Information Documents

SG/Inf(2003)21-Add      23 June 2003

Bosnia and Herzegovina: compliance with obligations and commitments and implementation of the post-accession co-operation programme

Addendum to the Fourth Quarterly report (March 2003 – June 2003)

Principal Council of Europe texts and list of commitments

CONTENTS

Pages

I.       Relevant texts of the Committee of Ministers ..................................................................................................... 2

                         (i)         1994 Declaration on compliance with commitments .............................................................................. 2

                         (ii)        Resolution (2002) 5, of 20 March 2002, inviting Bosnia and Herzegovina to become a member State     3...............................................................................................................................................................................

                         (iii)       Exchange of letters between the Chair of the Committee of Ministers and the Presidency

             of Bosnia and Herzegovina .......................................................................................................................... 5

(iv)       Ministers’ Deputies decision of 6 March 2002 .......................................................................................... 8

                         (v)        Ministers’ Deputies decision of 29 May 2002 ........................................................................................... 9

                         (vi)       Extract from document GR-EDS(2002)24-rev, of 5 June 2002 ............................................................ 9

                        

II.      Relevant text of the Parliamentary Assembly .................................................................................................. 10

                         (i)         Opinion No. 234 (2002) of 22 January 2002, Bosnia and Herzegovina’s application for membership of the Council of Europe.......................................................................................................................................... 10

              

III.    List of  commitments ............................................................................................................................................... 16

          (i)         Classification of specific commitments by theme ................................................................................. 16

                         (ii)        List of commitments undertaken upon accession .................................................................................. 16

       

           

I.         RELEVANT TEXTS OF THE COMMITTEE OF MINISTERS

           

            (i)         1994 Declaration on compliance with commitments

COUNCIL OF EUROPE

COMMITTEE OF MINISTERS

DECLARATION

ON COMPLIANCE WITH COMMITMENTS

                      ACCEPTED BY MEMBER STATES OF THE COUNCIL OF EUROPE

(Adopted by the Committee of Ministers on 10 November 1994

at its 95th Session)

            The Committee of Ministers,

            Bearing in mind:

            –          the vocation of the Council of Europe to promote the reinforcement of democratic security in Europe, as stressed by the Vienna Summit (October 1993), where heads of state and government also resolved to ensure full compliance with the commitments accepted by all member states within the Council of Europe;

            –          the commitments to democracy, human rights and the rule of law accepted by the member states under the Council's Statute, the European Convention on Human Rights and other legal instruments;

            –          the importance of the strict compliance with these commitments by every member State;

            –          the statutory responsibility incumbent upon itself for ensuring full respect of these commitments in all member states, without prejudice to other existing procedures, including the activities of the Parliamentary Assembly and conventional control bodies;

            –          the need to facilitate the fulfilment of these commitments, through political follow-up, carried out constructively, on the basis of dialogue, co-operation and mutual assistance,

            Decides as follows :

1.         The Committee of Ministers will consider the questions of implementation of commitments concerning the situation of democracy, human rights and the rule of law in any member State which will be referred to it either:

            – by member states,

            – by the Secretary General, or

            – on the basis of a recommendation from the Parliamentary Assembly.

            When considering such issues the Committee of Ministers will take account of all relevant information available from different sources such as the Parliamentary Assembly and the CSCE.

2.         The Secretary General will forward to the Committee of Ministers to this end information deriving from contacts and co-operation with member states that are liable to call for the attention of the Committee of Ministers.

3.                  The Committee of Ministers will consider in a constructive manner matters brought to its attention, encouraging member states, through dialogue and co-operation, to take all appropriate steps to conform with the principles of the Statute in the cases under discussion.

4.         The Committee of Ministers, in cases requiring specific action, may decide to:

            – request the Secretary General to make contacts, collect information or furnish advice;

            – issue an opinion or recommendation;

            – forward a communication to the Parliamentary Assembly;

            – take any other decision within its statutory powers.

5.         The Committee of Ministers will continue to seek greater efficacity in its procedures with a view to ensuring compliance with commitments, in the framework of a constructive dialogue.

