REPORT ON ACTIVITIES OF THE HELSINKI COMMITTEE
FOR HUMAN RIGHTS IN BH IN 1997
The activities of the Committee were focused
on the following:
Monitoring in the field of state of human
rights and reacting against the violations
through public statements.
The state of human rights in BH was
systematically followed up in the last year.
Special attention was devoted to conditions for
return of expelled and displaced persons to their
homes both on the territory of the BH Federation
and the Republic of Srpska, and to the position
of minorities in both entities. Relative to this,
the Helsinki Committee addressed the public twice
with statements concerning the very difficult
position of Bosniaks in the area of the
municipality of Teslia, expressed through
different forms of pressures exerted by local
Serb population, demanding from the RS
authorities to protect the members of minorities
and from the representatives of the international
community to investigate the state of human
rights in this municipality and on the basis of
those findings to undertake the corresponding
measures against the authorities in Teslia.
The Helsinki Committee, in cooperation with the
Helsinki Committee in Serbia, provided monitoring
of trial to seven Bosniaks in Zvornik (RS), who
had been accused by the RS authorities of murder
committed during the conflict on the territory of
the municipality of Srebrenica. In cooperation
with the international organizations acting in BH
pursuant to the Dayton Agreement it enabled the
defenders of the accused persons who were from
the territory of the BH Federation, to realize
the contacts with their clients. The Helsinki
Committee identified a big number of
irregularities made by the Council of the
Municipal Court in Zvornik which, among other
things, brought a decision that legally appointed
defenders from the BH Federation could not
perform their duty, but the defenders on duty
from the RS who were appointed by the RS, and
issued a statement informing the public that
elementary conditions for just trial have not
been created, demanding from the international
organizations to make influence on the
authorities of the RS in order to enable the
appointed defenders from the BH Federation to
defend the accused persons.
In addition, the representatives of the HC and
the OSCE Mission in BH visited Ivan Mijaeevia
from Gradaeac in a prison in Doboj (RS) who had
been arrested by the RS police forces, contrary
to the "Rome Agreement on Roads" while
going through the territory of the RS and
subsequently accused of destroying one private
house in 1993 during the conflict in the vicinity
of Modriea (north Bosnia). The HC, after the
visit, issued a statement for public, demanding
from the authorities of the RS unconditional
release of Mijaeevia and from the international
organizations to do all in their power in order
to force the RS authorities to respect the
agreements.
On the occasion of unsolved murder of Cvijan
Radia (Serb) in the area of Bihaa (BH Federation)
at the beginning of this year, the HC had
publicly appealed to local bodies of the police
forces to enlighten the circumstances of this
murder, to initiate the procedure against
perpetrator and to inform the public about it.
The Committee was in permanent contacts with the
representatives of the Serb Civic Council (SGV)
and the Democratic Initiative of Sarajevo Serbs
(DISS), and followed up the position and state
the Serbs have been on the territory of the BH
Federation, especially on the reintegrated areas
of the city of Sarajevo. Relative to this, the HC
has, in its fifteen-day bulletin
("Faxletter") been regularly publishing
the reports submitted by DISS on the position of
Serbs in these areas, and on the pressures and
problems they are faced with.
After publishing the Declaration on Human Right
to Political and National Equality by SGV, the
Committee had sent a letter of support to this
organization emphasizing the importance of their
being engaged in ensuring equal treatment of the
peoples and citizens on the entire territory of
BH. Together with the representatives of the
Helsinki Committees in Sweden and France and the
representative of the IHF, the HC in BH sent a
mission to Bugojno to find out the facts
concerning the state of human rights in that
city. Domestic and international public were
informed on the findings of the mission at the
press-conference held one day later in Sarajevo,
and the written information was submitted to all
relevant domestic and foreign institutions.
In cooperation with the IHF and the Helsinki
Board in the RS, the Helsinki Committee addressed
the public with statement expressing its concern
over the OSCE decision to hold the municipal
elections only in a part of Breko under the Serb
control, what would, if applied, destroy any
possibility of establishment of the pre-war
multi-ethnic character of this city. It was
demanded in the statement that municipal
elections be held on the entire territory of the
municipality of Breko as it had been before 1991,
what would include parts of both the RS and the
BH Federation, or to postpone the elections in
that area until arbitration decision be brought
in 1998.
