REPORT ON THE STATE OF HUMAN RIGHTS
IN BOSNIA AND HERZEGOVINA

January - December 2000

Even five years after the signing of the Dayton and Paris Peace Agreements, Bosnia and Herzegovina is not yet a stable factor, neither in respect of its internal political reality nor its international position. This year’s decisions of the BH Constitutional Court are of extreme importance for the complex of human rights and freedoms, by which Parliaments of the BH Federation (BHF) and Republika Srpska (RS) are to harmonise the entity constitutions with the constitution of BH in order to ensure constituency of peoples, that is, full equality of all the three peoples (Bosniaks, Serbs, Croats) and all the BH citizens. By this, at least at the constitutional level, tenets of segregation and practice of apartheid will be abolished. The harmonisation of the Constitutions has not been finished until the general elections in November. At the institutional level, we can emphasise the establishment of the Ministry for Human Rights and Refugees in the BH Council of Ministers, as well as the establishment of the Ombudspersons institution in RS (three ombudspersons - Serb, Croat, Bosniak). However, it is still necessary to undertake series of other measures in order to establish legal and institutional framework for implementation and protection of human rights in accordance with the European Convention of Human Rights, and international standards for human rights and freedoms.

The state in BH is still burdened with the fact that numerous war crimes suspects, either indicted or not indicted by the International War Crimes Tribunal, are still at large, including Slobodan Milosevic, Radovan Karadzic and Ratko Mladic, who are the persons most accountable for genocide in BH. The situation in the country can be best illustrated by the data that approximately 100,000 people left BH through the mediation of the International Organisation for Migrations (OIM) alone, since the Dayton Agreement signing. There are more than 625,000 refugees and more than 857,000 displaced persons. This means that million and a half people are away from their pre-war domicile address (before the war, BH had some 4,3 million inhabitants – the aggression and genocide resulted with moving of 2,2 million people).

With regard to the internal political scene, it was dominated by nationalist obstructions of the authority system and obstructions of the implementation of the Peace Agreement, particularly at the state level. The national parties, Serb Democratic Party, Croatian Democratic Union and the Bosniak Party of Democratic Action, still in a sort of coalition, have done their best to preserve the concept of BH divided into three parts and to maintain extra-legal decision-making process. Alija Izetbegovic had withdrawn from the BH Presidency, saying the reason was aging and health. Zivko Radisic and Ante Jelavic, as the Chairman or members of the BH Presidency have made moves and given statements that destabilised the peace process and were directed against the interests of the country they govern.

There were registered series of terrorist acts directed against the return of refugees and displaced persons and attacks on the political, national and religious minorities followed by inappropriate reaction from the police. The minority groups were subject to discrimination by local authorities throughout BH, but particularly in the RS and the area controlled by the HDZ, and in the SDA-dominated Una-Sana Canton (BHF).

During the year, municipal elections were held in both entities in April, and general elections (for parliaments at the state, entity and cantonal level, for President and Vice President of Republika Srpska and municipal assembly of Srebrenica) were held in November. The April electoral results were promising further penetration of alternative political groups to overcome the state of monopoly of the three leading national parties. The greatest progress was made by the Social Democratic Party (SDP) in the territory of BH Federation, and the new party, the Party of Democratic Progress (PDP) and the Party of Independent Social Democrats (SNSD) in RS. However, at the general elections, the parties SDS, HDZ and SDS won again. The SDP is equal in power with the SDA and these two parties are the most powerful political groups in BH. The PDP and SNDP can not endanger the supremacy of SDS even if they make coalition after the elections. The HDZ does not yet have a real competition. It is a question now whether SDP, SBH, PDP and SNDN shall succeed in initiating the establishment of alliances to avoid the participation of SDS, HDZ and SDA in the central and entity governmental authorities.

On the eve of the elections, the international and local officials made some moves that encouraged homogenisation of national parties (the changes to the way of decision-making by inauguration of the Houses of Peoples OSCE, the request to ban the work of SDS – Richard Holbrooke and the International Crisis Group, request to abolish the entities – Party for BH of Haris Silajdzic). The reaction in RS following Silajdzic’s request was the announcement of possible referendum for secession of RS. The HDZ and its leader, Ante Jelavic, used the change to the way of election of Houses of Peoples to organise unlawful referendum on the declaration of the Croatian People’s Assembly (also organised by the HDZ), which foresees political self-organising of BH Croats contrary to the BH Constitution, if demand of HDZ be not met. The HDZ claims that BH Federation Croats are in a completely subordinate position, and asks that the state constitution be abolished and reorganised on the principles of equality and constituency of all the three peoples, with full implementation of the principles of national parity, consensus and veto, being against a civic state based on the principle - one man - one vote. The Archbishop of Vrhbosna, the Cardinal, Vinko Puljic gave support to full revision of the Dayton Accord on the basis of requests of HDZ.

The positive political changes in the neighbouring Republic of Croatia (RH) and the Federal Republic of Yugoslavia (FRY) have not yet had favourable effects on BH. In both neighbouring countries are still very influential nationalist forces that express hegemonic aspirations towards BH. The new authorities still flirt with those forces in Croatia (except for Croatian President Stjepan Mesic, who is clearly for independent and sovereign BH, and against the Croat hard-liners, and in the Federal Republic of Yugoslavia (leaders of of the Democratic Opposition of Serbia, new Yugoslav President Vojislav Kostunica and candidate for Prime Minister Zoran Djindjic, who were supporting the hegemonic policy of Slobodan Milosevic and ultra-nationalism of Radovan Karadzic during the war). The overall relations between RH and BH are not at the level of the given political statements, which recognise BH as the independent country with equal rights and needs. On the other hand, the establishment of diplomatic relations between FRY and BH has been initiated, however, the idea on possible referendum in RS has been reactivated if such right be given to Albanians in Kosovo (FRY), thus, in utterly inadequate manner, connecting these two not complementary situations on the international ground, both politically and legally. BH has a historical statehood continuity, which Kosovo does not have. In addition, expectations from the Stability Pact of South-East Europe have not been even partly fulfilled. In fact, the entire region, including BH, is waiting for the effective international consensus on the stabilisation of the region and international borders in the region.