            (ii)        Resolution (2002) 5 inviting Bosnia and Herzegovina to become a member State

COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

Resolution Res(2002)5

Invitation to Bosnia and Herzegovina to become a member of the Council of Europe

(Adopted by the Committee of Ministers on 20 March 2002
at the 789th meeting of the Ministers’ Deputies)

The Committee of Ministers,

Having regard to the Statute of the Council of Europe;

Considering the wish expressed by Bosnia and Herzegovina to become a member of the Council of Europe;

Having taken note of the intention of the Government of Bosnia and Herzegovina to sign the Convention for the Protection of Human Rights and Fundamental Freedoms upon the deposit by the said government of its instrument of accession to the Statute of the Council of Europe;

Expecting that this instrument will be ratified within one year from accession;

Having, in accordance with the provisions of Statutory Resolution (51) 30 A, consulted the Parliamentary Assembly, which has expressed a favourable opinion (Opinion No. 234);

Observing that Bosnia and Herzegovina is willing to comply with the conditions laid down in Article 4 of the Statute;

In the light of the commitments entered into by Bosnia and Herzegovina, as set out in Opinion No. 234 (2002) by the Parliamentary Assembly, and the assurances for their fulfilment given by the Presidency of Bosnia and Herzegovina in its letter of 14 March 2002, in reply to the letter by the Chairman of the Committee of Ministers of the Council of Europe of 13 March 2002, with a view to membership of the Council of Europe;

Reaffirming both the commitment by the Committee of Ministers to provide Council of Europe support and assistance to the Government of Bosnia and Herzegovina and its determination to ensure through an appropriate monitoring procedure that the obligations and commitments linked to the accession of Bosnia and Herzegovina are honoured;

Having regard to the Financial Regulations,

Resolves:

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

ii.         to fix at five the number of Representatives of Bosnia and Herzegovina in the Parliamentary Assembly;

iii.        to determine Bosnia and Herzegovina’s various proportionate financial contributions to the Council of Europe according to the appendix to this resolution of which it forms an integral part;

Instructs the Secretary General to notify the Government of Bosnia and Herzegovina of these decisions and to make all necessary arrangements for their implementation.

Appendix to Resolution Res(2002)5

1.         The Committee of Ministers, in accordance with Resolution (94) 31 on the method of calculating the scale of member states’ contributions to Council of Europe budgets, fixes the proportion of the contribution of Bosnia and Herzegovina to the ordinary budget, extraordinary budget  (Head 2142 ), the Pensions and the European Youth Foundation budget at 0.1200% for 2002.

2.         The Committee of Ministers, in accordance with Resolution (86) 30, fixes the proportion of Bosnia and Herzegovina’s contribution to the extraordinary budget-expenditure relating to the Human Rights Building (Head 2141) at 0.1042% for 2002.

3.         The amount which Bosnia and Herzegovina is to contribute to the Working Capital Fund, calculated in accordance with the same percentage as for the ordinary budget, is € 3 476 which is added to the Fund’s present total.

(iii)      Exchange of letters between the Chair of the Committee of Ministers and the Presidency of Bosnia and Herzegovina

(iv)             Ministers' Deputies decision of 6 March 2002

786^th meeting – 6 March 2002

Item 2.1a

Current political questions

a. Activities for the development and consolidation of democratic stability

(GR-EDS(2002)13-rev, GR-EDS(2002)CB4, CM/Inf(2002)11)

“Decisions

The Deputies

1.         took note of the report of the Chair of their Rapporteur Group GR-EDS, and of the synopsis of the meeting of 1 March 2002 (GR-EDS(2002)CB4);

2.         having agreed with the content of the letter from the Chair of the Committee of Ministers to the Presidency of Bosnia and Herzegovina, as it appears in GR-EDS(2002)13-rev2, invited the Chair to send this letter to the competent authorities;

3.         adopted the following decisions concerning the monitoring of the commitments of Bosnia and Herzegovina, to be undertaken under the auspices of the GR-EDS, once Bosnia and Herzegovina had joined the Council of Europe:

