HELSINKI COMMITTEE FOR
HUMAN RIGHTS IN REPUBLIKA SRPSKA
REPORT ON
“PROTECTION, PROMOTION AND
MONITORING
OF HUMAN RIGHTS IN REPUBLIKA SRPSKA”
Bijeljina
February 2000
CONTENTS:
GENERAL
RIGHT TO RETURN
Aid to Roma returnees
Obstruction to return
Attacks on returnees
Bombs on a Bosniak house
FREEDOM OF MOVEMENT
RIGHT TO CITIZENSHIP
MEDIA FREEDOM
Minister Vasic against IMC
Protest by private media
New weekly
Prevention of freedom of opinion and
speech
FREEDOM OF BELIEF
For reconstruction of religious
facilities
POLICE REFORM
ID cards for policemen
Policemen from BiH to serve in peace
keeping missions
Multi ethnic police established in
Brcko District
REFORM OF THE MILITARY
Surrender of weapons held by the
population
COOPERATION WITH THE HAGUE TRIBUNAL
SOCIAL RIGHTS
LEGAL DISCRIMINATION
PRIVATIZATION
ELECTIONS
LEGAL AID
PRESS CONFERENCES
GENERAL
In the month of January there was a quite a
number of holidays and days off in Republika Srpska. The situation was calm until the end
of the month and without major political developments.
In early January started the registration
of citizens for privatization voucher allocation. There are rather serious hints about
ownership transformation via allocation of vouchers among the citizens.
The deposed president of Republika Srpska,
Nikola Poplasen tried to attract the attention of the public with quasi medals awarded to
five individuals, of whom some are already in the Hague and the rest on the list of the
persons charged with war crimes by the Hague Tribunal. His decision seemed to the public
comic and provoked adequate reactions. However the mere fact that he is more often in
Belgrade than in Republika Srpska witnesses to the political background of all his moves
and signifies the direction of future activities of the Serb Radical Party, in the time to
come. We are particularly concerned with the announcements of this party that they shall
attempt to prevent local elections in early April. There are announcements, already at
this point, about unrest to be orchestrated on the eve of and during the elections,
primarily in Bijeljina, but also at other places in Republika Srpska, where the Serb
Radical Party has quite a number of followers, or in places near the border with FR
Yugoslavia. There are rumors that the members of the Serb Radical Party are going to
distribute a sort of their own ballot slips to confuse the electorate. It is also expected
that on the day of the elections they will follow and harass the voters in small groups.
Their activities are rooted in strong and constant meddling of the Belgrade regime in the
affairs of Republika Srpska. This is one of the fundamental problems we are going to face,
as long as the Belgrade regime remains in power.
Some political parties and individuals in
Republika Srpska are puppets of the Belgrade regime conveying destabilization to Republika
Srpska and Bosna and Hercegovina. It is rather evident that apart from the Serb Radical
Party of RS, fully controlled from Belgrade, there is a strong connection between the
Socialist Party of RS and the party of the same name based in Serbia. That bond is
unilateral in essence a mere transmission of directives from Belgrade, no matter they
contravene the interests of the citizens of Republika Srpska. In that way Milosevic’s
regime imposes itself as a factor that can incite regional destabilization. Depending on
the internal political developments in SR of Yugoslavia an attempt might be foreseen and
attempt at destabilization of RS and BiH arranged from Belgrade.
Apart from the two mentioned political
parties Belgrade exerts influence also on the individuals from Serb Democratic Party
reflected in treats and privileges in business relations maintained by the majority of
political leaders in RS with FR of Yugoslavia. The extreme nationalists from Republika
Srpska who fled to Belgrade after the election of new government of Republika Srpska
appear as direct executors of the Belgrade regime in exerting its control over the
political parties.
Two delegations of the council of Europe
visited Republika Srpska to discuss preconditions for the accession of BiH to the Council
of Europe.
Entity institution, but also joint
institution at the level of the country, manifested a number of problem in the period
under review in their functioning and obstructing the Peace treaties implementation. The
process of harmonization of the Law on the Council of ministers with the decision of the
Constitutional Court of BiH revealed dissatisfaction on the part of the Bosniak member of
the council of ministers of BiH.
The representative of Republika Srpska in
the joint institution declined the Law on border police, so that the High Representative,
Wolfgang Petritsch, was compelled, to impose the Law on the establishment of border
service, in mid January. The first group of border policemen-to-be has already left for
Graz, Austria, for training. The non acceptance of the Law in Republika Srpska was
primarily the result of fear among certain political structures and power centers that the
border police would prevent smuggling and criminality they control at present, generating
enormous financial gain for themselves. We are of the view that the border services shall
reduce illicit trading, criminality and terrorism.
The bill of the permanent election Law did
not get the requisite majority, either, to go through the regular parliamentary procedure.
