Strasbourg, 13 February 1997 Restricted
CM(97)15 Revised
For the GREL meeting
on 14 February 1997
COUNCIL OF EUROPE ACTION IN BOSNIA AND HERZEGOVINA
PRIORITY AREAS Selection of Activities calling for urgent implementation
I. Human rights
1. Deepening of the knowledge of human rights standards (in particular the ECHR) and practice for the following categories: decision-makers, judges, lawyers, law-enforcement agents, etc.
Working methods: training sessions, seminars, round-tables, study visits as well as provision of relevant documentation, including materials in translation (possible use of the Centre of Human Rights of the University of Sarajevo currently being established with Council of Europe financial and other assistance).
The training activities in Bosnia and Herzegovina will be implemented mainly with the help of the recently established Human Rights Centre at the University of Sarajevo (partly financed by a voluntary contribution from Austria).
Workshops will be organised on a decentralised basis covering the whole territory of Bosnia and Herzegovina. They should address various target groups, particularly local authorities, judges, lawyers, etc... Where possible they should be held in co-operation with other international organisations active at the local level (ex. human rights workshop to be held in Bjelina in co-operation with UNHCR).
[PM: Support could also be envisaged in the future for the series of weekly Human Rights Education workshops, with three-monthly review sessions, in different parts of the country run by the Helsinki Committee for Human Rights, which is also partly funded out of the Austrian voluntary contribution].
Study visits will be arranged by the Council of Europe Secretariat, allowing the beneficiaries to get acquainted with workings of the Council's Human Rights bodies.
A Basic Human Rights Library provided by the Council of Europe has already been given to the Sarajevo Human Rights Centre. Additional libraries will be given to other Universities in Bosnia and Herzegovina. See also Item I.4 below concerning the training of human rights monitors.
Translation of relevant Human Rights texts have already been done and distributed to interested circles. Additional texts will be required for translation and distribution.
5 training workshops and seminars 300.000
10 study visits 120.000
2 additional human rights libraries 200.000
Translations and publications 100.000
Total 720.000
2. Harmonising of legislation with European human rights standards (detailed examination of conformity of domestic legislation and practice with the provisions of the ECHR, its protocols and case-law by national legal experts in consultation with experts provided by the Council of Europe, in preparation for ratification of the Convention).
Working methods: compatibility exercise, legislative assistance.
One of the principal activities for an applicant member State in the human rights field is co-operation in examining the conformity of domestic law and its implementation with the requirements of the European Convention on Human Rights, its Protocols and the case-law developed thereunder. In preparing ratification of the Convention, beneficiary countries are encouraged to establish, at the national level, a small working group of legal experts -- government officials from appropriate ministries as well as legal practitioners -- to examine the compatibility of domestic law with each article of the Convention and those Protocols containing substantive rights. The written analysis produced by this working group is then studied by three or four experts on the Convention from different countries and legal systems -- often including lawyers from member States which themselves only ratified the Convention relatively recently, as well as members or former members of the Convention's control organs. These experts also visit the country concerned to discuss directly with the national working group any inconsistencies they may discern between national provisions and the Convention, and identify any aspects of case-law the significance of which may not have been fully appreciated. Two or three meetings are generally required for this. Study visits for members of the national working group to become more familiar with the Convention's requirements and procedures may also be organised, either to Strasbourg to observe firsthand hearings of the European Court of Human Rights or to a member State to discuss the domestic implementation of human rights guarantees.
The compatibility exercise for Bosnia and Herzegovina will need to include oversight of legislation at the Entity level, although a single working group at State level should be responsible for this process and constitute the Council of Europe's interlocutor.
Experts contracts, consultation meetings, study visits 300.000
3. Support to Human Rights Institutions of Bosnia and Herzegovina: logistic, legal, staff support to, inter alia, the Human Rights Chamber, the Ombudsperson's Office, the Commission for the Real Property Claims of Displaced Persons and Refugees, the Ombudsmen of the Federation of Bosnia and Herzegovina, etc.
Working methods: secondment of staff, training sessions, seminars, study visits for the local staff, provision of appropriate documentation.