“i.        entrusted the Rapporteur Group on Democratic Stability (GR-EDS) with the task of regularly reviewing (on a quarterly basis) the honouring of obligations and commitments as undertaken by Bosnia and Herzegovina in the context of its accession to the Council of Europe. This should be done on the basis of relevant information provided by the Secretariat on the progress achieved (and/or difficulties encountered) in the implementation of the co-operation programmes, as well as all other relevant information provided by Bosnia and Herzegovina authorities, the Office of the High Representative (OHR) and other international institutions active in the country;

ii.         on the basis of the conclusions of this regular review (and at any other moment, in case of urgency), targeted visits to Bosnia and Herzegovina, by representatives (or a group of representatives) of the Committee of Ministers at Deputies level could be carried out; these visits would be complemented by information and assistance missions of the Secretariat;

iii.        welcomed the participation of the Secretariat of the Parliamentary Assembly in all meetings of GR-EDS and declared their willingness to organise, at regular intervals, exchanges of views with the Chair and/or Rapporteurs of the Parliamentary Assembly Monitoring Committee. They expressed the wish that similar arrangements could be found with the Parliamentary Assembly for securing a regular exchange of information on the emerging results of their respective monitoring activities on Bosnia and Herzegovina;

4.         invited the Secretariat to contact the authorities of Bosnia and Herzegovina to finalise the draft post-accession co-operation programme;

[…].”

(v)        Ministers' Deputies decision of 29 May 2002

797th meeting – 29 May 2002

Item 2.1a

Current political questions

a. Activities for the development and consolidation of democratic stability

(GR-EDS(2002)CB7, GR-EDS(2002)24-rev and 25)

“Decisions

The Deputies

[…]

Bosnia and Herzegovina:

2.         agreed with the Secretary General’s proposals concerning the arrangements for implementing the procedure for the monitoring of commitments by Bosnia and Herzegovina as set out in document GR-EDS(2002)24-rev, and took note of the first Secretariat information and assistance visit scheduled for July 2002;

[…].”

(vi)       Extract from document GR-EDS(2002)24-rev, of 5 June 2002

[…]

“1.       0n 6 March 2002 (786th meeting, item 2.1.a) the Ministers’ Deputies adopted the following decision concerning the monitoring of the commitments of Bosnia and Herzegovina, to be undertaken under the auspices of the GR-EDS, once Bosnia and Herzegovina had joined the Council of Europe:

“i.        entrusted the Rapporteur Group on Democratic Stability (GR-EDS) with the task of regularly reviewing (on a quarterly basis) the honouring of obligations and commitments as undertaken by Bosnia and Herzegovina in the context of its accession to the Council of Europe. This should be done on the basis of relevant information provided by the Secretariat on the progress achieved (and/or difficulties encountered) in the implementation of the co-operation programmes, as well as all other relevant information provided by Bosnia and Herzegovina authorities, the Office of the High Representative (OHR) and other international institutions active in the country.

ii.         on the basis of the conclusions of this regular review (and at any other moment, in case of urgency), targeted visits to Bosnia and Herzegovina, by representatives (or a group of representatives) of the Committee of Ministers at Deputies level could be carried out; these visits would be complemented by information and assistance missions of the Secretariat;”

2.         The following measures are foreseen to implement decision i.:

i.          Every 3 months, the Directorate of Strategic Planning in close consultation with the Sarajevo Secretariat Office and all Directorates General concerned, will present to the GR-EDS a progress report on the honouring of commitments by Bosnia and Herzegovina, as well as the development of co-operation programmes, including proposals, if need be, for readjustment of these programmes (similar to those prepared after assistance and information missions to Ukraine, Georgia and Moldova). The report will be issued as a SG/Inf document at least one week before the relevant GR-EDS meeting. The report would follow the structure reproduced in Appendix to this note.

ii.         The first report will be drawn after a first information and assistance mission to Bosnia and Herzegovina (with the participation of all Directorates General concerned) which would allow the Secretariat to provide a stock-taking of the situation and establish good contacts with local and international interlocutors. The time-table of this mission should be decided after consultation with the Assembly (first week of July 2002). The first report could be discussed at a GR-EDS meeting on Bosnia and Herzegovina’s monitoring mid-July or beginning of September2002, i.e. approx. 3 months after accession (in compliance with Committee of Ministers decision and thus leaving Bosnia and Herzegovina some time after accession to mark possibly progress on some issue).