In this year, the international peace mission was more active, particularly the High Representative of the International Community in BH, Wolfgang Petritsch, and the Head of the OSCE Mission, Robert Barry, for municipal and general elections. They intervened because of obstructions in passing the essential laws by the domestic officials and because of bad or unlawful work of the officials at all the levels of the state organisation. Many politicians were punished because they had not respected for the electoral rules and regulations.

To conclude, political context still negatively reflects the sphere of human rights that are being violated daily, in severe forms throughout Bosnia and Herzegovina. However, it is encouraging that the topic of human rights protection is more and more present in public and political life, which is an expression of the maturity of the consciousness of the importance of human rights and freedoms for the peace process, normalisation and democratisation, and even the survival of the state of Bosnia and Herzegovina.

WAR CRIMES

Throughout the year, different motifs and levels of engagements were present in knowing and discovering the evidences on war crimes and the victims. On one side, there is a desire to find as much truthful evidence about war criminals and their superiors and executors as possible, while on the other side, particularly regarding Serb and Croat hard-liners, there was a desire to reduce the participation of their members in war crimes, and to, through the trials in the Hague, create a balance of the responsibility of the Serb, Croat and Bosniak sides.

The process of specifying the truth about the suffering of people in the war is moving very slowly, due to insufficient co-operation of the local authorities who have political motives, and because of the lack of financial resources for the exhumations and other auxiliary needs. There is also a lack of the funds for providing a space for accommodation and identification of the victims of the war.

The positive development concerning the exhumations is that all three national commissions for missing persons (Bosniak, Croatian, Serb) work on exhumations without problems in both entities, with appropriate participation of the local authorities. There was no any incident registered during the exhumations.

Many mass graves were discovered, especially of Bosniaks, victims of Serb extremists, in the territories of eastern and northwestern Bosnia. As for the Croatian victims of Serb ultranationalists and war conflict with Bosniaks, they are characteristic of northwestern and central Bosnia. The Commission of RS has been particularly engaged in finding the truth on murders of Serb civilians in Sarajevo and their burials in the Sarajevan cemetery Lav.

The fate of more than 20,000 citizens, officially registered as missing persons, is still unknown. The crucial problem is that the authorities, particularly in the Federal Republic of Yugoslavia and Republika Srpska are ignoring this topic. The authorities of FRY have not yet answered the request for the information on some 12,000 BH citizens. The issue of missing persons was among the issues the Helsinki Committee for Human Rights in BH has insisted upon in this year as well.

The International Forces (SFOR) engaged more actively in arrest of war criminals that were handed over to the International War Crimes Tribunal in the Hague. From December last year to the end of November this year, the following Serbs were arrested – the closest collaborator of Radovan Karadzic, Momcilo Krajisnik, retired General, Stanislav Galic, policeman Zoran Vukovic, Mitar Vasiljevic, Dragoljub Prcac, Dragan Nikolic and Dusko Sikirica. Janko Janjic was killed during the arrest when he himself had activated two bombs.

The Hague Tribunal pronounced several sentences to indicted war criminals. The former commander of the Croatian Council of Defence, Tihomir Blaskic, was sentenced at the first instance to 45 years of imprisonment and his compatriot Ante Furundzija to 10 years of imprisonment by the final court judgment. The sentence to Croat Zlatko Aleksovski was increased from two and half to seven years of imprisonment. The sentence to Serb Dusko Tadic was reduced from 25 to 20 years of imprisonment.

One sentence was pronounced in Germany (Djuradj Kuscujlic, because of the crimes committed against Bosniaks, was sentenced to life imprisonment) and another in Croatia (on repeated trial, Serb Mirko Graorac was sentenced to 15 years of imprisonment for crimes committed against the imprisoned Croats and Bosniaks in the camp of Manjaca in BH – before that, he had been sentenced to 20 years of imprisonment). The police in Croatia arrested Croat Ante Sliskovic, former chief of one of the Croatian Intelligence Service and his Deputy Tomo Vlajic, under suspect of being direct perpetrators of crimes against civilians in Ahmici in central Bosnia when 116 men, women, children and elderly were either massacred or burned down. The process against them is under way in Croatia.

Domestic judiciary bodies in the BH Federation (as compared to the Republika Srpska) were also more active in discovering, arresting and sentencing the indicted war criminals. Thus, on the order of the Court of Canton of Sarajevo, Serb Dragan Stankovic, was arrested in the area of Posanskopodrinje Canton. Croats Dominik Ilijasevic and Vlatko Buzuk were arrested as suspects of committing war crimes against Bosniaks.

Croats Erhad Poznic, Zoran Soldo and Zeljko Dzidic, indicted for crimes against Bosniaks surrendered to judiciary bodies in Mostar, who were, together with Mate Anicic and Ivan Skutor (being tried in absence) indicted for war crimes against Bosniaks. Then eight Bosniaks (Zikrija Ljevo, Vernes zahirovic, Becir Omanovic, Juso Orucevic, Habib Copelj, Meho Kaminic, Refik Tule and Dervo Dziho) out of 23 Bosniaks indicted for war crimes against arrested Croats surrendered to the bodies of Hrvatsko-neretvanski Canton.

