To the Bijeljina department of the Republika Srpska Ministry for Refugees and Displaced Persons:
* Support the return of displaced persons and refugees by fully and expeditiously implementing the Law on Cessation of the Law on the Use of Abandoned Property as amended by the High Representative;
* Reinstate in their original homes, as a matter of the highest priority, all Bosniaks and other minorities who have remained in their municipality of origin, but have been evicted from their houses by Bosnian Serbs who were displaced from elsewhere or by the authorities. The reinstatement this "floating" population is crucial for the Dayton Peace Agreement to be successful. A substantial return of displaced persons and refugees to their homes is unlikely to take place if those who remained in their municipality throughout the war are unable to return to their homes. Decisions by displaced persons and refugees to return will be based largely on the accounts of those they trust most: their former neighbors, friends, and colleagues who have remained. By failing to facilitate the return of "floaters" to their original homes, the authorities not only violate the rights of these people but also negatively influence the decisions of other displaced persons and refugees on whether or not to return.
* Reinstate all Bosniaks municipal councillors to their homes;
* Implement, with immediate effect, all decisions taken by the courts or responsible government bodies ordering the reinstatement of minorities;
* Investigate all allegations that staff are obstructing the full implementation of the Dayton agreement and the return of refugees and displaced persons, and immediately dismiss staff against whom allegations have been proven; and
* Continue to participate actively in the inter-agency Property Commission and implement its recommendations.
To the Bijeljina municipal authorities:
* Fully cooperate in the implementation of the Law on Cessation of the Law on the Use of Abandoned Property as amended by the High Representative;
* Immediately provide the Bijeljina department of the Ministry for Refugees and Displaced Persons with all necessary documentation regarding abandoned property and other documentation needed for the implementation of the Law on Cessation of the Law on the Use of Abandoned Property as amended by the High Representative;
* Continue to participate in the Property Commission, and cooperate fully in the implementation of its recommendations;
* Stop the implementation of plans to provide displaced persons and refugees with building sites on socially-owned land, unless it is known who owned the land before it was nationalized, and an agreement is reached with the original owner or his or her heirs about the restitution of the land;
* Fully cooperate in the implementation of the results of the April 2000 municipal elections, and ensure that the Bosniak and other minority representatives in municipal organs are provided with working conditions commensurate with their position;
* Do not sign any agreements concerning humanitarian, (re-)construction, financial, or economic aid to Bijeljina without previous consultation with and approval of the mayor and both deputy mayors; and
* Approve the reconstruction of the Atik Mosque in Bijeljina, and free up, as a matter of priority, all property of the Islamic religious community.
To the Head of the Public Security Center Bijeljina and the Head of the Public Security Station Bijeljina:
* Immediately, and publicly, order all police under your command to refrain from any intimidation of potential returnees, including the provision of "friendly advice" about the security implications of return. The task of the police is to protect the rights, including the right to return, of all Bosnian citizens, rather than to discourage return;
* Thoroughly investigate allegations of abuse at the hands of police officers, as well as the failure of police officers to intervene in cases of violence against ethnic minorities. Those found responsible for such abuse and inaction should be held accountable: disciplinary and, where applicable, criminal proceedings should be started against those responsible;
* Thoroughly investigate all incidents of violence and other criminal acts against minorities residing in or visiting Bijeljina and bring all perpetrators to justice;
* Fully implement the High Representative's decision regarding the provision of identity cards, and avoid discrimination in the provision of these documents; and
* Fully cooperate with the International Police Task Force in implementing its mandate. This includes, but is not limited to providing all information that the IPTF requests and disclosing all available information about allegations of abuse by police officers for the purpose of screening and vetting the police force by the IPTF.
