Doc. 9287

5 December 2001



Bosnia and Herzegovina’s application for membership of the Council of Europe





Report

Political Affairs Committee

Rapporteur: Mr László Surjan, Hungary, Group of the European People’s Party

Summary

Bosnia and Herzegovina applied for membership of the Council of Europe on 10 April 1995.In January 1999, the Committee of Ministers invited the Parliamentary Assembly to prepare an opinion on this request.

Over recent years, Bosnia and Herzegovina has made progress in setting up state institutions, both at state level and Entity level, as well as in the field of human rights, in particular the functioning of the Ombudsman institutions at state as well as Entities level, the return of refugees and displaced persons and the freedom of movement.The adoption of the electoral law, in August 2001, represents an important step in the state-building process.

Since it was granted the status of special observer in January 1994, the parliamentary delegation of Bosnia and Herzegovina has actively participated in the work of the Parliamentary Assembly and of its commissions. Bosnia and Herzegovina also participates in the various activities of the Council of Europe at inter-governmental level and has ratified many Council of Europe conventions.

Consequently, the Political Affairs Committee proposes that the Assembly should recommend that the Committee of Ministers’ invite Bosnia and Herzegovina to become a member of the Council of Europe, on the basis that the country will honour, within the given time delay, the commitments stipulated in the draft opinion.

However, in order to enable Bosnia and Herzegovina to honour its commitments, the Political Affairs Committee considers that the Committee of Ministers must redefine accordingly its co-operation programmes and allot the necessary financial resources to them.

I.        Draft opinion

1.       The Parliament of Bosnia and Herzegovina applied for special guest status with the Parliamentary Assembly on 5 May 1992 which it was granted on 28 January 1994. Since then, its special guest delegation takes part in the work of the Parliamentary Assembly and its committees.

2.       Bosnia and Herzegovina applied for membership of the Council of Europe on 10 April 1995. Four years later, in a decision taken on 12-13 January 1999, the Committee of Ministers asked the Parliamentary Assembly to give an opinion on this application, in accordance with Statutory Resolution 51 (30A).

3.       The Dayton Agreements signed in Paris on 14 December 1995 set out the conditions for peace. Annex 4 to these agreements, dealing with the Constitution of Bosnia and Herzegovina, recognises its existence as a state under international law, composed of two Entities: the Federation of Bosnia and Herzegovina and the Republika Srpska. Article 2, paragraph 2, of the Constitution incorporates the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and its Protocols, which are directly applicable in Bosnia and Herzegovina.

4.       According to Annex 10 of the Dayton Agreements, a High Representative is responsible for monitoring the implementation of the civilian aspects of the peace agreements. The High Representative is nominated by the Steering Board of the Peace Implementation Council (PIC) and endorsed by the United Nations Security Council.

5.       Several elections have taken place since the Dayton Agreements were signed. Ad hoc committees of the Parliamentary Assembly observed the municipal elections held in Bosnia and Herzegovina on 13-14 September 1997, the elections to the National Assembly of the Republika Srpska on 22-23 November 1997, the general elections on 12-13 September 1998 and the general elections held on 11 November 2000.The Assembly’s observer delegation found that there had been a significant improvement in the latest election compared to the previous ones.

6.       Bosnia and Herzegovina has ratified several Council of Europe conventions, including the European Cultural Convention and the Framework Convention for the Protection of National Minorities.

7.       The Assembly appreciates the action of the Council of Europe Secretariat office in Sarajevo, which opened in April 1996 and believes that it must be given the fullest political and material support in order to effectively contribute to the implementation of activities aimed at developing and consolidating democratic stability.

8.       The Assembly takes note of the progress which has already been achieved by Bosnia and Herzegovina in building state institutions, both at state and Entity levels. It especially takes note that the results of the last general elections in November 2000 have meanwhile been implemented and the central institutions at state level – the Parliamentary Assembly, the Council of Ministers and the Presidency – have been fully constituted.

9.       The Assembly welcomes the adoption of the electoral law by the Parliament of Bosnia and Herzegovina. It considers this an important step in the state-building process and in opening the way towards future constitutional arrangements based on the will of the country’s people.

10.       The Assembly also considers that despite many shortcomings, which still exist as regards the full respect for human rights, important progress has been accomplished in this field, in particular the functioning of the Ombudsman institutions at state as well as Entities level, the return of refugees and displaced persons and the freedom of movement.

11.       The Assembly considers that Bosnia and Herzegovina recognises the principle of the rule of law and the respect of human rights and that it is able and willing, in the sense of Article 4 of the Statute of the Council of Europe, to continue the democratic reforms embarked upon in order that its legislation and practice globally conform to the principles and standards of the Council of Europe.

12.       The Assembly believes that the specific co-operation and assistance programmes currently in place to assist Bosnia and Herzegovina comply with its obligations and commitments must remain in place after Bosnia and Herzegovina’s accession to the Council of Europe.

13.       The Parliamentary Assembly takes note of the letters from the Presidency of Bosnia and Herzegovina, the Speakers of the Parliament and the Prime Minister and notes that Bosnia and Herzegovina undertakes to honour the following commitments:

i.       to co-operate fully and effectively in the implementation of the Dayton Peace Agreements, which notably require the settlement of internal and international disputes by peaceful means;

ii.       to co-operate with the International Criminal Tribunal for Former Yugoslavia and to actively assist it by handing over to the Tribunal persons accused of war crimes, crimes against humanity and crimes of genocide without delay and with the active co-operation of both Entities;

iii.       with regard to conventions:

      a.        when it becomes a member, to sign the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and Protocols No. 1, 4, 6 , 7 and 12;

      b.        to ratify the ECHR and Protocols No. 1, 4, 6, 7 and 12 within one year after its accession;

      c.       to examine continuously compatibility of all legislation with the ECHR;

      d.        to sign and ratify, within one year after its accession, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and its Protocols;

      e.        to sign and ratify, within one year after its accession, the General Agreement on Privileges and Immunities and its Protocols;

      f.        to sign and ratify, within one year after its accession, the Geneva Convention relating to the Status of Refugees and its 1967 Protocol;

      g.        to sign and ratify, within two years after its accession, the European Charter for Regional or Minority Languages;

      h.        to sign and ratify within two years after its accession, the European Charter of Local Self-Government;

      i.        to sign and ratify, within two years after its accession, the European Outline Convention on Transfrontier Co-operation and its Protocols, and the Council of Europe Conventions on extradition, mutual assistance in criminal matters, on laundering, search, seizure and confiscation of the proceeds from crime, on the transfer of sentenced persons and, in the meantime, to apply their fundamental principles;

      j.        to sign, within two years after its accession, the Council of Europe’s Social Charter, to ratify it as soon as possible and, in the meantime, to endeavour to implement a policy in accordance with the principles it contains;



iv.       with regard to domestic legislation:

      a.        to adopt and to implement, within one year after its accession, constitutional and legislative amendments necessary to comply with the decision of the Constitutional Court on the “constituent peoples of Bosnia and Herzegovina” of June-July 2000;

      b.       to adopt, within six months after its accession, if it has not yet been done, the laws which have been temporarily imposed by the High Representative;

      c.       to adopt and implement the following laws, within two years after its accession:

