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<p align="justify"><b>Doc. 8381</b></p>

<p align="justify">20 April 1999</p>

<p><b>Political situation in Bosnia and Herzegovina</b></p>

<p align="justify">Information report</p>

<p align="justify">Political Affairs Committee</p>

<p align="justify">Rapporteur: Mr Peter Bloetzer, Switzerland, Group of the European People&#8217;s Party</p>

<p align="justify"><i>Summary</i></p>

<p align="justify">The Peace Implementation Council, meeting in Madrid in December 1998, pointed out the progress carried out by Bosnia and Herzegovina (BiH). It was also of the opinion that a lot remains to be done and that the drive to establish the rule of law should go hand in hand with action to strengthen both the common institutions and those of the entities.</p>

<p align="justify">The Serb entity - the Republika Srpska - faces growing institutional difficulties since the election of an ultra-nationalist President, Mr Poplasen, in September 1998. In March 1999, following Mr Poplasen's dismissal and the decision of the Arbitral Tribunal on the final status of Brcko, the Serbs of BiH decided to withdraw from the common institutions for an indefinite period.  This resulted in the blocking of State institutions.</p>

<p align="justify">These difficulties show the necessity to strengthen the State and its institutions. The authorities of the country and the High Representative in BiH believe that a rapid accession to the Council of Europe would contribute to this strengthening, would show support for those in favour of the dynamic implementation of the Dayton Agreement and constitute a recognition of BiH population's deserving efforts. It would also give a clear signal to the authorities of the FRY and to those of the other countries of the region.</p>

<p align="justify">The report however, recalls that proper functioning of the common institutions is one of the main conditions for accession. It is therefore essential that no time be lost in ensuring that the Bosniacs, the Croats and the Serbs all take a constructive role in the work of the </p>

<p align="justify">common institutions and the institutions of the entities, in a spirit of co-operation, in order to fully comply with the Dayton agreement. Efforts must be made to improve co-operation, firstly, within State institutions and, secondly, between the State and entity authorities. The report also recommends the appointment of professional civil servants, who will not show political bias.</p>

<p align="justify"><b>I. INTRODUCTION</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bosnia and Herzegovina (BiH) applied to join the Council of Europe in April 1995.  In September 1997 the Bureau of the Assembly drew up a list of minimum short-term conditions to be fulfilled by the BiH authorities, to allow initiation of the accession procedure.  Compliance with those requirements has been assessed in close co-operation with the High Representative and with other international agencies present in BiH.  On account of the progress noted during a visit by the rapporteurs in January 1998, the Bureau opened the procedure in March of that year.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The eminent lawyers visited the country in September 1998 to examine the conformity of its legal order with Council of Europe standards.  In January 1999 the Committee of Ministers formally invited the Assembly to give an opinion on Bosnia and Herzegovina's application to join the Council of Europe, and the report by the distinguished lawyers was declassified.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; During the January 1999 part-session, the Political Affairs Committee authorised the Rapporteur to visit the country with Mrs Gelderblom-Lankhout, rapporteur for opinion of the Committee on Legal Affairs and Human Rights.  The two committees also held an exchange of views with the High Representative in Bosnia and Herzegovina, Mr Carlos Westendorp.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Before our visit, which was scheduled from 23 to 27 March 1999, the political situation in BiH suddenly deteriorated to the point where the functioning of the institutions common to the two entities became blocked. Given these circumstances, the Chairman of the Committee of Ministers and the Secretary General, who were to have visited the country from 15 to 17 March, inter alia to discuss the conditions for accession, decided to postpone their journey.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly's rapporteurs nevertheless decided to go ahead with their visit. Their programme included meetings in Sarajevo and in Banja Luka in the Republika Srpska.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; NATO launched its first air-strikes against the Federal Republic of Yugoslavia on the eve of the rapporteurs' departure for Banja Luka.  For security reasons, it was decided to defer the meetings scheduled to take place in the Serb entity until a future visit.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; From 23 to 26 March 1999, the rapporteurs held meetings in Sarajevo with Bosniac and Croat representatives and with representatives of the international community (See Appendix 1).  The discussions principally focussed on the political situation within the country.  Most of the persons concerned emphasised the progress achieved in Bosnia and Herzegovina since the signature of the Dayton peace agreement in 1995, as acknowledged by the Peace Implementation Council at its meeting in Madrid in December 1998. </p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; They also commented on the institutional problems currently being encountered by the State and its Serb entity - the Republika Srpska - where ultra-nationalist in power try to obstruct the proper implementation of the Dayton agreement for peace in BiH. All persons the rapporteurs met, and in particular the High Representative in BiH, Mr Westendorp, maintain that the country's rapid accession to the Council of Europe would contribute to the strengthening of the State and its institutions and show support for those in favour of a dynamic implementation of the Dayton Agreement. Consequently, conditions to the accession should be easy to fulfill.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; </p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Rapporteur would like to express special thanks to the BiH authorities for organising the visit, the Hungarian ambassador in Sarajevo, Mr Kocsic, the Ombudsperson in Bosnia and Herzegovina, Mrs Haller, the Council of Europe representative in Sarajevo, Mr Iiskola, who drove the delegation from Sarajevo to Ljubljana in his own car following the closure of Sarajevo airport, and to Mrs Coin and Ms Hügel of the Office of the Clerk of the Assembly, who accompanied the rapporteurs.</p>

