III. FUNCTIONS OF THE CHAMBER

The functions of the Human Rights Chamber are set out in Article II of Annex 6 to the Dayton Agreement. The Chamber has the mandate to consider alleged or apparent violations of human rights as provided in the European Convention on Human Rights and its Protocols, and alleged or apparent discrimination arising in the enjoyment of the rights and freedoms provided for in the Convention and other international agreements listed in the Appendix to Annex 6. The subject matter is thus potentially very wide. However, the Chamber may only receive applications concerning matters which are within the responsibility of one of the Parties to Annex 6 and which occurred or continued after entry into force of the Dayton Agreement. Particular priority is given to allegations of especially severe or systematic violations, as well as those founded on alleged discrimination on prohibited grounds.

The Chamber may receive allegations concerning such human rights violations from any Party to Annex 6 of the Dayton Agreement; or from individuals and others claiming to be the victim of human rights violations or acting on behalf of alleged victims. The Chamber may also receive allegations by referral from the Human Rights Ombudsperson for Bosnia and Herzegovina on behalf of an applicant.

When an application is received by the Chamber it must decide whether to accept or reject it, taking into account a number of criteria listed in Article VIII of Annex 6, including: 1) whether effective remedies exist and the applicant has demonstrated a) that they have been exhausted, and b) that the application has been filed with the Commission within six months from the date of any final decision; 2) whether the application is substantially the same as a matter that the Chamber has already examined; 3) whether the application is incompatible with the Dayton Agreement, manifestly ill-founded, or an abuse of the right of petition; and 4) whether the application concerns a matter currently pending before another international human rights body or another Commission established by the Dayton Agreement.

The Chamber's procedures are modeled on the European Court of Human Rights. Written observations are requested from the applicant and respondent Party before the Chamber deliberates and decides on a case. In addition to the written procedure, the Chamber may decide to schedule a public hearing for oral argument by the parties and submission of evidence by witnesses and experts. The Chamber may also invite written or oral amicus curiae submissions. If the Chamber finds a violation, it issues an order indicating the steps that the respondent Party must take to remedy the breach, including orders to cease and desist or grant monetary relief. At any stage of the proceedings, it may also order provisional measures or attempt to facilitate an amicable solution based on respect for human rights. The decisions of the Chamber are final and binding, and the Parties must fully implement them. Chamber decisions are forwarded to the Office of the High Representative for monitoring of compliance.