iii.        Subsequent reports will be based on information provided by different sources, including those mentioned in the Committee of Ministers decision (Bosnia and Herzegovina authorities, OHR etc.), the PACE, as well as reports by the Secretariat on implementation of individual co-operation activities. The Council of Europe Office in Sarajevo will have an important role in the collection of information. Additional secretariat missions could be organised when necessary.

iv.        Discussions at the GR-EDS would be primarily based on the Secretariat reports. GR-EDS could subsequently identify issues requiring priority treatment. When necessary, a targeted visit by representatives or a group of representatives of the Committee of Ministers could take place, as envisaged in the Committee of Ministers decision ii.

v.         Representatives of Bosnia and Herzegovina authorities and/or of international organisations could regularly be invited to introduce discussions at the GR-EDS (e.g. High Representative Petritsch and/or Mr Klein could be invited before they leave office).

3.         As regards exchange of information with the Parliamentary Assembly and its Monitoring Committee (786th meeting, item 2.1.a decision iii), this question should be considered in the context of the present discussions within the Committee of Ministers concerning the follow up to the recent discussions between the Chairman of the Committee of Ministers, the Chairman of GR-EDS and the Chairman of the Assembly’s Monitoring Committee on 25 April 2002.” […]

II.        RELEVANT TEXT OF THE PARLIAMENTARY ASSEMBLY

Opinion No. 234 (2002)[1]  

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

1.         The Parliament of Bosnia and Herzegovina applied for Special Guest status with the Parliamentary Assembly on 5 May 1992 which it was grantedon 28 January 1994. Since then, its Special Guest delegation has taken 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 on12 and 13 January 1999, the Committee of Ministers asked the Parliamentary Assembly to give an opinion on this application, in accordance with Statutory Resolution (51) 30.

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 on Human Rights (ECHR) and its protocols, which are directly applicable in Bosnia and Herzegovina.

4.         The Assembly stresses, however, that the state institutions should be strengthened at the expense of the institutions at Entity level, if need be by a revision of the constitution.

5.         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.

6.         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 and 14 September 1997, the elections to the National Assembly of the Republika Srpska on 22 and 23 November 1997, the general elections on 12 and 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.

7.         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.

8.         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.

9.         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 respected and that the central institutions at state level – the Parliamentary Assembly, the Council of Ministers and the presidency – have been fully constituted.

10.       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.

11.       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 freedom of movement.

12.       The Assembly considers education to be one of the most critical factors both for establishing democratic stability in Bosnia and Herzegovina and for bringing about the return of refugees and displaced persons. It is pleased to note that some progress has been made in this sector, in particular through the agreement of the ministers to remove offensive terms from school textbooks, to design jointly syllabuses for the teaching of so-called “national” subjects, to replace civil defence lessons by education for democratic citizenship and in human rights and to set up a conference of education ministers. The Assembly insists that it is essential to refrain from any remark in children’s education, especially in schoolbooks, which reinforces hatred or mistrust.

13.       The Assembly considers that Bosnia and Herzegovina recognises the principle of the rule of law and guarantees the respect for 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 conformwith the principles and standards of the Council of Europe.

14.       The Assembly believes that the specific co-peration and assistance programmes currently in place to assist Bosnia and Herzegovina in complying withits obligations and commitments must remain in place after Bosnia and Herzegovina’s accession to the Council of Europe.

15.       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 the Former Yugoslavia and to actively assist it by handing over to the tribunal persons accused of war crimes, crimes against humanity and 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 on Human Rights and its Protocols Nos. 1, 4, 6, 7 and 12;

b. to ratify as soon as possible and not later than within one year the ECHR and its Protocols Nos. 1, 4, 6, 7 and 12;

c. to examine continuously the 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 of the Council of Europe 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 Council of Europe’s European Outline Convention on Transfrontier Co-operation between Territorial Communities and Authorities and its protocols, the European Convention on Extradition, the European Convention on Mutual Assistance in Criminal Matters, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, and the Convention 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 to endeavour to implement a policy in accordance with the principles it contains immediately;

k. to sign and ratify, within two years after its accession, the following conventions:

– the European Convention on the Suppression of Terrorism;

– the European Convention on the Transfer of Proceedings in Criminal Matters;

– the European Convention on the Compensation of Victims of Violent Crimes;

and, within three years after its accession:

– the European Convention on Cybercrime;

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 review within one year, with the assistance of the European Commission for Democracy through Law (Venice Commission), the electoral legislation in the light of Council of Europe standards, and to revise it where necessary;

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

d. to adopt and implement the following laws in conformity with Council of Europe standards, within two years after its accession:

– the Law on Immigration and Asylum (Bosnia and Herzegovina);

– the Law on Recognition of Public Documents (Bosnia and Herzegovina);

– the Law on Associations and Foundations (Bosnia and Herzegovina, Entities);

– the Law on Citizenship (Federation of Bosnia and Herzegovina);

– the Criminal Code and Criminal Procedure Code (Bosnia and Herzegovina, Entities);

– the Law on Schools (Bosnia and Herzegovina, Entities);

e. to adopt and to implement fully in conformity with Council of Europe standards, within two years after its accession, the Law on the Civil Service in the Governmental Institutions of Bosnia and Herzegovina, already adopted by the Council of Ministers of Bosnia and Herzegovina;

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 600 000 convertible marks 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 include the present ombudsmen institutions at Entities level;

d. to ensure the full implementation of the property laws and, in particular, to abide fully by the decisions of the CRPC;

e. to continue restructuring human rights protection mechanisms in accordance with the recommendations of the Venice Commission, including the merger of the Constitutional Court and the Chamber of Human Rights, 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 Federation of Bosnia and Herzegovina Law on Ombudsmen 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 judges and prosecutors presently in office, 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 three 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 freedom of expression and the independence of journalists;

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 increaseefforts 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 armed forces on the basis of common defence policy;

b. to restructure the armed forces in Bosnia and Herzegovina aiming at compatibility with international standards and procedures, in particular with regard to the principles of democratic control of defence forces and transparency in defence planning and budgeting processes.

16.       The Assembly further wishes to see Bosnia and Herzegovina undertake to sign and ratify, within two years of accession, the joint Council of Europe and Unesco Convention on the Recognition of Qualifications concerning Higher Education in the European Region.

17.       The Assembly is aware that some of the above commitments are within the fields of competence of the Entities (the Federation of Bosnia and Herzegovina and the 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.

18.       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)”.

19.       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.

20.       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.

21.       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.

III.       List of commitments 

(i)    Classification of specific commitments by theme

The detailed list of commitments and obligations – provided below -  is subdivided into six themes in order to simplify  its consultation. These themes are: parliamentary democracy, human rights matters,  constitutional and legislative changes, the Dayton/Paris Peace Agreements and the International Criminal Tribunal for the Former Yugoslavia (ICTY), Education and all other commitments which cannot easily be classified under the other rubrics. It is largely based on a subdivision established by the former Secretary General’s Monitoring Unit, back in 1999 (see doc. Monitor/Inf (99)1).

A.        Parliamentary democracy

1.         Elections

2.         Separation of powers and the rule of law

3.         Media freedoms

4.         Local democracy

B.         Human rights and other major human rights conventions

1.         ECHR (and additional protocols thereto); protected rights by the aforementioned instruments

-           Signature and ratification of the ECHR and its additional protocols

-           Rights protected by the ECHR and guarantees thereof

2.         ECPT (and conditions of detention)

3.         Minorities

4.         ESC 

5.         Refugees and IDPs

6.         Human rights Protection Mechanisms

C.         Constitution and legislation

1.         Constitution

2.         Legislation

D.        Dayton/Paris Peace Agreements and  the International Criminal Tribunal for the Former Yugoslavia (ICTY)

           

1.         Dayton/Paris Peace Agreements

            2.         ICTY

E.      Education

F.         Others

1.         CoE General Agreement on Privileges and Immunities (and additional protocols thereto)

2.         Politics (commitments, interpretation thereof / considerations of a more general nature not classified under any other rubric)

3.         Other CoE Conventions

4.         Co-operation with respect to CoE monitoring procedures

(ii)   List of commitments undertaken upon accession

The commitments are classified under six headings (as indicated above), incorporating information from Assembly Opinions No. 234 (2002) of 22 January 2002, the letter of the Chair of the Committee of Ministers to the Presidency of Bosnia and Herzegovina of 13 March 2002 and Committee of Ministers Resolution No (2002)5 of 20 March 2002. Deadlines for honouring specific commitments are indicated in the third column.