<p align="justify">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This document reports on the political situation in Bosnia and Herzegovina since the opening of the accession procedure in March 1998.  In view of the country's current institutional problems, the report focuses on the functioning of the country's political institutions, in particular in the light of the Madrid conference on implementation of the peace agreement, held in December 1998, and the events of March 1999.</p>

<p align="justify"><b>II.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; POLITICAL INSTITUTIONS</b></p>

<p align="justify">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The State of BiH, whose constitution appears in Annex 4 to the Dayton peace agreement, is made up of two entities - the Federation of Bosnia and Herzegovina (FBH) and the Republika Srpska (RS) - and has three main constituent peoples, the Bosniacs, the Croats and the Serbs.  As the eminent lawyers point out in their report, the Dayton Agreements give very limited powers to the State.</p>

<p align="justify">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Elections were most recently held on 12 and 13 September 1998.  These concerned executive and legislative institutions at national level, at the level of the entities and at local level<sup><a href="#P56_7031" name="P56_7032">1</a></sup>.  A delegation from the Parliamentary Assembly observed the general elections organised in the two entities.  The rapporteur concluded that the polls had taken place under better conditions than the previous ones, which had been held in 1996 and 1997, despite a number of serious problems<sup><a href="#P57_7454" name="P57_7455">2</a></sup>.  She also noted that the electoral law governing the 1998 ballots had resulted in a reinforcement of parties founded on an ethnic basis and prevented voters from voting across the borders between the entities.  A new electoral law must therefore be passed.</p>

<p align="justify"><b>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; State institutions</b></p>

<p align="justify">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bosnia and Herzegovina has a collegial presidency consisting of a Bosniac and a Croat member, elected by the Federation, and a Serb member, elected by the RS.  Following the presidential elections in September 1998, a new collegial presidency chaired by Mr Ziko Radisic (Serb) and including Alija Izetbegovic (Bosniac) and Ante Jelavic (Croat) took office.</p>

<p align="justify">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Council of Ministers is headed by two co-Prime Ministers, Mr Haris Silajdzic (Bosniac) and Mr Svetozar Mihajlovic (Serb), and by a co-Deputy Prime Minister, Mr Neven Tomic (Croat).  There are currently only three ministries: foreign affairs (under Mr Jadranko Prlic), foreign trade and economic relations (Mr Mirsad Kurtovic) and civilian affairs and communication (Mr Marko Asanin).  To strengthen the Council of Ministers, three new ministers may shortly be appointed, whose portfolios would cover justice, refugees and finance.</p>

<p align="justify">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Parliament consists of a House of Representatives, elected in September 1998, and a House of Peoples.  Parliamentary committees were appointed in December 1998.</p>

<p align="justify"><b>ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The institutions of the entities</b></p>

<p align="justify"><i>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Federation (FBH)</i></p>