To the Republika Srpska Authorities:
* Support the return of refugees and displaced persons by fully and expeditiously implementing the Law on the Cessation of Application of the Law on the Use of Abandoned Property as amended by the High Representative;
* Reinstate, as a matter of the highest priority, all Bosniaks, Bosnian Croats, and other minorities who have been evicted from their houses by Bosnian Serb displaced persons or the authorities, but have remained in their municipality of origin;
* Provide the local departments of the Ministry for Refugees and Displaced Persons with sufficient personnel and material resources for the full, speedy, and fair resolution of all claims regarding return of housing;
* Fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY). In particular, the Republika Srpska authorities should immediately fulfill their obligation to arrest persons indicted by the ICTY. Any provisions in Republika Srpska law preventing the extradition of its citizens to the ICTY should be amended as soon as possible. Moreover, the authorities should fully cooperate with the ICTY during the course of its investigations;
* Fully cooperate with the Human Rights Commission of Bosnia and Hercegovina. Recommendations of the Ombudsperson, as well as decisions and provisional measures of the Human Rights Chamber, should be implemented in good faith. Moreover, the authorities should respond in a timely manner to requests for information by the Ombudsperson or the Human Rights Chamber;
* Fully cooperate with the IPTF in the full, speedy, and effective implementation of the Framework Agreement on Police Restructuring, Reform and Democratization in the Republika Srpska as well as the Principles on Police Restructuring in the Republika Srpska, and ensure that police officers in command positions are chosen only on the basis of their professional qualities, and not because of their political affiliation;
* Develop plans in cooperation with the IPTF for speedy recruitment of minority police officers, in particular in areas where a substantial return of displaced persons and refugees is expected;
* Ensure that no person indicted for or accused of violations of humanitarian law or human rights during and/or after the war will serve in a position of authority until that person has been cleared; and
* Ensure that all minority political representatives, including municipal councillors and members of the Republika Srpska National Assembly, as well as those appointed in executive positions, will be reinstated in their homes as soon as possible.
To the Republika Srpska Minister of Justice:
* Ensure that allegations of criminal acts committed by law enforcement and other government personnel are properly investigated, and effectively prosecuted where appropriate;
* Ensure that internationally accepted standards for fair trials are met, and that judges and witnesses are not in any way subjected to political pressure;
* Fully cooperate with the United Nations Judicial System Assessment Programme.
To the International Community in General, and the Office of the High Representative in Particular:
* Place the highest priority on the return of those who have been evicted from their homes, but have remained in their municipality of origin;
* Once this "floater" population has returned, the return of displaced persons should be the next highest priority. Since "ethnic cleansing" was at the core of the war in Bosnia and Hercegovina, the return of refugees and displaced persons lies at the core of the peace process. Without the return of refugees and displaced persons the Dayton agreement will have failed and policies of "ethnic cleansing" will have succeeded;
* Bring all political, diplomatic, financial, and economic leverage to bear to ensure that substantial minority returns will take place, minorities rendered homeless in their own communities are reinstated in their homes, and other legitimate demands of minorities are met;
* Exert political and diplomatic pressure on the Republika Srpska authorities to ensure that the trial of the remaining members of the Zvornik Seven will meet internationally recognized standards for fair trials;
* Ensure that persons credibly accused of having committed war crimes or human rights abuses will not be allowed to serve in any public capacity until they are cleared of these allegations; and
* Ensure that public officials accused of obstructing the implementation of the Dayton agreement will be suspended from office pending investigation until they are cleared of these allegations. Those found to have obstructed the implementation of the Dayton agreement should be removed from office, and not be allowed to hold public office in the future.
To the Reconstruction and Return Task Force (RRTF), and the United Nations High Commissioner for Refugees:
* Place the highest priority on the reinstatement of those who have been evicted from their homes, but have remained in their municipality of origin. Once this goal has been reached, work to ensure the return of displaced persons and refugees.
* Donor funds should continue to be invested in the return of minority residents to their pre-war homes and the return of displaced persons rather than the relocation of displaced persons in the locale to which they fled. As long as the political, economic, and social conditions conducive to the voluntary return and harmonious integration of displaced persons and refugees have not been met, investment of donor funds in relocation projects would only serve to discourage displaced persons from returning.
To countries hosting refugees from Bosnia and Hercegovina:
* Voluntary return should only be encouraged when refugees can return to their own homes without fear of harassment, intimidation, or persecution. Refugee return should be considered only if the authorities have created the social, political, and economic conditions conducive for return.