- Law on Immigration and Asylum (BiH);

- Law on Recognition of Public Documents (BiH);

- Law on Associations and Foundations (BiH, Entities);

- Law on Citizenship (FBiH);

- Criminal Code and Criminal Procedure Code (BiH, Entities);

      d.       to adopt and to implement fully, within one year after its accession, the Law on the Civil Service in the Governmental Institutions of BiH, already adopted by the BiH Council of Ministers.

v.       with regard to human rights:

      a.       to co-operate with the institutions active in the human rights field at state level and in the Entities and, in particular, to comply fully with the decisions and recommendations of the Human Rights Chamber and Human Rights Ombudsman;

      b.       to ensure adequate funding of the human rights institutions, in particular of the Human Rights Chamber, the Human Rights Ombudsman and the Commission for Real Property Claims (CRPC) immediately and continuously (with a yearly minimum of KM 600.000 - to be progressively increased over time);

      c.       to work towards establishing multi-ethnic Ombudsmen and to consider establishing, in the long-term, a single, unified Human Rights Ombudsman’s Office at state level, which would replace the current system of Ombudsmen institutions at state as well as Entity levels;

      d.        to ensure the full implementation of the property laws and, in particular, abide fully by the decisions of the Commission for Real Property Claims (CRPC);

      e.       to continue restructuring human rights protection mechanisms in accordance with the recommendations of the Venice Commission, and in co-operation with the Council of Europe and the Office of the High Representative;

      f. to implement the legislation to guarantee the independence of the Ombudsman institutions at state as well as Entity levels including amendments to the FBiH Ombudsmen Law drafted by the Venice Commission;

      g. to continue the reforms aimed at the establishment of a professional and independent judicial and prosecution system as well as to continue facilitating the expeditious and fair review of sitting judges and prosecutors and to assist the Independent Judicial Commission;

      h. to ensure adequate funding for the Constitutional Court and for the judiciary with a view to reinforcing their independence;

      i. to take all necessary measures for the expedient and safe return of refugees and displaced persons and to create conditions for sustainable returns;

      j. to adopt, within 3 years after its accession, laws on conscientious objection and alternative service;

      k. to maintain and continue reform in the field of education and to eliminate all aspects of segregation and discrimination based upon ethnic origins;

      l. to continue reforms in the field of the media, in order to guarantee the freedom of expression and journalists’ independence;

      m. to institutionalise the police academies set up under the aegis of the international community and to continue reforms aimed at establishing multi-ethnic police forces;

      n. to abide by the decisions of the United Nations International Police Task Force (IPTF) and to fully co-operate with it;

      o. to increase efforts to combat corruption within the judicial and prosecution system and the police as well as in the administration;

      p. to adopt and to implement a revised Law on Internal Affairs in both Entities;

vi.       with regard to the monitoring of commitments:

      to fully co-operate in implementing the Assembly’s Resolution 1115 (1997) on the setting up of an Assembly committee on the honouring of obligations and commitments by member states of the Council of Europe (Monitoring Committee), as well as with the monitoring process set up under the Declaration of the Committee of Ministers dated 10 November 1994 (95th Session);

vii.       with regard to the proper functioning of the state institutions:

      a. to strengthen co-operation between the armies in the entities and to establish, after an appropriate constitutional reform, one single army in Bosnia and Herzegovina;

      b. to restructure the military forces in Bosnia and Herzegovina so that they are compatible with a modern organisation of military forces.

14.       The Assembly is aware that some of the above-formulated commitments are within the fields of competence of the Entities (the Federation of Bosnia and Herzegovina and Republika Srpska), whose actions are essential to their fulfilment. Nevertheless, it considers that the state authorities of Bosnia and Herzegovina are responsible to the Council of Europe for ensuring that the Entities take the measures necessary to comply with these commitments.

15.       On the basis of these commitments, the Assembly believes that Bosnia and Herzegovina is able and willing, in accordance with Article 4 of the Statute of the Council of Europe, to fulfil the conditions of membership of the Council of Europe as set forth in Article 3 of the Statute in the following terms “Every Member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim (of the Council of Europe)”.

16.       With a view to ensuring compliance with these commitments, the Assembly decides, pursuant to Resolution 1115 (1997), to closely monitor the situation in Bosnia and Herzegovina, as from its accession.

17.       On the basis of the commitments set out above, the Assembly recommends that the Committee of Ministers:

i.       invite Bosnia and Herzegovina to become a member of the Council of Europe;

ii.       allocate five seats to Bosnia and Herzegovina in the Parliamentary Assembly.

18.       Furthermore, in order to enable Bosnia and Herzegovina to honour its obligations and commitments, the Parliamentary Assembly also recommends that the Committee of Ministers:

i.       redefine, in the light of this opinion, the priority areas for Bosnia and Herzegovina within the Council of Europe co-operation programmes and allot the necessary financial resources to them;

ii.       increase its political, financial and technical support for the Council of Europe Secretariat office in Bosnia and Herzegovina.

II.       Explanatory memorandum by the Rapporteur

I.       Introduction

1.       The Parliament of Bosnia and Herzegovina (BiH) was granted Special Guest status with the Parliamentary Assembly on 28 January 1994.BiH applied for membership of the Council of Europe on 10 April 1995 and the Committee of Ministers forwarded the application to the Parliamentary Assembly in September 1995.

2.       In September 1997, the Assembly Bureau drew up a list of minimum conditions for the opening of the accession procedure to be met by the BiH authorities. In March 1998 it decided to invite eminent lawyers to visit the country. The visit took place in September 1998 and the subsequent report on the “conformity of the legal order of Bosnia and Herzegovina with Council of Europe standards” (AS/Bur/BiH (1999) 1 Rev.) was declassified in January 1999.

3.       In January 1999 the Committee of Ministers formally invited the Assembly to give its opinion on the application.

II.       Conditions for the accession

4.       In May 1999, in agreement with the BiH authorities, the former rapporteurs of the Assembly (Mr Bloetzer and Mrs Gelderblom-Lankhout) drew up a preliminary list of conditions for the country’s accession to the Council of Europe based on the proposals of the then High Representative in BiH, Mr Westendorp. The rapporteurs subsequently made several visits to the country to assess progress in the fulfilment of those conditions.

5.       Following his visit to BiH in November 1999, Mr Bloetzer presented a preliminary draft report to the Committee on 11 January 2000 concluding that BiH was ready to become a full member of the Council of Europe. He considered that clear progress has been made in the fulfilment of the conditions and underlined that he had received oral and written guarantees from the state and Entity authorities concerning the conditions not yet fulfilled. On the other hand, he also underlined that progress must be confirmed by compliance with the post-accession commitments and timetables laid down during the visit. However, the Committee decided to further discuss this issue with Mr Petritsch, High Representative for BiH, and Mr Klein, Special Representative of the UN Secretary General and Co-ordinator of the UN Operations in BiH.

