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ANNEX 6
Agreement on Human Rights
The Republic of Bosnia and Herzegovina, the Federation
of
Bosnia and Herzegovina and the Republika Srpska (the "Parties")
have agreed as follows:
Chapter One: Respect for Human Rights
Article I: Fundamental Rights and Freedoms
The Parties shall secure to all persons within their
jurisdiction the highest level of internationally
recognized human rights and fundamental freedoms,
including the rights and freedoms provided in the
European Convention for the Protection of Human Rights
and Fundamental Freedoms and its Protocols and the other
international agreements listed in the Appendix to this
Annex. These include:
- The right to life.
- The right not to be subjected to torture or to
inhuman or degrading treatment or punishment.
- The right not to be held in slavery or servitude or
to perform forced or compulsory labor.
- The rights to liberty and security of person.
- The right to a fair hearing in civil and criminal
matters, and other rights relating to criminal
proceedings.
- The right to private and family life, home, and
correspondence.
- Freedom of thought, conscience and religion.
- Freedom of expression.
- Freedom of peaceful assembly and freedom of
association with others.
- The right to marry and to found a family.
- The right to property.
- The right to education.
- The right to liberty of movement and residence.
- The enjoyment of the rights and freedoms provided
for in this Article or in the international
agreements listed in the Annex to this Constitution
secured without discrimination on any ground such as
sex, race, color, language, religion, political or
other opinion, national or social origin,
association with a national minority, property,
birth or other status.
Chapter Two: The Commission on Human Rights
Part A: General
Article II: Establishment of the Commission
- To assist in honoring their obligations
under this
Agreement, the Parties hereby establish a Commission
on Human Rights (the "Commission"). The Commission
shall consist of two parts: the Office of the
Ombudsman and the Human Rights Chamber.
- The Office of the Ombudsman and the Human Rights
Chamber shall consider, as subsequently described:
- alleged or apparent violations of human rights
as provided in the European Convention for the
Protection of Human Rights and Fundamental
Freedoms and the Protocols thereto, or
- alleged or apparent discrimination on any
ground such as sex, race, color, language,
religion, political or other opinion, national
or social origin, association with a national
minority, property, birth or other status
arising in the enjoyment of any of the rights
and freedoms provided for in the international
agreements listed in the Appendix to this
Annex, where such violation is alleged or
appears to have been committed by the Parties,
including by any official or organ of the
Parties, Cantons, Municipalities, or any
individual acting under the authority of such
official or organ.
- The Parties recognize the right of all persons to
submit to the Commission and to other human rights
bodies applications concerning alleged violations of
human rights, in accordance with the procedures of
this Annex and such bodies. The Parties shall not
undertake any punitive action directed against
persons who intend to submit, or have submitted,
such allegations.
Article III: Facilities, Staff and Expenses
- The Commission shall have appropriate facilities and
a professionally competent staff. There shall be an
Executive Officer, appointed jointly by the
Ombudsman and the President of the Chamber, who
shall be responsible for all necessary
administrative arrangements with respect to
facilities and staff. The Executive Officer shall be
subject to the direction of the Ombudsman and the
President of the Chamber insofar as concerns their
respective administrative and professional office
staff.
- The salaries and expenses of the Commission and its
staff shall be determined jointly by the Parties and
shall be borne by Bosnia and Herzegovina. The
salaries and expenses shall be fully adequate to
implement the Commission's mandate.
- The Commission shall have its headquarters in
Sarajevo, including both the headquarters Office of
the Ombudsman and the facilities for the Chamber.
The Ombudsman shall have at least one additional
office in the territory of the Federation and the
Republika Srpska and at other locations as it deems
appropriate. The Chamber may meet in other locations
where it determines that the needs of a particular
case so require, and may meet at any place it deems
appropriate for the inspection of property,
documents or other items.
- The Ombudsman and all members of the Chamber shall
not be held criminally or civilly liable for any
acts carried out within the scope of their duties.
When the Ombudsman and members of the Chamber are
not citizens of Bosnia and Herzegovina, they and
their families shall be accorded the same privileges
and immunities as are enjoyed by diplomatic agents
and their families under the Vienna Convention on
Diplomatic Relations.