The Bosniak and Croat members of the House
of representatives in the Parliament of BiH declined the bill on permanent election Law
for BiH, by mid January.
A few days later the Office of High
Representative and OSCE announced partial changes of the bill of the permanent election
Law to make it acceptable and possibly enacted in the regular procedure. Numerous
criticisms came from Republika Srpska and requests that the High Representative should
impose that Law, too.
The political life in BiH was stirred by
the declaration of Haris Silajdzic at the gathering of the leaders of the Balkan countries
in Plovdiv in Bulgaria. The calls for revision of the Dayton treaties are part of
political marketing, the ultimate results of which are difficult to predict. Sijadzic’s
declaration were harshly criticized by all the politicians in Republika Srpska, but also
by the leaders of the Social Democratic Party of BiH. Haris Silajdzic’s statements
favored mostly the position of the Serb Democratic Party and the revival of the extreme
nationalistic group. It is to be expected that the extreme nationalists shall help each
other in the election campaign by concocting and inciting incidents to spread ethnic
intolerance.
The attention of the public opinion in BiH
has been ever more drawn to the activities under the Pact for stability of southeast
Europe. The coordination meeting for the Pact in BiH, during January, imbued the citizens
with the wish to participate in building the society that will affirm the international
standards and values.
In the course of January SFOR, together
with the troops of 3rd Corpse of the Army of Republika Srpska, destroyed 22479
peaces of infantry armament in the barracks in Bijeljina. The process of reduction of
military potential in BiH, in both entities, along with the process of lower allocations
from the budget for armament is a necessary condition for democratization and
reconstruction of the country.
By end January Mitar Vasiljevic, charged by
the Hague tribunal for war crimes, was arrested by SFOR in Visegrad. His detention was not
met with any noticeable attention or uneasiness in the public of Republika Srpska. Also,
the reduced prison sentence from 25 to 20 years to the first Hague detainee Dusko Tadic
attracted almost no attention.
The echo of the Parliamentary and
Presidential election in Croatia was quite strong in BiH. It shall prove to be a positive
contribution to the stabilization and democratization of the country. The elections in
Croatia have demonstrated the discord among three members of the BiH Presidency as to the
issue of the participation of Croats from BiH at the elections. The members of BiH
Presidency Ante Jelavic and Zivko Radisic endorsed that the citizens of the Republic of
Croatia in BiH should vote on 24 January at the elections for the president of Croatia at
15 polling outlets in BiH, while the Bosniak member, Alija Izetbegovic, voted against this
decision. The advisor to Izetbegovice, Mirza Hajric explained to the journalists after the
session that it was “ principle standpoint” of the Bosniak member of BiH presidency,
who was against, as he put it, “Bosniak Croats voting at these elections since they are
constituent nation in BiH where they should exercise their rights”.
National assembly of Republika Srpska
resumed its nineth session by the end of January, where harsh political conflicts were
againt demonstrated as well as readiness to approve decisions in the interest of the
citizens. One of the items was the possibility of the election of the new cabinet. Within
coalition “Sloga” significant discord was evident which will soon result in the recall
of the Vice-Premier of Republika Srpska and the Minister for veteran and war victim
affairs and labor, Tihomir Gligoric. The recall is the result of continual activity of the
vice premier Tihomir Gligoric contrary to the provisions of the Law on the government of
Republika Srpska, setting out that vice premier assists the Premier in his exercise of
rights and responsibilities, coordinates the activities of the Ministry in the domains
assigned by the Premier and other business wested to him by the Premier, stressed the
statement for the media by the Government of Republika Srpska, adding that the Vice
Premier Tihomir Gligoric, without specific authorization by the government, trespassed his
scope of responsibility on several occasions, in particular on his visits to Russia and
Bulgaria, where he took part in the deliberations on the economic cooperation and other
issues outside the purview of non-economic activities falling within his duties of Vice
Premier. This was the explanation of the Premier for the recall of Minister Tihomir
Gligoric, otherwise the member of the Socialist Party of RS. It marked the beginning of
the fight within the coalition “Sloga” between those who listened more to the messages
from Belgrade and the Prime Minister who attempts to locate the decision making center on
all major issues to Banja Luka and Republika Srpska. In the period to come full
confrontation between the Socialist Party of RS and the rest of the coalition “Sloga”
could be expected. Also severe division within the Socialist party of RS itself may be
expected, to those loyal to the Belgrade regime and the other who want the socialist Party
of RS to build the future under the decisions which are in the interest of the citizens of
Republika Srpska.
