PANEL ON ELIMINATION OF RACIAL DISCRIMINATION REVIEWS SITUATION IN BOSNIA AND HERZEGOVINA
07 August 1998
AFTERNOON
HR/CERD/98/42
7 August 1998
Bosnia and Herzegovina was facing a tremendous task in creating the basis for a modern and democratic society, an official of that country told the Committee on the Elimination of Racial Discrimination this afternoon.
The remark came as the Committee reviewed the situation in Bosnia and Herzegovina under its early warning and urgent procedures mechanism. Jeljko Jerkic, an official from the Ministry of Foreign Affairs of Bosnia and Herzegovina, told the members of the Committee that despite difficulties, the Government was on the right track and was making progress towards achieving its goals of modernization.
During the debate, several Committee experts said that countries hosting Bosnian refugees should slow down their expatriation processes to allow the Government of Bosnia and Herzegovina to complete its preparations for receiving returnees.
Participating in the debate were Committee experts: Peter Nobel, Régis de Gouttes, Theodoor van Boven, Ivan Garvalov, Gay McDougall, Yuri A. Rechetov and Agha Shahi.
When the Committee reconvenes at 10 a.m. on Monday, 10 August, it will review the situation of Haiti under the same preventive procedure.
Discussion
JELJKO JERKIC, of the Ministry of Foreign Affairs of Bosnia and Herzegovina, said that human rights abuses perpetrated in recent years in his country had been very violent. Nevertheless, at present, the Government was endeavouring to build a modern European State based on the state of law and on the equality of citizens.
The three entities making up the Federation of Bosnia and Herzegovina were Republika Srpska, Bosnian Serbs; the Bosniac, Bosnian Muslims; and Bosnian Croats, he said.
In order to combat human rights abuses, the Government had created human rights commissions which included the Chambers for Human Rights and the Offices of the Ombudsman, Mr. Jerkic said. The offices of the Ombudsman comprised three offices in the three entities and one at the federal level. The decisions of the Ombudsmen were binding and executory.
According to Mr. Jerkic, the Government of Bosnia and Herzegovina had continued its cooperation with the International Criminal Tribunal for the former Yugoslavia in the Hague. So far, the Government had done what it could to facilitate the task of the Tribunal in establishing evidence against persons indicted for their part in war crimes during the civil conflict.
The Federal authorities were very concerned about the fate of the estimated 20,000 missing persons, Mr. Jerkic said. The Government, in close collaboration with the Special International Commission on Missing Persons, was committed to identifying the presumed missing by carrying out a process of exhumation. The process was going smoothly, however, the task of exhumation was so expensive that international financial assistance was needed to speed it up.
With regards to the return of refugees, Mr. Jerkic said that although international organizations were involved in assisting returnees, an issue which was underlined in the Dayton Agreement, the implementation of resettlement programmes had become difficult in terms of financial resources.
Mr. Jerkic concluded his statement by saying that his country was facing a tremendous task in creating the basis for a modern and democratic society. Nevertheless, the Government was on the right track and was achieving its goals.
PETER NOBEL, the Committee expert who served as country rapporteur to the situation of Bosnia and Herzegovina, said a number of positive steps had been undertaken in that country during the last few years. He said the conflicts of today and the problems of tomorrow should be seen in light of what happened yesterday. In the past, historians of the former Yugoslavia had been criticized for their one-sidedness, chauvinism and falsification of facts and opportunistic fuelling of national hatred, particularly between Serbs and Croats.
Mr. Nobel stated that some positive progress had been achieved in Bosnia and Herzegovina such as the agreement on common passports, forms of car plates, currency and a common flag. Those measures had improved the freedom of movement of the population in all areas.
Mr. Nobel further said that during the war years, nearly 1.3 million inhabitants had become refugees. According to Amnesty International, refugees and displaced persons were unable to return to their homes because of continuing human rights violations. Scores of persons, including prisoners of conscience, were detained on account of their nationality. Most were detained without charge or trial. Dozens of persons charged with humanitarian law violations received unfair trials before courts in Bosnia and Herzegovina.
The implementation of the 1995 General Framework on Peace had continued, Mr. Nobel went on to state quoting Amnesty International. However, animosity remained high between the three entities constituting the Federation: Bosnian Serbians, Bosniac Muslims and Bosnian Croats. Within the Federation, the Bosnian Croats dominated authorities in some areas and acted as a third territorial unit. There was tension between the Bosniac and Croat-dominated authorities, particularly in the divided city of Mostar.
Mr. Nobel suggested that the presence of the International Police Task Force was very positive and it should be prolonged. In general, the situation in the region needed special attention and the Government of Bosnia and Herzegovina should be urged to undertake improvements in many directions, he said.
Reacting to Germany's decision to return refugees from Bosnia and Herzegovina, an expert regretted that such measures were taken without an appropriated study of the situation on the ground. The readiness of the Government to accommodate huge numbers of returnees should have first been taken into consideration before the decision was adopted.
Another expert, quoting a recent report of Amnesty International, said that the security situation in the field did not permit returning refugees to safely resettle in their original homes.
The expert further said that the administration of justice had to be improved. In addition, the cooperation of the Government with the International Penal Tribunal was not sufficient. He also said that the fate of the 20,000 disappeared persons was of concern to the Committee.
Committee experts also said that the process of expatriation of the refugees in western countries should be slowed down until such a time when they voluntarily decided to leave their host countries. The experts stressed the need for the presence of the International Police Task Force in the country to help maintain order. Committee experts urged the Government of Bosnia and Herzegovina to enhance its legislative and judicial reforms and to implement all human rights instruments it was party to.
