FENA 31/08/2004 - BiH soldiers deployed to Iraq without adequate law; remains of victims discovered near Srebrenica and Prijedor

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SA5203: 31.08.2004 09:14

MORNING SERVICE

SESSION OF THE COMMISSION FOR DEFENCE AND SECURITY POLICY

SARAJEVO, August 31 (FENA) – The Joint Commission for Defence and Security Policy and Monitoring of Defence and Security Structures at State level on Tuesday considered the Bill on participation of members of the BiH Armed Forces, state officials and other employees in peacekeeping missions and other activities abroad.

The Acting Chair of the Commission, Bosko Siljegovic, told the press that codifying the final proposal of the said law, which will regulate the matters on participation of BiH Armed Forces in peacekeeping missions abroad, has been postponed for seven days. 

- The Commission has suggested the working group, which comprises representatives of BiH Defence and Security Ministries, to prepare the text of the bill that will also include the matter of participation of police officials in peacekeeping operations, explained Siljegovic, expressing hope that this law would be on the daily agenda of the next session of the BiH House of Representatives, scheduled for September 7.

Deputy Chair of the Commission Sefik Dzaferovic said that today’s meeting also included considering the Bill on the State Border Service (DGS) and the Bill on Monitoring and Controlling State Border Crossings, which was proposed by BiH Council of Ministers. 

The adoption of these laws, he said, is a commitment BiH has taken over within the 16 priority conditions for opening the negotiations on Stabilization and Association with the EU.

According to the Commission Deputy Chair, Branko Zrno, the daily agenda of today’s session also included the Report on occupied posts in the BiH Defence Ministry, which currently functions at the level of 28 percent.

Noting that personnel occupancy in this ministry is a precondition for accessing Euro-Atlantic integration, Zrno expressed hope that the situation in this field would be improved in the next month.

In response to a journalist question on the grounds of which law BiH Presidency has issued the Decision on deploying BiH soldiers to Iraq, i.e. whether they can be deployed to this country without passing the said law, officials of the Commission said that BiH Presidency, in accordance with the Law on Defence BiH, is authorized for making such a decision, and that “it would be logical” to issue a relevant law before enforcing it, which would also treat the matters of organizational and technical nature (the matters of withdrawing from the mission, eventual compensations for damages, etc.).

(Fena) gk       

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FSA5206: 31.08.2004 09:19

MORNING SERVICE

REMAINS OF 20 VICTIMS FROM SREBRENICA DISCOVERED AT MASS GRAVE BLJECEVA

BRATUNAC/SARAJEVO, August 31 (FENA) – The experts for exhumations on Tuesday have discovered the remains of some 20 victims from Srebrenica in the mass grave Bljeceva in Municipality Bratunac. The bodies were not exhumed today because the works are still in progress on opening the grave.

According to the Chief of Tuzla Department of the FBiH Commission on Missing Persons, Murat Hurtic, the grave is over 20 metres deep, and approx. 4 metres wide.

(Fena) gk

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FSA5208: 31.08.2004 09:35

MORNING SERVICE

MIKEREVIC MEETS IFAD DELEGATION

BANJA LUKA, August 31 (FENA) – RS Prime Minister Dragan Mikerevic and Minister of Agriculture, Forestry and Water Economy Rodoljub Trkulja on Tuesday held talks with a delegation of the International Fund for Agricultural Development (IFAD).

The Fund is currently crediting its third project in RS and BiH titled “Development of cattle-breeding and rural financing”.

Director of the IFAD Sector for Near East, North Africa and South-east Europe Abdulmajed Slama informed Prime Minister Mikerevic about the previous projects of IFAD in BiH, and underlined the excellent cooperation this organization has with the RS Ministry of Agriculture, Forestry and Water Economy in implementation of the mentioned ongoing project, was announced by RS Government’s Bureau for Public Relations.

The IFAD delegation also briefed Mikerevic that the Fund, within this project, through the Italian Government, has provided US$ 328.000 for supporting establishment of a network for collecting milk and its products in the area of municipalities Rogatica, Kalinovik, Nevesinje and Berkovici.

