forces lead by NATO in Federal Republics of Yugoslavia and positioning of KFOR in Kosovo. Pressure on government in Croatia was also increased in order to respect Peace agreement. Essential importance for the future of BH and wider region was Stability Pact for Southeast Europe. However, real effects of such project can be expected only after elimination of Slobodan Milosevic’s government and democratisation in Croatia after Franjo Tudjman.
International peace mission increased pressure on local politicians on key aspects of implementation of Dayton Peace Accord. SFOR has acted more actively on arrests for war criminals and on overall security complex. In the meantime, the change on leading positions of the peace mission in BH took place. High Representative has more often used his authorities to prevent obstructions of the peace process by local leaders and stirred normalisation of the situation in the country. Arbitrary decision on Brcko district under international supervision is also very important. The goal of the arbitrary decision on Brcko as a district is to establish multi-ethnic government, create conditions for return of Bosniaks and Croats, promote and protect human rights in that area, which should be accessible for everyone in BH. High Representative’s intervention in housing and property rights segment should create conditions for massive returns of refugees and displaced persons, and contribute to establishment of the rule of law in this capital area.
Therefore, political context is still reflecting negatively on human rights segments. On the other hand, that topic is becoming more and more present in the public life, politics and government bodies. Increased work of institutions established under Dayton Peace Accord with leading role of foreigners - Human Rights Commissions (Ombudsmen and Human Rights Chamber) and commission for real property claims for refugees and displaced persons. However, disregard of implementation of their obligatory and final decisions is evident. True, Federal government has made the decision on obligatory carrying out of federal ombudsmen legal remedies and decisions formed within the Peace Accord. RS still does not have ombudsmen institution.

WAR CRIMES
It is still very difficult to get the whole truth about war crimes and its victims. Structure and number of arrested and convicted is not in proportion with committed crimes.
According to BH statistics bureau data, during the war in Bosnia in from 1992-95, 278.000 people was murdered, killed or missing. 55% of that figure or 140.800 are Bosniak nationality, 34,9% or 97.300 Serbs, 10,2% or 28.400 Croats and 4,4% or 12.300 other nationalities. The agency claims that deviation can be up to 5%. Before the war the population of Bosnia and Herzegovina was over 4 million. By mid May all names of 70.000 of dead Bosnians and Herzegovinians were recorded. According to ICRC data 20.143 people are recorded as missing.
Estimates say that BH will completely be cleaned of mines in 15 years. Exhumations are more intensive and conducted domestic commissions formed by entity-national factor as well as experts by international war crimes tribunal. Co-operation between entity governments on exhumation has been advanced. However, politics is still present in exhumation announcements of exhumations and funerals, especially in 'dzenaza' (Muslim funeral). Exhumation process is still very slow due to financial and other restrictions. Exhumations are conducted in different regions, but the special attention is given to exhumations of bodies of Bosniaks, victims of Serb extremists in Srebrenica and East Bosnia area. Remains of 250 men were found in the biggest mass grave near Srebrenica, with evident cases of additional interventions in order to cover proofs of mass crimes. By September this year, 2.200 bodies were found in mass graves. Big problem is also the funeral of 1.300 victims, mostly Bosniak nationalities from east Bosnia, whose remains are kept in collective funeral centre in Tuzla.
Painful issue of missing persons remains open. BH government and governments of neighbouring countries still turn their backs to cries of families of missing people to give them information about the destiny of their beloved. Families of missing persons constantly insisted, even demonstrated in order to gain (ANNEX 7) their basic human right to know the truth about their relatives. Women of Srebrenica were the most active in that field. Even the pressure by human rights associations, including numerous pressure by Helsinki Committee for human rights in BH or letters by interest group made of several NGOs active in human rights and development of democratisation in BH sent to relevant politicians, gave no results.
In the midst of November, UN Head Quarter " made public the "report about Srebrenica" containing the statement that trough harmful policy this world organisation caused tragedy of Srebrenica and death or disappearance between 10-12.000 Bosniaks murdered by Serb extremist and others expelled. UN general secretary Kofi Annan's report says: "In Bosnia and in Kosovo, the international community tried to reach a negotiated settlement with an unscrupulous and murderous regime," it says. "In both instances it required the use of force to bring a halt to the planned and systematic killing and expulsion of civilians."
This report admits responsibility of UN for reluctance in use of air forces to defend areas stated as Protected zone by Security council. The report gives hints about responsibilities of Holland battalion in UNPROFOR, top envoy Yasushi Akashi of Japan. of former general secretary Boutros Ghali and commander of UNPROFOR forces Lt. General Bernard Janvier of France in military actions lead by former president of RS Radovan Karadzic and RS army commander Ratko Mladic, and which could not be done without an order or agreement of Federal Republics Of Yugoslavia President Slobodan Milosevic. Investigation about Srebrenica tragedy was initiated by Dutch Parliament.
SFOR has arrested four Serb war crime suspects for crimes committed on Bosniaks and Croats, then brought to Hague on trial before International War Crimes Tribunal.
Four Serbs are Dragan Kolundzija, Radoslav Brdjanin, Radomir kovac and Damir Dosen. During the arrest, Serb Dragan Gagovic was killed directly before his car when he tried to attack SFOR soldiers. Special importance has the arrest of RS Army commander general-colonel Momir Talic. He was arrested by Austrian police during the international meeting in Vienna, upon the 'secret' Hague Tribunal indictment. Relation toward war crimes and criminals is best illustrated in the fact that former President of RS Nikola Poplasen brought the decision about amnesty of three Serb men sentenced on 10-15 years in prison in Federation courts. Poplasen made this decision three days before he was replaced by former High Representative Carlos Westendorp. Pardoned Savo Ilic, Dusko Pasalic and Milan Hrvacevic were sentenced by domestic courts upon prior agreement of the Hague tribunal that the procedure against them should be conducted in the main country and given to RS government under condition that they'd continue to serve prison sentence there.
After many pressures, Croatian Government extradited BH Croat Vinko Martinovic Stela to international war tribunal. However, Zagreb government does everything to avoid extradition go other Croat from the same indictment Mladen Naletelic Tuta whose appearance before Hague tribunal could reveal evidences of responsibilities of highest officials in Croatia for Croat Army military actions in BiH and crimes against Bosniaks. Federal police arrested Bosnjaks Adem Landza, and Miralem Macic, suspect for murder of one Serb family - Golubovic and their two little children. Third suspect, a professional soldier in Federal army surrendered himself.
RS and Federal Republics Of Yugoslavia government refuse to complete their duties in revealing war crimes and criminals. Croatian government is very tough in its resistance for full co-operation with war crimes tribunal and refuses among all to extradite to BH government Fikret Abdic, Bosniak who is on the international warrant for suspicion that he committed war crimes on Bosniak civilians and war prisoners. Serb nationalists in RS and Federal Republics Of Yugoslavia and Croatian in F BH and Croatia are openly supporting convicted, arrested or suspect war criminals. Even prominent political leaders are joining them, for instance collective presidency member Zivko Radisic assembled RS High Military Defence Council after the arrest of Talic calling it the act of attack on RS, Serb nation and Dayton Peace Accord. Croatian Democratic Union has organised with the help of some highest officials in BH several money collection activities for Croats in Hague prisons.
After that, Hague tribunal made the decision to stop paying their lawyers.
Most responsible for war crimes such as Radovan Karadzic and Ratko Mladic are not still arrested. Slobodan Milosevic has joined them on the list of suspects, which is important political and legal fact. True, Milosevic is indicted primarily for crimes committed in Kosovo, but it's necessary to activate file concerning his involvement in BH and Croatia. Anyway, US government has dedicated $ 5 million for information concerning the arrest of Karadzic and Mladic.
Changes also took place in War Crimes Tribunal in Hague announcing more intensive activities of this institution. In that context, Tribunal demands decisively full co-operation with peace forces and international authorities in general. Tribunal operates slowly in modest premises and with great financial difficulties.