Under the Dayton Agreement, the responsibility for expenses of the Human Rights Commission (Office of the Ombudsman and Human Rights Chamber) lies with Bosnia and Herzegovina. Nevertheless the Government of Bosnia and Herzegovina is not in a position to finance these institutions. At the present stage the Council of Europe has assisted the Commission in the following way:
- secondment of Mr Michael Ingledow, Head of the Ombudsperson's Administration
- TRAK programme (replacement of Council of Europe staff of the Secretariat of the Commission of Human Rights who are temporarily seconded to the Office of the Ombudsperson)
- provision of human rights documentation (case law, relevant texts ...)
- training sessions in Strasbourg for local lawyers of the Ombudsperson's office
- study visits to Strasbourg of local members of the Human Rights Chamber
This year activities will focus on training of local lawyers and staff in human rights to enable them to gain insight on the legal practices used and on the providing of necessary documentation. Because of the nature of the human rights complaints which predominate in Bosnia and Herzegovina, workshops and training sessions should address in particular these specific areas, for example property rights, discrimination.
2 training sessions and seminars 120.000
5 study visits 60.000
Meeting in Strasbourg of the international members of the Chamber 60.000
Documentation 40.000
Total 280.000
excluding secondment of staff
4. Training of Human Rights Monitors: to be done in close cooperation with the other international organisations concerned, this training should focus in particular on the European standards as listed in the Appendix to the Constitution of Bosnia and Herzegovina (Annex 4).
Working methods: training sessions, provision of appropriate documentation.
This activity should concentrate on the training of local (Bosnian) associations, such as the various local human rights committees responsible for monitoring human rights violations rather than international monitors. The idea is to enhance their professional skills in reporting, monitoring and channelling human rights violations to the appropriate instances. This has partly already been done through the Bosnian Helsinki Committee (see above 1.). However, a more diversified approach including other human rights associations may be called for.
For international monitors, provision of selected Council of Europe documentation will still be appropriate during the present second phase of training of human rights monitors.
1 training session 100.000
Provision of a basic human rights library (see 1. above)
Total 100.000
5. Promotion of a human rights culture through supporting non-governmental human rights organisations.
Working methods: translation and dissemination of human rights information, round tables, seminars and training sessions.
This kind of support concerns mainly the translation and dissemination of human rights materials, (including audio-visual aids and pro-active CD-Roms) and of information/discussions for the public at large (round-table debates open to popular participation). An important element in these activities is that they should be driven by request from NGOs locally, so as the most appropriate materials/activities for the local circumstances will be supported.
2 seminars 120.000
Documentation 80.000
Total 200.000
6. Support to and strengthening of pluralistic and independent media as well as the establishment of public sector broadcasting.
Working methods: legislative assistance/legal counselling, training sessions and seminars.
It is proposed that the training activities envisaged should be targeted towards law-makers, local authorities and, in particular judges, concerning the application of freedom of expression and opinion - Article 10 of the European Convention on Human Rights - in the context of broadcasting and print media, rather than journalists. See footnote 1
Legal assistance and legal counselling, including for the drafting of media legislation on the basis of Council of Europe standards and experience, will be made available to the authorities at state and entity level, as required, in order to help securing pluralism in the written press and the electronic media, including an impartial and independent public service broadcasting.
Legal counselling 100.000
3 training sessions/seminars 180.000
Total 280.000
Total Human Rights 1.880.000
II. Re-establishment of the rule of law
Constitutional Law
1. Ensuring the compatibility of constitutional and legislative practice of the Entities with the Constitution of Bosnia and Herzegovina; setting up of coherent federal structures, division of competence between central and entity levels.
Working methods: legal counselling (expertise), seminars.
This is an on-going activity carried out in cooperation with the European Commission for Democracy through Law (Venice Commission) and upon the specific request of the Office of the High Representative. It implies continuing consultations with representatives of the Office of the High Representatives and of the federal and cantonal authorities. Expertise will concern, inter alia, principles for the delimitation of departmental boundaries, relations between federal, cantonal and departmental authorities, role of ethnic communities, etc. The need to diffuse the results of the expertise conducted should result in the holding of a seminar in each Entity where the implementation of the complex constitutional construction could be examined with the help of experts.