In Sarajevo, there are two trials under way to Bosniak indicted war criminals, for war crimes committed against Serb civilians, and to one Serb suspect of murdering Bosniak. The Cantonal Court in Mostar pronounced a sentence to Bosniaks Miralem Macic to 12 years of imprisonment and to Adem Landzo to 9 years of imprisonment for murdering the Serb family.

Some court injustice was corrected. The Supreme Court of the BH Federation confirmed the judgment by the cantonal Court in Sarajevo according to which the Serb Miodrag Andric was released from the judgment for war crimes against civilian population. Andric had previously been sentenced to 20 years of imprisonment. Then, sentence to Serb Goran Vasic was reduced from ten to eight years of imprisonment.

The International War Crimes Tribunal for the former Yugoslavia in the Hague has also intensified its activities by encouraging international public and local officials to fulfil their obligations they have in disclosing and arresting people accused and suspected of war crimes. Within the framework of these activities, pressure on the NATO has been increased from which the Chief Prosecutor of the Hague Tribunal, Carla Del Ponte asked, among else, to establish special troops for arrest of indicted war criminals, which has not yet been realised. Del Ponte also made special pressure against the new authorities in Croatia which resulted in a far greater engagement and co-operation of Croatian authorities, The pressure was also increased on the new authorities in FRY. The contact with authorities in RS was also established and they promised to bring a corresponding law on co-operation with the Hague Tribunal. However, the RS authorities do not want to undertake any action independently in discovering and arresting indicted war criminals.

The number of suspects, arrested and indicted for the war crimes BH is not proportional to genocide and other crimes committed in BH. There are, in the territory of FRY and RS still at large some fifty officially and publicly indicted war criminals. Among them, there are Radovan Karadzic and Ratko Mladic, while Slobodan Milosevic is still politically active although he has been indicted for war crimes in the same way as two aforementioned.

RETURN

Ministry for Human Rights and Refugees of the BH Council of Ministers made the first report (adopted by the Council and the BH Presidency) on the implementation of the Annex 7 of the Dayton Agreement relating to the issue of return of BH refugees and displaced persons. According to the data, about 625,850 refugees from BH are living in more than 40 countries, the biggest number of which are in the Federal Republic of Yugoslavia – some 225,000 and Croatia – asome 85,000. About 300,000 refugees (of which two third in FRY and Croatia, and others in the EU countries) have not resolved their status. On the other hand, there are 40,000 refugees in BH mainly from FRY and Croatia.

The data that about 100,000 BH citizens left BH through the mediation of the International Organisation for Migrations (IOM)alone, since the signing of the Dayton Agreement five years ago is discouraging..

According to the current indicators, in the territory of BH, there are approximately 870,000 internally displaced persons, of which 55,3 percent are in the BH Federation and 44,7 percent are in the Republika Srpska. Out of the total number of persons displaced in the Federation of BH, 65 percent are from the Republika Srpska.

As of September 1, 2000, a total of 682,478 refugees and 321,730 displaced persons have returned to their homes. Of this number, 81,55 returned to the BH federation and only 18,45 to the RS. There were so called minority returns to BH F 78,64 percent and to RS 21,45 percent.

In comparison to the last year, a number of refugees and displaced persons who returned to their homes has increased. According to some data, approximately 60,000 citizens returned to their homes, primarily thanks to returnees themselves, who made initiatives and who organised themselves for return because they lost confidence in the readiness and capability of domestic and international organisations and institutions to handle with this subject matter. A numerous returnees at first stayed in the tents and ruined houses. Some of them succeeded in repairing houses with foreign assistance, some of them abandoned the project while some of them entered the winter period under the provisional accommodation.

A great step was made in return of the people to BH Federation, territory of Central Bosnia and partly to Mostar. We should note the evidently active policy of new mayors of Sarajevan municipalities in implementation of two-way return and in emptying the apartments of refugees and displaced persons. According to some data, the best results in return were achieved in the territory of the municipality of Prijedor were some 11,000 Bosniaks, Croats and others have returned so far. It is very important in view of the fact that Serb ultranationalists committed massive atrocities and organised camps for civilians in eastern and northwestern Bosnia. The arrest of war criminals from that region contributed to creation of the new atmosphere. The return of Bosniaks to eastern Bosnia and Herzegovina, i.e. to the territories in which the worst crimes against them were committed, is encouraging. However, the return to RS can be measured only in percentages that have not yet reached even ten percent of citizens of non-Serb nationality but who had been the majority before the war in that entity (Bosniaks, Croats and others). There is still restrictive return to the areas controlled by the Croatian Democratic Union. There is a negative approach towards return of Serbs again in the Una-Sana Canton, politically controlled by the SDA.

The returnees, particularly to the RS, are constantly exposed to terrorist acts, provocation and discrimination. The most serious attacks against Bosniaks took place in the area of Janja near Bijeljina in RS which lasted for several days. The attacks were registered in eastern Bosnia as well. The Croatian nationalists are trying to prevent people from returning to the places they are dominant majority. They are particularly maintaining the tensions in Drvar, place in which Croats did not live at all before the war. After many efforts, the evictions of mujahedeens – naturalised BH citizens, mainly from the Islamic countries, started from the Serb settlement Bocinja near Maglaj.

The behaviour of the local authorities towards the return of refugees and displaced person is unsatisfactory, because they do not provide any protection to the returnees and they delay the return of property, houses, apartments and business premises, thus preventing mass returns.