By end January the Vice President of
Republika Srpska, Mirko Sarovic, after hesitation that took almost a year has taken over
the powers of the President at 9 session of the National Assembly of Republika Srpska. It
was a part of the strategy concocted in Belgrade, together with the Socialist Party of RS,
to depose the Government of Premier Dodik. Quick and harsh response by the Office of High
Representative, who labeled this move as contrary to the constitution, made Sharovic to
publicly denounce the political adventure he undertook. It will considerably weaken the
efforts of the part of the Socialist Party of RS, loyal to the Belgrade regime, to depose
the present government and install Dr Dragutin Ilic into the position of the Premier, as
one of the most pronounced exponents of Belgrade regime in RS.
It was expected that the constitution Court
of BiH should pass a decision by the end of January on the harmonization of several
provisions of the entity constitutions with the constitution of BiH. The constitutional
court of BiH should rule the constitutionality of the following provisions of the RS
constitution: self determination of nations, constituent attributes of a nation,
establishment of special relations with FR of Yugoslavia and Serbian people outside RS,
use of language and alphabets, forms of property, relationship between the state and the
Orthodox Church. Also the constitutional provision concerning the powers of the President
of RS were challenged in defense and security, powers of the president to appoint, promote
and recall the Army officers, Military court judges and military prosecutors. The judge of
the constitutional Court of BiH from RS, Marko Arsovic, otherwise Vice Premier of the
Constitutional Court, submitted his irrevocable resignation to the court. Thus, the work
of the Court was temporarily blocked.
The Ministry of civil affairs and
communications moved the initiative for the establishment of a commission for refugees and
displaced persons. The commission is anticipated under Article 23 of the Law on refugees
from BiH and displaced persons in BiH which was promulgated and entered into force on 31
December last year. With the view to an equal representation of all the constituent
peoples it was proposed that the commission should be composed of three representatives of
the Ministerial Council of BiH, two representatives of BiH Federation and one
representative from Republika Srpska.
In conclusion to this introductory part it
is worthvile to point to an interesting example on reports from Checnia war in the media
in RS compared to FBiH. The media in RS fully support the action and activities of the
Russian forces in Checnia which is evidently reflected in the attitude of the public. On
the other hand, the media and public opinion in BiH Federation have a completely different
approach condemning the intervention of the Russian military siding openly and without
reservation with the Chechens. This example well illustrates the state of mind in BiH and
prevailing difference between two entities.
THE RIGHT TO RETURN
Local authorities in RS started
implementing the decision on the return of refugees and expellees of non Serb nationality
( Bosniaks, Croats and Roma) to the area of RS under the pressure of new property laws and
frequent controls by OHR Office.
The contacts between the authorities of the
two entities are ever frequent as well as their agreements on a two way return. One of
such agreements was reached in Gorazde where the entity ministers for refugees and
displaced persons, Dragutin Dragicevic (RS) and Sulejman Garib (F BiH) have met with the
representatives of local authorities, OHR and SFOR. The agreement reached anticipated
planned and progressive return of the displaced and refugees to the area of the pre war
Municipality of Gorazde. A specific topic was how to resolve the issue of the flats
occupied by the so called dual occupants (refugees who have taken up two or more flats
owned by others). The representatives of the Serb Gorazde stated they agree with the
continued works on reconstruction of 45 Bosniak houses. This form of cooperation will
continue.
The local authorities in Prijedor, RS,
achieved good cooperation with the authorities in Sanski Most and Kljuc (FBiH). According
to their agreement some 10000 Bosniaks (expelled and living now in the Municipalities of
Sanski most and Kljuc) should return to Prijedor and the neighboring villages by August
2000. Also, within the same period some 6,000 Serbs accommodated now in Bosniak houses in
Prijedor, should return to their homes in Sanski Most and Kljuc.
The Department of the Ministry for refugees
and the displaced in Prijedor received 92,100 requests for property restitution. Of the
total, 1,502 requests are concerned with tenancy rights and the rest with private houses.
The requests were filed by Bosniaks, Croats and Roma. Of the requests submitted 10% were
resolved and 52 families restituted.
In the Municiplatites Vukosavlje and
Modrica reconstruction of 1000 houses owned by Bosniak and Croats is under way. The
reconstruction proceeded with the aid of the government of the Tuzla canton. Thus far, 108
families returned to Modrica and 135 to the neighboring villages (of Bosniak and Croat
nationalities). To the Municipality of Zvornik 3,044 Bosniak families numbering 11,630
members have returned thus far. They returned mainly to the villages of the municipality
(57 villages) where 454 houses were constructed of repaired. In mid January 200 pre war
Bosniak inhabitants returned to the satellite settlement Kula-Grad.
To the settlement of Chair (Municpality of
Doboj, RS) 40 Bosniak families returned in the course of January. The humanitarian
organization SEA (from Scotland) participated in the construction and reconstruction of
the houses. All the houses have water and electricity supplies.