In this year, Hague tribunal has sentenced Serbs Dusan Tadic on 25 years and Milomir Tepes on 13 years in prison. Sentence to Serb Goran Jelisic has been restated from genocide charge on murder charge due to the lack of evidence. Croat Ante Furundzija was sentenced on 10 years and Zlatko Aleksovski on 2-˝ year in prison. Aleksovski was released after the verdict, since he spent three years in prison from the moment of his arrest. Serb Maksim Sokolovic was sentenced on 9 years in prison in German town Dusseldorf for collaboration in genocide over Bosniaks.
Canton court in Sarajevo has sentenced Serb Goran Vasic on 10 years in prison for war crimes against civilians, also upon prior agreement with Hague tribunal. Federation BiH Supreme Court has modified death sentences for Serbs Borislav Herak and Sretko Damjanovic on 25 years in prison. Canton court has modified earlier death sentences into 40 years in prison. Canton court stated Serb Miodrag Andric not guilty after four years spent in prison after very unreliable witness's statements of two Bosniak men.
Canton court in Sarajevo has sentenced Asif Alibasic on four years and three months in prison for giving the knife for murder of a Serb woman and then assisting in throwing the body of her husband into the ditch. He is also convicted because he never reported the murder of five Serb men executed by Bosniaks, members of BH Army in Sarajevo. That was the first condemnation of crimes committed on location Kazani, Sarajevo area. Truth about crimes committed o that location has not been revealed yet.

RETURNEES, DISPLACED PERSONS, REFUGEES
According to Union of Refugees and Displaced Persons in BH data, four years after the war half of the pre-war population or around 2,200.000 people has not returned to their pre war addresses (around 1,2 million refugees in more than 100 countries and one million displaced persons). According to information by local and international institutions involved in refugee return issues, by the end of November 1999, 619.636 refugees and displaced persons have returned in BH (412.000 Bosniaks, 114.000 Serbs and 82.000 Croats). Around 1,5 million people live outside their pre-war homes and 837.000 citizens are displaced throughout BH borders.
It is indicative that refugee return is faster than return of displaced persons. Significant number of displaced persons became displaced persons upon the return. From total 272.217 returns of displaced persons, 193.162 or 70% have return to Federation BH and 79.055 in RS.
Reasons for slow returns process is primarily of political nature. It is based in the aspiration to preserve consequences of genocide, ethic cleansing and "human resettlement". In that context less the security aspect. Although, generally looking, freedom of movement and general security have increased, hostility towards returnees are expressed verbally or in terrorist acts. Key problem is a legal matter, due to usurpation of apartments, houses, land and office spaces of refugees and displaced persons throughout the country. There lies the capital importance of November intervention of High Representative Wolfgang Petritsch in housing and property areas, which should provide access to apartments, and properties of refugees and displaced persons in shortest period of time. That process has started, but it is certain there will be tough resistance. Very important is also the economic aspect, since it is obvious that outside financial investment aren't enough, with better motivation of return from abroad. There is also the problem of unemployment. In general, there is no unique strategic return program to provide co-ordinated and more efficient action in mass return. For all these reasons, there is a danger that instead of return to their homes, wins apartment, house and property exchange. In addition there is a great number of Bosnians and Herzegovinians who have decided to permanently settle in abroad. At the same time, due to political and economic reasons, post war emigration has been intensified mostly in USA, Canada, Australia, and New Zealand. According to Helsinki Committee for Human Rights in BH November data, around 50.000 BH citizens are waiting for immigration visa for above-mentioned countries.
Information indicate that due to political discrimination and poor economy without perspectives, around 30.000 Bosniaks from Una-Sana Canton have left the area ruled by Party for Democratic Action. Helsinki Committee for Human Rights in RS reports an information that approximately 40.000 people have requested immigration visa through embassies in Vienna and Budapest.
In 1999, number of returns has increased, but the process is still very slow with great difficulties of political, security, legal nature. Highest number of returns is in countryside since agriculture and cattle provide some existence. Strongest resistance is in towns which were multi - ethnic before the war. Although the pressure by International Community is strong and constant with full support of local democratic community, returns of non-Bosniak citizens in BH capital, Sarajevo is very slow. Croat nationalists still resist to mass returns of Bosnjaks and Serbs, especially in West Mostar, Stolac, and Capljina. However, RS still has the biggest resistance, from capital Banja Luka to East Bosnia, place of the biggest mass crime on Bosniaks.
However, increased returns to Sarajevo Mostar and central Bosnia are estimated positively in Federation BH and in Prijedor and Bijeljina areas as well as the initiation of Bosnjak returns in East Herzegovina in RS. Special encouragement comes from Prijedor municipality and Bosniak returns. That is the place of mass crimes over Bosniaks and Croats committed by Serb extremists and location of notorious civilian prison camps. Significant example is Kozarac where Serbs and Bosniaks formed local government bodies in charge of water supply and utility with equal division of authorities in assembly and local community executive board. On returns areas one can see examples of inter-ethnic solidarity and renewal of neighbours trust.
However, examples of negative relation toward returns and returnees are still numerous.In RS, targets of attack are Bosniaks and their property. There are examples of bomb thrown on Bosniak house in Bijeljina and blown house in Lusci Palanka, return of returnees in settlement Fazlagica Kula near Gacko was 'welcomed' with shelling attack with six shell grenades. Particular disturbance was in case of the attempt of murder of Bosniak returnee Munib Hasanovic, Secretary of Srebrenica Municipality. He was attacked by unknown attackers in municipal building toilet, tied and brutally beaten, tied his neck with the rope and stabbed with the knife. Bosniak and Croat returnees in Modrica are constantly molested by Serb extremists. Very serious incident took place when more than 500 Serbs, among them great number of women attacked about 60 Bosniak returnees in village called Tarevci (Modrica municipality). Bosniak returnees were cleaning their houses and back yards, preparing houses for reconstruction. In the assault, 8 people were severely and lightly wounded, 23 vehicles destroyed. Day before the incident, 25 Croats were expelled from Tarevci. Two bombs were thrown on Coalition for Return premises and two Bosniak returnees. Houses of four Bosniak returnees were destroyed, one Bosniak women attacked with stones, one Bosniak was a victim of masked attackers who beaten him and threaten him with slaughter, and took him all money. Serb nationalists prevented also the return of 30 Bosniak families in village Vecici. Extraordinary public attention got persistence of 150 Bosniak who tried without success to return to their village Kopaci near Gorazde, settling at the end in tents close to the village, maintaining in their goal to return in spite of cold and great number of ill. Serb side has persistently refused return of Bosniaks in Kopaci, and International Community can not find solution for this situation.
There are cases among Serbs for returns and contact with Bosnjaks. Group of 30 Serbs temporarily settled in Srebrenica was stoned by Serbs who visited their homes in Tuzla (Federation BH), and met their Bosniak neighbours. Car with loud speaker was circling around Srebrenica calling all to mob assault of wicked Serbs. Srebrenica does not even allow return of 1.600 Serbs who became refugees because they did not want top be in war. Grocery store (Fazlagica kula) owned by a Serb was attacked because he sold some goods to Bosniak returnees.
Four Bosniaks were arrested under suspicion that they have killed two Serb old women in settlement Blazuj near Sarajevo. These and similar cases can not be primarily motivated by nationalistic reasons, but in every case create further the inter-ethic distrust and endanger returns process. Serb returnee in Vrapcici near Mostar was attacked by Bosniak refugee from Gorazde. In settlement Rastani in West Mostar where Croatian Democratic Union holds power, three explosions destroyed the reconstructed house of a Serb returnee. In Ostrozac near Jablanica where Party For Democratic Action has power, a bomb was thrown on the house of a Serb returnee. Group of 60 Serb returnees visited Gornja and Donja Bocinja near Maglaj after the blockade terminated by police action. These are villages where now live foreigners with radical Islamic orientation and have BH citizenship based on participation in BH Army or by marriage with local Muslim women.
Terrorist acts concerning the return of Bosniaks and Serbs were expressed on similar way in Croat dominated areas ruled by Croatian Democratic Union with the use of bombs and other explosive devices, physical and verbal threats, in other words constant psychological pressure. Croat nationalists were especially active to prevent Federation BH final football championship between Croat and Bosniak clubs on city stadium located on West Mostar, using bombs and threats. Bosniak returnees were attacked 17 times in Stolac, with explosives and bombs, burning their houses and using physical attack. Three Bosniak women returnees were slightly injured along with one Croat and one Bosniak who tried to protect them. In settlement Visici, Capljina municipality, stones were thrown on a returnee house, two days after 20 Bosniak returned to the area. Croat nationalists burned down houses and threw bombs on returnees in Prozor/Rama. Assaults on Bosnjak returnees were recorded in Konjic, Kiseljak, and Vitez, Dokanj settlement near Tuzla. Explosive device almost completely destroyed the house of Bosnjak returnee in Donja Vecerska near Vitez.