Contrary to the decisions of the High Representative by which private and former social ownership (transformed mainly into the state-owned) has to be protected throughout BH, there are usurpation and misuses of the land, particularly in RS and HDZ controlled area. Numerous private and social properties in the RS are being unlawfully allocated to Serb refugees and displaced persons, which presents a double attack against the process of return. There is a similar case with the land surrounding Mostar, intended for Croatian displaced persons. This thorough usurpation and mistreatment, accompanied by bribery and corruption, is a direct and organised resistance to implementation of the crucial provisions of the Peace Agreement that ask for the implementation of the right for return of people and their property as well as crucial condition for establishment of legal security, democratisation and normalisation in BH. Tens thousands claims for repossession of property have been filed in both entities, even to the international institutions. The decisions that had been passed on the basis of the claims, particularly in respect to repossession of property, were realised to low percentage. Somewhat better situation is with the return of apartments, particularly in the Federation in which 43 percent of claims were positively resolved (15 percent in Republika Srpska), of which 14 percent of passed decisions were realised (only 9 percent in RS). According to these data of 31 July 2000, in the territory of BH Federation, the gravest situation is in the Hercegovina-Neretva Canton and West Herzegovina Canton, with HDZ in power.

Positive examples of return of property are seldom and are typical for few environments. There is a visible progress in this field in Sarajevo, in which the atmosphere has been improved by establishment of new municipal authorities. The process of eviction is intensified throughout BH, however, the process of emptying the property from unlawful occupants is going on very slowly.

AUTHORITIES AND LAW

The situation regarding return of people and repossession of their property clearly speaks about the quality and character of the authority in BH, in both entities. The work of the central governmental authorities (Parliament and BH Council of Ministers) was mainly paralysed by the nationalists’ obstructions, particularly by the members of the SDS. In RS, the government was functioning regardless of the fact that it did not have support from the People’s Assembly the work of which was also completely paralysed in the last months. The High Representative removed from the office the President of RS, Nikola Poplasen, because of obstructions against the implementation of the Dayton Agreement and the place of President has not yet been fulfilled. The arrogant behaviour of the government of Edhem Bicakcic (SDA) toward the Parliament of BHF, obstructions by representatives of HDZ and not passing the set of important laws despite pressures exerted by the international community, are typical for the organs of the BH Federation.

The High Representative removed some 60 officials from their positions because of the obstructions to the Peace Agreement, corruption and other unlawful activities. Incompetence is also typical for all the levels of the authorities. It is a suitability determined by a party and belonging to certain political clans not the capability or competencies that are important for functions. Tens of politicians were removed from the election lists, most often because they were occupying someone else’s houses and apartments. Consequently, in the whole system, irresponsibility and decision-making out of the system, i.e. on the top of the national oligarchies, are reigning.

The High Representative abolished the entity property laws (even three in Republika Srpska) that were in the function of maintaining the ethnic cleansing and corruption. There is no information on the effects of the orders, which would testify that the decisions of the local authorities depriving people of their rights have been changed. Such a situation has encouraged a tacit recognition of the factual situation, which maintains the effects of aggression against BH and genocide committed against its citizens.

Significant efforts have been made in the area of judicial reform and there are tangible results in freeing the judiciary from parties’ control. Belonging to a party as a criteria for the employment, has now been replaced with the professional and moral standards thanks to the activities of the international officials. Within the framework of the action, the citizens could give their opinion in writing, with signature, on competence and moral qualities of a prosecutor, deputy prosecutor and all judges. We do not have information on the outcome of the action until now.

The BH Constitutional Court, by regaining trust in a possible establishment of the rule of law, legality and country protecting human rights, passed the most significant decisions. However, the key decisions were passed by this Court thanks to the votes given by three foreign judges (there are six domestic judges). The Serb and Croat members, under the control of the leading national parties, of the BH Constitutional Court, make an open nationalistic obstruction. Another problem lies in the fact that the decision passed by the Constitutional Court on constituency of all the three peoples throughout BH has not yet been implemented.

The Constitutional Court of the BH Federation that was for long time completely inactive, and with doubt that its mandate had expired, lately has become active but with a doubt also that its engagement was in the function of pre-electoral needs of SDA.

As of recently, the Cantonal Court and the Municipal Court I in Sarajevo show the best quality work. Many judges and their families are under police protection because of threats issued against them during the processes.

The interventions of the international community within the police system do not give expected results. Truly, there is a regular training according to reformed method, with participation of policemen of all the nationalities and women. There are different experiences with multi-ethnic police forces. The best situation is in Sarajevo, although there are less Serb policemen than necessary.

The Minister of Interior of the Republika Srpska, Sredoje Novic, explained the inengagement of the RS police forces in arrest of war criminals by the provision of the Constitution of the RS, which does not allow extradition of the citizens of that entity. Novic ignores the fact that the Peace Agreement obliges all subject in BH to take part and co-operate in discovering, arresting and condemning war criminals, and that the international agreement was adopted by the Security Council of the UN, the body of which is the ICTY. The RS police forces completely failed in preventing and discovering perpetrators of terrorist attacks against Bosniak and Croat returnees to RS.

Concerning the investigation of murder of Deputy Federation Minister of Internal Affairs, Croat Jozo Leutar, at the point when it was announced that possible persons giving orders and perpetrators could be Croats, a group of Croat officials left the BHF Ministry of Internal Affairs. In addition, the international mediators in this field disclosed the fact that the Croat policemen, both within the BH Federation police and cantonal police, do not react against maltreatment of returnees and discrimination against national minorities but that they even inform the persons who are to be arrested in order that they escape imprisonment and court proceedings. The UN Mission in BH accused the Internal Ministry of West Herzegovina canton of systematic violation of human rights, non-investigation of violations of human rights and non-punishment of police officers that violate the human rights. Apart from bad treatment of citizens, the police of this canton is accused of maltreating many imprisoned citizens. In the neighbouring canton (Canton No. 10 or Livno Canton), also with HDZ in power, the High Representative removed the Minister of Internal, Branko Matic, from the office because he was continuously using nationalistic (not official) markings and symbols which created the atmosphere of intimidation, discrimination against and prevention from process of return of Bosniaks and Serbs. Matic was ignoring all previous warnings issued by the High Representative. Matic was also kept responsible for unlawful storing the arms. In addition, Matic did nothing to compose a multi-ethnic police forces. No one of the 17 previously determined policemen of Bosniak and Serb nationality was employed.