6.       During the 2000 January part-session, the Committee had an exchange of views with Mr Klein, who argued that BiH should be accepted in the Council of Europe as soon as possible. He declared that “real progress has been made”, explained that accession would “promote state identity through a sense of belonging to a common value system […]” and assured that there were “separatists and extremists who would ensure that any preconditions set would never be met”.

7.       On 7 March 2000, I was appointed by the Political Affairs Committee as its new rapporteur to replace Mr Bloetzer, who had left the Assembly.

8.       In April 2000, the Committee had an exchange of views with the High Representative, Mr Petritsch, who considered that certain preconditions not yet fulfilled should be met before accession and should not be transformed into post-accession commitments. He pointed out the following three priority conditions, which in his mind, “would be a sign that BiH is on the right track eventually” and representing “an achievable minimum requirement”:

i.       basic functioning of the common institutions at state level

(the Presidency, the Parliament and the Council of Ministers)

ii.       adoption of an election law

iii.       credible progress on the respect for human rights in the following fields:

- the human rights institutions (Human Rights Chamber, Ombudsperson and Commission for displaced persons and refugees),

- the Constitutional Court

- the judicial system,

- education

- the compliance with the European Convention on Human Rights (ECHR)

- the co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY)

- property laws and return of refugees and displaced persons.

9.       The High Representative stressed that, in his opinion, not all human rights conditions should necessarily be fulfilled before the accession and that flexibility by the Council of Europe was expected in this field.

10.       I considered that the priority areas outlined by the High Representative were quite similar to the ones proposed by the former rapporteur. They put emphasis on the adoption of an election law, and on human rights conditions. They omitted from priority areas economic reforms as well as the police and the media, which are heavily monitored by other international organisations (UNMIBH and Independent Media Commission).

11.       Accordingly, I considered that a. the addition of new preconditions is prohibited , and b. the fulfilment of the three priority pre-conditions mentioned by the High Representative is indeed a minimum requirement for accession. On 12 June 2000 in Rome, the Political Affairs Committee approved this approach

12.       In order to examine progress on these three points, I visited the country in April and July 2000, and again as member of the Assembly Observation delegation for the November 2000 elections and in May 2001.

13.       I should like to thank the authorities of Bosnia and Herzegovina, in particular the special guest delegation of its Parliament and its diplomatic representation in Strasbourg, both High Representatives in Bosnia and Herzegovina, the Special Representative of the UN Secretary General in Bosnia and Herzegovina, representatives of the Council of Europe in Sarajevo, mainly Dr. Sonja Moser-Starrach, Special Representative of the Secretary General, and especially the Secretariat of the Political Affairs Committee for their advice and assistance provided during the preparation of this report and the organisation of my visits to Bosnia and Herzegovina.

III.       Functioning of the common institutions at the state level

A.       The BiH state under the Dayton Agreement

14.       The General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Agreement), signed in Paris on 14 December 1995, put an end to the conflict and set out the conditions for peace.

15.       Annex 4 of the Dayton Agreement, which contains the Constitution of BiH, recognises the legal existence under international law of the State of BiH, made up of two Entities: the Federation of BiH and the Republika Srpska. Under the terms of Annex 10, a High Representative, appointed by the UN Security Council, is responsible for supervising the civil implementation of the Agreement.

16.       The political institutions of the State are based in Sarajevo. They include a Collegial Presidency, a Council of Ministers and a bi-cameral Parliamentary Assembly - the House of Peoples and the House of Representatives. [In the Federation of BiH, a President, a Vice-President and a government perform the executive role. The Parliament of the Federation comprises a House of Representatives and a House of Peoples. The territory of the Federation is divided into cantons. In Republika Srpska the executive also comprises a President, a Vice-President and a government. A uni-cameral Parliamentary Assembly holds legislative power.]

17.       The public administration of the common institutions has gradually been built, partly with the assistance of the international community. The problems mainly concern the shortage of staff and a lack of space, as well as the geographical dispersal of the members of the secretariat.

18.       The State institutions have been given limited powers and responsibilities by the Dayton Agreement. Any decisions at State level require the agreement of the three constituent peoples: Bosniaks, Croats and Serbs.

19.       Given the weakness of the State identity, I have been constantly stressing since the application for membership that improvement in the functioning of the State political institutions – the Presidency, the Council of Ministers, and the Parliamentary Assembly – was essential in the accession procedure.

20.       It was previously stated by the High Representative that the “Standing Committee on Military Matters at State level, the Central Bank and the Constitutional Court were – albeit with continued support from the international community – already working reasonably well.” I share this opinion.

21.       The functioning of the political institutions was more unequal and problematic. Over the past years, representatives of the international community often stressed a general lack of will to compromise.

22.       I consider that this situation changed substantially for the better after the November 2000 general elections. During my last visit in May 2001, I observed that the three State central institutions were in place and functioning. The political climate in the country has undoubtedly changed too. The highest State representatives are now openly and convincingly committed to succeed in building a common State.

B.       Presidency

23.       The collegial Presidency is composed of a Bosniak, a Croat and a Serb who take turn in chairing it. The current members are Mr Beriz Belkic (Bosniak, Party for BiH), Mr Jozo Krizanovic (Croat, Social Democratic Party of BiH - SDP) and Mr Zivko Radisic (Serb, Socialist Party of RS).

24.       The previous rapporteur noted that the effectiveness of the Presidency could be increased by setting up a common secretariat for the three members because each member of the Presidency had his own Cabinet, protocol, archives system. Following a Presidency’s decision on 9 February 2000, the common permanent secretariat has been established and is now functioning.

C.       Council of Ministers

21.       25.       In August 1999, the Constitutional Court ruled that the then existing structure of the Chairmanship of the Council of Ministers (2 Co-Chairmen and one Vice-Chairman) was unconstitutional and required the establishment of a single Chair. A new law on the Council of Ministers was adopted in April 2000 providing for a Chair which would rotate every 8 months and 3 new ministries - including a Ministry for European Integration.

26.       In February 2001, Mr Bozidar Matic (SDP) was appointed Prime Minister and the composition of the new Council, as suggested by Mr Matic, was approved by the House of Representatives of BiH. This government, supported by an “Alliance for Changes“ (an alliance formally created in January 2001 which consists of 10 political parties) was described as “the first non-nationalist government in a decade”. In this respect, the High Representative declared that the new Council exclusively included, for the first time since the signing of the Dayton Agreements, representatives of parties that fully embrace the State of BiH and are reform-oriented. [A non-nationalist government was also put in place in the BiH Federation, supported by the Alliance for Changes. Mr Alija Behman was appointed Prime Minister (SDP). In Republika Srpska, the Prime Minister is Mr Mladen Ivanic (PDP), governing with the support of the strongest party in RS, which is the Serb Democratic Party (SDS)]

D.       Parliamentary Assembly

27.       The Parliamentary Assembly (Parliament) comprises a House of Peoples, made up of 15 “delegates”, and a House of Representatives, with 42 “members”. It may promulgate laws “as necessary to implement decisions of the Presidency or to carry out the responsibilities of the Assembly under this Constitution”. Its other powers relate mainly to the State budget, ratification of treaties and all other matters that the Entities assign to it (Article IV, paragraph 4 of the Constitution).