<p align="justify">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In the Federation executive authority is vested in a President and a Vice-President.  The head of government is Mr Bicakcic, who also chairs the special guest delegation to the Parliamentary Assembly.  Like the State parliament, the Federation parliament is made up of a House of Representatives and a House of Peoples.</p>

<p align="justify"><i>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Republika Srpska (RS)</i></p>

<p align="justify">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The RS executive includes a President, a Vice-President and a government.  Parliament consists of a single-chamber National Assembly.  Since the opening of the accession procedure in March 1998, the RS had made significant progress.  The then President, Mrs Biljana Plavsic, and the government of Prime Minister Dodik - both moderates - had given their backing to democratic reform and co-operation with the international community.</p>

<p align="justify">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; However, in the September 1998 presidential elections Mrs Plavsic, who had the support of the international community, was beaten by an ultra-nationalist, Mr Poplasen.  Despite the moderate majority in parliament, Mr Poplasen did not reappoint Mr Dodik as Prime Minister.  He refused to appoint a Prime Minister capable of obtaining the majority in Parliament, which is controlled by Serb moderates, relying on support from Muslim and Croat MPs, and thus plunged the RS into a political crisis.</p>

<p align="justify"><b>III.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; THE PLENARY MEETING OF THE PEACE IMPLEMENTATION COUNCIL (Madrid, December 1998)</b></p>

<p align="justify">19.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The most recent plenary annual meeting of the Peace Implementation Council (PIC) was held in Madrid on 15 and 16 December 1998.</p>

<p align="justify">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In its Final Declaration, the PIC notes the significant progress made in 1998 with regard to the establishment of basic political and economic institutions at State level, the passing of key legislation, improved freedom of movement, continued reform of the media, and the tendency towards increased pluralism and tolerance in the wake of the most recent elections.</p>

<p align="justify">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The PIC also points out that much work remains to be done, since BiH's structures remain fragile.  It calls, inter alia, for an intensification of the efforts to establish conditions conducive to the return of a large number of refugees and displaced persons.  The PIC confirms its determination to strengthen BiH by instituting the rule of law, reinforcing the common institutions, establishing a sustainable market economy and speeding up the democratisation process.</p>

<p align="justify">22.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On the subject of institutions, the PIC takes the view that the main institutions exist and are now operational, but are not yet sufficiently effective.  The drive to establish the rule of law should go hand in hand with action to strengthen both the common institutions and those of the entities.</p>

<p align="justify">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; To that end, the PIC asserts its support for the High Representative's efforts to improve the financing of the State institutions, the decision-making process within the presidency, the structure of the Council of Ministers and co-operation between State and entity authorities.  It also favours the emergence of an apolitical, career civil service and the passing, as soon as possible, of legislation giving a stronger foothold to the existing institutions and establishing new ones.</p>

<p align="justify">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In addition, the PIC points out that measures must be taken to combat corruption in both of the entities and to eliminate the unlawful parallel institutions existing in the Federation.</p>

<p align="justify">25.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Measures to strengthen the democratisation process in BiH are also envisaged.  These involve the passing of a new electoral law, greater openness in relations between the entities and their administrative bodies, continuation of the reform of the media, educational measures, harmonising the constitutions of the entities with that of the State, and fostering civil society.</p>

<p align="justify">26.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The PIC is in favour of reinforcing ties between BiH and Europe, in particular by allowing the country to join the Council of Europe.  An annex to the Madrid Declaration entitled &quot;Bosnia and Herzegovina within Europe&quot; deals with the strategy to be pursued in respect of the European institutions (See appendix 2).  In this connection, the PIC urges the High Representative closely to monitor BiH's progress in meeting the criteria for membership of the Council of Europe.  It points out that BiH must move fast to take the necessary steps as regards the electoral law, legislation ensuring compliance with the European Convention on Human Rights, the judicial system, property, the police, the media and the functioning of the human rights institutions.</p>

<p align="justify">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The PIC also declares its support for the High Representative, whom it invites to continue taking the necessary steps to overcome any obstacles to implementation of the peace agreement. The High Representative is currently the main civilian force in Bosnia and Herzegovina.</p>