In the course of January five Bosniak
families returned to Koraj ( Municipality of Lopare, RS). This first return ever to Koraj
was accomplished on the merit of the agreement on two way return, on “turn key” basis.
According to their agreement the Serb families occupying now the Bosniak houses in Koraj
are going back to their villages in the mount of Majevica. The return of the families of
both nationalities is supported by the government of the Tuzla canton. According to the
plan over 200 families of either nationality should return to their homes during the
spring.
The return of the Bosniaks also started to
the village of Rovase ( Municpliatuy Milici, RS) where 100 persons entered their houses.
Before the war there were 430 Bosniak households with 1,368 members. Again, the return was
assisted by the government of the Tuzla region. Another Bosniak village Skuglici in the
area of this municipality saw the return of its pre war inhabitants. In this village SEA
of Scotland helped the building of 19 houses for the returnees, which is under way.
Aid to Roma returnees
EU Commission signed the Agreement
assisting the return of Roma from Berlin to the area of the Tuzla canton. The assistance
amounts to 1,5 million EUROs. The project will be implemented by the Austrian non
government organization Hilswerk, to be completed by end October the current year.
According to the agreement Hislwork shall
repair Roma houses, provide water and electricity supply to each, procure framing tools
and organize extension service for new jobs.
Obstruction to return
In spite of numerous positive examples of
return there is a significant thwart and obstruction to return, albeight outside city
areas.
The obstruction to the implementation of
the decisions further to Annex VII of the Dayton treaties are most evident among the
representative of the entity and local authorities. In their public appearances they
declare themselves in favor of and support to the return of minority nations, but they
thwart the effort in every possible way.
The obstruction to the return are posed by
the local (municipal) departments of the Ministry for refugees and displaced persons. This
is the case in Bijeljina. The employees in the department thwart or render the
implementation of property laws difficult, in various ways, enacted by the High
Representative for BiH. It is evident even in priority cases.
Namely, under the provision of the property
laws priority TO restitution is assigned to the individuals who never left their town,
followed by the owners of the facilities occupied illegally by individual families
(who have no refugee status), as well as in
cases where the individual refugee families occupy two or more of the houses belonging to
others.
Thus, the Bosniak family S.P. who never
moved out of Bijeljina, has been waiting for three months to obtain a decision on their
tenancy right by the department of the Ministry for refugees. All the requirements for
reinstatement into tenancy have been met and the Property commission recommended the
family as a priority case. However, the employees of the department are dragging the
issuance of the eviction warrant to the temporary occupants of the flat who have no
refugee status (domiciled family). There are many similar cases resulting in great
dissatisfaction.
Indirectly obstructive in this process of
return of the Bosniaks to RS are the authorities of BiH Federation. Namely,, in many
places even the local authorities of FBiH do not allow or obstruct the return of Serbs to
their pre war homes, thus automatically hindering the return of the Bosniaks to RS. This
phenomenon was underscored by the refugees of Bosniak nationality who wished to return to
the municipality of Modrica.
Assaults against returnees
There are individual hindrances to the
return as witnessed by the event in the village of Mravica (municipality of Pranjvor, RS).
The inhabitant of the village ( Mladen Vrhovica) physically attacked the Bosniaks who
returned to the villages ( Nurija Mujkic and Azra Zenic). The police in Prnjavor and IPTF
were informed of the incident.
Bombs on a Bosniak house
On 12 January around 5 o’clock two hand
grenades (M-57) were fired on the family house of Esad Music. The explosion caused vast
material damage but no casualties.
After the investigation the Banja Luka
police arrested Silvije Sobot and Darije Barisic ( both from Banja Luka) as suspects for
the incident.
The family house of Music was the target on
more than one occasion. In 1999 the grenades were fired four times while automatic weapon
shooting occurred three times. The purpose was to intimidate the family Music and expel it
from its home.
FREEDOM OF MOVEMENT
Given the fact that the international civil
air-flights were re opened in Bosna and Hercegovina, the freedom of movement is extended
to all BiH citizens. The BiH air space has been closed for civil flights since the begging
of the war in ex Yugoslavia.
At the recommendation of the International
civil aviation organization 13 European countries have agreed to reopen air space of BiH
as of 27 January. Civil aviation control over BiH territory shall be carried out by
Croatia and Yugoslavia.
THE RIGHT TO CITIZENSHIP
The issue of the misuse in granting BiH
citizenship was raised when it was discovered that the notorious world terrorist Amdouni
Mehrez held BiH passport and was granted BiH citizenship.
The Ministry of civil affairs and
communication of BiH stated that, as of 6 April 1992, the citizenship of BiH was granted
under different criteria to 10,994 individuals. The citizenship was granted to foreign
nationals during the war on the merit of thr old laws and after the war on the merit of
new laws enacted by Croatian Republic Herceg Bosna and Republika Srpska. Following the
establishment of joint institutions at the level of BiH only 66 certificates of
citizenship were issued.