28.       The members of the House of Representatives are elected through direct universal suffrage by the electorate of the Federation and RS. The delegates to the House of Peoples are appointed by the Parliaments of the Entities.

29.       In July 2000, the Parliament adopted New Rules of Procedure for both Chambers and a work plan as requested by the international community, including the rapporteurs of the Council of Europe Parliamentary Assembly.

30.        Following the November 2000 general elections, Mr Sead Avdic (SDP) was elected Chairman of the House of Representatives (December 2000) and Mr Ilija Simic (HSS – Croat Peasant Party) was elected Chairman of the House of Peoples (March 2001).

31.       Following my visit in May 2001, I was informed that the new Parliament had taken a decision to discuss 16 laws imposed previously by the High Representative as a matter of priority, which means that they should be formally adopted very quickly without any further discussion.In June, 11 laws were adopted by the two Houses.

E.       HDZ’s boycott of the institutions

32.       Despite its promises in February 2001, the HDZ (Croat Democratic Union) boycotted the formation of governments at both State and Entity levels. On 3 March, a “Croat National Assembly” declared an interim “Croat self-rule” in BiH. The High Representative, the OSCE and the UN dismissed this decision as illegal, unconstitutional and in violation of the Dayton Agreements. The High Representative also described the event as the “mere act of one political party – the HDZ”. On 7 March, he removed Mr Ante Jelavic, member of the BiH Presidency, HDZ President and three senior HDZ members from all elected and party functions. The Federation Defence Minister (HDZ) was ordered to disband a larger portion of the Croat component of the Federation Army. He was removed and his successor annulled this order.

33.       I note with satisfaction that during my May visit, an agreement was reached on the return of Croat soldiers to the official structures of the BiH Federation army. I met with HDZ representatives, who said that the HDZ deputies would soon return to the Parliament.This would seem to be the case at the moment.Nevertheless, must be followed with the greatest attention.

IV.       Adoption of an election law

A.       General elections since the Dayton Agreements

34.       A pluralist political system has now been established. Several elections have taken place since the signature of the Dayton Agreements - the first general elections were held in September 1996, the latest on 11 November 2000. The next general elections will take place in the autumn of 2002.

35.       The Parliamentary Assembly sent ad hoc committees to observe the municipal elections in Bosnia and Herzegovina held on 13 - 14 September 1997, the elections to the National Assembly of Republika Srpska on 22 - 23 November 1997, the general elections in September 1998 and in November 2000.

36.       The Assembly’s delegation found that the November 2000 elections represented a significant improvement in comparison to the previous elections and were an important step forward on the long and arduous path to consolidating democracy and fully implementing the Dayton Agreements. Nevertheless, it concluded that the consolidation of democracy in Bosnia and Herzegovina was seriously undermined by the political parties’ failure to agree on an election law. Therefore, the electoral rules and regulations must be passed by the Provisional Election Commission.

37.       According to the final results of these elections published by the OSCE, the overall participation was 65% (68% in BiH Federation and 64% in Republika Srpska). At State level, the SDP won the elections for the Federation’s part in the House of Representatives of the BiH Parliament and the SDS won the RS’s part in this House. At Entity level,the SDA (Democratic Action Party) won the majority of the seats in the House of Representatives of the BiH Federation and the SDS won a large majority of seats in the National Assembly of RS.

B.       Adoption of a Permanent Law on Elections

38.       Attempts by the Parliament of Bosnia and Herzegovina to adopt an election law have been unsuccessful. Therefore, all previous elections were regulated by OSCE rules.

39.       I made it perfectly clear to the authorities that the adoption of a permanent election law was of utmost importance to the accession procedure. It should be seen as a symbol of the goodwill of the three ethnic groups to make compromises in order to adopt a law, which is essential for the future of BiH as a sovereign country.

40.       The adoption of the law is closely linked to the decision by the BiH Constitutional Court on case 5/98, part III (“Constituent Peoples Case”) ruled upon in July 2000. According to this decision, Croats, Bosniaks and Serbs will be considered as constituent peoples in both the Federation of BiH and Republika Srpska. At present, the Constitution of the Federation excludes Serbs from being constituent peoples in the Federation and the RS Constitution excludes Bosniaks and Croats from being constituent peoples in the RS. Thus, this decision has direct impact on the elections.

41.       Constitutional commissions in the Entities’ parliaments are now working on proposals for amendments to their respective constitutions. Therefore the draft election law, which was submitted by the government to the Parliament in the beginning of May 2001 does not regulate elections to those institutions affected by the “constituent peoples” case. These parts of the election law would continue to be regulated, on a provisional basis, by the OSCE rules and would be amended after the changes of the constitution.

42.The Parliament has adopted the law in August 2001.

C.       Municipal elections of April 2000

43.       The latest local elections were held in both Entities on 8 April 2000. According to the Observer delegation of the Congress of Local and Regional Authorities (CLRAE), the elections were “free and democratic”. The OSCE concluded that the polling process was “free and fair”.

44.       The multi-ethnic SDP led by Mr Zlatko Lagumdzija advanced at the expense of the SDA in predominantly Bosniak areas, including Sarajevo. In areas that are predominantly inhabited by Croats, the HDZ retained power, while in Republika Srpska the SDS won a majority of votes.

V.       Progress on the respect for human rights

A.       Observance of human rights and fundamental freedoms

a.       Constitutional obligation

45.       Under Article 2, paragraph 2 of the BiH Constitution, the provisions of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) and its protocols are directly applicable in Bosnia and Herzegovina. The protection of human rights is thus a constitutional obligation. In May 1999, the ECHR was published in the local languages in the Official Gazette.

b.       Death penalty

46.       The new Criminal Codes adopted by the Federation on 29 July 1998 and by Republika Srpska in June 2000 abolished the death penalty.

c.       Fundamental rights and freedoms

i.       Freedom of expression and freedom of media

47.       Although some isolated incidents have occurred, the rapporteur considers that the freedom of the press is guaranteed in Bosnia and Herzegovina. Numerous media of all political leanings are free to operate.