The fourth column shows which of the conventions that Bosnia and Herzegovina  undertook to sign and/or ratify has in fact been signed and/or ratified. That said, the fourth column does not indicate the extent to which ratification has ensured effective implementation of norms provided in the legal instruments concerned.

This list concerns commitments undertaken upon accession to the Council of Europe vis-à-vis the Committee of Ministers and the Parliamentary Assembly. It does not cover other (express or implied) commitments and obligations arising from membership of the Organisation as such (including the supervisory machinery of the ECHR and other key legal instruments and principles inherent in membership)[2]. Similarly, the list does not take into account other (related) monitoring procedures such as that of the Congress of Local and Regional Authorities of Europe, the Committee of Ministers own monitoring procedures[3] or procedures instituted by the Parliamentary Assembly's Monitoring Committee independently of  (or in liaison with) specific commitments undertaken upon accession to the Council of Europe[4].

In the chart below, the following abbreviations/signs are used:

a:                     Accession

Art.:                Article

CM:                 Committee of Ministers of the Council of Europe

CoE:                Council of Europe

e.i.f.:                entry into force of convention with respect to State concerned

ECHR:                        European Convention on Human Rights, 04.11.1950 (ETS No. 5)

ECPT:             European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 26.11.1987 (ETS No. 126)

ECRML:    European Charter for Regional or Minority Languages, 05.11.1992 (ETS No. 148)

ESC:                European Social Charter, 18.10.1961 (ETS No. 35)

ESLSG:           European Charter of Local Self-Government, 15.10.1985 (ETS No. 122)

FCPNM:         Framework Convention for the Protection of National Minorities, 01.02.1995 (ETS No. 157)

GAPI:             General Agreement on Privileges and Immunities of the Council of Europe, 02.09.1949 (ETS No. 2)

ICTY:         International Criminal Tribunal for the Former Yugoslavia

PA : Parliamentary Assembly of the Council of Europe

Prot.:               Protocol

r:                     ratification

s:                      signature

® … :             until

…®  :             as from

List of commitments undertaken by Bosnia and Herzegovina  upon accession to the Council of Europe

