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VI. Outreach and Communications

A.  Overview of the Public Information and Outreach Section

Effective outreach about the functioning of the WCC is crucial.  Outreach creates a sense of awareness and interest in the legal process and makes the work of the WCC relevant to the people of Bosnia.  The type of information disseminated as part of an effective outreach strategy includes the WCC’s work product, such as non-confidential indictments, motions, orders and judgments.  It also involves providing information to the general public about the WCC’s mandate in trying war crimes cases, and about its limitations, in order to prevent the formation of unrealistic expectations regarding its capabilities.

The importance of outreach was realized late by the ICTY.  Although its first indictments were issued in late 1994 and early 1995, its outreach program was only established in 1999.¹⁷⁴  The WCC’s physical proximity to where the crimes occurred gives it a distinct advantage in terms of its visibility and accessibility.  As part of the domestic justice system, the WCC also has greater potential than the ad hoc ICTY for a sustained impact on the rule of law over the long term. 

However, the WCC will face challenges in establishing its legitimacy as an institution given the ethnic divisions in Bosnia and inconsistent support for war crimes prosecutions from within Bosnia’s constituent entities.  The WCC must also grapple with Bosnia’s history of ineffective and biased prosecutions and trials for war crimes at the cantonal and district levels.¹⁷⁵    This context underscores the importance of the WCC’s undertaking strategic and widespread outreach to maximize its impact.  This must extend beyond the dissemination of its work product to engaging the people of Bosnia in the operation of the WCC.

Outreach on behalf of the WCC and its related institutions is coordinated by the Public Information and Outreach Section (PIOS).  The PIOS has been allocated five staff members, and operates on a modest budget for the payment of this staff and implementation of its activities.¹⁷⁶  Despite its limited budget, the PIOS has engaged in several innovative and potentially far-reaching initiatives, which are discussed below. 

B.  Initiatives of the PIOS

1. Court Support Network

The primary outreach initiative of the PIOS, as described to Human Rights Watch in late September 2005, is the Court Support Network (CSN).  This initiative involves the creation of a network of non-governmental organizations (NGOs) and community groups to facilitate the widespread dissemination of information about the WCC throughout Bosnia.  The CSN contains several “rings” in its organizational structure.  When fully operational, there will be a first “ring” of eight NGO-run centers located in major cities and towns throughout Bosnia—at present four of these centers are operating, in Sarajevo, Mostar, Tuzla and Prijedor, with the remaining centers in Travnik, Bihac, Banja Luka and Bijeljina scheduled to begin operation by the end of 2006.¹⁷⁷

The centers in the first “ring” are run by coordinators whose primary task is to establish a network of organizations and institutions within their geographic area of responsibility. These organizations constitute the second “ring” of the CSN.  Their role is to create a social climate that is supportive of victims and witnesses and to promote the legitimacy of the court and the rule of law.  At this stage, there are approximately 130 organizations in the second “ring.”  These organizations form a support mechanism within the respective communities for victims and witness before, during and after the process of providing testimony.¹⁷⁸

The centers in the first “ring” act as focal points for information about the WCC.  This is done in two ways:  First, the coordinators in each center disseminate information about the WCC, and those bodies related to its effective functioning, to the center’s regional network of partner organizations.¹⁷⁹ This information is then distributed to individuals in the community.  Second, each center is assigned a telephone operator tasked with answering calls from the public in the region of operation regarding the general work of the WCC.  Where appropriate, the telephone operators can refer members of the public to designated contact points within the Special Department for War Crimes and the WCC generally.   For example, if an individual contacts the operator with information about an accused or a witness in a case, he or she would be referred to a specific staff member within the Special Department for War Crimes assigned to handle such referrals.¹⁸⁰  Where appropriate, telephone operators can also refer individuals to partner organizations within the network that may be in a better position to provide specific information or support.¹⁸¹ 

In terms of support by the WCC, the coordinators of each center received training organized by the Registry concerning, among other issues, the implementation guidelines of the project, scope of the work, the different organs of the WCC, media relations and communication skills.¹⁸²  Coordinators are in turn required to submit progress reports to the PIOS every two months.¹⁸³  Further, the four centers currently operating in the first “ring” received funding for their establishment and the first six months of operation from the Registry.¹⁸⁴ 