<p align="justify">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Mr Carlos Westendorp has held office as High Representative since 1997.  He is behind the adoption of a new flag, a new coat of arms, a new passport, a new currency (the convertible mark) and new vehicle licence plates, making it impossible to identify a vehicle's region of origin.  He has also made use of his authority to bar from office elected representatives who have impeded implementation of the Dayton agreement.</p>

<p align="justify"><b>IV.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DEVELOPMENTS SINCE MARCH 1999</b></p>

<p align="justify"><b>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The decisions of 5 March 1999</b></p>

<p align="justify"><i>a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Dismissal of the President of the RS, Mr Poplasen</i></p>

<p align="justify">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 5 March 1999, taking the view that the attitude shown by Mr Poplasen ran counter to implementation of the Dayton agreement, the High Representative announced the President's immediate removal from office pursuant to the authority conferred on him in Madrid.</p>

<p align="justify">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Mr Poplasen and the parliament of the RS rejected the decision, and the Vice-President, Mr Mirko Sarovic, who was required by the constitution to take over as President, refused to challenge Mr Poplasen's legitimacy.</p>

<p align="justify">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The European Union presidency gave the High Representative its unconditional backing and urged all the authorities, particularly those of the RS, to uphold his decision and continue to work with the international community towards full implementation of the Dayton peace agreement.</p>

<p align="justify"><i>b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The final status of Brcko</i></p>

<p align="justify">32.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The town of Brcko is of essential strategic importance as it is located within a narrow corridor linking the western and eastern parts of the RS.  Before the war the local population was mainly Bosniac and Croat, but Serbs are now in the majority.  Under the Dayton agreement the town belongs neither to the Federation nor to the RS.  It was decided that its final status would be determined by arbitration at a later date.</p>

<p align="justify">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Federation and the RS both wanted exclusive control of the area, and the decision was therefore deferred on a number of occasions.  On 5 March 1999 Roberts B. Owen, who chaired the Arbitral Tribunal, finally announced that the pre-war municipality of Brcko, which had been divided between the two entities since the signature of the Dayton agreement, would constitute a separate neutral zone placed under the State's authority.  The decision also stipulated that the territorial continuity of the RS would be guaranteed.</p>

<p align="justify">34.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Following that announcement, the EU presidency reminded the parties that, under the Dayton peace terms, the arbitrators' decision was final and binding and that it was mandatory for them to comply immediately.  It also pointed out that, in Madrid, the leaders of BiH and its component entities had reasserted their firm intention to uphold and implement any further decision taken by the arbitrators in 1999.</p>

<p align="justify">35.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 7 March the parliament of the RS nevertheless rejected the decision and asked that it be cancelled.  The High Representative, however, declared his support for the arbitration tribunal's verdict.</p>

<p align="justify"><i>c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The consequences of these two decisions</i></p>

<p align="justify">36.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The decision on the final status of Brcko was announced on the very same day as Mr Poplasen's removal from office.  The concurrent announcement of these two decisions, whether intentional or not, was very badly received by the Serbs, who decided to withdraw from the common institutions for an indefinite period. </p>

<p align="justify"><b>ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The attack of 16 March 1999 and the Croat boycott</b></p>

<p align="justify">37.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 16 March the FBH's Deputy Minister of the Interior, a Croat, was the victim of a bomb attack, which ultimately cost him his life.  This angered the Croats, who, in turn, announced a one-week moratorium on their participation in the common institutions from 22 to 28 March.</p>

<p align="justify"><b>iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Blocking of the common institutions</b></p>

<p align="justify">38.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The common institutions function on the basis of participation of representatives of all three ethnic groups in the decision-making process.  The successive announcements by the Serbs and the Croats that they were provisionally suspending their participation in those institutions therefore blocked their functioning.</p>

<p align="justify"><b>iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The impact of the crisis in Yugoslavia</b></p>