48.       The reform of the electronic media is under way. The High Representative set up an Independent Media Commission (IMC). In July 1999, the High Representative issued his first decision on restructuring the BiH public broadcasting system and a second one in October 2000. These decisions establish a framework of a public broadcast system, which is in line with the Council of Europe’s practice. Furthermore, the BiH Parliament passed a law guaranteeing the freedom of information in December 2000 (“Law on freedom of access to information on BiH). Nevertheless, the State and the Entities must continue the reforms in this field.

ii.       Freedom of movement

49.       The freedom of movement has improved, in particular because of the creation of new vehicle number plates, which do not indicate a vehicle’s region of origin. This measure has eased movement between the Entities.

iii.       Freedom of religion

50.       I had meetings with representatives of the Catholic Church, the Orthodox Church as well as with representatives of the Muslim and Jewish communities. The religious leaders have been very active in promoting reconciliation and inter-ethnic co-operation. In 1997, the religious leaders of the four communities established a Council for Inter-Religious Cooperation.

51.       I consider that the right to tolerant religious education should be more adequately provided for in Bosnia and Herzegovina.

52.       I must also mention the serious incidents in Banja Luka and Trebinje in Republika Srpska in May 2001, where the attempted reconstruction of two mosques were prevented by an outbreak of violence during the official ceremonies in both cities. Riotoing crowds threw stones at those attending the ceremonies, which included leading BiH politicians and representatives of the international community. In reaction to these incidents, demonstrations by Muslim activists took place in Sarajevo.

53.       When I met the President and the Prime Minister of RS during my last visit, they strongly condemned these incidents. I was informed that the Head of the intelligence service and the police chiefs in both cities had been removed, the Minister of the Interior had resigned and the schools directors, who allowed pupils to leave school premises to attend the demonstrations had also been removed. I made it extremely clear that a resurgence of such violent actions would have serious repercussions on the admission procedure.

iv.       Right to education

54.       The Political Affairs Committee has always considered education as one of the priority areas. Some of the necessary reforms relate to the short and medium term, while others can only be accomplished in the long term. This field will require special attention under the monitoring procedure.In order to improve co-ordination between the Entities, the Council of Europe suggested a formal establishment of a joint Conference of Ministers of Education. Regular meetings now take place between the Ministers, chaired by the Office of the High Representative and the Council of Europe.

      -       Revision of school textbooks

55.       According to the OHR, some progress has been made regarding the removal of offensive references from all textbooks. Spot checks revealed that the level of compliance is generally acceptable, it is better in BiH Federation than in Republika Srpska, and better in primary schools than in secondary schools. After these interim measures, I consider that an in-depth improvement of textbooks must follow. To achieve this objective, pressure from the international community must continue.

56.       In July 1999, the Ministers of Education of the two Entities signed an agreement on the removal of offensive material from school textbooks. This was supplemented by an implementation agreement in August 1999. Following the Education Declaration and Agreement (see ii. Bellow), a Curricula Harmonisation Board was created to produce recommendations on the measures required. Nevertheless, up to now the results have been limited.

-       Review of the education system in order to eradicate all aspects of ethnic segregation

57.       Eradication of all aspects of ethnic segregation can only be achieved in the long term through continuous pressure from the international community.

58.       A symposium on the curricula of the “national” subjects was held in Sarajevo in February 2000. The symposium was designated to pave the way towards a sustainable education system. No joint curriculum can be envisaged in the short term but a process has been initiated to produce gradual change, which should eventually lead to a more integrated education system in BiH.

59.       An Agreement and a Declaration were signed on 10 May 2000 at a meeting of the Conference of Ministers of Education of BiH convened by the OHR and the Council of Europe. The Declaration foresees, in particular, that all certificates and diplomas must be recognised and accepted throughout the country in order to facilitate the mobility of students and teachers.

B.       Judicial system

60.       Under the Constitution, the Entities, are competent to organise the judicial system. The BiH State as such is not vested with any judicial powers. Nevertheless, the BiH Constitution provides for a Constitutional Court and a Commission on Human Rights, which comprises a Human Rights Chamber and an Office of the Human Rights Ombudsperson.

61.       The reform of the judicial system is under way and is supervised by the Office of the High Representative with participation by the Council of Europe. Considerable results have been achieved.

a.       Constitutional Court

62.       The establishment of the Constitutional Court of the BiH was dictated by the need to ensure a uniform application and interpretation of the BiH Constitution. The court is alsocompetent in human rights matters. It is composed of 9 judges, including three "international" judges appointed by the European Court of Human Rights.

63.       The court requires State funding in order to ensure its independence and the application of its decisions. According the Office of the High Representative (OHR), in the current state of affairs the financial situation has improved, but remains unsatisfactory. The budget approved by the Parliament covers the material expenses of the Court, but still does not permit the payment of the salaries to all the judges at the same rate as those in the Entities.

64.       In April 2000, the Venice Commission issued recommendations on the merger of the Human Rights Chamber with the Constitutional Court, to take place in due course. This merger should take place following both BiH’s ratification of the ECHR and the adoption of BiH legislation on the merger.

b.       Judicial system at State level

65.       The lack of a Supreme Court at State level – apart from the Constitutional Court – is a particular feature of the constitutional order of Bosnia and Herzegovina.

66.       The Venice Commission expressed the opinion that this absence is not unjustified, in view of the particularities of the BiH constitutional order. It considered that the BiH State was nevertheless empowered to set up specific courts at State level, provided that they concern a special subject and do not have general competence, and that they are set up in response to an established constitutional need. It concluded that, with regard to electoral disputes and administrative disputes, BiH was empowered, indeed required, to establish judicial institutions at State level.

67. BiH was obliged under Annex 4 of the Dayton Agreement to establish a judicial body

for the most immediate purpose of providing for judicial review of State-level administrative decisions. In November 2000, the High Representative imposed a law on the State Court of BiH, which is competent, for example, for passports and ID disputes, illegal immigration, inter-entity crime, foreign trade and investment. The HR also established an Independent Judicial Commission responsible for implementing the programme of the judicial reform. [In addition, the Council of Europe foresees the adoption of the necessary legislation for the establishment of a judicial training institute at State level, as this is considered an essential part of the creation of an independent and professional judiciary.]

c.       Judicial systems of the Entities

68.       Each Entity has its own judicial system, the Constitution established a dual system of rules in both criminal and civil law. In the long term, this must be changed, BiH needs one single criminal law as well as one civil law.

69.       According to the information from the OHR, “the implementation of the recently adopted judicial service laws, which provide for a non-political, merit-based structure for the appointment and dismissal of judges and prosecutors has now begun in earnest in both Entities”.

70.       I consider that a considerable progress has been made by both Entities in this field. Nevertheless, the relevant reforms must be continued.

i.       BiH Federation

71.       Within the Federation, the first phase of reforms has been completed and the Criminal Code, the Criminal Procedure Code and the Civil Procedure Code have been adopted. The second phase of the criminal law reform aiming at further improving the Criminal Code and the Code of Criminal Procedure is under way, with the assistance of Council of Europe’s experts.

