Hon. Alcee L. Hastings, Chairman
Hon. Benjamin L. Cardin, Co-Chairman
December 7, 2007
OSCE MISSION TO BOSNIA AND HERZEGOVINA CONTINUES TO PLAY A CONSTRUCTIVE ROLE
By Janice Helwig, Staff Advisor
Helsinki Commission staff recently visited the OSCE Mission Bosnia and Herzegovina to see how its work has adjusted to the evolving situation in the country.
Mission Mandate: Activities and Priorities
The mandate of the Mission to Bosnia and Herzegovina was established by the December 1995 OSCE Ministerial Council in Budapest in response to taskings given to the OSCE by the Dayton Peace Agreement. It focused on elections, human rights monitoring, and facilitating the monitoring of arms control and confidence- and security-building arrangements. In 1996, the Permanent Council expanded the mandate to include democracy building. Although the mandate has not formally changed since 1996, the focus and work of the OSCE Mission has adapted with the changing situation in the country, and the Mission continues to play an active and effective role in the post-conflict rehabilitation of the country.
The Mission’s work on elections, security and confidence building measures, and sub-regional arms control is largely finished. The conduct of elections has been turned over to Bosnian authorities, and most of the work under Dayton Annex 1b, Articles II and IV, has been completed.
While some activities have decreased, work on human rights monitoring and education has increased. As refugees have returned and as war crimes trials have begun throughout the country, the Mission has established programs to monitor potential discrimination against returnees in economic and social rights, and is monitoring war crimes trials at all levels. The Mission’s work to promote desegregated education and to foster good governance at the local level is bearing fruit. Some schools have been unified; others now hold joint activities and classes. Many municipal governments are working on a five-module good governance training program.
One of the OSCE Mission’s advantages continues to be its presence throughout the country. The mission currently consists of the headquarters office in Sarajevo, three regional centers (RC), and 20 field offices (FO). The Mission’s field offices are one of its key advantages over others organizations. The relationships built with local authorities and communities are the basis for OSCE’s effectiveness and often used by other organizations and Embassies not resident throughout the country.
The Mission currently focuses its work through four Departments: Democratization, Education, Human Rights, and Security Cooperation. Each Department conducts several programs, which are standardized and implemented throughout the country by staff of the field offices.
The work of the Democratization Department focuses on developing efficient and transparent government institutions, building parliamentary capacity, and supporting civil society. A major component is UGOVOR, a country-wide local government project launched in March 2005. As other international organizations are becoming more involved with public administration reform, the Mission is shifting to building ties among municipal governments and developing civil society. In addition, the Mission works in small municipalities where other international organizations are not.
• OGOVOR is a five-module training program to improve regulatory elements of municipal governance and promote greater transparency and accountability. The five modules are: access to information; ethics for elected officials; participatory strategic planning; harmonization of municipal statutes; and partnership between civil society and municipal governments.
In July 2002, at the request of the Office of the High Representative and with the concurrence of the Peace Implementation Council (PIC), the OSCE Mission assumed responsibility for coordination of the work of the international community on education. The first aim was to ensure that textbooks and classes were non-political, non-divisive, and free from derogatory propaganda concerning other ethnic and religious groups. New textbooks are being distributed this year, and most lessons are now free from intolerant bias. Nevertheless, most schools in Bosnia remain divided – they are either two schools under one roof, divided by ethnicity, or one-ethnicity schools. Parents, particularly returnees, generally support segregation, and authorities argue that classes must be separated into the three languages of the country, each of which also has its own curriculum for history and geography. Such segregation fosters children’s perception that they should not mix with individuals from the other groups and does little to promote reconciliation. Moreover, politicians – particularly at the local level – sometimes use education to build nationalist credentials in the hopes of gaining votes.
• The Mission is working to desegregate schools as much as possible. Some schools have been integrated – such as the Mostar Gymnasium which began unified classes in the fall of 2006 – and others have begun holding joint classes on certain subjects such as computer technology.
• One focus is building civil society input to school reform through the creation of and support for parent and student councils, as well as teachers’ forums. The Mission recently published a manual for student councils in secondary schools.
• The OSCE also works with municipal, entity, and State authorities on education reform, including legislative and curriculum reform.
Human Rights Programs
Until recently, the Mission’s human rights work had focused on property rights and restitution, in line with the need at that time to follow cases as refugees and IDPs return to reclaim their property. As returnees have settled in, the Mission has turned to monitoring potential discrimination against returnees and other vulnerable groups by local authorities. The Mission has also been monitoring trials since the introduction of a new legal system three years ago; this work is increasing as the number of war crimes trials increases in Bosnian courts.
• The Mission monitors how local authorities provide basic economic and social support – such as health care, housing, and pensions - to vulnerable groups, including returnees, Roma, and disabled persons, in order to address any patterns of discrimination that emerge.
• Trial monitoring is aimed at ensuring fair trials, particularly war crimes trials, and at identifying shortcomings in the Bosnian judicial system and resolving them.
• There is a special unit which monitors 11bis trials transferred by the ICTY to Bosnian courts.
• The Mission also does significant work with Roma communities. For example, in one municipality alone, the OSCE has raised the number of Roma children in school from 8 to almost 90.
Security Cooperation Programs
Programs under the Security Cooperation Department originally focused on implementation of Dayton Peace Agreement Annex 1b, Articles II and IV. Work on Article II was completed in 2004 with the signing of the Agreement on the Termination of Article II on 28 September. Although some work continues under Article IV, military reform and troop reductions have resulted in significantly fewer inspections. UNDP has taken the lead in reducing small arms and light weapons (SALW. Currently, the work of the Department focuses on institution building and parliamentary capacity-building.
• The Department recently completed a pilot training course for various levels of government officials on the government’s new security policy concept.
• The Department also conducts training on the OSCE Code of Conduct on Political-Military Aspects of Security.
• The parliamentary capacity building program began in 2002 and works with defense and intelligence committees. It organizes trainings, visits to other countries, and strengthening of oversight capabilities.
Bosnia and Herzegovina
Confidence and Security Building Measures
Military Aspects of Security