- With full regard for the need to maintain
impartiality, the Commission may receive assistance
as it deems appropriate from any governmental,
international, or non-governmental organization.
Part B: Human Rights Ombudsman
Article IV: Human Rights Ombudsman
- The Parties hereby establish the Office
of the Human
Rights Ombudsman (the "Ombudsman").
- The Ombudsman shall be appointed for a non-renewable
term of five years by the Chairman- in-Office of the
Organization for Security and Cooperation in Europe
(OSCE), after consultation with the Parties. He or
she shall be independently responsible for choosing
his or her own staff. Until the transfer described
in Article XIV below, the Ombudsman may not be a
citizen of Bosnia and Herzegovina or of any
neighboring state. The Ombudsman appointed after
that transfer shall be appointed by the Presidency
of Bosnia and Herzegovina.
- Members of the Office of the Ombudsman must be of
recognized high moral standing and have competence
in the field of international human rights.
- The Office of the Ombudsman shall be an independent
agency. In carrying out its mandate, no person or
organ of the Parties may interfere with its
functions.
Article V: Jurisdiction of the Ombudsman
- Allegations of violations of human rights received
by the Commission shall generally be directed to the
Office of the Ombudsman, except where an applicant
specifies the Chamber.
- The Ombudsman may investigate, either on his or her
own initiative or in response to an allegation by
any Party or person, non-governmental organization,
or group of individuals claiming to be the victim of
a violation by any Party or acting on behalf of
alleged victims who are deceased or missing, alleged
or apparent violations of human rights within the
scope of paragraph 2 of Article II. The Parties
undertake not to hinder in any way the effective
exercise of this right.
- The Ombudsman shall determine which allegations
warrant investigation and in what priority, giving
particular priority to allegations of especially
severe or systematic violations and those founded on
alleged discrimination on prohibited grounds.
- The Ombudsman shall issue findings and conclusions
promptly after concluding an investigation. A Party
identified as violating human rights shall, within a
specified period, explain in writing how it will
comply with the conclusions.
- Where an allegation is received which is within the
jurisdiction of the Human Rights Chamber, the
Ombudsman may refer the allegation to the Chamber at
any stage.
- The Ombudsman may also present special reports at
any time to any competent government organ or
official. Those receiving such reports shall reply
within a time limit specified by the Ombudsman,
including specific responses to any conclusions
offered by the Ombudsman.
- The Ombudsman shall publish a report, which, in the
event that a person or entity does not comply with
his or her conclusions and recommendations, will be
forwarded to the High Representative described in
Annex 10 to the General Framework Agreement while
such office exists, as well as referred for further
action to the Presidency of the appropriate Party.
The Ombudsman may also initiate proceedings before
the Human Rights Chamber based on such Report. The
Ombudsman may also intervene in any proceedings
before the Chamber.
Article VI: Powers
- The Ombudsman shall have access to and may examine
all official documents, including classified ones,
as well as judicial and administrative files, and
can require any person, including a government
official, to cooperate by providing relevant
information, documents and files. The Ombudsman may
attend administrative hearings and meetings of other
organs and may enter and inspect any place where
persons deprived of their liberty are confined or
work.
- The Ombudsman and staff are required to maintain the
confidentiality of all confidential information
obtained, except where required by order of the
Chamber, and shall treat all documents and files in
accordance with applicable rules.
Part C: Human Rights Chamber
Article VII: Human Rights Chamber
- The Human Rights Chamber shall be composed of
fourteen members.
- Within 90 days after this Agreement enters into
force, the Federation of Bosnia and Herzegovina
shall appoint four members and the Republika Srpska
shall appoint two members. The Committee of
Ministers of the Council of Europe, pursuant to its
resolution (93)6, after consultation with the
Parties, shall appoint the remaining members, who
shall not be citizens of Bosnia and Herzegovina or
any neighboring state, and shall designate one such
member as the President of the Chamber.
- All members of the Chamber shall possess the
qualifications required for appointment to high
judicial office or be jurists of recognized
competence. The members of the Chamber shall be
appointed for a term of five years and may be
reappointed.
