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Statement of the Special Rapporteur, Mr. Jiri Dienstbier, of the Commission on Human
Rights on the situation of human rights in Bosnia and Herzegovina, Croatia, and the
Federal Republic of Yugoslavia

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06 August 1998

6 August 1998

Meeting the press in Geneva for the first time as Special Rapporteur of the Commission on Human
Rights, I would like to underline my concern about serious human rights problems which persist in
Bosnia and Herzegovina, Croatia, and the Federal Republic of Yugoslavia. I have now had the
opportunity to visit all of the countries of my mandate, most recently Bosnia and Herzegovina (from
4-9 July) and the Republic of Croatia (9-15 July).

In Bosnia and Herzegovina, despite all good efforts by certain parties and by the international
community, it is evident that most political leaders are not yet committed to respecting everyone's
human rights, especially the rights of persons from different ethnic groups than their own. I was very
disturbed by the news from Banja Luka, after the sad death of the Mufti, Ibrahim Halilovic, on 23
July that the local Bosnian Serb authorities did not take the necessary steps to ensure that he could
be buried in the town of Banja Luka near his mosque. His body instead had to be transported to
Sarajevo. In numerous communities, political leaders have not shown a commitment to enabling the
return of former minority residents. This is the case, for example, in Bosnian Serb-controlled Banja
Luka, Bosnian Croat-controlled Drvar, and Bosniak-controlled Bugojno. On the positive side, I
am encouraged by some advances which have been made toward national unity, for example in
agreements which have been achieved, through the efforts of the Offices of the High Representative
and the High Commissioner for Human Rights among others, for greater judicial cooperation
between the Federation of Bosnia and Herzegovina and Republika Srpska. There has also been an
important advance in freedom of movement throughout the country, with the introduction of uniform
license plates and increased inter-Entity bus service.

In Croatia, the return of refugees and displaced persons, especially Croatian Serbs, is still
advancing too slowly. The initiative of the Government in presenting the Program for Return is
positive, but there is little concrete progress. Croatian Serbs in the Federal Republic of Yugoslavia,
for example, still encounter great administrative obstacles at the Croatian consulate when they try to
obtain permission to return. Other serious problems in Croatia include the administration of justice,
where war-crime suspects -- mostly Croatian Serbs -- suffer from a lack of due process. In
addition, freedom of expression is still limited. Although there are numerous publications in the
country, there is also a high number of legal claims made against journalists who publish articles
critical of the Government, which results in widespread self- censorship.

In the Federal Republic of Yugoslavia, I am deeply concerned by developments in Kosovo. There
is a potential humanitarian disaster in the region, where more than 100,000 Kosovo Albanians have
been displaced by the fighting, and more than 10,000 others have become refugees in the Republic
of Albania and the former Yugoslav Republic of Macedonia. Many people, including women and
children, are wandering in the hills in life-threatening conditions, although UNHCR and others are
doing their utmost to reach them. The Office of the High Commissioner for Human Rights has
received reports of over 100 abductions of Serb citizens committed by forces of the so-called
Kosovo Liberation Army, and there have also been reports of illegal arrests and mistreatment of
detainees committed by Serbian authorities. While the resolution of this conflict will depend on
political initiatives, I appeal to both sides to respect the provisions of international human rights and
humanitarian law, so that the suffering of civilians caught up in the conflict may be minimized.

I am now preparing my annual report to the General Assembly, in which I will formally present my
findings, conclusions and recommendations for the first half-year of my mandate. I am also planning
further fact-finding missions to the field, starting with a trip to Yugoslavia in September. It is my
great hope that the key events of the next few months, including elections in Bosnia and
Herzegovina, implementation of the Program for Return in Croatia, and formalization of the status
of the Office of the High Commissioner for Human Rights in the Federal Republic of Yugoslavia,
will bring an improvement to the serious state of human rights in the countries of my mandate.
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