MEMBER STATE (since)	SPECIFIC COMMITMENTS	TIME GIVEN	PRESENT SITUATION WITH RESPECT TO CONVENTIONS
BOSNIA AND HERZEGOVINA (24.04.2002)	See PA Opinion No. 234 (2002) of 22 January 2002, letter of the Chair of the CM to the Presidency of BIH of 13 March 2002 and CM Resolution (2002)5 of 20 March 2002
A. Parliamentary democracy …/…
1. Elections	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iv. […]: b. to review, with the assistance of the European Commission for Democracy through Law (Venice Commission), the electoral legislation in the light of Council of Europe standards, and to revise it where necessary; CM letter dated 13 March 2002: timely preparation of the October 2002 general elections	§15.iv.b.: "within one year" (24.4.2003)
2. Separation of powers and the rule of law 2. Separation of powers and the rule of law (continued)	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments: […]v.[…] 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 judges and prosecutors presently in office, 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; 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 fforts to combat corruption within the judicial and prosecution system and the police, as well as in the administration;
3. Media freedoms	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] v. […]: l. to continue reforms in the field of the media, in order to guarantee freedom of expression and the independence of journalists;
4. Local democracy	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iii. […]: h. to sign and ratify […] the ECLSG; i.          [a] to sign and ratify [ ….] the European Outline Convention on             Transfrontier Co-operation and the protocols thereto […] [b] to apply their fundamental principles;	§15.iii.h.: “within two years of accession" (24.4.2004) §15.iii.i.: “within two years of accession" (24.4.2004) "in the meantime"	§15.iii.h: s and r.: 12.07.2002, e.i.f.: 1.11.2002
B. Human rights 1. ECHR	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iii. […]: a. to sign the European Convention on Human Rights and its Protocols Nos. 1, 4, 6, 7 and 12; b. to ratify the ECHR and its Protocols Nos. 1, 4, 6, 7 and 12; c. to examine the compatibility of all legislation with the ECHR; CM Resolution “The CM […] [has] taken note of the intention of Bosnia and Herzegovina  to sign ECHR […] [and expects] that this instrument will be ratified […]”	§15 iii.a.: “when it becomes a member" (24.4.2002) §15 iii.b.: “as soon as possible and not later than within one year " (24.4 2003) §15.iii.c: "continuously" CM Resolution: same time limits given by PA	§15 iii.a/b/CM Resolution ECHR: s: 24.04.2002; r: 12.07.2002 Prot. 1, 4, 6 and 7: s: 24.04.2002; r: 12.07.2002 ECHR, Prot. 1 and 4: e.i.f: 12.07.2002 Prot. 6: e.i.f: 01.08.2002 Prot. 7: e.i.f: 01.10.2002 Prot. 12: s: 24.04.2002 [deposit of the instruments of ratification expected shortly, following the recent authorisation of the State Parliament to do so]
2. ECPT	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iii. […]: d. to sign and ratify […] the ECPT and its protocols	§15.iii.d.: “within a year after its accession” (24.4.2003)	§15.iii.d.: ECPT: s: 12.07.2002; r: 12.07.2002 e.i.f: 01.11.2002
3. Minorities	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iii. […]: g. to sign and ratify […] the ECRML	§15.iii.g.: “within two years after its accession” (24.4.2003)
4. ESC	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iii. […]: j.          [a] to sign the Council of Europe’s Social Charter; [b] to ratify the Council of Europe’s Social Charter […] [c] to endeavour to implement a policy in accordance with the principles it contains”	§15.iii.j.[a]:  “within two years after its accession” (24.4.2004) §15.iii.j.[b]: "as soon as possible"  §15.iii.j.[c]: “immediately”
5. Refugees and IDPs	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments: […]iii.[…] f. to sign and ratify the Geneva Convention relating to the Status of Refugees and its 1967 Protocol; […] v. […] i. to take all necessary measures for the expedient and safe return of refugees and displaced persons and to create conditions for sustainable returns; CM letter dated 13 March 2002 […] “the expedient and safe return of refugees and displaced persons, as well as the creation of conditions for sustainable returns, is of utmost importance. The legislative changes that Bosnia and Herzegovina has committed to undertake will greatly contribute to this objective”.	§15.iii.f.: " within one year after its accession" (24.4.2003)	Already in force (published in the Official Gazette No 25/93)
6. Human rights protection mechanisms	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments: […] v. […] 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 600 000 convertible marks 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 include the present ombudsmen institutions at Entities level; e. to continue restructuring human rights protection mechanisms in accordance with the recommendations of the Venice Commission, including the merger of the Constitutional Court and the Chamber of Human Rights, 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 Federation of Bosnia and Herzegovina Law on Ombudsmen drafted by the Venice Commission;
C. Constitution and legislation 1. Constitution	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iv. […]: a. to adopt and to implement the 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; CM letter dated 13 March 2002 […] “The CM expects that the Constitutional Court’s decision concerning full respect of the equality of rights of the three constituent peoples on the entire territory of Bosnia and Herzegovina will be fully implemented by the authorities of the Entities. The expertise of the Venice commission is available in this respect”.	§15.iv.a.: “within one year after its accession” (24.4.2003)