However, the CSN operates independently of the WCC.  For example, the four centers currently in operation must arrange their own funding beyond the initial six-month period,¹⁸⁵ while the four centers still to be established will operate on funds obtained directly from donors.¹⁸⁶  Financial independence is an important component of the CSN strategy, as it encourages a sense of ownership over it at the grassroots level.¹⁸⁷  Since the CSN operates independently of the WCC, it maintains the freedom to criticize problematic elements of the WCC’s functioning as it feels necessary.¹⁸⁸  Further, as an independent entity, the CSN’s role in the dissemination of information on behalf of the court is voluntary.¹⁸⁹ 

Human Rights Watch welcomes this innovative approach to promote the widespread dissemination of information and support throughout Bosnia.  The value of the CSN in widely disseminating information on behalf of the WCC is heightened since the PIOS’s modest budget for outreach activities limits its ability to do so.  At the outset, however, Human Rights Watch would like to emphasize the importance of putting in place a mechanism to monitor the overall effectiveness of the CSN, over and above the progress reports provided by coordinators.  This is necessary to ensure that information about the WCC is disseminated by the CSN on a consistent basis throughout Bosnia.

In light of the limited staff within the PIOS, this could entail employing an independent contractor to evaluate the functioning of the CSN on a regular basis and ensure that the level of support and information dissemination provided by the CSN is consistent in the different regions.¹⁹⁰  Where problem areas are identified in the CSN with respect to the dissemination of information, the PIOS should assume this important responsibility.   In the event that additional support cannot be provided by the Registry, Human Rights Watch urges the donor community to provide the necessary funds to ensure this outreach strategy is effective.

2. Initiatives to engage the media

The local media has the ability to reach out to people of all ethnicities throughout Bosnia and to put forward information about the WCC on a mass scale.  Because of its power to inform and potentially influence people’s perceptions about the WCC, engaging the local media is a crucial part of an effective outreach strategy.  Working with the media can also make the WCC more accessible for those living outside of Sarajevo.  

The PIOS has undertaken a number of initiatives to promote media awareness of the WCC’s activities.  For example, the PIOS assisted in designing the curriculum for the training of journalists in war crimes reporting organized by the Balkan Investigative Reporting Network.¹⁹¹  It is also possible for media outlets and the general public to obtain a video recording of court proceedings upon request.¹⁹²  Further, the PIOS has been involved in the production of several specialized TV programs and features on the State Court and war crimes trials, which have been shown on major public and private channels in Bosnia.¹⁹³  There is already a spokesperson within the Special Department for War Crimes, and efforts are underway to recruit a spokesperson for the WCC.¹⁹⁴  This latter position will be essential in terms of providing a focal point for journalists to establish contact with the WCC, and fielding specific questions about its operation.  Efforts have also been made within the Registry and the PIOS to engage the international media in the work of the WCC.¹⁹⁵

3. Other Initiatives

The PIOS has undertaken a number of other outreach initiatives.  Most notably, the PIOS initiated visits by victims’ groups to the State Court.  These visits are aimed at demystifying the trial process for victims by familiarizing them with the proceedings.  The visits also promote direct contact between victims, prosecution officials within the Special Department for War Crimes and other court staff.¹⁹⁶  Between August and early December 2005, there were twelve visits by victims’ groups to the State Court.¹⁹⁷ The Witness Support Office recently took over the organization of the victim association visits, and is currently working on the 2006 schedule with the International Commission for Missing Persons (ICMP).¹⁹⁸  For the visits, an effort is made to select victims’ groups from throughout Bosnia to ensure ethnic diversity.  The ICMP coordinates with the Witness Support Unit and the PIOS in selecting these groups¹⁹⁹ and provides a measure of financial assistance by covering the travel costs to Sarajevo.²⁰⁰

Human Rights Watch welcomes the above efforts to make the trial process more accessible.  Familiarizing victims and witnesses with the logistics of court proceedings helps to address any fear or apprehension associated with providing testimony.  We encourage the continuation of these efforts, particularly as the number of trials and witnesses increase.  It is also important that the PIOS resume a coordination function with respect to these visits once there is an increase in trials, to ensure that the Witness Support Office can devote its resources to directly assisting witnesses in providing testimony before, during and after proceedings. 

Other outreach initiatives include: 1) conferences throughout Bosnia involving officials from the State Court and the cantonal and district courts to raise awareness of the WCC’s mandate; 2) websites for the Registry and the State Court; 3) reports by the Registry on the progress of the WCC, available on its website; and 4) plans to issue a “frequently asked questions” document, which would provide current information about the functioning of the WCC.²⁰¹  In addition to these projects, the Criminal Defense Support Section (OKO) has a website, which includes links to key legal materials.²⁰²