Hostility acts toward Croat returnees were mostly recorded in Central Bosnia where Party for Democratic Action holds power. Number of Croat returnees in Bugojno has increased, but some of them were attacked by Bosniak nationalists. Similar situation is in Travnik municipality. Two Croat houses were burned down in Mostar settlement Polje, projected for Croat returns.
Great number of incidents took place in Drvar (Federation BH) which had highest Serb pre war population. After the war, it was mainly settled by Croats. Radical Croats constantly tried to prevent more and more successful Serb return by burning down houses, thefts and intimidation. Tensions have culminated in mass fistfight between Croat settlers and Serb returnees without bigger consequences, and due to intervention of local and international police. Croat settlers have protested earlier due to the sexual assault on a Croat woman, which resulted in severe injuries of five Serbs, and 15 Serbs expelled from their homes.
After that, assault on two Serb women occurred, and all resulted with the decision of International Community on temporary suspension of returns in Drvar. Such decision was brought in neighbouring Livno canton where Croatian Democratic Union also hold power. Again reason was conflict between Croat settlers and Serb returnees.
During the whole year, information about usurpation of private and socially owned property arrived almost regularly throughout RS and major part of Federation BH.
Commission for real property claims (CRPC) of refugees and displaced persons was established under Dayton Peace Accord and has received over 65.000 decisions on apartment and property return by late October. CRPC constantly sends warnings on obligatory role of their decision, which also explains bad results in its implementation. Human Rights Chambers is in similar situation. Beside great number of refugees living in other peoples' apartments and houses, local governments, especially in RS, often illegally state termination of occupancy rights on private properties and allow construction of houses from refugees and displaced persons of their nationality and construction of other objects (market centres, sports halls).
Similar situation is in 'socially owned property'. Manipulations with it were the reason why High Representative Carlos Westendorp brought the decision banning all manipulation with this property. He also annulled all permanent occupancy rights, which was de facto taking away occupancy rights from pre-war owners and gave it to new owners. Lately great misuse of house reconstruction funds was recorded. One of examples are Croats who don’t want to leave Herzegovina and return to their homes in Bugojno and Kakanj in central Bosnia. On the other hand, some Bosniaks from Gorazde illegally occupy someone else's apartment using their houses as weekend house. Great resistance to implementation of occupancy rights was expressed by Presidency member Alija Izetbegovic, who called all government bodies not to implement valid decisions about evictions.
Especially difficult situation of displaced persons who could not manage 'on their own', and who live in collective refugee centres. Only in Tuzla region, there are 13 such centres with Bosniaks from East Bosnia. Some of them are on unsuitable places (mountains, minds, landslides, and ditches). Hygiene is on very low level with often terminations of water supply due to unpaid bills, shortage of food and clothes, woods and stoves. Adults are unemployed, and children don't go to school.
NATO intervention has caused great refugee flow from Federal Republics Of Yugoslavia to Bosnia and Herzegovina. RS, which has 9.500 registered Serb refugees from Croatia, received 20.000 refugees who mainly returned after the bombing. 15.000 Bosniaks and Albanians came from Federal Republics Of Yugoslavia to Federation BH. They all mostly returned to their homes. Part of refugees from Federal Republics Of Yugoslavia was settled at their relatives and friends, and some (like Albanians) were placed in collective camps. Occasionally there were disputes over life conditions in camps, and sometimes on personal level. First collective centre was near Sarajevo and then they were quickly moved in West Bosnia with majority Serb pre-war population, which caused occasional disputes. There were also incidents between refugees and Sarajevo police due to resettlement of Albanians on different location.
BH Parliament has finally adopted refugee laws, asylum, and immigration from BH and displaced BH citizens.

DISCRIMINATION
Beside prevention in return or attacks on return, so-called minority ethnic groups were often exposed to different forms of harassment and discrimination. All takes place with passive behaviour of government and police, and often with their support and participation.
Bosniaks in RS and their property were often exposed to attacks during NATO intervention in Federal Republics of Yugoslavia. Over 50 attacks on Bosniaks were recorded in several cities of this entity. Beside that three times bombs were thrown on Bosniak houses in Banja Luka. National intolerance was even demonstrated in RS National Assembly in physical attack on Bosnjak MP Dzevad Osmancevic by president of RS War Veterans and Invalids Board. Bosniaks were also exposed to attacks in areas with Croat majority controlled by Croatian Democratic Union, especially in West Herzegovina. On Croatian Republics Day, citizens of West Mostar organised firework, which disturbed citizens of East Mostar. On the same night, a bomb was thrown on new café shop on East Side. Explosive device was activated on city stadium, which ended with ban of playing Football Championship Finals in Federation BH.
22 explosions and six killed were recorded in Central Bosnia Canton in first ten months. Special targets were Croats in this canton controlled by Party For Democratic Action. Policemen were among biggest casualties. Five cases of threats to individuals and institutions were recorded on early November. Croats and their institutions were mostly targeted, i.e. Catholic School Center in Travnik. Special interest had an incident with posters, which were threatening Croats, and looked as if they were sent by a radical Islam organisation.
Serbs from planes near Sarajevo controlled by Party for Democratic Action also reported cases of intimidation, especially in Ilidza area. Their objection is to the government, which is building roads and other constructions without an agreement with owner whose land they’re using.
Returnees from minor ethnic groups are exposed not only to physical and verbal assault, but also to discrimination of local government. In that sense, return of Bosniak and Croats in Modrica has been delayed (Republika Srpska), although 50 houses were reconstructed and ready for settlement, because government demands huge amounts of money, impossible for Bosnian economic situation, to link them into Electro system. Government also demands payment of all utilities from the period they were refugees.
Target of attacks in Modrica were also gypsies. Dozens of their homes were destroyed building sports fields instead. Repression in Modrica is best illustrated in the local government decision that all who returned in Modrica after Dayton Peace Accord had to be called on 45-day long military manoeuvres, which was in fact forced labour on a local farm. Men who served “military service” were placed in barracks with full prison regime.
Livno government ran by Croatian Democratic Union is also using Electric utility to condition Bosniak returnees. In the midst of winter, government threatened to cut the electricity due to unpaid bills in period 1993-97. when no Bosniak from Livno was employed and could not pay electricity bill. Livno is well known in job discrimination. One of such cases is Mostar Aluminum company “Soko” with almost 100 per cent Croat employees, although before the war great number of employees were Bosniak and Serb nationalities. Federal Ombudsmen warned that such kind of ethnic discrimination was characteristic for other places in BH. Among all, Croats were objecting on small number of their ethnic group members on leading directors’ positions in Sarajevo.
In some municipalities, such as Visegrad with Serb ultra nationalists on power, local assembly representatives do not allow placing Bosniak returns issue on the agenda. On the other hand, Serbs are objecting on regulations in Gradacac Municipality constitution concerning language and alphabet as main obstacle for return placed by Party For Democratic Action. In this case it is the issue of Serb language and Cyrillic alphabet use in schools. Unfortunately, F BH Constitution is discriminatory toward those who are not Bosniak and Croat ethnic background, among all in language area.
Discrimination on political grounds is especially distinctive in Una-Sana Canton controlled by Party For Democratic Action. Targets of local officials are members of Democratic Peoples Union DNZ, which was majority of votes in Velika Kladusa and Social Democratic Party. Members of these parties are often discriminated, fired without reason. In case they win the court case, decisions are not implemented. Teachers who are not members of Party for Democratic Action in Velika Kladusa and Bihac are very often targets of attacks. Members of opposition parties from this Canton initiated creation of Citizens’ association due to discriminations of any kind and violated human rights and freedom. Party for Democratic Action tends to preserve political monopoly over displaced Bosniaks from Modrica and Vukosavlje who are not settled in Gradacac. All those outside Party for Democratic Action are obstructed in achievement of their refugee and displaced persons' rights. Party for Democratic Action expressed special rage concerning the creation of List for Modrica for next elections, as an NGO made of most capable people from all three nations, and which had biggest support among people. Party for Democratic Action called this list anti-Bosniak act. Many teachers can not get job on political level in Gradacac, while inexperienced but dedicated members of Party for Democratic Action take their positions.