<p align="justify">39.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; According to the BiH authorities, the impact of the Yugoslav crisis on their country is less strong than might have been expected. However, NATO action in the FRY tends further to undermine the position of the moderates in the RS, in particular that of M. Dodik, the interim Prime Minister, and to exacerbate the existing tensions. The leaders of the ultra-nationalist parties have denounced the intervention, and demonstrations against the NATO air-strikes, attended by several thousand people, have been organised in the RS. Most of the international organisations' staff  present in RS has been withdrawn. </p>

<p align="justify">40.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Serb State president, Mr Radisic, and Mr Dodik are nevertheless resolutely keeping their distance from Mr Milosevic's régime.</p>

<p align="justify">41.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It should also be pointed out that, according to the HCR, as of 12 April 1999, about 27 300 refugees (Kosovo Albanians, Serbs and Bosniacs from Sandjak) have arrived in BiH since 24 March 1999.</p>

<p align="justify"><b>V.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; CONCLUSIONS</b></p>

<p align="justify">42.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The blocking of the common institutions' functioning in March 1999 therefore came in addition to the institutional problems in the RS.  The people whom the rapporteurs met in Sarajevo, first and foremost the High Representative, nevertheless insisted that the current institutional difficulties should not overshadow the constant progress which has been made since the Dayton agreement was signed in 1995, in particular the achievements of 1998.</p>

<p align="justify">43.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; These difficulties show both the vulnerability of the institutions and the need to strengthen the State of BiH, a process which could be aided by closer integration into the European institutions.  Given the current geopolitical context in the Balkans, allowing Bosnia and Herzegovina to join the Council of Europe would be a clear political message to the authorities of the FRY and to those of the other countries of the region. BiH should therefore be regarded as a special case.  The admission criteria must be realistic and leave room for the country's rapid accession, which would be a recognition of its population's deserving efforts.</p>

<p align="justify">44.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The High Representative presented the rapporteurs with a revised list of minimum conditions to be fulfilled by September 1999 (see appendix 3).  These concern the functioning of the common institutions, elections, continued revision of legislation to ensure compliance with the European Convention on Human Rights, reform of the judicial system, legislation on property, the police, the media, the functioning of the human rights institutions, the Constitutional Court of BiH, education and economic reform.</p>

<p align="justify">45.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; During the rapporteurs' visit, the BiH authorities indicated that an &quot;operative plan of activities on elimination of obstacles to admission of Bosnia and Herzegovina to the Council of Europe&quot; had been drawn up.  The Chairman of the special guest delegation has also specified that the delegation has contacted various State and entity institutions to identify measures to be taken with a view to accession.</p>

<p align="justify">46.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Rapporteur already concurs with the proposals made by the High Representative, in particular those concerning the common institutions, and wish to emphasise that <b>proper functioning of those institutions is one of the main conditions of the accession.</b></p>

<p align="justify">47.<b>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is therefore essential that no time be lost in ensuring that the Bosniacs, the Croats and the Serbs all take a constructive role in the work of the common institutions and the institutions of the entities, in a spirit of co-operation, in order to fully comply with the Dayton agreement on peace in Bosnia and Herzegovina.</b></p>

<p align="justify">48.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Efforts must be made to <b>improve co-operation, firstly, within State institutions and, secondly, between the State and entity authorities</b>.  Each institution must meet on a regular basis and gear itself for action.  It is also necessary to appoint a corps of career civil servants, who will not show political bias.</p>

<p align="justify">49.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Mrs Gelderblom-Lankhout, rapporteur for the Committee on Legal Affairs and Human Rights, will discuss other criteria, in particular the functioning of the human rights institutions, the judicial system, legislation on property and the return of the refugees, the electoral law, and education, in a separate document.</p>

<p align="justify"><b>APPENDIX  I</b></p>

<p align="justify"><b>Programme of the visit of the Rapporteurs to Bosnia and Herzegovina</b></p>

<p align="justify"><b>(23-26 March 1999)</b></p>

<p align="justify"><b>Tuesday, 23 March 1999</b></p>

<p align="justify">14:45&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Arrival to Sarajevo of Mr Peter Bloetzer</p>

  <ul><p align="justify">Rapporteur of the Political Affairs Committee of the Parliamentary Assembly</p>