72.       The crucial law on judicial and prosecutorial service, passed by the House of Representatives but not by the House of Peoples, was finally imposed by the High Representative in May 2000.

ii.       Republika Srpska

73.       The criminal law code entered into force on 1 October 2000. The reform of the Criminal Procedure Code is making progress. The law on courts and judicial service and the law on a public prosecutor’s office were passed in April 2000.

74.       After my May 2001 visit, I had a meeting in Budapest with Mr Frank Orton, the Human Rights Ombudsman. He considered that in the long term, the Ombudspersons’ Offices at the Entity level should be replaced by a single Ombudsperson’s Office at the State level, in particular in order to avoid parallelism and divergences between the Entities in the human rights field. I support the idea that this should be a long-term objective towards which the country should strive.

C.       Human Rights institutions

75.       The Dayton Agreement set up specific human rights protection bodies at State level: the Commission on Human Rights – composed of the Ombudsman’s office and the Human Rights Chamber – and the Commission for Real Property Claims (CRPC). Following an agreement signed by the Prime Minister of BiH and the Prime Ministers of the Entities in November 2000, these institutions remain in place until 31 December 2003.

a.       Full compliance with decisions of the Human Rights Chamber and recommendations of the Ombudsperson

76.       According the OHR, compliance with the decisions and reports of the Human Rights Chamber and of the Ombudsperson is now at 59% (situation as of August 2001). In the BiH Federation, compliance is 93% (HR Chamber) and 37% (Ombudsperson), in RS respectively 81% and 60%. It is an improvement, but unless compliance increases significantly, large numbers of admissible applications could reach the European Court for Human Rights.

b.       Funding of the Human Rights Chamber, Ombudsperson and Commission for RealProperty Claims

77.       Funding of these institutions by the States can still be considered as inadequate. The 2001 budget now provides for 100 000 DM each for the Chamber and the Commission and 400.000 DM for the Ombudsperson. The OHR considers that “these amounts are unacceptably low and do not meet the adequate amount required”.

c.       Adoption of legislation on the Ombudsmen recommended by the Venice Commission and guaranteeing their continuing independence

78.       At State level, the HR imposed the law on the Human Rights Ombudsman of Bosnia and Herzegovina in December 2000. The Venice Commission prepared the draft law. In BiH Federation, the Parliament adopted the law on the Federation Ombudsmen in July 2000. However, work on some amendments proposed by the international community is still under way. The Parliament of Republika Srpska adopted its law on the Ombudsmen in February 2000. It is in accordance with the Venice Commission’s proposal.

79.       During my visit in May 2001, I met with the six ombudspersons, three from each Entity. They transmitted to me their reports on the human rights situation respectively in the BiH Federation and in Republika Srpska in 2000. I consider that both offices are now functioning and making a useful contribution to the protection of human rights. The ombudspersons supported almost unanimously the admission of BiH in the Council of Europe.

D.       Adoption of legislation in conformity with the European Convention on Human Rights

a.       Immigration and Asylum Law (BiH)

80.       The law was adopted and entered into force on 31 December 1999. Nevertheless, its implementation is limited by the fact that many of the necessary by-laws have yet to be adopted.

b.       Law on Association and Foundations respecting the independence of Non Governmental Organisations

81.       The State Parliament has started to consider a draft law. In the BiH Federation, a draft law has been finalised. In Republika Srpska, changes to the draft law have been incorporated and the draft is now pending before the Republika Srpska National Assembly.

c.       Establishment of groups to examine thecompatibility of legislation with ECHR, and regular consultation with OHR and CoE on legislative initiatives

82.       The groups have been established but they have not officially met nor have they started their work.

d.       Revised Law on Internal Affairs

83.       In the BiH Federation, amendments must be adopted in order to bring the law into compliance with a decision of the Constitutional Court. The RS National Assembly revised its law in July 1999, but the UNMIBH (the Interior Ministers of the Entities and the UN mission in Bosnia and Herzegovina) found serious inconsistencies and the law should therefore be again revised.

e.       Law on Citizenship

84.       The Council of Europe has been closely involved in the drafting of Citizenship Laws. The BiH law on Citizenship was adopted in July 1999 and the RS Law in December 1999. In the Federation, the draft law needs urgent adoption. It would be of utmost importance that BiH also becomes a party to the Council of Europe European Convention on Nationality.

f.       Framework Convention for the Protection of National Minorities

85.       On 24 February 2000, BiH acceded to the Council of Europe Framework Convention for the Protection of National Minorities. It entered into force on 1 June 2000.

E.       Full co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY)

86.       Co-operation with the ICTY must improve. The only arrests of war criminals have so far been undertaken by SFOR, with only a limited involvement of the local authorities. Failure to apprehend notorious war criminals is a severe impediment to the respect for the rule of law. The Assembly welcomes the recent arrest of Generals of Bosnia and their transport to ICTY.

F.       Return of Refugees and Displaced Persons (Property Laws)

87.       According to the High Representative, there is a movement in the right direction as regards the return of refugees and displaced persons. In 2000, the number of returns as compared to the previous year increased. More than 67.000 registered minority returns took place. These positive trends continue in 2001. Nevertheless, as of December 2000, only 21% of the total number of claims submitted to the Housing Offices had been resolved. I consider that this number must increase substantially.

a.       Full co-operation and compliance with Annex 7 on refugees and displaced persons of the Dayton Peace Agreement as regardsthe implementation of the property laws

88.       The security situation has improved and the return of displaced persons is accelerating. The legal framework for return of refugees and displaced persons, including the implementation of the decisions of the Commission for Real Property Claims (CRPC) is now in place in both Entities. But this has only been achieved by a repeated use of the High Representative’s powers. Implementation of the laws proves to be difficult. Personal and material resources are inadequate and political obstruction to property law implementation is still a severe problem.

b.       Revised laws to guarantee the right to return of individuals, whose apartments have been permanently reallocated to other persons

89.       The High Representative issued a Decision on 13 April 1999, which has been accepted by both Entities. Implementation has slowly begun.

c.       Revised Law on Housing Relations

90.       Amendments were adopted by the Federation Parliament in January 1999 and imposed in RS by a decision of the High Representative on 13 April 1999.

d.       Establishment of a mechanism to ensure access and recognition of personal documents

91.       The legislation regarding access to public administrative documents is still under preparation.

e.       Establishment of an effective property claim process

92.       A network of municipal offices has now been established in RS and is operational, as it is in the Federation.

G.       Other relevant issues

a.       International Police Task Force (IPTF) and police forces of the Entities

93.       The International Police Task Force (IPTF) is responsible under the Dayton Agreements for the reorganisation, monitoring and training of the local police forces. According to the Interior Ministers of the Entities and the UN mission in Bosnia and Herzegovina (UNMIBH), important progress has been made with a view to creating multi-ethnic police forces. Police academies are already operating in both Entities. Reforms designed to establish multi-ethnic police forces must also be continued and it is essential that the authorities continue co-operating with the IPTF.

b.       Border Service

94.       Control of a State’s border is a fundamental element of State sovereignty and State identity. Effective border institutions are also essential in the fight against organised crime, smuggling and trafficking.