The newly formed commission on revision of
naturalized citizens of BiH received thus far from FBiH MUP 5,130 files on persons who
were granted BiH citizenship during the war.
The status of citizenship was obtained by
38 persons in Republika Srpska during the war and yet another 220 individuals after the
Dayton treatise. Diplomatic and consular offices of BiH throughout the world granted the
highest number of citizenship certificates (totally 5,540) of which the majority were
issued in Germany.
Most of the citizenship certificates of
BiH, as well as passports, were granted to the citizens from Yugoslavia, actually from
Sandzak, Kosovo and Macedoina. Citizenship was allocated for war merits and national
adherence.
MEDIA FREEDOM
The journalist and media desirous to remain
autonomous and report fairly on illicit manipulations of the local and entity bodies of
authority ( individuals and institutions) as well as local power wielders are still
exposed to pressure and threat.
This applies equally to RS and FBiH. The
journalist of magazine “Dani”, Hasan Avdic, of Tuzla and the journalist of magazine
“As” Ado Lepara of Travnik were subjected to threats.
The editor-in-chief of the “Nezavisne
novine” of Banjaluka and of radio NES Zeljko Kopanja was exposed to threat again. Zeljko
Kopanja was exposed to assault on 6 October 1999, when he was heavily injured (left
without legs). On arrival from treatment from Austria to Banja Luka he received a letter
threatening him with assassination.
Both the local and international police
were informed of the treat. The local police undertook specific security measures and
protection of Mr Kopanja and his family due to possible attack. The representatives of the
international organizations in BiH expressed their concern too. OSCE mission requested RS
authorities to disclose the results of the investigation so far about the attempted
assassination of Zeljko Kopanja to trace the perpetrators and bring them to justice.
OCSE mission stressed that media freedom is
one of the most important elements in the process of democratization and that the threats
to journalist constitute an open act of intimidation by those who still believe in the
rule of fear and violence.
Spokesman of UN Mission for the regions of
Banja Luka and Bihac, Aloone Roberts said that their office receives at least on complaint
a week by journalists. These are the reporters engaged in research journalism, disclosing
various illegalities. The criminals involved permanently threat them with violence and
murders. Mr Roberts is of the view that a law on journalists protection is a necessity.
Minister Vasic against IMC
The Independent Media Commission (IMC),
with the OHR, issued a new price list for the customers of radio and television
frequencies in BiH. That move provoked response of the information Ministry in RS and
Minister Rajko Vasic who qualified it as “an attempt to completely separate the media
from the entity”.
Minister Vasic is of the view that it is
quite unacceptable for IMC to set permanent prices for monthly utilization of frequencies,
because it is the exclusive competence of the entity. According to him, it constitutes
direct meddling into the budget of RS. Vasic stated that IMC encouraged media last year
not to honor their contractual and legal obligations, resulting in the shortage in the
budget of RS and Ministry of information of 1 million marks. That money was planed to be
invested in the development of the electronic media.
The opinion of Minister Vasic is that IMC
emulates OHR in the attempt to proclaim itself the soul supreme and permanent power holder
in the area of electronic media. Minister Vasic warned that IMC enters confrontation with
both Serb and Croat sides, aspiring at decentralization in BiH, offering the conclusion
that “IMC tends to implement hard centralism of despotic type.
The Minister on information in the RS
Government, Rajko Vasic, expressed his disagreement because the Association of Electronic
Media (AEM) of RS accepted the price list of IMC for access to frequencies. That is why
Minister Vasic labeled it as a semi-private organization tending to orchestrate RSA media
into the Association of Electronic Media of BiH.
Protest of private media
Most of the electronic private media in RS
as well as in FBiH protested against the prohibition by the provisional election
commission (PIK) to advertise political parties via these media during the election
campaign.
The owners of the media are of the view
that via advertisements they could earn good money and improve their financial position.
At the same time the media warned that the
decision would affect most small and opposition parties. All the powerful electronic media
are now controlled by major or ruling parties and will certainly help them indirectly.
Small parties will remain obscure.
New weekly magazine
Since 6 January a new weekly magazine
“Republika” is published by “Glas Srpski” in RS. It was announced that the
magazine will report on all the topics in RS, the neighborhood and the world.
This is an attempt on the part of “Glas
Srpski” to contribute to the improvement of the media in RS, specifically printed ones.
The editor in chief of “Republika”, Goran Mihajlovic, said they will try to pursue the
above goals by professional approach and objective reporting.
In all probability they will be able to
affirm the work and political moves of the current RS government, judging by the concept
of a couple of initial publications.
Prevention of the freedom of
opinion and expression
Some local authorities in RS could be
singled out as proponents of the prevention of freedom of expression and opinion.