Mikerevic underlined the significance of IFAD projects for improving the overall social situation in BiH, and expressed hope that the Fund would continue investing in development of agriculture in RS, which has substantial resources in this field.

(Fena) gk

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FSA5207: 31.08.2004 09:25

MORNING SERVICE

REMAINS OF 56 VICTIMS DISCOVERED IN MASS GRAVE STARI KEVLJANI

PRIJEDOR/SARAJEVO, August 31 (FENA) – The remains of five victims were exhumed on Tuesday from the mass grave Stari Kevljani in Municipality Prijedor, told Fena representative of the FBiH Commission on Missing Persons Jasmin Odobasic.

Since August 13, when the exhumation at this location was launched, to date the remains of 56 victims have been exhumed. The experts have also discovered documents indicating that the victims were inmates of detention camp Omarska.

The remains are being moved to the Sejkovaca hall in Sanski Most, where they will undergo anthropological processing and autopsy. DNA analysis will be performed for all the bodies. 

Exhumation at this location will resume Wednesday.

(Fena) gk

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FSA5209: 31.08.2004 09:45

MORNING SERVICE

DOKIC AND CHO ON ELECTRIFICATION OF RAILWAY DOBOJ-TUZLA-ZVORNIK

SARAJEVO, August 31 (FENA) – BiH Minister of Communications and Transport Branko Dokic on Tuesday received the General Director of company DAEWOO, M.G. Cho, who informed Dokic about the degree of preparing the feasibility study, on which the Korean Government is working through this company, which concerns electrification of railway Doboj-Tuzla-Zvornik. 

This study is a donation of the Korean Government as a contribution to development of the railway sector in BiH, was announced by BiH Ministry of Communications and Transport.

Cho informed Dokic that the study would be completed in two months the latest. In addition, he expressed the preparedness of the Korean Government to credit the electrification of railway Doboj-Tuzla-Zvornik with very advantages conditions. 

BiH Minister of Communications and Transport expressed gratitude for the offer and requested that the Korean Government forwards the official proposal for crediting so that the Council of Ministers could consider it.

The meeting was also attended by the General Director of the BiH Railway Corporation, Borka Trkulja, and Deputy General Director for Infrastructure Ivan Knezovic.

(Fena) gk

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MARKETING - tel/fax: 033 445 346; mob: 061 200 527; e-mail: marketing@fena.ba IT FENA - e-mail: otprema@fena.ba; fena-info@fena.ba

FENA 03/09/2004 Adnan Terzic visits Lybia; Over a hundred businesspersons from Austria and BiH, members of the Association of Austrian-BiH Businesspersons, held a consultative meeting

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FSA5608: 02.09.2004 10:04

MORNING SERVICE

FIRST POSTWAR HYDROELECTRIC PLANT PEC MLINI PUT INTO OPERATION

GRUDE, September 2 (FENA) – BiH Presidency member Dragan Covic and General Director of Elektroprivreda “HZ Herceg-Bosna” Vlado Maric on Thursday have put into operation the first postwar hydroelectric plant Pec Mlini, whose facilities are in Municipality Grude. 

The electric plant will use the power of river Vrljika, which is collected in the compensation pool Nuga.

Although the project value of the said plant was estimated at 74 million KM, it was completed with only 60 million KM, said Maric, adding that this saving will be the basis for launching construction of hydroelectric plant Mostarsko blato, adding that the construction works could be launched late next year. The project of building hydroelectric plant Mostarsko blato is worth approx. 100 million KM.

The funds for building Pec Mlini were insured by the Zagreb Bank with a long-term mortgage credit of 30 million KM, while Elektroprivreda HZ Herceg-Bosna provided 50 percent of the funds.

BiH Presidency member Dragan Covic said that this is a very significant project, because four years ago when the cornerstone was laid, many had doubts about its completion.

“This area must be provided with adequate infrastructure, the matter of water supply for the entire Herzegovina must be resolved, as well as the problematic of disposing of waste waters“, stressed Covic.

Director of hydroelectric plant Pec Mlini Zivko Mikulic said that the plant has the installed strength of 15 MGW times two, and will produce 83, 2 GWh of electric power per year.