On the occasion of frequent addressing of
citizens to the Helsinki Committee for Human
Rights due to not permissible being conditioned
by paying certain municipal contributions in
order to get identification documents, in mid
July, the Committee in its statement for public
strongly condemned the appearances of restricting
the rights of citizens and blackmailing them by
the local authorities emphasizing that such
appearances are contrary to the constitution and
law and demanding that they become ineffective
immediately.
After the incidents, at the beginning of August,
near Jajce (central Bosnia) - when a group of
Bosniaks was prevented from returning to their
homes in that town by the local Croats and in
Vogošaa (suburb of Sarajevo) - when a group of
Bosniaks expelled from Bosnian Podrinje prevented
14 Serbs refugees from Vogošaa from visiting
their homes, the Committee in its statement for
public strongly condemned such appearances,
emphasizing that they are the most violent forms
of violation of human rights to life, freedom and
dignity and right to property, and appealed to
all actors involved in the implementation of the
Dayton Accord in BH to undertake the most
energetic steps in providing full, unconditional
and immediate realization of return of all
expelled persons and refugees to their homes. The
survival of the state of Bosnia and Herzegovina
depends on this process.
The members of the Steering Board of the
Committee visited Mostar in order to make an
estimate on the state of human rights in that
city. They had discussions with the Mayor and
Deputy Mayor of Mostar, Mr. Prskalo and Mr.
Orueevia as well as with many independent
intellectuals of all the three nationalities.
In the statement for public signed by the
International Helsinki Federation, Norwegian
Helsinki Committee and Helsinki Committee for
Human Rights in BH and issued immediately after
the local elections in September it was said that
the basic characteristics of the pre-election
period were: restricted freedom of movement,
restricted possibility or no possibility at all
for political parties of opposition to campaign
in certain parts of the territory of Bosnia and
Herzegovina, unequal access to media, and the
presence of indicted war criminals, the majority
of whom have not yet been handed over to the
International War Crimes Tribunal in the Hague.
It was particularly emphasized that the ruling
nationalistic parties used various methods of
intimidation, exerted pressure over opposition
candidates and manipulated the media in order to
ensure electoral victory.
After frequent terrorist actions, especially
after the last terrorist act which happened in
October (placing of explosive device in front the
Catholic School Center in Sarajevo), the
Committee publicly appealed on democratically
elected bodies of authorities to raise the
question of responsibility for all failures of
competent bodies that led to increase of
terrorism and its being tolerated.
After the poll being conducted among the children
in primary schools about their ethnic background,
initiated by the Ministry for Science, Culture,
Education and Sport of the BH Federation, the
purpose of which was to divide children into
separate classes on the basis of their ethnic
background, the Committee sent a letter to the UN
Special Rapporteur for Human Rights for BH,
Croatia and FRY Elisabeth Rehn in which it
expressed its great concern over such initiative
of the said Ministry, qualifying it as an attempt
to impose segregation in schools this being a
step closer to a dissolution of Bosnia and
Herzegovina.
Publishing activities
The Committee has continued publishing
fifteen-day bulletin ("Faxletter")
which contains the information on the state of
human rights in BH and on activities of
non-governmental organizations in that field. The
interest in the bulletin is great.
At the beginning of this year, the Helsinki
Committee published a book under the title
"Human Rights and Police" written by J.
Alderson, which was promoted during the public
debate on the same topic at the Sarajevo’s
"Holiday Inn" hotel. The purpose of
publishing this book was to assist the
institutions in charge of education of future
members of the BH police forces. Certain number
of copies of this book was given to the Faculty
of Criminal Sciences in Sarajevo, High Police
School in Sarajevo - for their libraries, as well
as to the cantonal ministries of internal affairs
and to persons holding chief functions in the BH
Ministry of Internal Affairs.
At the end of April, the "Handbook for
Non-Governmental Organizations Engaged in the
Field of Human Rights" which consists of the
collection of texts prepared by the International
Helsinki Federation (IHF) was translated and
prepared for publishing by the Helsinki Committee
in BH. The basic purpose of this handbook is to
assist the non-governmental organizations and
activists in the field of human rights to get
insight into and knowledge on basic contents and
method of work in the protection of human rights.
The promotion of this handbook was done during
the inauguration of the NGO Information and
Support Center in Bosnia and Herzegovina.
