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Handbook on the Dayton Peace Agreement
PC-1510-100-96
February 1996
Annex 6
Agreement on Human Rights
This annex is the Agreement on Human Rights. The parties are the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, and the Republika Srpska.
Summary of Main Points
The parties agree to honor internationally recognized human rights and fundamental freedoms. The parties agree to establish a CHR, consisting of the OHRO and the HRC. The OHRO and the HRC will be headquartered in Sarajevo, with additional offices elsewhere.
Office of the Human Rights Ombudsman
The OSCE Chairman will appoint for a 5-year term the ombudsman who will be responsible for selecting his own staff. The ombudsman may not be a citizen of Bosnia and Herzegovina or any neighboring state. The parties may not interfere in the OHRO's activities. The OHRO will maintain two additional offices, one each in the Federation of Bosnia and Herzegovina and the Republika Srpska.
The OHRO will investigate allegations of human rights violations, unless applications are specifically addressed to the HRC. After concluding an investigation, the OHRO will issue findings and conclusions to which parties identified as violating human rights must respond within a specified period. The OHRO will forward a report to the High Representative in the event a party fails to comply with the OHRO's recommendation.
Human Rights Chamber
The Council of Europe's Committee of Ministers will appoint eight members and designate one to act as President of the HRC. These individuals may not be citizens of Bosnia and Herzegovina or any neighboring state. The other members will include four individuals from the Federation of Bosnia and Herzegovina and two from the Republika Srpska. All members are appointed for a 5-year term.
The HRC will adjudicate applications concerning human rights violations. HRC decisions will be based on a majority vote of its members. In the event of a tie, the President of the Chamber will cast the deciding vote. The HRC will judge the parties' compliance or noncompliance in their obligation to honor human rights and, in the case of a breach of conduct, what steps shall be taken by the party to remedy such a breach, involving orders to cease and desist, monetary compensation, and provisional measures. The parties will fully implement the HRC's decisions.
Upon the Agreement Entering Into Force
- Parties establish a CHR consisting of the OHRO and HRC.
Within 90 Days (13 March)
- The Federation of Bosnia and Herzegovina appoints four members and the Republika Srpska appoints two members to the HRC.
After 5 Years
- With the agreement of the parties, the CHR transfers to the institutions of Bosnia and Herzegovina or otherwise continues to operate as before.
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