95.       In January 2000, the High Representative imposed the Law on Border Service which was finally adopted by the BiH Parliament in June 2001. According to Mr Jacques Klein, Special Representative of the UN Secretary General, in the course of the last 12 months there has been progress made from virtually no State border control to the situation of today, where 1200 officers cover 62% of the border in addition to Sarajevo airport. The State Border Service, which is multi-ethnic, should be fully deployed over the next 18 months.

c.       Corruption

96.       In New York in November 1999, the members of the Presidency recognised that corruption and the lack of transparency were major obstacles to reconstruction and foreign investment. They undertook to take “aggressive steps” to deal with them.

97.       The BiH Parliament adopted an anti-corruption plan proposed by the High Representative. In February, BiH acceded to the group of States against corruption (GRECO) and on 1 March 2000, BiH signed the Council of Europe Criminal Law Convention on Corruption and the Civil Law Convention on Corruption.

VI.       Conclusions

98.       Over the last centuries Bosnia and Herzegovina was never been an independent State. For almost 600 hundred years decisions have been taken in other courts. It always functioned within a larger political circuit, so the first challenge was to build a State identity.

99.       In addition to this, the country move towards a democratic system and a market economy, while at the same time completing a process of ethnic reconciliation between peoples who had been at war in the recent past.

100.       The Dayton Agreement ended the war but it also established a State which had very weak central institutions and two very strong Entities. State institutions were planed to provide equal power and responsibility between the three constituent peoples. However, such an approach proved to be the weak point given the need that every decision was required to be agreed by all three parties. Decisions passed by the common institutions must be implemented by the Entities but there is no enforcement mechanism. Common institutions are helpless if they lack Entity support.

101.       Furthermore, the main political parties ruled BiH along ethnic lines and tended to cater to the needs of their party structure rather than to the needs of the ordinary people. Ethnic divisions also influenced communication inside the institutions and between the institutions, even at administration level. In practice, there were three parallel political power structures. [After the creation of the new Federation government, the parallelism is beginning to be eliminated in the Federation.]

102.       Given this difficult and, frankly, rather unfavourable general context, Bosnia and Herzegovina has, since its application for Council of Europe membership, made substantial progress in the construction of pluralistic democratic society respectful of human rights and the rule of law. The political system obeys the principle of the separation of powers and multi-party democracy.

103.       Achieving this progress has been a slow and difficult process, accomplished only under the constant pressure of the international community. Many shortcomings still do exist. But I believe that given the substantial improvements in the functioning of the State institutions and in the field of human rights, I can now recommend to the Political Affairs Committee to adopt a favourable opinion on the admission of Bosnia and Herzegovina to the Council of Europe.

104.       Nevertheless, I can only make this recommendation to the Committee under two conditions. First of all, Bosnia and Herzegovina must adopt an election law, and in Chapter III above I exposed the importance of this issue.¹

105.       Secondly, the highest authorities ofBosnia and Herzegovina (the Presidency, the Speakers of both Chambers and the Prime Minister) must fully accept a list of commitments to be fulfilled after accession within the specified time limits.¹ I also made it clear to the authorities that the monitoring procedure should start immediately after admission.

106.       I would also like to mention that both Mr Petritsch, High Representative, and Mr Klein, Special Representative of the UN Secretary General, gave their support to the above-described approach when I met with them during my visit in May 2001.

107.       I believe that Bosnia and Herzegovina must be given the place it deserves in Europe. Even though membership of the Council of Europe cannot be an aim in itself and admission will not bring any palpable and immediate results to the population of this country, it will be a sign the people need to believe in a European future. It will also strengthen relations with the European Union.

108.       Membership of Bosnia and Herzegovina should also be seen in a regional context, which is still very unstable. Admission would send a clear signal to all those who still harbour intentions of re-defining the region along ethnic lines, that multi-ethnic States do have a future in the Balkans.

109.       Accordingly, the instability of the region must not be permitted to diminish the support for a sovereign, multiethnic BiH and the international community should focus on strengthening the sovereignty of BiH. Even though the international presence and the continuation of the Dayton “regime” are still necessary in today’s conditions, the people of Bosnia and Herzegovina must act, within the current constitutional framework, towards reinforcing their sovereignty and assuming full responsibility for their future. I believe that membership of the Council of Europe will encourage this country to continue in this direction.

Reporting committee : Political Affairs Committee

Reference to committee :Doc. 8303, Reference No. 2354 of 25 January 1999

Draft opinion adopted by the committee on 27 September 2001 with 1 abstention *

Members of the committee : Davis (Chairman), Jakic (Vice-Chairman) Baumel (Vice-Chairman), Toshev (Vice-Chairman), Adamia, Aliyev (alternate : Seyidov), Arzilli, Atkinson, Azzolini, Bakoyianni, Bársony (alternate : Eörsi), Behrendt, Berceanu, Bergqvist, Bianco, Björck, Blaauw, Bühler, Cekuolis, Clerfayt, Daly, Demetriou, Derycke, Diaz de Mera, Dreyfus-Schmidt, Durrieu,Feric-Vac, Frey, Fyfe, Gjellerod, Glesener, Gligoroski, Gross (alternate : Fehr), Gönül, Hornhues, Hovhannisyan, Hrebenciuc, Irtemçelik, Ivanenko, Iwinski, Karpov, Kautto, Kilclooney of Armagh, Kotsonis, Krzaklewski, Loutfi, Martinez-Casan, Medeiros Ferreira, Mota Amaral, Mutman, Naudi Mora, Neguta, Nemcova, Neuwirth, Ojuland, Oliynyk, Paegle, Prisacaru, Prusak, de Puig, Ragnarsdottir, Ranieri (alternate : de Zulueta), Rogozin, Schieder, Schloten, Spindelegger, Stepová, Surjan, Thoresen (alternate : Simonsen), Timmermans, Udovenko, Vakilov, Vella, Weiss, Wielowieyski, Wohlwend, Zacchera, Ziuganov,

N.B.The names of members who took part in the meeting are printed in italics

Secretaries of the committee: Mr Perin, Mrs Ruotanen, Mr Sich, Mr Adelsbach

_____________________________

*       This report could only be published after the letter by the authorities of Bosnia and Herzegovina to honour the commitments in the framework of the accession procedure had been received (See Doc. 9286)

APPENDIX

Rapporteur’s visit to Bosnia and Herzegovina

13.05.- 17.05.2001

 

FINAL PROGRAM

 

Sunday, 13 May 2001

 

14:30       Arrival at Sarajevo airport

      Mr. Surjan will be met by delegation of the Parliamentary Assembly:

      - Mr. Sead Avdic, Chairman of the House of Representatives

      - Mr. Ilija Simic , Chairman of the House of the People

15:30-16:00       Meeting with Mr. Gavrilo Grahovac, Representative of Party for BiH (office of the Council of Europe, Sarajevo,)