Apart from producing electric energy, the great significance of this plant is in function of protection from floods, better use of agricultural land and development of tourism.

The ceremony of opening the hydroelectric plant Pec Mlini in Grude was attended by the FBiH Government delegation headed by Prime Minister Ahmet Hadzipasic, as well as the officials of cantons Herzegovina-Neretva and Western Herzegovina.

(Fena) dps

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FSA5610: 02.09.2004 10:38

MORNING SERVICE

TERZIC: VISIT TO LIBYA OPENS MANY DOORS FOR BiH ECONOMY

SARAJEVO, September 2 (FENA) – BiH and Libyan chambers of commerce have signed a trade agreement during the visit of BiH political-economic delegation to Libya, which indicates establishment of business cooperation, said BiH Council of Ministers Chair Adnan Terzic upon the return of our delegation from the Great Socialist People’s Arab Libyan Jamahiriya.

He said that arrangements have also been made for harmonizing a framework agreement that will define relations between the two countries, as well as the agreements that will enable protection of investments of both countries, evading double taxation, as well as several agreements on scientific and technical cooperation.

“The Libyan Prime Minister and I have agreed to meet every three to four months, and in the meantime the relevant ministries will be cooperating fully. It was an extraordinary visit that will primarily open many doors to BiH economy”, said Terzic.

He indicated that talks in Libya also focused on the subject of exchanging oil for water, but stressed that, considering that these energy sources are not of the same category, Libyans are not keen on discussing this subject with the rest of the world.

“However, we have offered hydroelectric power and they were interested in this. They have promised to send representatives of their foreign investments agency to assess the possibilities for their appearance in this area”, said Terzic.

He added that this visit has created great possibilities for cooperation in the fields of building housing facilities, using the hydro-energetic potentials in both countries, cooperation and transfer of technologies in the sectors of telecommunications, agriculture, etc.

(Fena) gk    

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FSA5609: 02.09.2004 10:20

MORNING SERVICE

TERZIC: SUCCESSFUL VISIT TO LIBYA

SARAJEVO, September 2 (FENA) – The political-economic delegation of BiH headed by Council of Ministers Chair Adnan Terzic on Thursday has returned from the Great Socialist People's Arab Libyan Jamahiriya. 

“We were politically aware that we have positive feelings and friendly relations. In talks with President Muamar Gadafi, we have insured a special status for BiH in Libyan Jamahiriya, as well as on the entire African continent, which was one of our priorities”, Terzic told the press at the Sarajevo airport.

He stressed that the Libyan President has supported BiH’s European path, and encouraged our country to swiftly become a part of the great European family and guaranteed that the good relations that were built with Yugoslavia in the past will be turned towards BiH in the future.

“This fact opens great political and economic perspectives for BiH”, said Terzic.

He added that in two meetings with the political leadership of the hosting country, talks focused on the possibilities for engaging BiH businesspersons in the new wave of economic reform in Libya. 

“We came at the right time, because privatization in Libya is just beginning. The country is opening to foreign investors and I am pleased with the fact that our business delegation has held numerous meetings during our visit to Libya”, said BiH Council of Ministers Chair Adnan Terzic.

(Fena) gk  

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FSA5611: 02.09.2004 11:14

MORNING SERVICE

MEETING OF BiH AND AUSTRIAN BUSINESSPERSONS

SARAJEVO, September 2 (FENA) – Over a hundred businesspersons from Austria and BiH, members of the Association of Austrian-BiH Businesspersons, held a consultative meeting Thursday evening in Hadzici, near Sarajevo.

Businesspersons from the two countries exchanged information about the possibilities for mutual investing, and discussed the business results of companies from BiH that have daughter companies in Austria.

This traditional meeting of local and Austrian businesspersons, which takes place five to six times per year over the past three years, was attended by the former Austrian chancellor, Alois Mock, who is paying a private visit to Sarajevo, and representatives of the Austrian contingent of SFOR.

Austria is one of the leading investors in BiH economy, and participants of the meeting have expressed interest for strengthening business cooperation between the two countries.