Expertise 150.000
2 seminars 120.000
Total 270.000
2. Constitutional justice/judicial protection of human rights: operation and distribution of competencies between the Constitutional Court of Bosnia and Herzegovina and the Constitutional Courts of the Entities, including assistance to the effective functioning of judicial human rights protection.
Working methods: legal counselling, seminars, organisation of meetings of members and staff of these Constitutional Courts with other Constitutional Courts in Europe.
This is an on-going activity carried out in cooperation with the Venice Commission and upon the request of the Office of the High Representative. Having regard to the number of judicial and non judicial bodies acting in the field of constitutional law (including human rights) in Bosnia and Herzegovina, the risk of duplication, of conflicting competencies and of contradictory case-law has been signalled. Experts shall identify these problems and suggest concrete solutions. The objectives of the round table are to present the results of the expertise to members of the Constitutional Courts and to establish an informal mutual consultation process among constitutional jurisdictions and other equivalent bodies in order to avoid conflict.
Expertise 100.000
1 Round Table 100.000
Total 200.000
3. Constitutional aspects of property law
Working methods: seminar
During the Conference of Judges from Bosnia and Herzegovina (Tuzla, December 1996) broad consideration was given to questions of property. It was proposed by the Minister of Justice of Bosnia and Herzegovina that the Council of Europe and the OSCE organise a meeting on this problem. This Seminar will help delimiting the respective competencies of international bodies (Annex VII of the Dayton Agreements - Property Claims Commission) and of ordinary courts of the two entities and provide orientations and guidelines for the implementation of property rights guarantees in the Constitutions of Bosnia and Herzegovina and of the Entities. In view of the mandate of the Venice Commission this seminar could be organised under its direction.
1 seminar p.m.
Citizenship and permanent residence
4. Advice on legislation.
Working methods: fact-finding visit by Council of Europe experts, legislative assistance, seminars.
This activity is carried out in cooperation with the Office of the High Representative. The Laws on Citizenship of state and entity levels are part of the "Quick Start Package" recently elaborated by the OHR and now transmitted to the Bosnian government for approval. The Council of Europe experts will be finalising their work on the text in cooperation with the new governmental working group responsible for citizenship matters.
Expertise 100.000
Total 100.000
5. Advice on procedures and administrative structures concerning citizenship and permanent residence.
Working methods: fact-finding visits, legislative assistance, organisational and technical expertise, seminars, study visits.
As a follow-up to the legislative assistance under 4. above, counselling on implementing procedure and corresponding administrative structures will be required. Seminars and study visits will be necessary for the training of those responsible for handling the procedures and administrative structures.
Expertise 100.000
1 seminar 60.000
5 study visits 60.000
Total 220.000
Legal order
6. Criminal Codes (Entity level): creation of task forces with the participation of international experts for the reform of the criminal codes.
Working methods: legal counselling and secondment of experts.
At the specific request of the Minister of Justice of the Federation of Bosnia and Herzegovina, the Council of Europe has agreed to take part in a task force composed of local and foreign experts and entrusted with preparing both the draft Criminal Code and the draft Code of Criminal procedure of the Federation of Bosnia and Herzegovina. Council of Europe experts have been appointed.
Experts contracts 100.000
2 meetings 200.000
Total 300.000
7. Civil law and procedure (Entity level), with special attention to property issues and the execution of judgements.
Working methods: legal counselling and secondment of experts.
Bosnia and Herzegovina is at the present stage facing major problems in the field of civil law, concerning namely the restitution of, and compensation for lost property. Courts are active in that matter, but their decisions are seldom enforced. The Council of Europe will assist in the development of the necessary provisions at the level of the civil code and the code of procedure and in their implementation, particularly the execution of judgements, by offering legal advice and seconding specialists to local courts.
Experts contracts 100.000
2 meetings 200.000
Total 300.000
8. Expertise on various draft laws.
Working methods: legal counselling and secondment of experts.