As for the area controlled by SDA, the most difficult situation is in the Una-Sana Canton in which the police forces are not efficient in discovering assaults and different forms of harassment, but they are also involved in criminal actions. In that canton, citizens who do not promote the SDA but prefer civic political option are being in many ways discriminated and maltreated (including firing from job, physical assaults). Executive authorities, police forces, judiciary, some work organisations and institutions are taking part in that conspiracy. Among the suspects of deadly wounding of Djani Percic and serious wounding of his brother Dino in Tuzla, there was a member of the special police unit of Tuzla Canton, Samir Mehic. Several hundreds young people in Tuzla, who were supported by other citizens, protested against this crime and against inefficient and irresponsible police forces in this region. The police forces of this canton rigidly reacted against evictions in Tuzla and neighbouring municipality of Banovici by using batons even against women and children, which was reported by TV cameras. Allegedly, there were about ten policemen wounded as well. The IPTF claimed that the police forces in this case acted within their authorities. The public does not agree with such estimate. Moreover, IPTF was included in an organised prostitution and thus in trafficking in women in Prijedor. Six members of the international police were removed from the duties, removed from the UN Mission and returned home.

When speaking of effects of the multi-ethnic police forces, we can point out the police forces in the District of Brcko that remained homogenous and professional despite strong great-Serbia chauvinistic provocation and physical and verbal assaults. However, illegal demonstrations in Brcko have shown that the organisation and efficiency of the authority there is far beneath the declarations in the Brcko Statute, which specified that a multi-ethnic, multi-religious society and cultural pluralism must be reaffirmed there. Brcko should have been a model and example to encourage the entire Bosnia and Herzegovina. However, there is a very strong centre of Serb nazi-fascism, and in the down town there is a monument to Draza Markovic, Serb General from the II World War whose units committed massive slaughters specially over Bosniaks and anti-fascists of all nationalities.

YOUTH

The most threatening nationalists’ manipulation with children took place just in Brcko. The SDS and Flat Romania Chetnick movement (Chetnics are Serb nazi-fascists) organised high school Serb pupils and inspired them to demonstrate against attending the school together with Bosniaks and Serbs and to ask for annexation of Brcko to the neighbouring FRY. Some parents and teachers supported such chauvinistic behaviour. Moreover, even before the demonstrations, groups of Serb pupils were provoking and assaulting the Bosniak pupils regularly. Following this incident, the authorities in Brcko, organised the education of teachers with the aim to inform them of the crucial provisions of the Statute of the District of Brcko.

The HDZ also insists on separate schools and faculties for Croatian pupils and students (in Mostar) although the agreement was reached for several towns by the ministers of education of the BH Federation cantons, according to which Bosniak and Croatian children should go at least to the same school, even if their curricula were still different. There can not be reconciliation in BH in the long run, if children from the first grade are separated by curricula based on nationality and religion. Serb and Croatian youth are still using textbooks from the neighbouring states – FRY and Croatia. It was necessary to exclude the contents that inspire hatred, national and religious intolerance from textbooks for pupils of all three ethnic groups.

In the RS, prior to incident in Brcko, children were manipulated in chauvinistic purposes in Modrica where they took part in stoning the Bosniak returnees. Children are also recognised as perpetrators of destruction of tombstones on the cemeteries of all four confessions. In any of these cases, the instigators of such misdeeds were not discovered.

In RS, the subject religion is a compulsory subject, but only the Orthodox religion. Also, in the area of Una-Sana Canton (USK), contrary to the entity law, Islamic religion is a compulsory subject. According to the law, children are entitled to make their own decision which foreign language to study, but in that canton, contrary to the law, they have to study Arabian language as compulsory subject. In Una-Sana Canton, there is a discrimination against children whose parents have different opinion from the ruling SDA. There is a discrimination against such children in some schools even in distribution of humanitarian aid. The teachers of the elementary school “25 November” in Velika Kladusa, Nurka Behric and Sakib Selimovic, threw out from lessons four pupils who were not allegedly dressed properly, applying criteria for mosque not for school. Recently, there are some cases of harassment of pupils of Catholic School in the Sarajevan settlement Stup.

It is obvious that the project, initiated by the international factors, and in agreement with domestic officials, for establishment of unified curricula for all the pupils in BH, respecting national, religious and cultural needs – under such circumstances – is on the level of verbal acceptance which does not have a foothold in local authorities and religious-national organisations.

Social misery seriously affects the youngest pupils. There were registered cases of suicide among the pupils of elementary schools. Among them, there was a suicide committed by a pupil from Sarajevo because he did not have elementary conditions for studying (desk and chair), but he was excellent pupil. Children are being forced in begging and even in prostitution. Recently, there are more and more information in public on physical and psychical abuse of children, including the sexual violence. Even parents are perpetrators, and the abused children as a rule, knew the perpetrators (relatives, family “friends”). It is astonishing that, during the court proceedings, following the persuasion by parents themselves, charges are withdrawn, especially if “friends” are in question. Preventive and rehabilitation system against such situations has not been established. In addition, the problem is that there are no specialised educational-corrective institutions for under-age children.