Analyzing the conditions in the area of education
on human rights in BH, the Helsinki Committee
concluded that this area of activities has not
been adequately represented in primary schools,
both within the regular school curricula and the
activities of non-governmental organizations
engaged in the protection of human rights. In
order to remove these failures in a proper way, a
project "Album for human rights" has
been started in order to spread the information
to pupils of primary schools on human rights and
their protection. This Album is being printed
now.
At the end of the year, a translation of the book
"International Human Rights" by Jack
Donnely was completed.
Broadcasting TV film on human rights
The Helsinki Committee translated in Bosnian
language and adopted for broadcasting the film on
human rights "Everyone Has Rights" of
the Helsinki Committee in Poland. The film
composed of fifteen minutes long broadcasts, was
distributed to independent TV stations which
expressed their desire to broadcast it in their
programs. TV broadcasting was taken over by four
independent TV stations from the BH Federation,
one from the Republic of Srpska as well as TV
station TVIN which was established by the
international community and which covers with its
signal almost entire territory of Bosnia and
Herzegovina. During the year, some of the above
mentioned stations repeated this serial. At the
end of this year, a film on human rights
"How to protect human rights?" of the
Helsinki Foundation for Human Rights in Warsaw
was translated and adapted for broadcasting.
Public debates and round tables
Within the framework of its permanent
activities on the promotion of human rights, the
Helsinki Committee organized public debate on the
topic "Human Rights and Police Forces".
The introductory speeches were delivered by the
representatives of the Council of Europe, Office
of Ombudsmen for the BH Federation, IPTF, Faculty
of Criminology in Sarajevo, and the Helsinki
Committee for Human Rights in BH. Minister of
Internal Affairs of Sarajevo Canton, President of
the Supreme Court of the BH Federation, students
and professors of the Faculty of Criminology in
Sarajevo took part in the debates. The purpose of
this debate was to acquaint with and to inform
the members of the police of the international
standards relative to the police and human
rights, and of the present practice in this
field. About 100 persons invited to the public
debate participated in it.
Together with the Citizens’ Forum of Tuzla, the
Helsinki Committee organized, at the beginning of
April in Tuzla, a round table on the topic
"Independent judiciary in Bosnia and
Herzegovina". Holding of this round table
was very important since, at the very beginning
of the elections for cantonal judges, such
behavior which could endanger the principle of
independent judiciary was noticed. The round
table was attended by almost all invitees, among
whom, leading functionaries of judicial bodies of
the Federation (Supreme Court, Prosecution,
Constitutional Court, Ombudspersons), as well as
the representatives of the international
community (Office of the High Representatives,
OSCE, OUN, The Council of Europe).
The participants of the round table were decisive
in that that the election of judges must be based
on the expertness and moral qualities of
candidates and that the authorized bodies should
make decisions, taking into consideration the
opinion of judges in corresponding areas, without
interference of the political parties in the
process.
In Sarajevo, on 11 July, in the organization of
the Helsinki Committee and International Helsinki
Federation a public debate was held on the
occasion of presentation of the Open Letter to
Political Leaders calling for handing over of all
indicted war criminals to the Hague Tribunal. The
representatives of the International Crisis Group
(ICG), Boltzman Institute from Vienna, Helsinki
Board in Croatia, Alternative Council of
Ministers in BH, Ombudsmen of the BH Federation,
Citizens' Forum from Tuzla, Legal Center -
Sarajevo and OSCE actively participated in the
debate. Present journalists were submitted the
"Open letter to political leaders" as
well as the copies of Human Rights Watch
"Establishment of Efficient International
War Crimes Tribunal". A joint conclusion of
all present was that the primary precondition for
peace in this region is arrestment of war
criminals and their handing over to the Hague
Tribunal.
In Zenica, in the second half of November, in the
organization of the Helsinki Committee and the
National Endowment for Democracy from the USA,
the first of three workshops within the project
"Monitoring of human rights" was held.
16 representatives of non-governmental
organizations from both entities (Bijeljina,
Mostar, Tuzla, Livno, Zenica, Kiseljak, Sarajevo,
Bihaa) took part at the workshop. The lecturers
were: Kasim Begia, Ph.D., Professor of the Law
School of the University of Sarajevo, Roman
Wieruszevwski - Chief of the UN Center for Human
Rights in BH, Amir Jaganjac - Justice of the
Cantonal court in Sarajevo, and Sr?an Dizdarevia
- President of the Helsinki Committee.