The latest example of the drastic violation
of this human right and punishment occurred in Milici.
The municipal magistrate court fined Mladen
Mimic, chairman of the Civic Association “Milicanin” ( totally 330 KM). He was fined
for “belittlement of the institution of the executive board as well as its members by
labeling them as an unfortunate group and the similar, stating false allegations while in
the communication ref.02-75/99 belittling the personality of the chairman of the Committee
Ante Nikolic, having written that he is transparent and disclosed, and should go home to
save his face, then he belittled the authorities in Milici as well as individual
distinguished personalities” (quotation from the judgement of the Magistrate court in
Milici, No. 831/99, dated 12.01.2000).
The civic association “Milicanin” of
Milici issues its bulletin from time to time. The authors of the bulletin present
political problems in allegorical terms with the characters under code names.
According to the police of Milici certain
institutions and distinguished personalities were recognized in the code names, which was
taken as libel and offence on the merit of which he was charged with offence. It was
honored by the Magistrate court ( judge Dragana Kezunovic) who fined Minic.
It is worth mentioning in this case that
the decision of the High Representative for BiH Carlos Vestendorp, revoked the legal
provision setting out punishment of journalists for libel. According to that decision the
personalities who feel offended by the statements and articles mentioning their names may
personally file a law suit.
FREEDOM OF BELIEF
The situation in this area remains mainly
the same as described in previous reports. In the period under review there was a couple
of meetings of religious leaders of different confessions in BiH which opens up new
possibilities for inter religious cooperation and tolerance.
The session of Inter- religious Council of
BiH was held in Srpsko Sarajevo ( 10 January). It was attended by the Cardinal Vinko
Puljic on behalf of the Roman Catholic church, Metropolitan Nikolaj on behalf of the Serb
Orthodox church, Ismet ef. Spahic ( Islamic community) and Danilo Nikoli (Jewish
community). On that occasion the Minister of civic affairs in the Council of ministers of
BiH, Marko Asanin, presented to the religious leaders the proposals of the law on
restitution anticipating that the property of religious communities should be restituted
or compensated for to individual confessions.
The representatives of the Inter religious
council expressed their gratitude to the Council of ministers of BiH for financial
assistance. Each religious community received 25,000 KM.
Cardinal Vinko Puljic and Metropolitan
Dabrobosanski Nikolaj, served two masses together in Sarajevo. The first on 22 January in
the Sarajevo Cathedral, and a second a day later in the Orthodox Main Church. The common
sermon is a proof that people of different confessions may coexist in BiH.
The minister of religion in the government
of RS Jovo Turanjanin stated (in early January) that he was personally against demolition
of Islamic and catholic mosques and churches in RS and that he advocates their
reconstruction. The reconstruction should be approved by the local authorities on
individual communities which, according to him, is out side the preview of the Minister of
religion.
In favor of reconstruction of
religious facilities
The assembly of the citizens of Bosanska
Krajina which was held in Sarajevo, condemned the prohibition of construction of Islamic
religious facilities in the area. The Serb local and entity authorities do not allow the
construction and reconstruction of the mosque.
The assembly of the citizens of Bosanska
Krajina is of the view that a permission to build religious facilities would contribute to
reconciliation, religious tolerance, and return of the expelled Bosniaks to the territory
of RS.
On the other hand, the local authorities
are of the view that the construction of Islamic religious facilities, particularly of
Ferhadije mosque in Banja Luka, could result in renewed national conflicts.
During the war some 200 mosques and other
religious facilities of Islamic culture were destroyed in the area of Bosanska Krajina.
In Prnjavor three Islamic religious
facilities were demolished, in Jajce nine, in Mrkonjic grad five, in Sipovo six, in Kljuc
18, Sanski Most 27, Bosanski Petrovac and Skendervakuf 3 each, Bosanska Krupa and Bosnaski
Novi 14 each, Kotor Varos 15, Prijedor 36, Bihac 13, Cazin 7, Bosanska Gradiska 4, Banja
Luka 16 etc.
POLICE REFORM
Police reforms in RS are going on either
under the decision of the government of RS or those imposed by the High Representative for
BiH.
The High Representative for BiH, Wolfgang
Petritsch, imposed the Law on border services, because the representatives of RS in the
joint authorities of BiH did not want to vote for that law. The border police is
established to protect the borders and safety of the airport.
At the promulgation of that law the High
Representative, Wolfgang Petritsch, said that he would not allow to a couple of
representatives of Republika Srpska to interfere with the hopes of the whole country for
prosperity and an open future.
The border service shall have the Director
and two deputies, representatives of all three nations and shall be appointed by the
presidency of BiH.
Enactment of the Law on border service of
BiH is one of the conditions for accession of BiH to the council of Europe.