There is a great danger in spreading drug addiction among the young people as post-war syndrome and due to difficult social situation. There are registered many fatal cases of drug addiction in the territory of Bosnia and Herzegovina, especially in Sarajevo and other bigger cities.

There is no evident public support, or support within the framework of the system, to projects that aim to establish communication between the youth regardless of the entity location, ethnic or religious orientation. There are projects worthy of notice, which are trying to bring closer schools from both entities through sports and other activities. We should mention the actions undertaken by the girls and boys from Gorazde, Srpsko Gorazde, Rudo and Visegrad who established “Coalition of Young People 21” (Koalicija mladih 21), to animate young people in taking the active social role.

WOMEN

Regarding the position of women, the issue of their status in the context of human rights was well present in the media. mainly because of discrimination of women in our society, and sexual exploitation. In BH, trafficking in women is widely spread. Women and girls are being “imported” mainly from Russia, Ukraine, Moldavia, Romania, and then sold and re-sold and forced into prostitution. Thanks to the greater engagement of IPTF, financial stimulation and the USA, the police is actively working on discovering the trafficking in women and bringing criminal charges against perpetrators. However, there are some cases in which even the policemen were involved in this kind of crime and allegedly some members of the international police (IPTF) are involved in this crime as well. With the international assistance, some foreign female citizens were, on their own request, returned to their homelands, but some of them either voluntarily or under new pressure continue to prostitute.

In fact, there are few institutions dealing with protection of girls and women who are raped or who were victims of any form of violence. Two-day conference under the title: “Dialogue on Equal Rights of Men and Women” was held in the Human Rights House of Sarajevo. The Helsinki Committee for Human Rights in BH and the Helsinki Committee for Human Rights in RS organised a workshop under the topic: “How to Prevent Domestic Violence”. In both cases, the purpose of the initiated activities was to regulate the issue of family and equality of women through passing the corresponding laws, that is, through reform of the criminal and family codes and civil proceedings. It is of particular importance to establish legal protection in cases of domestic violence the victims of which are women and children. Domestic violence presents one of the bigger problems nowadays in Bosnia and Herzegovina.

There is a breakthrough in a political affirmation of women done in the organised actions by foreign and domestic factors. They are more and more present in assemblies and executive authorities, and they are socially engaged through media as well.

RELIGION

The inter-religious dialogue led on the level of the leaders of all the four religious groups in BH (Islamic, Roman Catholic, Orthodox, Jewish) is without much effect in everyday life. The efforts and influence of the priests enthusiasts who sincerely and with dedication work on renewal of inter-religious and inter-ethnic confidence do not achieve desired effects because of politicising by leaders of religious communities.

Contrary to the BH Constitution, the Serb Orthodox Church (based in the neighbouring FRY), according to the Constitution of RS, is established as “state” church with monopoly position. Because of that there is a discrimination against other religious communities and citizens who are not Serbs, Orthodox. In addition, the anthem and oaths (in assemblies, courts, and similar) in RS are imbued with exclusively Orthodox contents and messages that are imposed upon the officials and citizens of other religion or atheists. Also, the state institutions have mainly Orthodox saints as their patrons.

The Roman Catholic church in BH headed by Archbishop of Vrhbosna, the Cardinal Vinko Puljic, on the eve of the general elections, again openly stood by the HDZ party. The Islamic Community is in the function of political needs of SDA.

The authorities in RS, despite the decisions passed by the Human Rights Chamber, which are final and binding, and High Representative’s order, slow down the reconstruction of the main mosque in Banja Luka. The reconstruction of the Muslim and catholic temples in RS is in correlation with the return of Bosniaks and Croats.

The cemeteries are still the targets of clerical and nationalistic rage. The targets are the tombstones of all the four religions. There was a particularly difficult incident on the Jewish cemetery in Sarajevo in which a group of teenagers allegedly rascally and on their own initiative destroyed 28 tombstones.

We should specially emphasise the following clerical-nationalistic assaults: placement of big size provoking crosses by the Roman Catholic Church in the places which irritate Muslims (the hill above Mostar from which the Croatian Extremists were firing from artillery at Bosniak settlements, place of Pocitelj which is a monument of Islamic culture, rarity in beauty and value, in the area of Zepa, the crosses are placed in a form of a fence...); construction of Orthodox churches on the grounds of destroyed mosques and on the land owned by the Bosniks, Muslims; provoking and aggressive celebration of Bairam, with shootings in many cities, this year it was characteristic in Tuzla.

MEDIA

The Helsinki Committee for Human Rights in BH made a special detailed analytical report on the state of media from the aspect of human rights. We are giving basic characteristics of the state in the sphere of media

In the past year, the Helsinki Committee for Human Rights in BH specially focused on establishment of legislation for media, and included actively in all forms of activities relating to freedom of expression and establishment of legal frameworks in this domain. This engagement, initiated by the Office of the High Representative, resulted in the adoption of the Law on Free Access to Information, being one of the crucial footholds for civic freedoms and rights. So far, this issue has been regulated only at the state level. Additional efforts will be needed in order to pass the corresponding laws at the entity levels.

It is very important, through law regulations, to disable the governmental authorities and politics to legally control public media. In the greatest number of cantons in the BH Federation, there are laws on information containing a disputable measure of compulsory registration of media with the cantonal ministries, which control legality of the work of public media in the canton. That “control” role has not been defined, thus creating possibility for different misuses. Among else, there are examples that for the failure to register, editors-in-chief should pay money fine as much as five times greater than fines foreseen for responsible persons in the authorities if they do not submit information to a journalist. The Federation Ombudsmen’s opinion is that there is no reason for the existence of any control over the broadcast in the cantons and that any registration of media with the executive government authorities is unacceptable and asked for abolishment of that obligation. Only Tuzla and Una-Sana Canton met this demand. Ministry of Information acted at the level of RS, although recently without the Minister.