International intolerance is also expressed in several dates and falsified historical facts. In that sense, Prijedor is celebrating April 30 when Serb extremist committed mass crimes on Croats and Bosniaks in that area in 1992. A book published in Modrica is full of historical falsifications ,which are presenting Croats and Bosniaks from that area as nazis and fascists, blaming them for the last war. On that level is the information about the status of archives, documents, country collection and cultural and historical heritage building, which is completely minimising the existence and role of Croats and Bosniak in Modrica municipality.
Religious holidays have been mostly celebrated in tolerant atmosphere. However, there were cases of religious intolerance expressed by gunshots, explosions and damages of holiday symbols. Bishop conference has issued a protest statement against flyers dispersed throughout central Bosnia ,which were “ mocking and offending the truth and sanctities of Catholic religion”, indirectly blaming Islamic Community for not criticising it. Reisu-l-ulema has himself publicly attacked TV BH presenter who as Bosniak has not called Jesus Christ by Kur’an’s name ‘Issa’.
Many attacks on religious buildings took place in areas with Bosniak majority, and Party for Democratic Action power. Serb Orthodox Church premises in Tuzla were stoned, as well as Catholic church in Konjic. Several tombstones on Catholic and Orthodox cemetery in Sarajevo were destroyed, same as tombstones in Catholic cemetery in Travnik and Zavidovici. About 30 Bosniak tombstones were damaged in Banja Luka and Prijedor on Orthodox holiday St. Peter’s Day. 60 Bosniak tombstones were damaged during the seventh anniversary of Croat Defence Union in Vitez.
Positive religious’ rights information are concerning the first post war celebration of Muslim holiday Kurban Bajram, reconstructed mosque in Klis, city with Serb majority. Religious ceremonies in time of Rammadan were performed in Zepce, with pre-war Bosniak and post war Croat population. Catholic church in Janjici (Republika Srpska) was reconstructed as well as the church in Kostajnica near Konjic with majority of Bosniaks. Serb Orthodox Cathedral in Sarajevo was also reconstructed.
Many Catholic and Muslim temples were destroyed in Republika Srpska during the war. Islam and Orthodox religious objects were destroyed or heavy damaged in areas controlled by HVO. Least damages of Catholic and Orthodox institutions were in Bosniak majority areas. Republika Srpska never implemented the decision of Human Rights Chamber to give permission for reconstruction of seven mosques, among them Ferhadija (very valuable cultural and historical monument) in Banja Luka as a part of elimination of Bosnjak religious rights and freedom discrimination. Mayor of Banja Luka, Djordje Umicevic was replaced due to the resist to this reconstruction. Resistance to mosque reconstruction in West Mostar on Balinovac location was also defeated. Opposite to recovery of inter-religious trust tendency, many churches in Republika Srpska were built on former mosque locations.
Illustration of post war political manipulation is the fact that 8 crosses were placed on 4-8 meters in Zepce area (municipality with tendency to establish ‘Croat majority municipality’) as a protection of that area. There are examples where politicians unofficially ignore reaffirmation of religious tolerance attempt. That way, the initiative of SFOR Nordic Battalion religious officer stationed close to entity border between Modrica and Gradacac, to build a church in one and mosque in other town, was not accomplished.
Every creation of Inter-religious council in BH is positive. However, religion issues are still under great influence of nationalistic parties and under pressure by extremists. Speaking about ‘conscience’ , that category is legally regulated in Federation BH and not nominated in Republika Srpska.
Retreat from war times is more and more focusing on problems of affirmation and protection of children’s rights who have suffered all horrors of the war and its consequences. Thousands of children have stayed without parents, homes, homeland, their education was terminated as well as the normal adolescent life and development. Simply said, they were placed in abnormal conditions. Crimes committed on children during the war are disregarded, faith and consequences as well as physical and sexual abuse of children.
Politics still wishes to direct children's destinies towards exclusiveness, separation and hatred. In school curriculum’s, textbooks and nationalistically religious motivated teachers, children are being placed in generations which based on intolerance are raised into generation of new warriors. Peace mission has intervened in removal of contents from textbooks which are promoting hatred and intolerance, but the problem is much deeper and it's concerning overall environment where children are raised - from parents' influence to influence of religious and school teachers. In Una-Sana Canton, religion is obligatory not facultative school subject, exclusively teaching Islam religion. Arab language is also obligatory (which is not bad), but the bad part is that children are obliged to take Arab lessons and that children have not other option to take, i.e. facultative lessons in high schools - civil society, human rights, ecology). Military training is also obligatory in Una-Sana Canton which is completely opposite to legal provisions which are allowing conscience excuse, in other words a chance to replace military activities and guns with humanitarian and other useful social activities. Children from that canton are victims of repression due to political orientation of their parents. Human rights activists have recorded examples of physical abuse by 'pedagogues'.
Right for education on language of your choice within ethnic group in certain areas has turned into total antipode. Under political pressure, children from public schools have been separated in special schools. That is highly representative in Federation BH parts with Croat minorities. In areas with Croat majority controlled by Croatian Democratic Union, i.e. Odzak, curriculum has been completely adopted from other country - Croatian Republic which is being implied, completely groundless, as a homeland for Bosnian Croats.
It is logical that children of small number of Bosniaks, Croats and other in Republika Srpska have exclusively Serb orthodox determined curriculum’s based on religious and national exclusiveness.
Catholic school centre student were recently physically and verbally harassed by juvenile Bosniak Muslims. This school attend Croat pupils as well as children of other nationalities. It is already mentioned that great number of children in refugee camps stay outside education system.
Extremity of ruthless political discrimination of children is deprivation of humanitarian aid donated by 'others' . In that sense, municipal government in Modrica does not allow disbursement of financial aid clothes and shoes for ten children without parents organised by local red Cross with an explanation that " Serb children don’t need such aid" even though many people in that entity live on the edge of starvation. On the other hand, High Saudi Arabian Committee for Aid in BH is donating aid exclusively to children of 'straight' Bosniaks, depriving the aid to children whose parents have different religious and political views, or other religions. That aid is also publicly in classrooms donated to children without one or both parents, with cases of offending and ridiculing other children.
Same as war, post war sexual abuse of children is not in centre of public attention. Convention in Sarajevo held on that topic pointed on difficulties in revelation and processing of juvenile sex violence. It is emphasised that 16% of all forms of violence on children is sex violence. Assailants are mostly men, 40% of violence cases occur in family environment, in 45% of cases children knew the assailant and in 15% children did not know the assailant. Special emphasise was on drastic juvenile daughters' rape cases in longer time period, committed by fathers or step fathers. Disastrous results indicate that every second little girl is raped before the age of 12, and every third before the age of 18. Concept of sex abuse is extended on violent foreplay, touching, forced watching of porn films and magazines, as well as spying of children during bathing and sleeping. Sex violence, among all is also recorded in schools - by school house keeper over 10 fourth grade schoolgirls in Cazin and rape of 5 year-old girl in same municipality.
Sex crimes over women throughout Bosnia and Herzegovina are also covered with veil of legal and social silence, especially rape cases of Bosniak women during the war.
That subject is hardly touched by Hague tribunal during recent trials, although it is evident that rape has been placed on the list of hardest crimes, for the first time. Truth about that is very important for complete emancipation of women in new created circumstances.
Political and complete emancipation of women has started to develop in BH. Their participant on local election lists is 30% guarantied. However, that per cent is not always respected in post-election period after distribution of power, so in that sense "league of women voters" demands 35% participation in executive government.
