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  Annual Report 1999
                 

I. INTRODUCTION

In 1999 the Human Rights Chamber for Bosnia and Herzegovina reached its cruising speed. It is now well established in the country and internationally, and its internal procedures have accelerated.

During the course of 1999, the Chamber received as many applications alleging human rights violations as it had in the previous three years combined. This is a clear indication of the degree of credibility that the Chamber has achieved in the country. Unfortunately, however, there are still parts of the country where access to the Chamber is not yet guaranteed. This is obviously worrying.

The Chamber issued a record number 206 decisions, including 42 decisions on the merits, during 1999. Often one decision resolved more than one application. The total number of decisions taken by the Chamber the previous year was 67. There are two reasons for this substantial increase. Firstly, the Chamber was able to use its own jurisprudence established in its previous three years of existence. At the same time, it was able to take advantage of its experience to speed up its own procedures and work more efficiently.

The Human Rights Chamber's achievements are all the more remarkable given that its members meet for only one week each month, and that its resources are still too limited, preventing the Chamber from hiring necessary additional staff for the proper conduct of its work, for example.

Though the vast majority of applications received by the Chamber relate to housing, an increasing number involve other issues, such as freedom of religion, discrimination and the functioning of the judiciary. The weakness of the national judicial system helps explain why the Chamber declares admissible and examines on the merits a greater proportion of the cases submitted to it than does the European Court of Human Rights.

The positive developments during the year, however, cannot hide the same limitations and difficulties that the Chamber has encountered in previous years. Despite strong pressure from the international community on the responsible national authorities, especially through the Office of the High Representative and the OSCE, implementation of the Chamber's decisions remains a major concern.

One example of this was the way in which the High Representative had to step in and impose a law concerning former Yugoslav National Army (JNA) apartments when the government of the Federation refused to introduce new legislation on the matter consistent with the Chamber's decisions on this issue. The High Representative also dismissed the mayor of Banja Luka, Republika Srpska, for, among other reasons, refusing to respect a Chamber ruling regarding the reconstruction of mosques in his city.

The Chamber is not the only judicial authority to face this difficulty - non-implementation of decisions is a problem besetting all courts in Bosnia and Herzegovina. Only the full and speedy imposition of the rule of law will strengthen local institutions and testify to the democratization of the country.

This Annual Report is dedicated to the memory of Mr. Vlatko Markotić, member of the Human Rights Chamber since its inception in March 1996. Mr. Markotić served the Chamber with dedication and in a spirit of cooperation. His sudden death in April 1999 was a great loss to the Chamber as an institution and to the colleagues and friends who worked closely with him.