</ul><p align="justify">17:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with Mr Halid Genjac, Speaker of the House of Representatives and Mr Izet &#381;igi&#263;, Vice-Speaker of the House of Peoples</p>

<p align="justify">18:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;  Meeting with leaders and representatives of political parties</p>

<p align="justify">19:30&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Dinner hosted by Special Guest Delegation of Bosnia and Herzegovina to the Council of Europe, Chairman, Mr Edhem Bi&#269;ak&#269;i&#269; (Prime Minister of the Federation of Bosnia and Herzegovina)</p>

<p><b>Wednesday, 24 March 1999</b></p>

<p align="justify">09:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with Dr Jadranko Prli&#263;, Foreign Affairs Minister of Bosnia and Herzegovina</p>

<p align="justify">10:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with Ambassador Robert Barry, Head of OSCE Mission</p>

<p align="justify">11:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with H.E. Carlos Westendorp, High Representative</p>

<p align="justify">12:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with H.E. Mr Alija Izetbegovi&#263;, Member of the Presidency of Bosnia and Herzegovina</p>

<p align="justify">12:35&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Arrival to Sarajevo of Mrs Hanneke Gelderblom-Lankhout, Rapporteur of the Committee for Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe</p>

<p align="justify">14:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with Alternative Council of Ministers</p>

<p align="justify">15:30&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with Human Rights Center &#8211; University of Sarajevo and representatives of NGO's </p>

<p align="justify">17:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting with Dr Haris Silajd&#382;i&#263;, Co-Chairman of the Council of Ministers of Bosnia and Herzegovina</p>

<p align="justify">18:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Meeting and reception of ambassadors of the Council of Europe member states accredited in Bosnia and Herzegovina, hosted by the H.E. Kalman Kocsic, Ambassador of the Hungarian Republic in Bosnia and Herzegovina</p>

<p align="justify">20:00&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Dinner hosted by H.E. Mrs Gret Haller, Human Rights Ombudsman in Bosnia and Herzegovina</p>

<p><b>Thursday, 25 March 1999</b></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Departure of the Delegation</p>

<p><b>APPENDIX II</b></p>

<p align="justify"><b>Annex to the Madrid Declaration of the Peace Implementation Council</b></p>

<p align="justify">VI.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; BOSNIA AND HERZEGOVINA WITHIN EUROPE</p>

<p align="justify">Destination Europe: Strategy towards the European institutions</p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bosnia and Herzegovina is a European country.  Its citizens are Europeans.  Bosnia and Herzegovina's future lies in closer relations with Europe and Europe has a huge stake in Bosnia and Herzegovina's well-being.  The Council strongly believes that peace, economic and political reform and stability will be reinforced in Bosnia and Herzegovina by stronger links with the European institutions.</p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Council urges Bosnia and Herzegovina to make every effort to meet the entry criteria as the first step towards closer association with all of the European institutions.  It pledges its assistance in helping Bosnia and Herzegovina to do so.  But it gives notice that the standards are high and will not be relaxed to secure admission.  It is up to Bosnia and Herzegovina to meet those standards.  In the view of the Council there is no reason why, with sufficient effort, this should not be possible given sufficient political will.  The pace of integration of Bosnia and Herzegovina into European structures will be governed by its performance in implementing its Dayton obligations.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Council of Europe: the Council urges the High Representative closely to monitor Bosnia and Herzegovina's progress in meeting the criteria for membership of the Council of Europe.  It stresses the need to ensure that Bosnia and Herzegovina is in a position to meet these criteria as soon as possible, so that the High Representative is able to recommend to the Council of Europe that it decide on the issue of Bosnia and Herzegovina accession.  But to do so, Bosnia and Herzegovina must move fast.  There remains a great deal to be done.  The necessary steps include:</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;ad&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; option of a Permanent Election Law;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;co&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ntinued revision of legislation to ensure compliance with the European Convention on Human Rights;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;ad&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; option of legislation to achieve a professional and independent prosecutorial and judicial system;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;fu&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ll co-operation and compliance with Annex 7 in the implementation of the property laws by the authorities in both Entities;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;co&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; mpletion of police certification, establishment of a multi-ethnic, professional police and full compliance with UNIPTF decisions;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;co&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ntinuation of reform of the media and development of media and broadcasting legislation consistent with European best practice;&#8212;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;pu&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; tting in place mechanisms to ensure full functioning of human rights institutions, including the enforcement of the decisions of the Human Rights Chamber and the Commission for Real Property Claims; full co-operation with and response to reports by the Bosnia and Herzegovina Ombudsperson and Federation Ombudsmen; and the establishment of an RS Ombudsmen's Office in accordance with the Federation model.4.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; European Union: The Council welcomes and supports the ongoing efforts by the European Union aiming at an intensification of relations between the European Union and Bosnia and Herzegovina, in accordance with the European Union's regional approach and conditionality policies and with the European Union's Declarations of 8 June and 7 September.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Council expresses its satisfaction at the readiness of the European Union, as stated in its Declaration of 8 June, to establish closer and more intense relations with Bosnia and Herzegovina and at the establishment of an European Union/Bosnia and Herzegovina Task Force, with the aim of helping Bosnia and Herzegovina to become a fully-functioning state and to meet some of the technical prerequisites to closer co-operation with the European Union.</p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In addition to building on the implementation of this Declaration and on the work of the Task Force, the Council expresses the hope that in 1999:</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&#8212;th&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; e European Union and Bosnia and Herzegovina reinforce and make a more active use of the European Union/Bosnia and Herzegovina Consultative Task Force.  The Council welcomes the fact that issues such as judicial reform, education, media, good government and economic reform have a priority in the work of this Task Force.  The Council invites the Bosnia and Herzegovina authorities to follow up the recommendations of the Task Force.7.</p>