(Fena) gk

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MARKETING - tel/fax: 033 445 346; mob: 061 200 527; e-mail: marketing@fena.ba IT FENA - e-mail: otprema@fena.ba; fena-info@fena.ba

FENA 16/08/04 - CONSUMER BASKET IN JULY 437,79 KM; “Lakshmi Niwas Mittal Holdings NV” London became majority shareholder of Željezara - Zenica

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FSA2487: 16.08.2004 08:55

MORNING SERVICE

FBiH: CONSUMER BASKET IN JULY 437,79 KM

SARAJEVO, August 16 (FENA) – The consumer basket in July this year in Federation BiH was estimated at 437,79 KM, which is a drop of 12, 86 KM or 2, 85 percent in comparison to June, told a press conference Monday the Director of the Federation Statistics Bureau, Dervis Djurdjevic.

According tom him, the average monthly paid net salary per employee in June this year was estimated at 537, 51 KM, while the average paid pension was estimated at 198, 45 KM.

The total number of persons seeking employment in June was 387.651, while the average unemployment rate was 44, 6 percent.

(Fena) jc

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FSA2484: 16.08.2004 08:50

MORNING SERVICE

FBiH: INCREASE IN INDUSTRIAL PRODUCTION AND EXPORTS

SARAJEVO, August 16 (FENA) – Industrial production in Federation BiH in July this year is greater by 16, 9 percent than the average monthly production in 2003, and is also greater by 14 percent than the production in the same month last year, while it is greater by 5, 5 percent in comparison to production in June this year, told a press conference Monday the Director of the Federation Statistics Bureau, Dervis Djurdjevic.

According to the FBiH Statistics Bureau, the total of 1.086.825.000 KM of goods were exported in the seven months of this year, which is an 8, 8 percent rise in comparison to the same period last year. In this period, the imports have amounted up to 3.379.786.000 KM, which is by 5, 7 percent more than in the same period last year. Majority of the goods were exported to Croatia.

The percentage of covering imports by exports in the past seven months is 32, 2 percent.

(Fena) jc

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FSA2490: 16.08.2004 09:07

MORNING SERVICE

FBiH:  MORE TOURISTS, LESS SPENT NIGHTS IN JUNE

SARAJEVO, August 16 (FENA) – Federation BiH in June this year was visited by 23.385 tourists, which is a 4, 5 percent rise in comparison to June last year. 

According to the Federation Statistics Bureau, there were 52.645 spent nights, which is a 14, 2 drop in comparison to June last year.

The capacities in tourism included 10.650 beds, which is a 4, 7 percent rise in comparison to June 2003.

(Fena) jc

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FSA2489: 16.08.2004 09:01

MORNING SERVICE

TERZIC MEETS REPRESENTATIVES OF BiH ASSOCIATION OF MEAT PRODUCERS AND PROCESSORS

SARAJEVO, August 16 (FENA) – BiH Council of Ministers Chair Adnan Terzic on Monday held talks with representatives of the BiH Association of Meat Producers and Processors.

Representatives of the Association ascertained that it is necessary to take the relevant measures in order to enable the beginning of implementation of the Law amending the Law on the Customs Tariff.

Terzic confirmed that the Council of Ministers would at its next session issue decisions that will ensure full implementation of the Law.

(Fena) jc

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FSA2492: 16.08.2004 09:44

MORNING SERVICE

"LNM HOLDINGS NV" MAJORITY SHAREHOLDER OF BH STEEL ZELJEZARA

ZENICA, August 16 (FENA) – Multinational company “LNM Holdings NV” from London, which annually produces over 45 million tons of steel in 13 factories throughout the world, which makes it the second largest producer of steel in the world, is the new majority shareholder of the Zenica BH Steel Zeljezara as of Monday evening. 

The sale contract by which LNM has become the holder of 51 percent of the capital in the BH Steel plant was signed, in presence of numerous guests among which BiH Presidency Chair Sulejman Tihic, FBiH President Niko Lozancic, and senior delegations from Kuwait and Canton Zenica-Doboj, by the owner of “LNM Holdings NV”, Lakshmi Niwas Mittal, his son Aditya Mittal, FBiH Prime Minister Ahmet Hadzipasic, representative of the Kuwait Investment Agency (KIA-KSIC) Summeya el Humeydi and Director General of BH Steel Zeljezara Zenica Seid Kapetanovic.