ID badges for the police
RS police received identification (ID
badges) in mid January. Each policeman shall be obliged to bare ID badge with his photo,
name and surname and police number.
BiH policemen on peace missions
The first group of 21 policeman from BiH
(13 Bosniaks, 7 Serbs and 1 Croat) met the requirements for participation in UN peace
missions. Their applications were sent to the UN Headquarters in new York and now they
expect to be invited to participate in one of the peace keeping missions.
Multi ethnic police established in
Brcko district
The multi-ethnic police for Brcko district
was established under the decision of the Brcko supervisor, Ambasador Robert Farrand. The
police shall have 320 officers and Dusan Kokanovic was appointed as Chief officer. Pending
the election of the government and assembly of Brcko district, the police shall be
directly reporting to the ambassador Farrand.
REFORM OF THE ARMY
Within the plan to reduce the entity armed
forces and demilitarize Brcko, significant positive changes have taken place in the RS
Army.
The RS Army reduced its forces by
dissolving 309 Brigade that had been stationed in the area of the municipalities of Brcko
and Lopare. A part of a professionals in the RS Army were transferred from this brigade to
other units, a part was retired and a part was dismissed from the Military service.
In the course of January started the
withdrawal of all military forces from the area of Brcko district. It is expected that all
the soldiers will withdraw by the end of March and that this area will be fully
demilitarized.
Under the plan for reduction the entity
military forces (EOS) the infantry weaponry was destroyed. The destruction proceeded under
the control of SFOR in Tuzla, Orasje and Bijeljina. The total of 7,500 pcs of shooting
weapons, were destroyed.
Surrender of weapons held by
inhabitants
SFOR members stated that in their action
Harvest (collection of armament from the inhabitants) 351 guns, 52 light machine-guns, 353
hand grenades, 246 mines, 162 explosive devices and over 153 thousand pcs of infantry
ammunition were surrendered in the course of January. SFOR members continue to appeal to
the population to yield illegal weapons and so secure peaceful and safe living.
COOPERATION WITH THE HAGUE TRIBUNAL
The representatives of RS government in all
their public speeches express readiness to cooperate with the Hague tribunal.
It is testified to by the arrrest of Mitar
Vasiljevic in Visegrad, charged with war crimes (arrested by SFOR forces on 25 Junuary).
The arrest met with no major protests by the individual political parties or individuals.
No official authority voiced opposition.
SOCIAL RIGHTS
The social rights of the majority of
citizens in Republika Srpska are more or less jeopardized or non existent.
The major problem in this domain is high
unemployment. In January 155,000 unemployed persons were registered in RS, of all age and
educational groups. It is believed with certainty that employment is even higher because
not all the jobless have applied to employment bureaus.
It primarily concerns the citizens of non Serb nationality, who can not get a job in any
institution (municipal authorities, judiciary, health care, education, police, military).
The reason for unemployment lies predominantly in the fact that the production in large
industrial systems has not been revitalized, which had employed several thousands of
workers before the war. The jobless, as well as their family members have no income (from
employment bureaus), no health care and receive no welfare or humanitarian assistance.
Even the employed are deprived of their
social rights. Primarily, the employees have law salaries insufficient for basic cost of
living for a family. In December the average salary in RS was 272 KM. At the same time
cost of living in December went up by 0.4% over November, while December prices were 22.8%
higher compared to the average in 1998. The deprived category includes the pensioners with
average income of 90 KM a month.
A huge number of private firms fail to
notify all their employees, but keep them as moonlighters. In the same way some
enterprises are short on money and fail to pay obligatory contributions for health and
pension funds. The difficult situation in work collectives and deferred salaries resulted
in an increased number of strikes. One of the largest strikes was in “Incel” in Banja
Luka ( a thousand employees).
The social rights are mostly endangered by
widely spread crime and corruption. Some firms and individuals evade payment of customs
duties, excises and tax on high tariff goods (oil, cigarettes alcoholic drinks, coffee)so
that the social funds can not tap the expected funds from these sources. That is why the
social centers have no resources to offer assistance to the deprived categories of
population.
In consequence of the above illicit work,
smuggling even thefts are widespread. The inhabitants are forced to earn their bare living
in various illegal ways. Particularly petty smuggling of food and other commodities are
spread because they are taken from Serbia and sold at the farmers’ market. Also quite a
number of private shops are supplied with the smuggled goods from Serbia so evading to pay
sales tax.
RS Government found that over 20,000
workers are employed with private employers but not covered by any social security scheme.
It is quite a paradox that in 33 000 private firms only 13,000 workers are legally
registered.
That is why the government of RS announced
a campaign for suppression of black labor market and gray economy.