<p align="justify">7. The Council welcomes the intention of the European Union to intensify the dialogue on political and economic issues with Bosnia and Herzegovina in order to ensure the closest involvement of the European Union in civilian implementation of Dayton agreement, which will contribute to stability and co-operation in Bosnia and Herzegovina and to bringing Bosnia and Herzegovina closer to European standards.</p>

<p align="justify"><b>APPENDIX III</b></p>

<p align="justify"><b>List of minimum requirements for BiH accession to Council of Europe to be fulfilled by September, submitted by the High Representative, Mr Westendorp</b></p>

<p><b>Common Institutions</b></p>

<p align="justify">- full functioning of the common institutions including active parliamentary working committees, regular plenary sessions of the Parliament and an annual work plan adopted</p>

<p align="justify">- civil service in place and support structures of the common institutions established</p>

<p align="justify">- the SCMM's Permanent begins to function effectively and is staffed by permanent liaison officers from both entities and properly equipped</p>

<p align="justify">- the draft law on establishment of Border Service is under serious consideration by the CoM and a budgetary provision is made for the core management team of State Border Service</p>

<p><b>Elections</b></p>

<p align="justify">-&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Permanent Election Law</p>

<p align="justify">The Election Law Working Group concludes draft Permanent Election Law; first reading in parliament underway.</p>

<p align="justify">- Implementation of Election Results</p>

<p align="justify">Srbrenica and all other municipalities are certified and significant progress is made on the return of municipal delegates to their homes.</p>

<p align="justify"><b>Continued revision of legislation to ensure compliance with the European Convention on Human Rights</b></p>

<p align="justify">- establishment of groups in both Entities to examine compatibility of legislation with ECHR, and regular consultation with OHR and CoE on legislative initiatives</p>

<p align="justify">- adoption of key legislation to comply with ECHR: Immigration and Asylum Law (State), Criminal Code (RS), revised Law on Internal Affairs (Fed, RS), revised Law on Public Order and Peace (RS), revised Law on Execution of Criminal Sanctions (RS), revised Law on Citizenship (Fed, RS), Law on Associations and Foundations respecting independence of non-governmental organisations (State, Fed, RS)</p>

<p align="justify"><b>Adoption of legislation to achieve a professional and independent prosecutorial and judicial system</b></p>

<p align="justify">- adoption of laws in both Entities to establish independent selection procedures for judges and prosecutors and priority to adequate judicial salaries</p>