Special post war problem in BH is women slavery and trade, their involvement in violent prostitution which initiated International Organisation for Migration (IOM) to devote significant resources for the project "Return of migrated victims of illegal trade in BH" . UN Mission in BH also expressed concern for the way local police arrested 20 young women from Ukraine, Moldavia, and Russia who illegally entered the country, estimating that all was done trough illegal creation , para -state "Croatian Republics Herzeg Bosnia". Police raid in Livno on waitress from Bjelorus, Romania, and Bulgaria, who were later expelled to Croatia was conducted under explanation that this was the persecution of 'Serb and Bosniak music', waitresses and entertainers. Media reported about sex abuse of displaced Croat women by Catholic priest don Luka Mamic from Posusje. Evidence was a video tape on which Mamic recorded his acts, stolen by the group of juvenile delinquents.
Post war difficulties, combined with the effect of corruption in widest sense and government irresponsibility only increase social tensions. Federation BH Prime Minister and Party For Democratic Action Vice President, Edhem Bicakcic only expressed arrogance toward reasonable demands of workers and their protest announcement, calling their activity political and directed on pubic disarray.
Publicly and anonymously, organisers were threatened with physical sanctions, and Bicakcic warned transportation companies and lorry drivers that police would write down all license plate numbers of busses and trucks which would transport strikers. Directors who are also members of the same party have conditioned workers with removal from jobs if they went to the public protest in Sarajevo. That had significant influence on number of protestors, but conditions created in democratic environment provided better and more serious approach to workers' demands. However, it is evident that government pressure has greatly smoothen strength of syndicate pressure. Federal Prime Minister has also expressed great arrogance toward the demands of pensioners who also protested in dignified manner, although deprived in small pensions for several months. War veterans, civilian and army invalids continue to point on their problems, but without bigger success.
Policy of segregation could not even by-pass sports. Many BH Serb and Croat sportsmen who would like to play for national tem on BH level, do not dare to accept invitation, fearing from repression by hard-liners from their ethnic groups on them and their families. Some of them do accept invitation such as Miro Klaic who plays for BH football national team. Soon after he played for national team, he was suspended by internationally unaccepted Football Union " Herzeg Bosnia". World Football Federation (FIFA) has sent urgent reaction on his suspension, calling it direct violation of FIFA Bylaw. Anyway, almost all sports events are organised separately in entities, and sports in Federation BH is divided on national line.

MEDIA
Simultaneously with democratisation process of BH public information system, pressures, verbal and physical assaults on media and journalists, jeopardising their lives and health increased. Independent Media Commission (IMC) has intensified activities on public media reform, issuing several fines to media which uphold multiethnic intolerance and hatred.
Tragic climax of attacks on journalist was the attempt of murder of Zeljko Kopanja, director and editor in chief of Nezavisne Novine and NES Radio from Banja Luka, whose legs were amputated after the attack. That monstrous act of aggression came after series of articles in Nezavisne Novine about financial and other misuse of Republika Srpska officials and government. Estimates say that the rage of Serb nationalists was provoked by series of investigative articles about Serb nazi-fascist crimes during the war, published for the first time newspaper from that entity. This was obvious intent to silent Kopanja and media and journalists in RS and BiH, using car bomb. Prior to this event, Serb Radical Party has banned presence of Nezavisne Novine journalists on Serb Radical Party press conferences.
Intimidation of public information officials in RS resulted in threats to Rajko Vasic, RS Minister of Information. His car was burned down. Executive president of Serb Radical Party, Mirko Blagojevic accused Vasic on a meeting saying that his "committed crime on Serb nation" and that this was the reason for the "drumhead Chetnic trial" , whose decisions are in general death sentence. (Chetnic or Cetnik - Serb nazi fascists.) Vasic receives threats because Serb extremists did not like his statements. Serb ultra-nationalists destroyed premises of radio "Osvit" in Zvornik, known as independent radio station.. local mayor of Doboj, Mirko Stojcinovic physically attacked RTV BiH and BETA correspondent Milan Srdic. Boro Bosic, director of Steam Power plant and former co-president of the ministry council, member of Serb democratic party formed by Radovan Karadzic, cut off the electricity to TV PIM in neighbouring town Bijeljina.
Reason for was the electricity cut off, was material filmed by PIM crew containing images of Bosic's attack on Bijeljina municipal official because some 'right'. PIM team wanted to relocated the transmitter in order to provide alternative source of electricity, but they only found destroyed premises and damaged equipment.
"Dnevni Avaz" journalist Almasa Hadzic from Sarajevo was harassed by Serbian police (Federal Republics of Yugoslavia) on BH border, after she had returned from newspaper assignment in Yugoslav province Sandzak with majority Bosniak population.
Hadzic was kept three days and nights and questioned about contacts she made and the trip.
Mika Damjanovic Avdo, freelancer from Orasje, controlled by Croatian Democratic Union has informed authorised institutions about death threats sent by the owner of a local company Ivica Benkovic Marsev. He threatened to cut off the head of the journalist if he would record location of future Benkovic's trade centre and report about Benkovic.
Journalists from Novi List Rijeka who were criticising Croatian president Tudjman and Croat nationalists was severely attacked in the area dominated by Croatian Democratic Union. Two unidentified persons took Robert Franko and Ronald Bramalj from hotel in West Mostar and brutally beaten them, crushing the right fist of one journalist 'so he can no longer write'. International peace mission suspects that assailants could even be Croat policemen.
On the other hand, Croat Journalist Association strongly protested against SFOR action in West Mostar, because its soldiers violently busted into EROTEL's premises and literary imprisoned 15 employees, forcing them to put before them piece of paper with name on it, so that SFOR soldiers could take pictures of them, and kept them in a sort of prison for four hours". SFOR conducted this action in order to detect illegal activities of Croatian secret services in BH and emphasises that EROTEL was not centre of an action.
Pressure on journalists are specific even on areas controlled but Party For Democratic Action. TV Kiseljak journalist Branka Vrebec and cameraman Pavle Condric (both Croats) were harassed by the group of Bosniaks in Sarajevo Canton Sehid Union. (Sehid - Muslim soldier killed in war.) At the end, tape with recorded material was taken away from them. Editor in chief on TV Zenica, Medina Delibasic, editor in chief on radio Zenica Spahija Kozlic and head of Vecernje Novine information trade center in Zenica Selvedin Avdic have sent the letter to High Representative Carlos Westendorp informing him about pressures and unacceptable demands of Zenica mayor Ferid Alic. Direct cause was an ultimatum by Alic sent to RTV Zenica director Remzija Hukeljic to replace Delibasic and Kozlic or he would be sacked. Reason for it was a letter from a NGO to Alija Izetbegovic publicly presented by those journalists. Letter is criticising the situation in Zenica and mayor Alic. Critics were sent after Alic refused to return apartments of Serbs and Croats to their pre-war owners. Alic sent a letter to Avdic in similar tone. To what extent political paranoia toward independent media goes, explains the fact that Party For Democratic Action Vice President Halid Genjac used caricature in New Years Oslobodjenje for strong attack on editorial policy of that respectable newspaper, accusing it for equalising the role of nationalistic parties in war - Serb Democratic Party, Croatian Democratic Unionand Party For Democratic Action. Former editor in chief of Oslobodjenje Mehmed Halilovic had arguments that Genjac misinterpreted the caricature and that the accusation about equalisation roles in war was groundless. Nevertheless, Halilovic has emphasised that Oslobodjenje was against any national and political organisation concept regarding the tragic effect of such option and that in that context even Party for Democratic Action was under surveillance by this newspaper. Oslobodjenje correspondent Dika Bejdic received threats after her articles have been published with names of local officials who live in other peoples apartments. Distinct example is censorship in Gradacac. Party for Democratic Action controls local radio station which is financed from municipal budget and whose journalists are at same time correspondents of Dnevni Avaz and RTV Tuzla Canton. Among all, head of municipal secretary for general management and social activities demands 'suspicious' articles on preview, and head of economy department and utility demands that no information is released before he approves it. SRT cameraman Rade Popovic was arrested in Sarajevo based on the charge that he stole vehicle from RTV BH as their former employee in 1992. After the hearing he was released facing regular civil offence court procedure Overall treatment was estimated correct.
RTV BH Sanela Prasovic and her family faced heavy threats after she made the documentary revealing illegal network for passport issue for Serbs in BH. Threats arrived from Celje, Slovenia where agency which conducted this operation was located.