The High Representative has now presented his "Quick Start Package" (set of laws enabling the full functioning of Bosnia and Herzegovina institutions) to the Bosnian government for approval. The Council of Europe is ready to respond to requests for legislative expertise coming from the competent Bosnian authorities or from the Office of the High Representative. Among the items referred to by the High Representative and the authorities the question of legal obstacles to the return of refugees and displaced persons, stemming from regulations adopted during the war concerning housing and occupancy, required urgent attention.
Budgetary reserve 200.000
Organisation of the judiciary
9. Support to the reform of the judiciary (Entity level), including access to courts.
Working methods: seminars, workshops, legal counselling.
The expertise should focus on legislative safeguards for the independence of the judiciary, cooperation between courts of the two Entities, rules for territorial competence of the courts and legal aid. The conclusions of the expertise will be discussed with local judges and representatives of the legal community in workshops in both Entities. A seminar will be organised to diffuse the results of the expertise and the conclusions reached at the workshops.
Expertise 100.000
2 seminars 120.000
Total 220.000
10. Training of judges and prosecutors.
Working methods: training sessions, seminars, study visits.
The dialogue initiated within the judicial community of Bosnia and Herzegovina (Judges Conference in Tuzla in co-operation with the OSCE - December 1996) must be continued and enlarged to the whole of the country's judicial community. For this reason, it is considered to holding a second conference of judges from Bosnia and Herzegovina in the spring of 1997 in Banja Luka. Study visits and training sessions should focus on the legal aspects of the judges' role in securing the rule of law and in the enforcement of judicial decisions.
2 training sessions/seminars 200.000
1 judges conference 200.000
10 study visits 120.000
Total 520.000
Law enforcement agents
11. Training of police officers (in particular in the fields of ethics and human rights) in cooperation with International Police Task Force.
Working methods: training sessions, seminars, study visits.
This activity is being carried out at the request of the High Representative and of the United Nations (International Police Task Force). The objective is to provide elements of training in matters of human rights protection and police ethics to police officers, enabling them to take in turn responsibility in the teaching of police staff.
A first training session for police chiefs of Zenica/Doboj canton will take place on 17 February. The Council of Europe, the regional OSCE office and IPTF will participate.
2 training sessions/seminars 200.000
10 study visits 120.000
Total 320.000
Total re-establishment of the rule of law 2.650.000
III. Local Democracy
1. Assistance in the preparation and observation of municipal elections.
Working methods: training seminars for candidates of the various parties and activities linked to the organisation and observation of elections.
This activity is to be carried out in cooperation with the OSCE, main institution responsible for the elections. It will be implemented with the help of the Office of the Council of Europe and local democracy embassies in Tuzla, Sarajevo and Zavidovici, and their extensions in Zenica and Orajse. Round tables for all candidates will be organised. It is also planned to have training sessions for candidates with the assistance of CLRAE experts. Those seminars will be attended by experts from other European countries and representatives of civil society, thereby providing a multicultural basis for discussion between the different party leaders.
2 seminars 200.000
Observation of elections 300.000
Total 500.000
[plus voluntary contributions]
2. Legal counselling on the legal framework for the functioning of cantons and municipalities.
Working methods: expertise, information seminars.
An expert will draft a preliminary report on the structures of local and cantonal self-government, which will be used as the basis for a more detailed expertise. The expertise will be implemented in co-operation with other international organisations involved in the framing of legislations See footnote 2 .
Expertise 70.000
2 information seminars 120.000
Total 190.000
3. Training of local and cantonal staff in administrative questions and in the field of local finances.
Working methods: information seminars and workshops, study visits.
This activity concerns the training of newly elected representatives through information seminars, workshops and study visits, including the involvement, in a second stage, of local and cantonal staff, LDE partner cities and regions as well as the association of towns. Co-operation between the local and the cantonal authorities will be emphasised, as well as co-operation mechanisms to be established within the municipal councils. These seminars will also provide an extensive information on the European Charter of Local Self-Government.
2 information seminars/workshops 120.000
5 study visits 60.000
Total 180.000
4. Organisation of a partnership between European local and regional authorities with Bosnian municipalities and cantons for the reconstruction of local infrastructures.
Working methods: establishing contacts and partnerships between donating local and regional authorities and some registered towns in need.