<p align="justify"><b>Full co-operation and compliance with Annex 7 in the implementation of the property laws in both Entities</b></p>

<p align="justify">- both Entities to amend their laws to guarantee the right to return of individuals whose apartments have been permanently reallocated to another person</p>

<p align="justify">- both Entities to amend their Law on Housing Relations</p>

<p align="justify">- the Federation to implement fully the Decisions of the Human Rights Chamber concerning former JNA apartments</p>

<p align="justify">- the Republika Srpska to establish an effective property claims process</p>

<p align="justify">- both Entities to establish mechanism to ensure access to and recognition of personal documents</p>

<p align="justify"><b>Completion of Police Certification, establishment of a multi-ethnic police and full compliance with UN IPTF decisions</b></p>

<p align="justify">Progress on restructuring of the Federation of Interior, including 50% ethnic integration of the Ministry itself as well as restructuring of the police in Cantons 1 to 10, in accordance with the 1991 census.</p>

<p align="justify">Progress on restructuring the Republika Srpska police, including IPTF confirmation of fulfilment of first phase of minority recruitment, i.e. approximately 500 minority officers.</p>

<p align="justify">Establishment of a police academy in the RS and the institutionalisation of the Federation Police Academy.</p>

<p align="justify"><b>Continuation of reform of the media and the development of media and broadcasting legislation consistent with European best practice</b></p>

<p align="justify">Adoption of law establishing a Federation Broadcasting service under international supervision and substantive discussions between the Entities on establishing a Public Broadcast Corporation or Corporations under the auspices of the Commission on Public Corporations.</p>

<p align="justify"><b>Putting in place mechanisms to ensure full functioning of human rights institutions</b></p>

<p align="justify">- full compliance with decisions of the Human Rights chamber and recommendations of the Ombudspersons;</p>

<p align="justify">- establishment of the RS Ombudsmen as a multi-ethnic institution;</p>

<p align="justify">- passage of legislation on the Federation Ombudsmen recommended by the Venice Commission and guaranteeing their continuing independence;</p>

<p align="justify">- establishment of a working group with OHR and CoE for restructuring human rights protection mechanisms in accordance with recommendations of the Venice Commission;</p>

<p align="justify">- commitment to adequate funding of the Human Rights Chamber, Ombudsperson and CRPC.</p>

<p><b>BiH Constitutional Court</b></p>

<p align="justify">- commitment to adequate funding of the Constitutional Court of BiH in a manner which sustains its independence, and implementation of its decisions</p>

<p><b>Education</b></p>

<p align="justify">substantial progress in the amendment of textbooks, including withdrawal of all offensive material, by beginning of 1999/2000 school year.</p>

<p><b>Economic reform</b></p>

<p align="justify">- full respect and implementation by Entity Customs Administrations of BiH customs legislation;</p>

<p align="justify">- Entities agree on an overall strategy for the liquidation of payment bureaus and the reform of the payment system and all authorities proceed with implementation;</p>

<p align="justify">- formal agreement on co-operation between the Entities on Tax Administration;</p>

<p align="justify">- the Entities and all privatising agencies are operational and proceeding with rapid and transparent privatisation according to the legal framework.</p>

<p align="justify">*</p>

<p align="justify">*   *</p>

<p align="justify">Reporting committee: Political Affairs Committee</p>

<p align="justify">Reference to committee: <a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 8303">Doc. 8303</a> and Reference No. 2354 of  25 January 1999</p>

<p align="justify">Information report approved by the committee on 16 April 1999</p>
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<p align="justify"><sup><a name="P56_7031" href="#P56_7032">1</a> </sup> See <a href="/ASP/Doc/RefRedirectEN.asp?Doc=Doc. 8216">Doc. 8216</a>, Observation of elections in Bosnia and Herzegovina (12-13 September 1998), Rappporteur: <br>
Mrs Severinsen, Denmark, LDR</p>

<p align="justify"><sup><a name="P57_7454" href="#P57_7455">2</a> </sup> Idem</p><!-- TRANSIT - INFOAFTER -->
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