A number of media, particularly at the local level, is under direct control of the ruling national parties and depends on the municipal and cantonal budgets. This contributes to reduction of freedom of thought and expression and to auto-censorship of journalists. There is also present clannishness of the sources of information, selective and incorrect relationship of the government authorities toward public media. Press releases for public on the work of the Presidency of BH are being given under completely unconditional circumstances. At that time, the Chairman of the BH Council of Ministers, Spasoje Tusevljak, refused to present information to a journalist on the expenses of his trip to the Olympic Games in Sydney although they were from the budget funds. In Republika Srpska, excepting the approval for reporting, TV crews had to pay some money in order to take photographs. The leaders of the religious communities still insist on their peculiarities in respect to the right of public to be informed on activities performed by all socially relevant factors, especially the leaders of the Islamic Community and of the Roman Catholic Church, because of the critics addressed in the name of support to the Croatian Democratic Community by Archbishop, Cardinal Vinko Puljic, in the key moments during the election campaign.

In this year also, the norms regulating domain of public expression were being violated also by the authorities themselves. According to the OSCE, which established Help Line to help journalists in protection of their right, out of 132 reported cases of assaults, as much as 25,5 percent (49 cases) of them related to the government and other public officials and moreover, 5 percent (7 cases) related to the police. There were 20,3 percent (28 cases) of unknown perpetrators, and there were 20,3 cases without political background. The journalists and media are daily exposed to letters and phone calls issuing threats, and the journalists themselves as well as the members of their families are often menaced with death.

Only after the intervention of the BH Ombudsmen, a judge of the Municipal court II, who sentenced journalists to imprisonment, without any grounds and contrary to the Decision of the High Representative, by which the category of libel and defamation as criminal acts was abolished. At the Basic Court of Banja Luka, the journalists were being examined on the request of the District Court from the other state (Sremska Mitrovica- Federal Republic of Yugoslavia), for alleged insulting of the former President of FRY, Slobodan Milosevic, indicted for war crimes by the Hague Tribunal. The inspectors of the Ministry of Internal Affairs of Tuzla Canton examined a journalist following a dispute of a politician and a judge from Tuzla. There was no statement in which capacity the journalist was called to the police.

Physical assaults against journalists by politicians and their perpetrators are characteristic for Republika Srpska (especially for the Serbian Democratic Party and the Party of Independent Social Democrats), but there are assaults in the territory of the BH Federation as well, in Sarajevo (attacks in connection to critics against the Party of Democratic Action and its leaders), in Mostar (placing of bombs on the desk of the editor-in-chief as a warning after the documentary serial on war crimes over Bosniaks). In the territory controlled by the Croatian Democratic Union (Livno), with apparent agreement by the local authorities two journalists in a pamphlet were proclaimed “traitors” of Croatian people, which was in fact a public call for lynch.

Particularly morbid attack was carried out by Bosniak children headed by a son of the local Imam in Tuzla against a son of the Deutsche Welle reporter from Tuzla, asking from the latter to declare whether he was Serb or Croat and menacing him with death. The Islamic extremists from the movement of vehabije threatened a journalist in Tuzla because of his critical writings about them.

It is astonishing that the majority of perpetrators and givers of orders for attacks against journalists and media houses are still out of reach of law.

There is a particularly indicative case of manifold pressures exerted by the leaders of the party of Democratic Action against a daily newspaper Dnevni avaz, which made a program-editing reorientation, leaving the position of media controlled by SDA. A journalist of this paper was a target of attacks performed by a driver of the Prime Minister of the BH Federation and Vice President of the Party of Democratic Action, Edhem Bicakcic, who also organised unlawful breaking in the premises of Dnevni avaz by the Federation Financial police accompanied by the Federation Police, thereby disturbing technological process and making threatening atmosphere in the editorial and printing office. The Helsinki Committee for Human Rights in BH this time also reacted quickly and sharply several times along with other non-governmental organisations, which contributed to abolishment of the action conducted by the Financial Police, under the order of the High Representative.

Pressures and manipulations with public media, as well as nationalism expressed through media were particularly expressed in the election campaign. According to the findings of the Helsinki Committee for Human Rights in BH and the OSCE Mission, number of threats against journalists and public media was doubled as compared to the summer and autumn, 1999, and quadrupled as compared to May and June.

The Independent Media Commission (IMC) two times fined TV Kanal S because it was provoking national intolerance and encouraging revenge against Bosniaks. Radio Bratunac was fined for broadcasting invitation to oppose to return of Bosniaks to this municipality, this having as consequence injuries of returnees. Radio-Doboj, Radio Srpsko Sarajevo and Radio Srebrenica were fined for supporting the Serb Democratic Party in pre-election time.

RTV of Una-Sana canton, under the control of the Party of Democratic Action, was fined for broadcasting the show provoking national intolerance against Serbs as well as revenge. The Independent Radio FERN was fined for broadcasting a part of Muslim prayer “Allah-u-egber” during the broadcasting of church music dedicated to the Orthodox holiday Easter.

IMC several times fined RTV stations controlled by the Croatian Democratic Union (Croatian TV Mostar, Croatian radio station Mostar, Croatian radio TV Herzeg-Bosnia, Croatian TV Mostar – Oskar C) for ceding the programme only to one party and political options (Croatian Democratic Union and similar smaller parties). These stations in the last year were not fined for provoking national intolerance, however, it should be noted that HDZ, even through these media, conducted aggressive and negatively intoned election campaign, which was directed against the Dayton Agreement, BH Federation and by doing that it was provoking national intolerance, in this case particularly against Bosniaks.