Professional legal aid
In the first six months of this year too,
lawyers - associates of the Helsinki Committee
for Human Rights in BH have continued giving
legal aid to individuals who addressed the
Committee realizing that their rights had been
threatened. Several times, the lawyers intervened
with the authorities demanding from them to
undertake all legal actions in order to lawfully
finalize those cases as soon as possible. In the
Office of the Helsinki Committee in Mostar also,
one lawyer is still engaged in giving legal aid.
The most often form of violation of human rights
relates to the right to housing, and in less
number there are some cases of discrimination in
the field of employment and obtaining the
identity cards.
Co-operation with the national Helsinki
Committees
The co-operation with the Helsinki
Committees of Sweden and Norway should be pointed
out for they have been offering crucial
assistance to the Helsinki Committee in Bosnia
and Herzegovina.
The co-operation with the Helsinki Board in
Serbia has been already mentioned during the
monitoring of trial to seven Bosniaks in Zvornik
as well as the co-operation with the Helsinki
Committee in France in fact-finding mission in
Bugojno.
Setting up and strengthening the NGOs network
in BH
The Helsinki Committee still actively
participate in establishing and strengthening the
NGOs network in Bosnia and Herzegovina. At the
beginning of the year, on the initiative of ODIHR
based in Warsaw, and with all assistance of the
Helsinki Committee (it was able to offer the
premises, assistance in initiating the activities
and in establishing first contacts), the NGO
Information and Support Center in Bosnia and
Herzegovina was set up.
The Committee has continued having
fruitful cooperation with certain number of
non-governmental organizations (as the
Citizens’ Forum - Tuzla, the Democratic Circle
- Bihaa, the Civic Forum - Banja Luka, Circle 99
- Sarajevo, the Helsinki Committee in RS -
Bijeljina) to the sense of exchanging the
information and experience with them and giving
concrete assistance to some of them (Office of
Lawyers - Livno, Brothers Roms - Sarajevo,
Democratic Circle - Bihaa).
Of course, we should also mention the office of
the Helsinki Committee for Human Rights in Mostar
with which the Committee has been having very
close and constructive cooperation. The priority
tasks of the Office in the past period were:
engagement in preventing from further expulsion
of citizens of Bosniak nationality from west part
of the city; in giving free legal advises and in
protecting their rights in the court proceedings.
The biggest problem the Office was faced with in
its work was the division of the city what made
its work and acting more difficult.
The realization of the project relative to
establishment of Human Rights House in Sarajevo
has started in September. The initiator of the
Project is the Human Rights House Foundation from
Oslo, Norway. On its request, the Helsinki
Committee has taken on itself to provide logistic
support for the realization of this project. The
aim of this project is to create a permanent
institution in order to strengthen the civil
society and to have a place at which local
non-governmental organizations, which will enter
the Human Rights House Sarajevo, can perform
their activities.
Education
In this period also, the realization of the
project "Training - Education in the Area of
Human Rights of the Pupils in High Schools"
has been continued. Two circles of lectures were
delivered. The first circle encompassed 300
students from the First Sarajevo Gymnasium, and
second circle 250 students of the 13th
class of the Course for the Police members
organized by the High Police School in Sarajevo.
The lecturers were renowned domestic lawyers and
legal advisers (the majority of them are the
members of the Helsinki Committee for Human
Rights or its associates), as well as the
guests-lecturers from the international
organizations which are acting on the territory
of Bosnia and Herzegovina (OSCE, IPTF,
Ombudsmen). The pupils have shown great interest
in these matters and some of them expressed their
wish to be more active in these matters.
A cycle of lectures was held at the "Mixed
School Center" in Gora?de in the middle of
September. The lecturers were: Ned?ad Duvnjak -
professor of the Law Faculty in Sarajevo, Peter
Iiskola - Chief of the Mission of the Council of
Europe and Sr?an Dizdarevia - President of the
Helsinki Committee.
Board for commemoration of the 50th
anniversary
of the Universal Declaration on Human Rights
Board for commemoration of the 50th anniversary
of the UN Universal Declaration on Human Rights
was established on the initiative of the Helsinki
Committee for Human Rights in BH and the
constitutive session of the Board was held in
Sarajevo on 15 December, at which a proposal to
the UN Secretary General Kofi Annan was sent that
the central world commemoration be organized in
the capital of Bosnia and Herzegovina on 10
December 1998. The Board is composed of the
activists in the field of human rights,
politicians, scientific, cultural and public
persons, priests from entire BH and journalists.
No. 19A-01/98
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