HR/CERD/98/42
7 August 1998
Bosnia and Herzegovina was facing a tremendous task in creating the basis for a modern and democratic society, an official of that country told the Committee on the Elimination of Racial Discrimination this afternoon.
The remark came as the Committee reviewed the situation in Bosnia and Herzegovina under its early warning and urgent procedures mechanism. Jeljko Jerkic, an official from the Ministry of Foreign Affairs of Bosnia and Herzegovina, told the members of the Committee that despite difficulties, the Government was on the right track and was making progress towards achieving its goals of modernization.
During the debate, several Committee experts said that countries hosting Bosnian refugees should slow down their expatriation processes to allow the Government of Bosnia and Herzegovina to complete its preparations for receiving returnees.
Participating in the debate were Committee experts: Peter Nobel, Régis de Gouttes, Theodoor van Boven, Ivan Garvalov, Gay McDougall, Yuri A. Rechetov and Agha Shahi.
When the Committee reconvenes at 10 a.m. on Monday, 10 August, it will review the situation of Haiti under the same preventive procedure.
Discussion
JELJKO JERKIC, of the Ministry of Foreign Affairs of Bosnia and Herzegovina, said that human rights abuses perpetrated in recent years in his country had been very violent. Nevertheless, at present, the Government was endeavouring to build a modern European State based on the state of law and on the equality of citizens.
The three entities making up the Federation of Bosnia and Herzegovina were Republika Srpska, Bosnian Serbs; the Bosniac, Bosnian Muslims; and Bosnian Croats, he said.
In order to combat human rights abuses, the Government had created human rights commissions which included the Chambers for Human Rights and the Offices of the Ombudsman, Mr. Jerkic said. The offices of the Ombudsman comprised three offices in the three entities and one at the federal level. The decisions of the Ombudsmen were binding and executory.
According to Mr. Jerkic, the Government of Bosnia and Herzegovina had continued its cooperation with the International Criminal Tribunal for the former Yugoslavia in the Hague. So far, the Government had done what it could to facilitate the task of the Tribunal in establishing evidence against persons indicted for their part in war crimes during the civil conflict.
The Federal authorities were very concerned about the fate of the estimated 20,000 missing persons, Mr. Jerkic said. The Government, in close collaboration with the Special International Commission on Missing Persons, was committed to identifying the presumed missing by carrying out a process of exhumation. The process was going smoothly, however, the task of exhumation was so expensive that international financial assistance was needed to speed it up.
With regards to the return of refugees, Mr. Jerkic said that although international organizations were involved in assisting returnees, an issue which was underlined in the Dayton Agreement, the implementation of resettlement programmes had become difficult in terms of financial resources.
Mr. Jerkic concluded his statement by saying that his country was facing a tremendous task in creating the basis for a modern and democratic society. Nevertheless, the Government was on the right track and was achieving its goals.
PETER NOBEL, the Committee expert who served as country rapporteur to the situation of Bosnia and Herzegovina, said a number of positive steps had been undertaken in that country during the last few years. He said the conflicts of today and the problems of tomorrow should be seen in light of what happened yesterday. In the past, historians of the former Yugoslavia had been criticized for their one-sidedness, chauvinism and falsification of facts and opportunistic fuelling of national hatred, particularly between Serbs and Croats.
Mr. Nobel stated that some positive progress had been achieved in Bosnia and Herzegovina such as the agreement on common passports, forms of car plates, currency and a common flag. Those measures had improved the freedom of movement of the population in all areas.
Mr. Nobel further said that during the war years, nearly 1.3 million inhabitants had become refugees. According to Amnesty International, refugees and displaced persons were unable to return to their homes because of continuing human rights violations. Scores of persons, including prisoners of conscience, were detained on account of their nationality. Most were detained without charge or trial. Dozens of persons charged with humanitarian law violations received unfair trials before courts in Bosnia and Herzegovina.
The implementation of the 1995 General Framework on Peace had continued, Mr. Nobel went on to state quoting Amnesty International. However, animosity remained high between the three entities constituting the Federation: Bosnian Serbians, Bosniac Muslims and Bosnian Croats. Within the Federation, the Bosnian Croats dominated authorities in some areas and acted as a third territorial unit. There was tension between the Bosniac and Croat-dominated authorities, particularly in the divided city of Mostar.
Mr. Nobel suggested that the presence of the International Police Task Force was very positive and it should be prolonged. In general, the situation in the region needed special attention and the Government of Bosnia and Herzegovina should be urged to undertake improvements in many directions, he said.
Reacting to Germany's decision to return refugees from Bosnia and Herzegovina, an expert regretted that such measures were taken without an appropriated study of the situation on the ground. The readiness of the Government to accommodate huge numbers of returnees should have first been taken into consideration before the decision was adopted.
Another expert, quoting a recent report of Amnesty International, said that the security situation in the field did not permit returning refugees to safely resettle in their original homes.
The expert further said that the administration of justice had to be improved. In addition, the cooperation of the Government with the International Penal Tribunal was not sufficient. He also said that the fate of the 20,000 disappeared persons was of concern to the Committee.
Committee experts also said that the process of expatriation of the refugees in western countries should be slowed down until such a time when they voluntarily decided to leave their host countries. The experts stressed the need for the presence of the International Police Task Force in the country to help maintain order. Committee experts urged the Government of Bosnia and Herzegovina to enhance its legislative and judicial reforms and to implement all human rights instruments it was party to.