Government pressure on media and journalists is also illustrated in court cases related to press headlines and articles. Editor in chief of weekly independent magazine Slobodna Bosna, Senad Avdic was sentenced on two occasions on probation penalties, and found not guilty the third time. Nevertheless, government still demonstrated power by sending policemen to arrest Avdic on early morning by the end of preparations for new edition. Policemen never allowed him to communicate with someone. 15 criminal charges were brought against Avdic and similar situation is facing editor in chief of other Sarajevo weekly independent magazine Senad Pecanin, as well as editors and journalists in that magazine who are facing constant intimidation and threats.
Court policemen arrest of Avdic and liberation verdict came after High Representative Carlos Westendorp intervened within legislative system and suspended libel as criminal charge, demanding its legal relocation in civil offence procedure. He argued that there was a need to protect investigative journalis
IMC among all things has introduced an open telephone line for journalists throughout BH who could report activities which affected their human rights and professional privileges. Through IMC line, journalists can get legal help. Journalists are not properly protected regarding their working status, since very often they work without contract. That way their elementary job security and existence is jeopardised. In that sense, BH Journalist Union has sent a protest letter to Radio FERN Board of Directors regarding the removal of journalists Dzevdet Tuzlic and Savo Trifunovic as well as copy editor Emina Topic from work.
In spite of negative political and legislative context, journalists from independent media manage to get information and data which provide development of analytical investigative journalism. Fact which helps is that they don’t have to reveal their sources. However, official sources of information prefer certain information and data, as well as exclusive contents which they send to media controlled by nationalistic parties. For example, "Dnevni Avaz" is a privileged newspaper not only by their political mentors Party For Democratic Action, but also in government international i.e. Ministry of Internal Affairs.
IMC reacted on several occasions on misuses of media position. RTV Sent George in Republika Srpska and radio station Mostar in Croatian Democratic Union controlled area as well as had three-month suspension of due to violation of editorial and program code and additional refusal to pay the fine. Among suspended media in RS were also TV Channel S and radio station Sent John (owned by daughter of Radovan Karadzic), radio Serb Sarajevo, RTV Srebrenica, and in Croatian Democratic Union controlled areas were radio station Drvar. Suspension was removed when management of the station accepted normative in IMC Code. All fines were predicated for warmongering and chauvinist activities if these media. IMC has fined RTV “Herzeg Bosnia” for disregard of obligatory program recording regulation in order to deliver recorded shots upon IMC's demand.
IMC intervened in area of illegal broadcast of programs from neighbouring countries through RTV BH transmitters. Among all, rebroadcast of RTV Serbia through transmitters on Trebevic is banned, as a part of hegemonic aspirations of Federal Republics Of Yugoslavia. Special and still unsolved problem is EROTELS activity as branch office for HRT, in fact great Croatian aspirations toward BH. High Representative Wolfgang Petritsch has even requested SFOR intervention, in order to transmit EROTEL's program through 11 in stead of 41 transmitter with the request to terminate Republika Srpska broadcast of HRT program. As in all similar cases of the alleged jeopardize of Croat interests, Croat War Invalids Union in HB (HVIDRA- HR HB) has reacted on the EROTEL's situation, as a branch office of extreme Croat ultra nationalism in BH attacking international peace mission. At the same time HVIDRA threatened two Croat journalist - Pejo Gasparevic (Zagreb based News Agency HINA), Marija Topic-Crnoja (EROTEL) and Blazica Kristov (HRTV Oscar Croatia)- accusing them for treason of Croat interests in BH, because they attended expert IMC seminar.
More broadcast media has been penalised due to irregularities in sending applications and disregard of normative in program distribution area , in other words use of frequencies. IMC has issued temporary licenses for electronic media. IMC announces closing down many media among 272 radio and TV stations in BH, because they will not be able to meet strict rules for the 2- 5 year license.
Steps of High Representative Carlos Westendorp include systematic resolving reform of main RTV network in BH. In that sense, transformation of RTV BH is expected in two segments - RTV Federation BH and segment which should create Public RTV Service for all BH which has capital importance for peace process, in fact normalisation of the situation in country, and its democratisation. Political resistance, or conflict of national oligarchies obstructs finishing that essential project in BH media.
High Representative's decision on renaming leading TV station in RS (SRT) into RTRS has been implemented. However, battle for transformation of RTRS in media centre which should primarily act as public service has not been completed. There was even conflict between International Community representatives with RS Prime Minister Dodik, which is their political favourite, due to his attempt to establish full government control in RTRS. Anyway, even RTV BH and RTRS have international supervisors, and generally estimating, their programs are in general abandoned discrimination approach. Nationalistic pretensions in RTRS have after all been expressed during NATO intervention in Federal Republics Of Yugoslavia.
Very important fact is that private independent news agency ONASA created within Oslobodjenje, opened correspondence bureau in largest RS town Banja Luka. Radio 88 from Mostar started operating, with international support, with young journalists from both sides of the city. One more Journalist Association in BH was created - Association of Croat Journalists in BH. OSCE mission and Federation BH Ombudsmen office have reached an agreement on establishment of assistant ombudsmen for media whose task is to monitor level of implementation and freedom of expression violations, journalists' movements and operations and take part in implementation and creation of legislative normative in this area.
Former Oslobodjenje editor in chief and first president of Association of Professional Journalists Mehmed Halilovic has been appointed Assistant Ombudsmen for Media in Federation BH.

GOVERNMENT AND LAW
Municipal Elections did not take part in 1999. They are postponed for April 2000. In the meantime, OSCE was constantly involved in project of making the Permanent Election law which should replace Provisional Election Rules. Draft Election Law was exposed to severe criticism, although it is impossible to reach qualitative democratic solution in this area due to limitations in BH Constitution. In fact, that highest legislative form reduces passive and active election right, with absolute advantage of national criteria over rights individual citizens.
Results of local elections were not implemented in overall in some regions such as Srebrenica, even two years after the election was held. Resistance to implementation of election results was especially shown in Republika Srpska in ultra nationalistic controlled areas. In that sense in Srebrenica - with majority of votes for Coalition for Entire and Democratic BiH (KCD BiH) lead by Bosniak Party for Democratic Action party, thanks to Bosniak refugees or displaced persons votes - OSCE had to intervene. A decision was made outside election results regarding equal disbursement of powers in the municipality between Serbs and Bosniaks. However, after the government was established, additional blockage of common operation in municipal council occurred, especially after the terrorist attack on Bosniak deputy municipal secretary , Munib Hasanovic. Croat nationalists also resisted to establishment of the new government based on latest elections, in areas where KCD BH and Party for Democratic Action won over Croatian Democratic Union, i.e. Zepce. In that area, Croats are demanding creation of new municipality with Croat majority, in spite of Bosniak resistance. Only 18 months after of election results implementation in Vitez, where Croatian Democratic Union got majority of votes, six Bosniak men employed in municipal offices got their salaries and contracts.
OSCE Provisional election commission (PEC) has registered 81 party (12 new parties and 18 candidates, as well as several coalitions) for following elections. However, parties that won't take part on the election are SERB RADICAL PARTY, Serb RS Party, Bosnian Peasant, Local Political Initiative and Democratic Prosper Party. Last three parties have not collected enough citizens' signatures - quota was 200 signatures.
Serb Radical Party has not completed PEC requests to replace president of the party Nikola Poplasen and partly officials Mirko Blagojevic and Ognjen Tadic. Serb Radical Party has constantly obstructed Dayton Peace Accord implementation and promotes warmonger policy and incites terrorism. For similar reasons, replacement of Serb Radical Party President Predrag Lazarevic was requested from Serb RS Party which never took place. Radicals have publicly warned that they'd do all in their power and react extremely radical if they are not allowed to take part on elections. Leading officials in OSCE have sent warnings to Croat Demochristian Party because warmonger tone and asked to behave in accordance with registration program they submitted. Interesting novelty is that four Serbs from Srebrenica have joined SDP Municipal Board whose location is in Sarajevo.