“LNM and the management of BH Steel, together with KIA and the FBiH Government, will take this company to another level, and make it the pride of this country. I am convinced that today will mark the beginning of production revitalization and that BH Steel will soon, from the current amount 200.000 tons of produced steel annually, reach the level of 2 up to 2, 5 million tons of steel”, said the new owner of BH Steel, Lakshmi Nisaw Mittal.

“LNM Holdings NV” will immediately invest US$ 80 million in its new company, while the total investment is estimated at approx. US$ 425 million. 

The strategic partner is committed to immediately employ 2.850 workers, and it is expected that launching of integral production in the period of up to three years the longest would have the company employing between 4.000 and 4.500 workers. We believe in the quality of the package of social measures, which was designed in cooperation with the company’s Trade Union.  

Once the integral production has been launched, the Government would sell its shares to KIA-KSIC, said FBiH Minister of Energy, Industry, and Mining Izet Zigic.  

According to Lakshmi Niwas Mittala, the new owner intends to keep the company’s residence in BiH, and a team of experts would soon be formed to work with the company’s management in order to improve the production capacities. 

Representatives of KIA-KSIC, LNM and BH Steel Zeljezara Zenica have expressed particular gratitude to FBiH Prime Minister Ahmet Hadzipasic, whom they have regarded as the key person in realization of this project.

The first contacts of representatives of “LNM Holdings NV” with FBiH Government and KIA were made in September 2003, and they have resulted in signing the sale contract by which “LNM Holdings NV” has become the majority shareholder of 51 percent of the capital, while KIA-KSIC disposes with 41 percent, and FBiH Government has 8 percent of capital in BH Steel Zeljezara.

(Fena) jc 

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MARKETING - tel/fax: 033 445 346; mob: 061 200 527; e-mail: marketing@fena.ba IT FENA - e-mail: otprema@fena.ba; fena-info@fena.ba

FENA 03/09/2004 - Lidija Topic meets Herbert Bradford (GFATM); COLAK DENIES CLAIMS THAT OSAMA BIN LADEN’S MESSAGE WAS DISCOVERED IN BiH

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FSA5771: 03.09.2004 08:42

MORNING SERVICE

GENEVA: TOPIC MEETS BRADFORD

SARAJEVO/GENEVA, September 3 (FENA) – BiH Deputy Foreign Minister Lidija Topic is in Geneva where she is participating in the regional consultations following UNICEF’s Conference on Children’s Rights, which took place in Sarajevo May 13 to 15, as well as the Conference Dedicated to Children in Berlin in 2001.

Topic on Friday met with the Deputy Director of the Global Fund for Aids, Tuberculosis and Malaria (GFATM), Herbert Bradford, was announced by BiH Ministry of Foreign Affairs. 

Talks focused on BiH’s application for receiving financial support from the Fund for battling and treating AIDS.

Bradford informed Topic that BiH is classified in the third group of countries that have applied for support from the Fund. Thus, BiH is encouraged to apply for the new, fifth round of granting funds, which will be considered November 19 at the meeting of Fund’s Directors.

Bradford also offered technical support for designing BiH’s application.

GFATM disposes with US$ 3.2 billion divided on 132 countries of the world, which are intended for preventing and battling AIDS, tuberculosis and malaria.

BiH is not a country with a great number of infected persons, but is regarded as a country of high risk.

(Fena) gk

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FSA5772: 03.09.2004 08:51

MORNING SERVICE

CAVIC AND MICIC HANDED KEYS TO 23 APARTMENTS IN MODRICA

MODRICA, September 3 (FENA) – RS President Dragan Cavic and Minister of Labour and Veterans-Invalids’ Protection Mico Micic on Friday in Modrica handed keys of 23 apartments to the families of fallen members of RS Army and military invalids from the so-called priority groups. 

The ceremony was attended by representatives of Modrica Municipal administration and representatives of Entity veterans’ associations. 