The veterans and the war disabled are
dissatisfied with their social status. They call on RS Government and OHR to help them
tackle basic social problems, as accommodation, health care and food.
The trade union of education, science and
culture expressed also dissastisfaction with the status of employees and announced
stepping out of the RS trade unions.
The Trade unions federation of RS expressed
their helplessness in the struggle for better status of its members. It was pointed that
the only success was the agreement reached with the government on the lowest labor cost
which as of 1 February amounts to 80 KM (the current one is 60KM).
The prospects for improvement of socials
rights in RS are quite meagre for the time being.
LEGAL DISCRIMINATION
The proposed Bill on by out of flats in RS
contains certain provisions of discriminatory character in violation of some basic human
rights.
Article 30 of this Law anticipated that the
persons who “left territory of RS during the war shall not be entitled to 50% discount
of the by out price”. It mainly concerns the individuals of Bosniak and Croat
nationalities expelled from the present territory of RS. On the other hand the discount
was anticipated exclusively for the citizens of Serb nationality. The law also set out
that flat can not be bought out with the vouchers obtained by the citizens in the process
of privatization. The objections to the individual Articles of the Law were accepted by
OHR who insisted that the same should be changed because they evidently violate the
fundamental human rights and contain discriminatory provisions.
PRIVATIZATION
On 3 January started registration of
citizens for privatization in RS. All the citizens registered shall be entitled to the
allocation of the state property via vouchers. Of the total estimated value of the
companies 50% shall be transfprmed into vouchers and distributed among the citizens.
The registration is going at 250
registration outlets and will be concluded on 20 February. Judging on the pace of the
registration it would be impossible for all the citizens to register by the deadline which
was proposed to be extended. The proposal to that effect was already communicated to the
High Representative for BiH by individual civic associations.
The privatization of the ones social
property (ex socialist Republic of Bosna and Hercegovina) it was designated that the firms
who had the head office in one entity have no entitlement to their property that remained
in another entity. The property shall be privatized under the law of the entity where it
is located.
ELECTIONS
Within the preparations for local elections
to be held on 8 April drawing of lots was made to rank the parties on the ballot lists.
Totally 68 parties, 7 coalitions and 18 independent candidates will take part in local
elections throughout BiH.
LEGAL AID
The legal office of the Helsinki committee
had quite a number of requests in the course of January too. 142 individuals asked for
legal aid. Restitution of property, the right to return, the right to work and exercise of
social rights were the main issues of counseling. The citizens repeatedly complain for
slow process of resolution of their property requirements by the Ministry for the expelled
and displaced persons and slow judicial procedure. The legal aid offered by the Helsinki
committee yields good results as witnessed by the number of applicants who contacted the
Office. In the period
1 February 1999 to 31 January 2000 more
than 1850 citizens from whole Bosna and Hercegovina and its regions turned to the Helsinki
committee for legal aid. In 15 cases the layers of the Helsinki committee defended the
citizens in court suits. The defense of journalists and media could be singled out because
they were exposed to attacks and dismissal from employment. One of the cases ofdefense of
the citizens was also the appeal for renewal of court proceedings against Miodrag Andric,
sentenced to 20-year imprisonment by the Canton Court in Sarajevo for an alleged war
crime. In the reopened proceedings the layers of the Helsinki committee proved that Andric
was innocent and he was consequently released.
The funds under NED project earmarked for
concrete legal protection of the defendants via lawyers were tapped in quite a complex
case of the journalist Mirko Srdic of Doboj, discussed more in detail in the proceeding
report. Going through a series of quite serious cases, in which the citizens approached us
for tangible legal assistance and a lawyer as their counsel we selected seven cases. These
are concerned with the protection of basic human rights of non Serb inhabitants of RS,
protection of the rights of the Romas, protection of the rights of privat3e property. We
are of the view that we shall implement the protection of the human and civic rights in
these cases by means of recruiting high quality lawyers.
PRESS CONFERENCES
In the reported period two press
conferences were held in Bijeljina. The firs was held on 12 January 2000 where the
President of the Helsinki Committee for Human Rights in RS, Branko Todorovic, spoke of
current state of human rights in RS, particularly stressing the problems of implementation
of the right to own property and prevention of freedom on confession. The Lawyer of
Helsinki committee, Midrag Stojanovic, spoke to the press of the main problems which the
citizens raise with the legal office of the Helsinki committee asking for help.
The second press conference was held on 21
January 2000 also in Bijeljina. The data on the number of the requests for property
restitution were presented and the pace of their resolution. The obstructions within the
Ministry for refugees and displaced persons in RS were criticized concerning their return.
The establishment of the border service of the whole BiH was supported as the main
precondition to prevent crime, terrorism and illicit trade. A great number of radio and TV
teams and printed media attended the conference. The coverage in the media after the press
conferences was quite satisfactory. |