2. Legislation 2. Legislation (continued)	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iv. […]: c. to adopt, if it has not yet done so, the laws which have been temporarily imposed by the High Representative; d. to adopt and implement the following laws in conformity with Council of Europe standards:             [a] the Law on Immigration and Asylum (Bosnia and             Herzegovina);             [b] the Law on Recognition of Public Documents (Bosnia and             Herzegovina);             [c] the Law on Associations and Foundations (Bosnia and             Herzegovina, Entities);             [d] the Law on Citizenship (Federation of Bosnia and             Herzegovina);             [e] the Criminal Code and Criminal Procedure Code (Bosnia             and Herzegovina, Entities);             e. to adopt and to implement fully in conformity with Council of Europe standards, the Law on the Civil Service in the Governmental Institutions of Bosnia and Herzegovina, already adopted by the Council of Ministers of Bosnia and Herzegovina; […] v. […] d. to ensure the full implementation of the property laws and, in particular, to abide fully by the decisions of the CRPC; j. to adopt laws on conscientious objection and alternative service; p. to adopt and to implement a revised law on internal affairs in both Entities;	§15 iv.c.: “within six months  after its accession” (24.10.2002) §15.iv.d [a-e]: "“within two years after its accession” (24.4.2004) §15 iv.e.: "within two years after its accession" (24.4.2004) §15.v.j.: "within three years after its accession" (24.4.2005)
D. Dayton/Paris Peace Agreements; ICTY	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments: […] i. to cooperate fully and effectively in the implementation of the Dayton Peace Agreements, which notably require the settlement of internal and international disputes by peaceful means; CM letter dated 13 March 2002 […] “to fully implement the Dayton/Paris peace agreements as a basis for the further development of the state-building process and for opening the way towards future constitutional arrangements based on the will of the country’s constituent peoples”. *    * * Opinion § 15: “The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments: […] ii. to co-operate with the International Criminal Tribunal for the Former Yugoslavia and to actively assist it by handing over to the tribunal persons accused of war crimes, crimes against humanity and genocide without delay and with the active co-operation of both Entities; CM letter dated 13 March 2002 […] “to co-operate fully and effectively with the International Criminal Tribunal for the former Yugoslavia and to comply with the Tribunal’s requests and orders to hand over to it, without delay, all persons accused of war crimes, crimes against humanity and crimees of genocide”.
E. Education	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] v. […]: k. to maintain and continue reform in the field of education and to eliminate all aspects of segregation and discrimination based upon ethnic origins; […] iv. […] d. to adopt and implement […] in conformity with Council of Europe standards […]: [f] the Law on Schools (Bosnia and Herzegovina, Entities); Opinion § 16: "The PA further wishes to see Bosnia and Herzegovina undertake to sign and ratify the joint Council of Europe and Unesco Convention on the Recognition of Qualifications concerning Higher Education in the European Region.”	§15.iv.d [f]: "within two years after its accession” (24.4.2004) §16.: "within two years of accession" (24.4.2004)
F. Others 1. GAPI	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iii. […]: e. to sign and ratify the General Agreement on Privileges and Immunities of the Council of Europe and its protocols;	§15.iii.e.: " within one year after its accession" (24.4.2003)	[neither signed nor ratified]
2. Politics	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments: […] […] vii. […]: a. to strengthen co-operation between armed forces on the basis of common defence policy; b. to restructure the armed forces in Bosnia and Herzegovina aiming at compatibility with international standards and procedures, in particular with regard to the principles of democratic control of defence forces and transparency in defence planning and budgeting processes.
3. Other CoE conventions	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […] iii. […]: i. to sign and ratify […] the CoE conventions [a] on extradition, [b] on mutual assistance in criminal matters […] [c] on laundering, search, seizure and confiscation of the proceeds from crime, [d] on the transfer of sentenced persons [e] and […] to apply their fundamental principles;	§15.iii.i..[a-d]: “within two years after its accession” (24.4.2004) §15.iii.i[e]: “in the meantime”
3. Other CoE conventions (continued)	k. to sign and ratify the following CoE conventions:             [a] on the suppression of terrorism;             [b] on the transfer of proceedings in criminal matters;             [c] on the compensation of victims of violent crimes;                         [d] on cybercrime;	§5.iii.k [a-c].: "within two years after its accession" (24.4.2004) §15.iii.k.[d]: "within three years after its accession" (24.4.2005)	[a] s: 17.03.2003;
4. Monitoring	Opinion § 15: "The PA notes that  Bosnia and Herzegovina undertakes to honour the following commitments […]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);" CM letter dated 13 March 2002 […] “The Committee of Ministers notes the willingness of Bosnia and Herzegovina to fully co-operate in the Monitoring procedures set up by both organs of the Council of Europe.