This programme has been launched by the Congress of Local and Regional Authorities. Local Democracy Embassies in particular will promote inter-municipal and interregional co-operation for the reconstruction of local and regional public services.
p.m.
5. Local Democracy Embassies
They are the result of a partnership between a municipality in Bosnia and Herzegovina and several other European municipalities with a view to encouraging, developing or preserving democratic processes by establishing intra and inter-municipal confidence-building measures.
Working methods: general awareness activities on human rights and minority rights (so called "schools of civil society"), support to local independent media, cultural and micro-economic exchanges, etc...
Two local democracy embassies have been operating in Bosnia and Herzegovina for over a year: one in Tuzla (project leader: the City of Bologna) and one in Sarajevo (project leader: the City of Barcelona). A new LDE has been set up in Zavidovici (project leader: Association for the LDE - Cremona/Brescia/Alba), near the Croatian enclave of Zepce, and should soon be operational. Preliminary contacts have been taken in Mostar to set up, if possible, a new LDE with potential partners (Maribor, Brussels, Graz, Heidelberg)
The LDE in Tuzla has been able to carry out a substantial number of Council of Europe programmes in the field of media (talk-in shows on topics of local democracy) and confidence-building measures. The Tuzla LDE should also implement those activities in Zenica and Orajse. More recently, the LDE in Sarajevo has shifted its focus more on human rights education projects to be carried out in cooperation with the Council of Europe (opening up of "legal offices" free of charge throughout the country for people seeking legal advice on administrative and other matters), and on youth activities thanks to the "Euroclub" set up in and around Sarajevo.
Support to LDEs will include the funding of workshops and exchange activities in the field of local democracy, interculturality and public services. This activity should involve CLRAE members. It should also contribute to the training of LDE Delegates and their staff, who are to carry out the values of the Council of Europe at local level.
400.000
[plus voluntary contributions]
Total local democracy 1.270.000
IV. Education, Culture and Sports
1. Assistance in establishing an education system that promotes commitment to human rights, the principles of pluralistic democracy and the rule of law.
Working methods: preparation of guidelines for citizenship education; awareness raising activities on human rights for policy-makers, curriculum developers and teachers.
In 1996, the Council of Europe, the United States Information Agency and the Centre for Civic education organised a series of summer courses in civic and human rights education in seven locations in Bosnia and Herzegovina. This training programme was highly welcomed by Bosnian participants who asked the Council of Europe to continue and intensify its efforts in 1997. The proposed activities for 1997 have been approved by the Education Committee and a number of countries Parties to the Cultural Convention have expressed their willingness to make contributions either financial or by seconding experts. Negotiations are under way with the European Commission.
The main partners for the implementation of the project are the Bosnian Ministry of Education and the Cantonal Authorities in education; Ministries of Education of CDCC member states and their embassies in Bosnia and Herzegovina, the network of Bosnian schools, governmental and non governmental organisations active in human rights education and civics.
Programme of co-operation between the Council of Europe, the European
Commission, UNESCO and USIA
Council of Europe contribution 300.000
2. Programme for teachers in higher education .
Working methods: exchanges and study visits; practical training for teachers.
A seminar will be organised with the aim of familiarising academic authorities with the principles governing recognition of diplomas in Europe. This activity is being carried out in close co-operation with UNESCO and in contact with the European Commission and the Association of European Universities, making use of the work done by these bodies on the issue of recognition of diplomas and the bridging between different academic systems.
1 seminar 100.000
3. Cultural policy (at Entity level)
Working methods: seminars, study visits, support to cultural and artistic institutions, etc.
This activity is designed to help establishing a long-lasting regulatory framework for the setting up of cultural activities and to encourage cooperation between all communities through the launching of highly visible "emblematic" programmes designed to raise consciousness of a cultural European identity. It is envisaged to set up exchange programmes and to promote the training of cultural administrators.