The leading national parties, SDA, HDZ and SDS were frequently accusing the most influential media before and after the elections, because of how they had treated them. The complaints of SDS concerning the RTV RS are to a great extent justified since the Prime Minister of Republika Srpska, Milorad Dodik, put the house in the service of his election needs. SDA and HDZ accentuated media that are “paid” and under “direct control” of foreigners.

Despite pressures and incorrect behaviour of some media outlets, the Helsinki Committee for Human Rights in BH deems that the major part of BH media, with their fair reporting and comments contributed that this year’s elections pass in the atmosphere which can be found in the countries of high democracy.

The IMC started issuing long-term work licenses for electronic media in BH. The license was not given to the Bosniak Radio TV International, which is under the control of SDA, with an explanation that that RTV could not be a private institution because it was financed from special domestic and international sources. The public and media associations were split in their assessment of the decision. The IMC ended illegal presence of media houses from the neighbouring countries (EROTEL as mediator in transmitting the RTV programmes from Croatia and a ban to work was imposed on the transmitter of Radio Yugoslavia, based in the Federal Republic of Yugoslavia).

The delay in transformation of the public broadcasting network in BH and hesitation of the international factors have negatively reflected on this essential segment of information of citizens and on development of democracy. The High Representative passed the decision by which the framework for re-establishment of public broadcasting system in BH would be established, more precisely confirmed, and it would be composed of: PBS (Public Broadcasting Service at the level of the state), and entity RTV organisations – RTV of the Federation of BH and RTV of Republika Srpska.

The whole procedure is under the sign of political trade, at the expense of the BH citizens and peace process in BH. It seems that the international factors still do not know what they want, their representatives did not engage enough, they did not show creativity and responsibility in the work. while in meantime there is degradation of RTV BH on the scene. The light point in this process was a joint work of RTV BH and RTV RS within the pilot broadcasting of PBS during the Olympic Games in Sydney.

Negative influence of the authorities, in the sphere of public information, is reflected in the domain of economy. Under the conditions of minimum industrial production, narrowed market and weak purchasing power – media have been burdened with numerous and high taxes. Above all, the Government of the Federation of BH imposed additional 12 percent tax on the sale of dailies, weeklies and periodical newspapers and magazines, justifying such step, on no valid grounds, that it was a request of the international financial institutions.

Concerning the status of the public media outlets we can point at the serious problem expressed in inappropriate self-organisation of journalists and other media workers and slow establishment of the system of self-regulation in this domain. In BH, there are five journalists’ association the relations of which are disturbed by introducing national inter-ethnic relations in professional relations. However, with additional efforts invested by the international factors and with principal behaviour of the management of the Independent Union of Professional Journalists in BH, finally the Council for Press was established, as self-regulatory body in written media. The Council for Press should promote the journalists’ ethics, professional standards and to defend freedom of media as well as to supervise the implementation of Code for Press.

Obviously, trade-union organisation of journalists and other media worker is poor. There is also disunion and invidiousness, without taking care of the joint protection of joint interests. Numerous strikes, especially in local media, were more expression of revolt of the groups of media workers than of change in the sense of trade-union awareness. Recently, the trade union of Oslobodjenje particularly perked up.

Generally speaking, the human rights have become permanent content of many influential media in BH and the media relationship toward the issue of human rights is one of the important measures for their professional and market validity. Some of independent media show their tendency toward research work and issues dealing with human rights. Unfortunately, some of the attempts in that direction (as it was the case with the Saturday supplement to Oslobodjenje “POGLED”) failed at the very beginning.

The Helsinki Committee for Human Rights in BH emphasises that, in spite of all the above-mentioned difficulties, there is a process in course that is directed towards development of media following the criteria of modern democracies. Even the last year has confirmed that that we have public media that have closely approached parameters of European journalism. We would specially like to emphasise the fact that Nezavisne novine (Independent Newspaper), with its contents and composition of editorial office, is more and more becoming truly BH newspaper that strives to affirm itself on the basis of the principles of investigative journalism and democratic way of thinking and emancipation of Dnevni avaz that is to be supported in its strivings to promote its program-editing policy. We are expecting more radical transformation from Oslobodjenje after the privatisation that will significantly expand the influence of the creator of the independent journalism in BH.

The Helsinki Committee for Human Rights in BH deems that its primary task and responsibility is to co-operate with BH media outlets and other non-governmental organisations in order to create the environment in which public media will be in the service of realisation of fundamental rights and freedoms of the citizens of Bosnia and Herzegovina and thereby capital factors of the peace process and democratisation of Bosnia and Herzegovina.

CONCLUSION

The human rights and freedoms in Bosnia and Herzegovina are not constitutionally protected, that the internal constitutional system, which is according to the BH Constitution obliged to respect and implement the crucial internationally relevant conventions on human rights, has not been harmonised yet. BH is still a victim of the motives and consequences of war. Such a situation, daily drifts away the BH citizens from the implementation of their fundamental rights – physically and legally. It is very difficult to establish the active democratic core, which will act internally to change the state of social depression. The International Peace Mission has not stabilised either its conceptual or organisational attitude towards BH or in domain of the human rights as well.

Organisations that act in the field of implementation and protection of human rights and freedoms, including the Helsinki Committee for Human Rights in BH, share the fate of such a situation. The human rights and freedoms, thanks to persevering and steady commitment of the Helsinki Committee, is becoming a growing part of the post-war expression of the maturity of the consciousness, a potential agent of its demographic, economic, political, inter-personal revival. However, active and stable support of all those who consider the battle for realisation and protection of human rights a sincere mission is necessary in this capital segment of civilisational revitalisation of Bosnia and Herzegovina.

No: 25A-01/2001

▲ To the top