The funds for building the housing units for the families of the most endangered veterans’ categories in Modrica were insured by the local administration and RS Government.

(Fena) gk

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FSA5775: 03.09.2004 09:01

MORNING SERVICE

FBiH REGULATORY COMMISSION FOR ELECTRIC ENERGY SESSION ON SEPTEMBER 14

MOSTAR, September 3 (FENA) – FBiH Regulatory Commission for Electric Energy (FERK) will hold its first session on September 14 in Mostar.

The Commission was formed in accordance with the Law on Electric Energy with the aim of disabling monopoly in the electro-energetic sector, realizing electric energy production and disabling third parties from accessing the distribution network, was announced by FERK.

 (Fena) dps

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FSA5777: 03.09.2004 09:31

MORNING SERVICE

COLAK DENIES CLAIMS THAT OSAMA BIN LADEN’S MESSAGE WAS DISCOVERED IN BiH

SARAJEVO, September 3 (FENA) – BiH Minister of Security Barisa Colak on Friday denied the claims of Russian Agency RIA News according to which a message from the leader of Al-Qaida Osama bin Laden, which calls on terrorist attacks against Russia, was discovered in BiH. 

- There is not a single information or a shred of evidence to support such claims, and this is not the first time we have spreading of groundless claims of this kind, which are aimed at presenting BiH as a base of terrorists, and there were all found to be incorrect, Colak told BH Radio 1.

The text of RIA analyst Vladimir Simonov announced yesterday states that the American investigators have recently found a source of financing the Chechen gangs in Chicago. This investigation resulted in shutting down the international foundation Benevolence, which had transferred US$ 300.000 to rebels in Chechnya.

“In searching the Bosnian branch of this foundation the investigators discovered a simple, written by hand, order of Osama bin Laden ‘it is time to attack Russia’, Simonov wrote on Thursday for RIA News. 

(Fena) bdz

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MARKETING - tel/fax: 033 445 346; mob: 061 200 527; e-mail: marketing@fena.ba IT FENA - e-mail: otprema@fena.ba; fena-info@fena.ba

09.09.2004. Fena - Usvojen Zakon o nestalim osobama/ BiH HOUSE OF PEOPLES ADOPTS LAW ON MISSING PERSONS

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FSA6761: 09.09.2004 08:42

MORNING SERVICE

BiH HOUSE OF PEOPLES ADOPTS LAW ON MISSING PERSONS

SARAJEVO, September 9 (FENA) – The BiH House of Peoples adopted in Sarajevo on Thursday the law on missing persons in BiH.

Since the House of Representatives adopted this law in different form it will now have to be harmonised between the two Houses.

The law defines principles for improving the search process, the definition of a missing person, ways for managing the central register, social and other rights of families of missing persons, as well as other issues concerning the search for missing persons from BiH and in BiH.

In order to improve the search for missing persons and more efficiently identify remains of missing persons the law establishes the BiH Institute on Missing Persons as an independent institution for searching for missing persons from and in BiH.

The law also states that families of missing persons, which were supported by the missing person and are in need of assistance, are entitled to monthly assistance in the amount of 25 percent of the average salary in BiH.

In order to raise funds and implement the rights of families of missing persons the law also establishes a Fund for supporting families of missing persons in BiH.

Also on Thursday delegates adopted the BiH internal debt law and the law on the Foreign Investment Promotion Agency.

The House of Peoples also adopted the State Border Service law in the first reading.

It also adopted the report of the BiH Election Commission on the financing of the municipal elections and confirmed the appointment of Milorad Zivanovic as the Communications Regulatory Agency Council member.

(Fena) jc

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Stav Thomasa Hammarberga o OHR-u, IPTF-u, KFOR-u, UNMIK-u i EULEX-u/ Viewpoint of Thomas Hammarberg on OHR, IPTF, KFOR, UNMIK & EULEX

https://web.archive.org/web/20200701092237/https://www.coe.int/en/web/commissioner/-/international-organisations-acting-as-quasi-governments-should-be-held-accountable

Stav Thomasa Hammarberga iz vremena kada je bio Komesar za ljudska prava Vijeća Evrope (2006-12.). Nakon Hammarberga funkciju Komesara preuzeo je Nils Muižnieks.