2 seminars 200 000
5 study visits 60.000
Total 260.000
4. Cultural heritage
Working methods: technical expertise
This activity is a follow-up to an appeal in aid of the architectural and urban heritage of Bosnia and Herzegovina and Croatia launched at the IVth European Conference of Ministers responsible for the cultural heritage (Helsinki, 30-31 May 1996. It is implemented under the authority of the Council of Europe Cultural Heritage Committee. It aims at establishing tools for the planning and the implementation of the conservation of the architectural and urban heritage. During a first phase (until September 1997) a Concerted Action Programme will be prepared, involving national and international bodies, including the European Union and UNESCO.
expertise 100 000
5. Action Plan for the readaptation through sports of handicapped people and war victims
This Action Plan was agreed to by the Committee for the Development of Sports in March 1996. It aims at offering professional training for sports leaders, providing technical, material and financial assistance to 16 projects, schemes and clubs for adapted sports as well as opportunities for these leaders to develop these skills through the organisation of youth camps. One of these youth camps could be financed with the help of a grant under the present programme in addition to a number of other activities foreseen in the Plan and for which appropriations exist in the Sports Fund for 1997.
Grant towards organising 1 youth camp 70.000
Total Education and Culture 830.000
V. Civil society
Confidence-building measures
1. Within the field of the protection of national minorities, the Confidence-building measures programme is devised to support pilot projects aimed at fostering relations between different communities, through, inter alia, the creation and development of independent media and sponsoring of activities aimed at bringing young people from different ethnic backgrounds together through cultural, educational and sport activities.
Working methods: direct financial support to NGOs projects.
Confidence-building measures budget and voluntary contributions
Support to Non Governmental Organisations
2. Assistance in the establishment and functioning of NGOs, including legal and financial counselling and support in the creation of european-wide NGOs networks.
Working methods: information seminars, training sessions for NGOs representatives, expertise.
Apart from the more traditional form of an information seminar for the intention of NGOs, this activity would aim at assisting in the emerging of NGOs and at promoting NGOs programmes for reconciliation through common action of people from different national groups, for specific purposes or on the basis of global concerns (women, youth, unions, etc...).
Assistance 150.000
1 information seminar 100.000
Total 250.000
Training of young political leaders
3. Within the framework of the Democratic Leadership Programme (DLP) designed to train young politicians to democratic leadership, a series of seminars are devoted to Bosnian politicians.
Working methods: training seminars
This programme has begun last year with a first pilot-seminar designed to train young politicians on specific techniques likely to improve their oratory and political skills. The seminar gathered young politicians from the different communities and can be therefore seen also as a confidence-building measure.
2 seminars 200.000
Youth
4. Support to civil society through reconstruction of the youth NGO sector
Working methods: Study visits, training courses for youth
NGO leaders and civil servants dealing with youth matters,
meetings
This programme aims at promoting dialogue, exchange of information between Bosnian and European NGOs, and the introduction of Bosnian NGOs into existing European youth structures.
4 study visits 40.000
10 training courses 80.000
Total 120.000
Total civil society 570.000
VI. Office of the Council of Europe Secretariat in Bosnia and Herzegovina
Since April 1996 the Secretariat has been represented by Mrs Heike Alefsen, formerly Programme Counsellor in the Directorate of Human Rights. For the time being, the staff consists of an assistant recruited locally, who acts also as an interpreter/secretary. Due to the amount of activities to be implemented in 1997 it is foreseen to reinforce the staff by recruiting another local agent and improve the communications and logistical facilities of the office. The Finnish authorities have proposed to second an official to the Council of Europe, who could assist in the permanent presence of the Secretariat in Sarajevo.
1.200.000
GRAND TOTAL 8.400.000 FrF Footnote: 1
Footnote: 2 Concerning the Federation of Bosnia and Herzegovina, the Federation partners agreed, at the Federation Forum meeting of 3 February 1997, that a draft law on new municipalities will be submitted urgently for legal procedure in the Government and Parliament. The Ministry of Justice has sought the opinion of an Advisory Commission under the auspices of the Council of Europe and under the chairmanship of Mr Jean-Claude Scholsem, member of the Venice Commission, and of the Ministry of regional planning. It is envisaged that part of the meetings of the Advisory Commission will be held in Brussels and that the Commission's secretariat will be secured by the Council of Europe and/or the Office of the High Representative.