- Members appointed after the transfer described in
Article XIV below shall be appointed by the
Presidency of Bosnia and Herzegovina.
Article VIII: Jurisdiction of the Chamber
- The Chamber shall receive by referral from the
Ombudsman on behalf of an applicant, or directly
from any Party or person, non-governmental
organization, or group of individuals claiming to be
the victim of a violation by any Party or acting on
behalf of alleged victims who are deceased or
missing, for resolution or decision applications
concerning alleged or apparent violations of human
rights within the scope of paragraph 2 of Article
II.
- The Chamber shall decide which applications to
accept and in what priority to address them. In so
doing, the Chamber shall take into account the
following criteria:
- Whether effective remedies exist, and the
applicant has demonstrated that they have been
exhausted and that the application has been
filed with the Commission within six months
from such date on which the final decision was
taken.
- The Chamber shall not address any application
which is substantially the same as a matter
which has already been examined by the Chamber
or has already been submitted to another
procedure or international investigation or
settlement.
- The Chamber shall also dismiss any application
which it considers incompatible with this
Agreement, manifestly ill-founded, or an abuse
of the right of petition.
- The Chamber may reject or defer further
consideration if the application concerns a
matter currently pending before any other
international human rights body responsible for
the adjudication of applications or the
decision of cases, or any other Commission
established by the Annexes to the General
Framework Agreement.
- In principle, the Chamber shall endeavor to
accept and to give particular priority to
allegations of especially severe or systematic
violations and those founded on alleged
discrimination on prohibited grounds.
- Applications which entail requests for
provisional measures shall be reviewed as a
matter of priority in order to determine (1)
whether they should be accepted and, if so (2)
whether high priority for the scheduling of
proceedings on the provisional measures request
is warranted.
- The Chamber may decide at any point in its
proceedings to suspend consideration of, reject or
strike out, an application on the ground that (a)
the applicant does not intend to pursue his
application; (b) the matter has been resolved; or
(c) for any other reason established by the Chamber,
it is no longer justified to continue the
examination of the application; provided that such
result is consistent with the objective of respect
for human rights.
Article IX: Friendly Settlement
- At the outset of a case or at any stage during the
proceedings, the Chamber may attempt to facilitate
an amicable resolution of the matter on the basis of
respect for the rights and freedoms referred to in
this Agreement.
- If the Chamber succeeds in effecting such a
resolution it shall publish a Report and forward it
to the High Representative described in Annex 10 to
the General Framework Agreement while such office
exists, the OSCE and the Secretary General of the
Council of Europe. Such a Report shall include a
brief statement of the facts and the resolution
reached. The report of a resolution in a given case
may, however, be confidential in whole or in part
where necessary for the protection of human rights
or with the agreement of the Chamber and the parties
concerned.
Article X: Proceedings before the Chamber
- The Chamber shall develop fair and effective
procedures for the adjudication of applications.
Such procedures shall provide for appropriate
written pleadings and, on the decision of the
Chamber, a hearing for oral argument or the
presentation of evidence. The Chamber shall have the
power to order provisional measures, to appoint
experts, and to compel the production of witnesses
and evidence.
- The Chamber shall normally sit in panels of seven,
composed of two members from the Federation, one
from the Republika Srpska, and four who are not
citizens of Bosnia and Herzegovina or any
neighboring state. When an application is decided by
a panel, the full Chamber may decide, upon motion of
a party to the case or the Ombudsman, to review the
decision; such review may include the taking of
additional evidence where the Chamber so decides.
References in this Annex to the Chamber shall
include, as appropriate, the Panel, except that the
power to develop general rules, regulations and
procedures is vested in the Chamber as a whole.
- Except in exceptional circumstances in accordance
with rules, hearings of the Chamber shall be held in
public.
- Applicants may be represented in proceedings by
attorneys or other representatives of their choice,
but shall also be personally present unless excused
by the Chamber on account of hardship,
impossibility, or other good cause.
- The Parties undertake to provide all relevant
information to, and to cooperate fully with, the
Chamber.