The position of Thomas Hammarberg from the time when he was  the Commissioner for Human Rights of the Council of Europe (2006-12). Hammarberg was succeeded by Nils Muižnieks.

"Kada međunarodne organizacije vrše izvršnu i zakonodavnu vlast kao surogat država, njih moraju obavezivati isti mehanizmi uzajamne kontrole koji obavezuju demokratski izabranu vlast. Moguća zloupotreba državne vlasti se u normalnim demokratijama ograničava podjelom vlasti na izvršnu, zakonodavnu i sudsku. Međutim, u slučajevima kada je vlast povjerena međunarodnim organizacijama, događa se da je cijela vlast u rukama samo jedne osobe ili organizacije, koja snosi vrlo nizak stepen odgovornosti za posljedice svojih odluka."Kao posebni primjeri navode se situacije u BiH (IPTF i OHR) i Kosova (UNMIK, KFOR i EULEX)./ "When international organisations exercise executive and legislative control as a surrogate state they must be bound by the same checks and balances as we require from a democratic government. Potential abuse of governmental power is combated in normal democracies by a separation of powers between the executive, the legislative and the judiciary. Where international organisations govern, power is in some instances invested in one person or organisation with too little accountability for the consequences of the decisions taken." The situations from BaH (IPTF and OHR) and Kosovo (UNMIK, KFOR and EULEX) have been used as examples and briefly analyzed. 

International Organisations acting as quasi-governments should be held accountable