16:00-16:30       Meeting with representatives of Social Democratic Party (office of Council of Europe) – did not arrive

16:30-17:30       Meeting with Ambassador Dieter Woltmann, Acting Head of OSCE mission to BiH

17:30-18:00        Meeting with Dr. Bisera Turkovic (at office)

18:00-19:00       Meeting with Ombudsman of Federation of Bosnia and Herzegovina and Republika Srpska:

      -Ms. Vera Jovanovic (Federation of Bosnia and Herzegovina)

      -Ms. Branka Raguz (Federation of Bosnia and Herzegovina)

      -Mr. Esad Muhibic (Federation of Bosnia and Herzegovina

      -Ms. Slavica Slavnic (Republika Srpska)

      -Mr Franjo Crnac (Republika Srpska)

      -Mr.Darko Osmic (Republika Srpska)

      (office of the Council of Europe in Sarajevo

19:00       -Dinner (Mr.Avdic and Mr.TOKIC offered host this dinner)

      (“National Restaurant”-Hotel “Holiday Inn”)

MONDAY, 14 May 2001

09:00-09:20       Meeting with representative of political party “New Croatian Initiative (NHI) – not arrived

09:20-09:40       Meeting with representative of Republicans Party (RP) - not arrived

09:40-10:00       Meeting with representative of Bosnian Patriotic Party (BPS)

10:00-10:20       Meeting with representative of Liberel Democratic Party (LDS)

      ( Council of Europe office Sarajevo), Mr. Bojan Zec

10:30-11:30        Meeting with President and Vice-President of Federation of Bosnia and Herzegovina:

       -Mr.Karlo Filipovic, President

       -Mr.Safet Halilovic, Vice-President

       (Presidency building)

12:00-13:30        Meeting with Government of Federation of Bosnia and Herzegovina:

       -Mr.Alija BEHMEN, PM

       -Mr.Nikola GRABOVAC, Deputy PM and Minister of Finance

       -Mr.Zvonko MIJAN, Minister of Justice

       -Mr.Mijo ANIC, Minister of Defence

       -Mr.Mujo DEMIROVIC, Minister of Education

       -Mr.Muhamed BESIC, Minister of Interior

       -Mr.Sefer HALILOVIC, Minister of Social issues and Displaced Persons

       (Alipasina 43)

13:30-15:00       Lunch hosted by Mr.Alija BEHMEN,PM of Federation of Bosnia and Herzegovina (restaurant “La Familia”)

15:15-16:30       Meeting with the Council of Ministers of BiH :

      -Mr.Bozidar MATIC, Chairman and Minister of Treasury

      -Mr.Zlatko LAGUMDZIJA, Minister of Foreign Affairs

      -Ms.Azra HADZIAHMETOVIC, Minister of Foreign Trade and Economic Relations

      -Mr.Dragan MIKEREVIC, Minister of Europian Integration

      -Mr.Svetozar MIHAJLOVIC, Minister of Civil Affairs and Communications

      -Mr.Kresimir ZUBAK, Minister of Human Rights

      (building of the State Institutions, Trg BiH bb)

17:00-18:00       Meeting with “Forum 2000”

 

      -Mr. Jakob FINCI

      -Mr. Gavrilo BOBAR

      -Mr. Zlatko Dizdarevic

      (Council of Europe office Sarajevo)

 

19:00       Dinner , hosted by H.E. Mr.Kalman KOCSIZ, Hungarian Ambassador at Bosnia and Herzegovina

 

TUESDAY, 15 May, 2001

 

06:00       Hotel “Europa” Garni

      Departure to Banja Luka

10:00-11:00        Meeting with Mr.Mirko Sarovic, President of Republika Srpska andMr. Dragan Kalinic, Chairman of National Assembly

      (Banski Dvori)

11:00-12:00        Meeting with Mr.Mladen Ivanic PM of Republika Srpska

      (Gouvernmant Building)

13:30-16:00        Meeting with representatives of political parties of RS

       SDS (Banjac and Djekanovic), SDA(Cirkin and Djurdjan), SDP(Popovic), SNS(Isanovic), SNSD(Nedic,Filipic,Neskovic) (Banski Dvori)

17:45       Departure to Sarajevo(UN - Banja Luka)

19:00       Private meeting

21:00        Private meeting

WEDNESDAY, 16 May, 2001

 

09:00-11:00       Meeting with representatives of the political parties from BiH

 

      Representative of Croatian Peasants Party

      Mr. Ilija Simic and Mr. Ivica Misic

 

      Meeting with representative of Party of Pensioners of Federation BiH

 

      Meeting with representatives of Democratic Party of Pensioners of BiH

      Mr. Suljo Sabanovic and Ms.Hercegovac Jasmina

 

Meeting with representative of Citizen Democratic Party of BiH, Mr.Ibrahim Spahic

       (Council of Europe Sarajevo, office Sarajevo)

11:30-12:30       Meeting with Ambassador Jacqes Paul KLEIN, SRSG UN

      (Nedzarici headquarter building)

12:45-13:00       Visit to Museum “Tunel”, with Austrian defence attaché

      LT Col. Thomas RAPATZ

      (Butmir)

13:30-15:00       Lunch, hosted by Dr.Sonja MOSER-STARRACH, SRSG CoE

      (restaurant “Gusar”)

15:30-16:30       Meeting with HR for BiH,Dr. Wolfgang PETRISCH (OHR)

17:00-18:00        Meeting with Ambassadors, Chairman Swedish Ambassador

      H.E. Nils ELIASON,

18:00-19:00        Meeting with local officials and reception- Hosted by Major of municipality “Stari Grad”, Mr. Fehim SKALJIC .

      ( At “ Hamam”, opposit of catholic cathedral)

THURSDAY, 17 May 9, 2001

 

08:00-09:00        Working breakfast with Mr. Zlatko Lagumdzija, Minister of Foreign Affairs of Bosnia and Herzegovina (hotel)

09:30-10:45        Meeting with Collegiums of the House of RepresentativesMr. AVDIC (Chairman), Mr.Zeljko MIRJANIC and Mr.MariofilLJUBIC (deputy’s), and House of People, Mr. Ilija SIMIC (Chairman), Mr.Sejfudin TOKIC and Mr.Nikola SPIRIC(deputy’s)

      (building of the State Institutions, Trg BiH bb)

10:45-11:25       Meeting with Presidency of BIH:

 

       -Mr.Zivko RADISIC, Chairman of the Presidency

      -Mr.Beriz BELKIC, Member of Presidency

      -Mr.Jozo KRIZANOVIC, Member of Presidency

       (Presidency Building)

11:50-12:20        Speech of Mr. Surjan atBiHParliament

14:00-14:15       Interview for “Jutarnje Novine” (Mr.Sarenkapa)

15:30       Departure

¹ These conditions have since been fulfilled. See par. 9 and 13 of the Draft Opinion.