Article XI: Decisions
- Following the conclusion of the proceedings, the
chamber shall promptly issue a decision, which shall
address:
- whether the facts found indicate a breach by
the Party concerned of its obligations under
this Agreement; and if so
- what steps shall be taken by the Party to
remedy such breach, including orders to cease
and desist, monetary relief (including
pecuniary and non-pecuniary injuries), and
provisional measures.
- The Chamber shall make its decision by a majority of
members. In the event a decision by the full Chamber
results in a tie, the President of the Chamber shall
cast the deciding vote.
- Subject to review as provided in paragraph 2 of
Article X, the decisions of the Chamber shall be
final and binding.
- Any member shall be entitled to issue a separate
opinion on any case.
- The Chamber shall issue reasons for its decisions.
Its decisions shall be published and forwarded to
the parties concerned, the High Representative
described in Annex 10 to the General Framework
Agreement while such office exists, the Secretary
General of the Council of Europe and the OSCE.
- The Parties shall implement fully decisions of the
Chamber.
Article XII: Rules and Regulations
The Chamber shall promulgate such rules and
regulations, consistent with this Agreement, as may
be necessary to carry out its functions, including
provisions for preliminary hearings, expedited
decisions on provisional measures, decisions by
panels of the Chamber, and review of decisions made
by any such panels.
Chapter Three: General Provisions
Article XIII: Organizations Concerned with Human Rights
- The Parties shall promote and encourage the
activities of non-governmental and international
organizations for the protection and promotion of
human rights.
- The Parties join in inviting the United Nations
Commission on Human Rights, the OSCE, the United
Nations High Commissioner for Human Rights, and
other intergovernmental or regional human rights
missions or organizations to monitor closely the
human rights situation in Bosnia and Herzegovina,
including through the establishment of local offices
and the assignment of observers, rapporteurs, or
other relevant persons on a permanent or mission-by-
mission basis and to provide them with full and
effective facilitation, assistance and access.
- The Parties shall allow full and effective access to
non-governmental organizations for purposes of
investigating and monitoring human rights conditions
in Bosnia and Herzegovina and shall refrain from
hindering or impeding them in the exercise of these
functions.
4. All competent authorities in Bosnia and Herzegovina
shall cooperate with and provide unrestricted access
to the organizations established in this Agreement;
any international human rights monitoring mechanisms
established for Bosnia and Herzegovina; the
supervisory bodies established by any of the
international agreements listed in the Appendix to
this Annex; the International Tribunal for the
Former Yugoslavia; and any other organization
authorized by the U.N. Security Council with a
mandate concerning human rights or humanitarian law.
Article XIV: Transfer
Five years after this Agreement enters into force,
the responsibility for the continued operation of
the Commission shall transfer from the Parties to
the institutions of Bosnia and Herzegovina, unless
the Parties otherwise agree. In the latter case, the
Commission shall continue to operate as provided
above.
Article XV: Notice
The Parties shall give effective notice of the terms
of this Agreement throughout Bosnia and Herzegovina.
Article XVI: Entry into Force
This Agreement shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
Appendix: Human Rights Agreements
- 1948 Convention on the Prevention and Punishment of
the Crime of Genocide
- 1949 Geneva Conventions I-IV on the Protection of
the Victims of War, and the 1977 Geneva Protocols
I-II thereto
- 1950 European Convention for the Protection of Human
Rights and Fundamental Freedoms, and the Protocols
thereto
- 1951 Convention relating to the Status of Refugees
and the 1966 Protocol thereto
- 1957 Convention on the Nationality of Married Women
- 1961 Convention on the Reduction of Statelessness
- 1965 International Convention on the Elimination of
All Forms of Racial Discrimination
- 1966 International Covenant on Civil and Political
Rights and the 1966 and 1989 Optional Protocols
thereto
- 1966 Covenant on Economic, Social and Cultural
Rights
- 1979 Convention on the Elimination of All Forms of
Discrimination against Women
- 1984 Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
- 1987 European Convention on the Prevention of
Torture and Inhuman or Degrading Treatment or
Punishment
- 1989 Convention on the Rights of the Child
- 1990 Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families
- 1992 European Charter for Regional or Minority
Languages
- 1994 Framework Convention for the Protection of
National Minorities
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