[08/06/09] When international organisations exercise executive and legislative control as a surrogate state they must be bound by the same checks and balances as we require from a democratic government. Potential abuse of governmental power is combated in normal democracies by a separation of powers between the executive, the legislative and the judiciary. Where international organisations govern, power is in some instances invested in one person or organisation with too little accountability for the consequences of the decisions taken.
Accountability in terms of a government implies that the decision-making processes are transparent, that there is good access to government information, and that there is participation from civil society and the wider population.
Accountability also entails that there is a means to review and sanction the misconduct of those invested with public powers, such as civil servants and state officials. We require actors to bear the consequences of their actions.
For a number of years, it has been accepted that principles of accountability must apply to United Nations peacekeeping operations and the UN has taken a number of steps to prevent and punish abuse and sexual exploitation in its operations.1
Accountability must also apply when an international organisation acts as a quasi government.2 The UN has been involved in a number of territorial administration missions where it acted or acts as a surrogate government, for example in Namibia, Cambodia, East Timor, Bosnia and Herzegovina and Kosovo.3
In these circumstances, the “international administrations” act both as de facto local public authorities and as an international organisation.
Lack of accountability may undermine public confidence in the international organisation and thereby its moral authority to govern. Such governing promotes a climate of impunity for acts committed by their staff and sets a negative model for domestic governments.
Models of good governance, on the other hand, call for answerability which in turn enhances the credibility of the work of the organisation and acts as a dissuasive to future abuses of power and misconduct. Mechanisms to ensure accountability are still needed when an international organisation is in charge – it is not enough to just rely on their good faith.
The European Union, for example, realised that its own institutions needed a mechanism for complaints. The European Ombudsman, elected by the European Parliament, was set up precisely to deal with complaints from citizens concerning maladministration by EU institutions and bodies. Moreover, the European Court of Justice in Luxembourg is empowered to review claims from the Council of the European Union, the European Commission, the European Parliament and member states regarding the illegality of EU acts. Individuals may also challenge decisions addressed to them.
I have discussed issues related to the accountability of international actors in particular during my visits to Bosnia and Herzegovina and Kosovo.
Thirteen years after the signing of the Dayton Peace Agreement, international organisations are still present in large numbers in Bosnia and Herzegovina. The Office of the High Representative (OHR) in Bosnia and Herzegovina was set to up facilitate the Parties own efforts to implement the Dayton peace agreement. A few years later, the High Representative’s powers were extended to include the ability to remove from office public officials who violate legal commitments and the Dayton Peace Agreement, and to impose laws as he sees fit if Bosnia and Herzegovina’s legislative bodies fail to do so.
I visited Sarajevo in 2006 to discuss complaints made by some 260 police officers from the national police force that had been barred from police service (“decertified”) and stripped of their social and pension rights through a vetting procedure organised by the UN International Police Task Force.4 My concern related to the limited possibility for those individuals to challenge the merits of the Task Force decision and the absence of an appropriate legal remedy.
The Council of Europe’s Venice Commission had proposed that the Security Council set up a special body to review these cases.5 After my visit I called on all parties to find a solution which would give justice to the individuals and enhance the credibility of the international community. Unfortunately, progress to find any suitable solution is still slow.
In Kosovo, UNMIK and KFOR (a NATO-led Kosovo Force) and their personnel, are all immune from any legal process.6The purpose of such a rule is to ensure that international organisations can perform their tasks without interference. Of course, this does not mean that personnel cannot be prosecuted in their home countries, although there are difficulties in ensuring that such prosecutions will be initiated or effective.
Moreover, according to the 2007 admissibility decisions of the European Court of Human Rights in the cases of Behrami7 andSaramati8 the actions of KFOR and UNMIK are attributable to the United Nations, and not to contributing member states. The result being that the Strasbourg Court has no jurisdiction over such complaints.
In 2005 the UN established a Human Rights Advisory Panel in Kosovo as a human rights accountability mechanism. The Panel acts as a quasi-judicial body which is fully independent of UNMIK. However, it has faced a number of difficulties which have hampered its smooth running, including delays in the appointment of its members, lack of sufficient secretariat support, and a question mark over how UNMIK will respond to the Panel’s recommendations. So far, no compensation has yet been paid following an adopted opinion of the Panel.
I think that UNMIK should now look at the legacy of its actions in Kosovo and stand ready to provide compensation and redress for violations of human rights. The new EU Rule of Law Mission (EULEX) which became operational last December must also establish its own accountability mechanism as a priority.
What type(s) of mechanism(s) ensure accountability of international actors?
The creation of an independent human rights court or panel in the country in question is a good option;
Other intra-organisational methods, such as complaints or claims commissions, can work, but the temptation to prevent information from becoming public which could damage the organisation may be too great;
The creation of an Ombudsman’s office with a strong mandate is one way to hold international administration regimes accountable for breaches of authority;
States which contribute personnel to international peacekeeping missions should ensure independent investigations, and full accountability of all those responsible for human rights violations, including through criminal, administrative and disciplinary procedures, where appropriate.
The International Criminal Court (ICC), as a court of last resort, has jurisdiction over crimes against humanity, war crimes and genocide, also when committed by UN peacekeepers;
Reporting obligations at the international level are also a form of accountability;
International organisations sometimes engage outside actors to perform independent assessments of their activities, as where the UN Secretary-General created an independent body to conduct an inquiry into UN conduct during the 1994 Rwandan genocide;
International and local media and NGOs have a key role to play as watch-dogs.
An international accountability deficit is no good for anyone, least of all the local population. No-one, especially an international organisation, is above the law.


Thomas Hammarberg


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Notes:


1. Following a 2004 report, the United Nations Secretary-General initiated wide-ranging reforms covering standards of conduct, investigations, organisational, managerial and command responsibility, and individual disciplinary, financial and criminal accountability. See also UN Security Council Resolution 1820 (2008) in the field of women, peace and security.

2. See the report of the Council of Europe’s Parliamentary Assembly “The State of Human Rights in Europe: the need to eradicate impunity” by Rapporteur Mrs Herta DÄUBLER-GMELIN, 3 June 2009, in particular chapter vii.

3. All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

4. Special Mission Report to Bosnia and Herzegovina by Thomas Hammarberg, CommDH(2007)2, 17 January 2007.

5. Opinion on the possible solution to the issue of decertification of police officers in BiH” Opinion no 326/2004.

6. UNMIK/REG/2000/47

7. Behrami and Behrami v France, Application No. 71412/01, admissibility decision of 31 May 2007

8. Saramati v France, Germany and Norway, Application No. 78166/01, admissibility decision of 31 May 2007.

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