Very important PEC decision is not to allow placement on the election list any candidate who lives in other people's apartment or house. In that sense, proposal by Helsinki Committee for Human Rights in BH and Helsinki Committee for Human Rights in RS who sent the letter to OSCE Ambassador Robert Barry has been adopted. Obstruction of Central State Organisations work continues - Parliamentary Assembly and Council of Ministers in BH. Responsibility lies on all three parties but Serb Democratic Party and Serb Radical Party MPs lead obstruction of Central government functioning. Special problem lies in the fact that BH Constitution Court stated Council of Ministers illegal. Apparently, among all, BH constitution allows on Council President and now there are two Co-Presidents and one Deputy.
Obstructions are present even in Federation BH Parliament, primarily due to behaviour of Croatian Democratic Union MPs, but irresponsibility is illustrated in relation between Party for Democratic Action MPs and others. Due to constant resistance to implementation of Dayton Peace Accord, High Representative Carlos Westendorp has dismissed RS President Nikola Poplasen, banning him work as the President of Serb Radical Party. Nevertheless, his deputy Mirko Sarovic of Serb Democratic Party has not take over the role of the entity President. Political crisis in RS continue attempts to replace Milorad Dodik's government, who is favoured by International Community, and constant wish of Serb Democratic Party to gain power in RS government. Anyway, RS is in a state of one kind of double government leadership. In East parts of RS, municipal government is in Serb Democratic Party and Serb Radical Party hands who disregard Dodik's government. Similarities of all three national oligarchies is need to preserve out of system government concept.
Ruling parties control main government institutions and media, as well as economic basis and flows. All this created sort of an anarchy, constant misuse of power, corruption, smuggling, and "grey economy".
International Community has created special teams for reform of rule of law. International representatives are trying to reconstruct the police acting on two levels, creation of multi - ethnic police forces and professionalism, depolitisation of the police. Very important issues multi - national police forces in both entities, joined training and operating. For example, Bosniak and Croat policemen who work in RS, therefore some results have been achieved in that direction, but regressive political flows have big influence on police, minimising effects by policemen who perform their duties professionally and without politics. Especially inefficient segment in police was illustrated trough prevention and uncovering terrorist acts as well as detection of its responsible. Policemen are also victims of terrorists. Hardest strike in anti terrorist fight was in fact the attack in deputy interior minister Jozo Leutar who was killed in car bomb explosion. 1,000 000 DM award for information about the attack and special telephone line have not had results so far. Creation of special anti crime multi - ethnic police unit in F BH made no results, again due to political obstruction. Passive protection of minorities on local level in both entities has been recorded. Staying out of attacks on returnees with indications bout direct involvement of policemen in illegal activities. In that situation, police was unable to carry out their main function to protect basic human rights. Many suspensions and dismissals took part due to the situation in the police. In that sense, IPTF commander Richard Monk suspended and demanded replacement of head of the personnel office in police office in Pale from RS government, and chief of crime divisions in that police, Spasoje Camura due to illegal arrest and harassment of arrested person during the investigation on murder of a high police official Srdjan Knezevic. Serb Teodor Gavric was suspended from the Brcko District Head of multi - ethnic police position, due to the internal control, and Serb Radislav Subotic, police commander was dismissed. Media reported that Subotic was involved in car smuggling activities and Gavric who knew all these never prevented it. Due to severe physical injuries on a citizen, member of Special police force MUP Herzegovina - Neretva Canton was arrested by his colleagues.
High Representative has replaced Tuzla Canton Interior Minister, Ferid Hodzic due to his systematic omission of Federal police investigation about financial embezzlement and corruption indications, as well as prior replacement of Berisa Letica, Livno Canton Interior Minister for his resistance to implementation of Dayton Peace Accord, preventing Letica's appointment on position of Canton Government Vice President.
State of Judiciary is also not satisfactory, although International Community tried to conduct reforms. Among all High Representative Westendorp had introduced measures for enforcement of Prosecution offices on higher level of organising and increase witness protection program. Among those decisions is insisting on equal national presence in judiciary, so Westendorp intervened in that direction in Herzegovina - Neretva Canton due to inability for national parties to reach consensus. All municipal and county judges in RS are Serb nationalities. Big problem is that qualified people are not appointed for judges on in some regions, since that place is reserved for ruling party followers. Pressure on judiciary is carried out through direct political pressure, but also through finance methods. In that sense, in Federation BH executive power is practically over judiciary out side of any democratic normative, since local governments decide about budget for particular municipal or canton court. therefore, discrimination or selection of favourites is also present besides this addiction position of courts and judges. The intent of independent judges who want to save professional dignity and make all efforts for rule of law, is evident. However, they don't have support by legislative bodies. These judges and courts object not only on political pressure and finical dependence, but also on some uncertain criticism and pressure by International Community as well as constant pressure by the press, especially in cases where some newspapers directly interested in court cases and its outcome. Position of judges is illustrated also in the fact that prison sentence to Emir Besic was proclaimed in this year and one year to Hazim Kosovac for beating of the judge Bahra Coralic in Bihac, who was taken to City cemetery by dark and beaten so brutally that her life was in danger. Due to that case, municipal prosecutor has started the procedure against Emir Besic, former chief of Bihac police.
Under International Community pressure, death sentence for 17 Croats and one Bosniak was abolished in RS, and about 100 multiple year penalties for Croat and Bosniak nationalities, due to Bijeljina High Court decision. However, the procedure has been returned on 1^st degree level which illustrates the fact that absent trials were not suspended, which is opposing amnesty decisions from Dayton Peace Accord. In the meantime RS abolished death sentence and adopted Amnesty Law but it is not adjusted to Dayton Peace Accord. F BH has adopted Amnesty Law and abolished death sentence. Srebrenica Bosniaks Nedzad Hasic, Ahmo Harbas, and Behudin Husic were finally released from prisons in F BH (Tuzla) upon the decision made by Federal Justice Minister. Three Srebrenicans were sentenced on long term prison sentences in Republika Srpska upon charges estimated by local and international human rights monitors highly ungrounded, as well as the complete procedure during the police arrest and interrogation, court investigation and trial estimated as the hardest case of international normative violation. After the agreement with judicial bodies in RS and OHR , Srebrenicans were released and given to F BH government. But the story did not end with that. In the meantime, RS Supreme Court has cancelled decisions of lower courts and scheduled new trial in RS. If they don’t show up, RS government would sent warrant. problem of Warrants issued upon war procedure is still big obstacle to freedom of movement and overall normalisation in BH.
BH Constitution Court made of international and domestic judges tried to establish its operations, but could not reach activities and responsibility in accordance to their position and responsibility is state and legislative system. Ground decision concerning the equality of all three nations in all of BH has not been adopted in this year, since it was postponed for purely political reason. Apparently BH Constitution determines equality of all three nations and all citizens throughout BH. But RS Constitution treats only Serbs as only constitutive nation in that entity, although before the war more than a half of Bosniak and Croat citizens lived there. On the other hand, F BH Constitution established constitutive equality of Bosniaks and Croats, discriminating Serbs who lived before the war on almost entire region throughout that entity. Fact that is worth of attention is that BH Constitution Court appeared as an institution which cancelled more decisions of Constitution Courts in RS and F BH based on citizens' appeal on entity government sentences. BH does not have state level Supreme Court, and BH Constitution gives appellation powers to BH Constitution Court.