To the European Union, the United States Agency for International Development, the World Bank, the European Bank for Reconstruction and Development, and other donor agencies and countries:
* Provide sufficient resources to ensure that the return of refugees and displaced persons will not be hindered by a lack of funds;
* Provide the United Nations International Police Task Force with sufficient human and financial resources to implement fully its mandate regarding the restructuring of the police force and the investigation of human rights abuses;
* Invest the scarce funds available for (re-)construction in Bosnia and Hercegovina in projects aimed at return to pre-war homes rather than relocation of displaced persons and refugees in the locale to which they fled;
* Invest in temporary buffer housing only if it is clear, both to the authorities and the temporary occupants, that the housing is temporary, and only if clauses safeguarding the "buffer" character have been included in contracts on temporary use;
* Demand active involvement and approval by minority municipal representatives in discussions about humanitarian, (re-)construction, financial, or economic aid projects;
* Ensure that no bilateral or multilateral aid is given directly or indirectly to the Republika Srpska police force until the screening and restructuring of the police has been satisfactorily completed;
* Ensure that persons indicted by the International Criminal Tribunal for the Former Yugoslavia, as well as those credibly alleged to be responsible for war crimes and/or human rights abuses, do not benefit economically or politically from bilateral or multilateral aid; and
* Condition assistance to municipalities on their full cooperation with the ICTY, respect for human rights, full implementation of the results of municipal elections, and concrete actions to assist refugees and displaced persons who seek to return to their homes.
To the International Police Task Force:
* Actively address all human rights abuses and obstruction of the implementation of the Dayton agreement committed by the police, and serve officers found guilty of such acts with a noncompliance report;
* Ensure that the Federation and Republika Srpska Ministries of the Interior are informed of noncompliance cases and that all police officers guilty of noncompliance with the provisions of the Dayton agreement are automatically made ineligible for police posts and prohibited from serving in any capacity in law enforcement or government agencies. Acts of noncompliance should be understood to include, but not be limited to: failure to protect citizens' rights to return to or remain in their pre-war homes; violation of the individual's right to freedom of expression and association; failure to provide the IPTF with requested information and documentation; failure to provide immediate and unimpeded access to any facility with police functions, including places of detention; and violation of due process rights under international standards;
* Publicly report and condemn human rights abuses and obstruction of the implementation of the Dayton agreement at the hands of the police;
* Devote sufficient resources to the restructuring and screening of the police forces in the Republika Srpska. It is of utmost importance that the restructuring process in the Republika Srpska be implemented in a speedy and effective manner;
* Ensure that applications for positions within the local police are submitted directly to the IPTF for purposes of facilitating more direct and thorough vetting/screening;
* Ensure that all police officers responsible for wartime and post-Dayton human rights abuses will be automatically excluded from the police force in the process of restructuring and will not be allowed to serve in any capacity in law enforcement or government;
* Publicize lists of provisional police officers in newspapers throughout Bosnia and Hercegovina in order to facilitate the gathering of information for purposes of screening and vetting. These lists should be publicized in areas both where the officers will serve and areas where there are significant numbers of displaced persons from the area where the officer will serve.
To the Organization for Security and Cooperation in Europe:
* Demand that all minority political representatives elected in the April 2000 municipal elections be reinstated in their homes immediately. The OSCE chief of mission should withhold final certification of election results from municipalities until they meet this condition;
Demand that all elected municipal executive officers be provided with adequate working conditions, including the provision of an office. The OSCE chief of mission should withhold final certification until this condition has been met, and withdraw certification if municipalities later fail to meet this condition;
* Publicize and condemn all human rights abuses against minorities; and
* Closely monitor the trial of the remaining members of the Zvornik Seven, and publicly report on and condemn all violations of fair trial standards.
To the International Criminal Tribunal for the former Yugoslavia:
* Investigate allegations of war crimes, crimes against humanity, and violations of laws of war committed in the Bijeljina region. This should include investigations into the roles played by Vojislav `Vojkan' Ðurkovi_, Ljubi_a Savi_ (a.k.a. Major Mauser), Risto Marian, and Jovan A...imovi_.
To the Council of Europe:
* Maintain all the conditions specified in May 1999 for further progress toward Bosnia's accession to the Council of Europe. The Parliamentary Assembly's rapporteurs should make no further recommendations with respect to action on the application until each and all of the May 1999 conditions are achieved;
* On their next trip to Bosnia and Hercegovina, the Parliamentary Assembly's rapporteurs should visit Bijeljina and raise the concerns identified in this report with the local authorities as well as with RS government representatives. Moreover, the rapporteurs should consider visiting areas other than the "ethnic capitals" -Sarajevo, Banja Luka, and Mostar- to assess progress toward meeting the conditions for accession of Bosnia and Hercegovina to the Council of Europe.