So far the most radical act in the attempt to introduce rule of law in government system was initiated by High Representative Wolfgang Petritsch with the full support of International Community. He removed 22 Serb, Croat and Bosniak officials, mostly members of ruling parties, from power and politics.They were removed from power due to their constant obstruction of Dayton Peace Accord implementation, especially in segments of refugee and DPs return, and numerous misuse of power and illegal activities. Dismissed Bosniak officials are: Governor of Una-Sana Canton Mirsad Veladzic, Interior Minister from that Canton Rasim Sahinovic, Justice Minister in Sarajevo Canton Jusuf Zahiragic, Gorazde and Kakanj mayors Elvedin Hrelja and Kemal Brodlija, Head of Housing Dept in Mostar municipality Nedzad Behram. Especially interesting case is the case of Dzevad Mlaco who was dismissed from positions of MP in Peoples House in F BH Parliament and member of Central Bosnia Assembly. Previous High Representative has replaced him primarily from major of Bugojno position, then from President of Central Bosnia Assembly Members Club position. Therefore, Party For Democratic Action leadership has been appointing that high official after every replacement on different position. Among replaced Serb officials, special place has Djordje Umicevic, radical mayor of Banja Luka and obstacle for Bosniak return, reconstruction of mosques accompanies with warmonger statements. Among replaced Serb officials are: Zoran Nikolic, RS MP for obstructions in Foca municipality, mayor of Serb part of Gorazde Slavko Topalovic, mayors of Bratunac and Serb Ilidza, Miladin Simic and Obren Zeljaja, President of Municipal Boards in Bos. Novi (Novi Grad) and Vlasenica, Milan Djuric and Savo Celakovic, Heads of Property dept. in Serb Gorazde and Foca (Srbinje) Miladin Pesic and Milan Kecman. Most prominent person among replaced Croats is Pero Madzar, mayor of Kiseljak, member of Central Bosnia Assembly, House of Peoples in F BH Parliament (former president) and House of Peoples in BH Parliament. Madzar was replaced due to obstruction on every position he obtained. Other Croat replaced officials: mayors of Prozor-Rama, capljina, Stolac, and Mostar-SW Dragan Meter, Krunoslav Kordic, Pero Pazin and Stipe Maric, and Head of Housing Dept. in Mostar municipality Stari Grad Marina Deronjic.
Case of Drago Tokmakcija is also very interesting - he was mentioned separately from 22 officials but in the same context with document in which High Representative cancels the decision about appointing Tokmakcija on Privatisation Board of Directors in Livno Canton.
Former High Representative made the decision that Tokmakcija can not perform political duties, but he continues to do that, off course upon the agreement with Croatian Democratic Union. in Westendorp's time, mayor of Sanski Most has been suspended. At this moment, court investigation has been initiated on his activities. OHR intervention contributed to activated procedure against Party for Democratic Action officials in Tuzla Canton, lead by the Prime Minister Hazim Vikalo. High Representative Petritsch and head of OSCE mission Barry have reached an arbitrary decision for replacement of Drvar Serb mayor Mile Marceta, and president of the Municipality Council Borivoje Malbasic. At the same time, Petritsch has replaced Justice Minister in that Canton Stipe Babic, and sent written warning to Anto Barisic Canton Interior Minister (both Croats) to regard Dayton Peace Accord. Marceta was acknowledged the return of Serbs in Drvar, and his replacement was explained with constant physical assault on him. He was replaced by Serb Momcilo Bajic from the same Coalition for Return to Drvar. Anyway, mission of Helsinki Committee for Human Rights in BH failed to meet head of OHR office in Drvar, motivated by events in that municipality. In that sense we sent our protest to the High Representative.
Citizenship is also very important legal issue and primarily political problem in BH. So far only BH citizenship was established. Problems are created due to existence of entity citizenship and Constitutional provision and constant practice of people in Bosnia and Herzegovina to get citizenship from neighbouring countries Federal Republics Of Yugoslavia and Croatia. Bosnia and Herzegovina has not signed inter-state agreement with these two countries, which would regulate that area, although beside that fact, many BH citizens have their citizenship. Problem with giving citizenship to foreigners, mostly from Islamic countries have occurred mostly due to the fact that there is no properly arranged documents. For that reason many terrorists have become owners of BH citizenship and passport.
Head Crime Council of Zenica Canton Court has sentenced terrorists responsible for car bomb explosion in part of Mostar with Croat majority, which caused destruction of many apartments and buildings and injuries of great number of people. Ahmed Zuhairi called Handala from Saudi Arabia, presently on the run got ten years in prison; Ali Ahmed Ali Hamad called Ali from Bahrain was sentenced on eight years in prison, Nebil Ali Ali Hil called Abu Yemen from on Yemen on five in stead of six years with expelling from Federation BH measures after serving prison sentence. Turkish and BH citizen Husein Engin was sentenced by Kiseljak Municipal court on one year in prison due to possession of guns and explosives. French citizen Lionel Dumont ran from Sarajevo jail who became fundamentalist terrorist sentenced on 20 years in prison for murder and attack on the Gas pump. He also had official BH documents. Mehrez Amdouni from Tunis was arrested in Istanbul with BH passport. Many say that he is the closest person to Ossama bin Laden.
IPTF had announced possibility of starting the procedure against deputy Tunjice Prison Administrator in Banja Luka due to irregularities in work. That came after another death case in that prison, not reported to UN office. In this year, five suicides happened in this prison. IPTF objections are not referring to conditions in jail, but on prison management.
But from aspect of internal legislative relations, and equality of citizens, regulation of entity citizenship issue is very important. Fear that Bosniak refugees and displaced persons, Croats and other people outside Serb nationality will stay without their basic rights in areas where they lived before and locations of their homes, was created by Article in RS Citizenship Law which is not acknowledging the right to those who lived on January 1 in Federation BH. Losing the right for entity citizenship creates line of other discriminatory consequences for those who lived in that area and wish to return.
It is important to recognise that RS citizens accepted BH passport, although due to the fact that Federal Republics Of Yugoslavia passport owned by greater number of people lost its credibility. Nevertheless, resistance to unified passport still remains in that entity. Opposing all world traditions, BH passport has entity mark which creates problems to their owners when they go to certain countries.
Capital fact for creation of BH, inter-entity relations and future of the country is in the Arbitrary decision for Brcko area, which is proclaimed district with international supervision lead by Robert Farrand. It is projected that Brcko would get its multi - ethnic character, with local government which would preserve that dimension, too keep that area without presence of local armies and to suspend military servings, to create an area of democratic and economic progress on Western standards with full attention on human rights and opened for all BH citizens.These good intentions are only starting to go in direction of potential achievement.
Serb nationalists including those on highest levels of entity government have strongly reacted on the decision on Brcko as well as on NATO intervention in Federal Republics Of Yugoslavia. In that period, targets of attacks were buildings and members of army, police and peace missions located in RS. There were no bigger casualties for International Community representatives. International reports say that SFOR member killed in self defence Krsto Micic Serb Radical Party official in Ugljevik. International Community was also attacked by Croat ultra nationalists, especially in West Mostar and in areas controlled by radical streams in Croatian Democratic Union, during the implementation of Dayton Peace Accord actions. Extremists were highly intimidated by the arrest of Croat suspects for War crimes and SFOR action aimed to detect evidenced of undercover activities of foreign intelligence services (from Croatia on BH ground). SFOR action in Mostar was strongly condemned by BH and Croatian Democratic Union president Ante Jelavic calling it Anti Dayton and anti Croatian. International Community representative were attacked several times, but never severely injured. Both Croat and Serb ultra nationalists consider International Community representatives occupiers and nazi fascists, through posters, media. These qualifications are given by local followers of Nazi Fascists, Chetnics and Ustasa.
International Community officials have not always expressed readiness to criticise their actions and its effects. Among rare publicly presented statements is the retreat of Danish diplomat Bent Jensen from special envoy position in Srebrenica. It was the result of great media and Bosniak politicians pressure, after the brutal attack on Munib Hasanovic.
In general, Jensen was minded for pro-Serb orientation and lack of interest in Bosniak returns to this town.

CONCLUSION
This report off course could not include all Human Rights violations in Bosnia and Herzegovina. More information was collected in areas with better sense of rights and freedoms, with better work of media, with more active organisation involved in this area, and in areas covered by Helsinki Committee for Human Rights in BH monitoring.
According to stated facts, political and legislative context in Bosnia and Herzegovina is still distinguished by segregation and discrimination logic, and apartheid practice.
Prominent fact that speaks about human rights status is that Bosnia and Herzegovina, along with Federal Republics Of Yugoslavia and Belorus is not part of Council of Europe. It is obvious that more active co-ordinated actions of International Community can make a significant change in country and create conditions to change political relations and aspiration for democratisation.
Still, generally valuing awareness of the importance of human rights and freedoms, and social sensitivity for this segment has continuously growing,
Along with that, media gives biggest contribution treating human rights and freedom as constant topic, especially in independent media.
In overall process, role of Helsinki Committee for Human Rights in BH was active all the time. It is also evident that the Committee is very respectable institution in domestic as well as international factors.
 

Sarajevo, 31 December, 1999
No: 34A-12/99