COOPERATION WITH THE RESPONDENT PARTIES
with the respondent Parties -- the Federation of Bosnia and
Herzegovina, the Republika Srpska and the State of Bosnia and
Herzegovina -- is conducted almost exclusively through
appointed agents who represent the Parties in proceedings
before the Human Rights Chamber. The agents are given notice
by the Chamber of applications against the Party they
represent and are invited to submit their observations in
writing on the admissibility and merits of the applications.
Agents are also invited to appear at public hearings and to
present oral argument. If the Chamber finds a violation of
human rights in a decision on the merits, it may order the
respondent Party or Parties against which the decision was
taken to take remedial measures and/or pay compensation. The
agents are responsible for informing the respondent Parties of
the Chamber's decisions and of their obligation to implement
fully the orders of the Chamber. Agents are also responsible
for reporting to the Chamber on the steps taken by the
respondent Parties to implement the decisions.
In March 2002, the agent of the Federation was removed from
office and a replacement appointed. In March 2003, the new
agent resigned and the following month an acting agent was
appointed. The agent for the Republika Srpska resigned in May
2002 and a new agent was appointed. Three agents represent the
State of Bosnia and Herzegovina in proceedings before the
Chamber. The agents for the Federation and the Republika
Srpska generally respond to requests from the Chamber for
written observations on the admissibility and merits of cases.
The State agents, however, almost never respond to such
requests. The agents attend almost all public hearings of the
Chamber in which they are a Party to the proceedings.
Under Article XI, paragraph 6, of Annex 6, the Parties must
"implement fully decisions of the Chamber". Generally speaking
the Chamber sets a deadline for the fulfilment of any order it
makes, running from the date of delivery of the decision or,
in the case of a decision taken by a Panel, from the date when
the decision becomes final and binding. The latter date is the
date of expiry of the time limit for the initiation of review
proceedings, or the date of completion of any review
proceedings initiated. It is also the practice of the Chamber
to order the respondent Party to report to it within a set
time limit on the steps taken to implement the decision. If an
adequate response is not received, the matter is taken up by
the OSCE, which took over the mandate for monitoring
compliance with the Chamber's decisions from the OHR in 2002.
The OSCE is also informed about all orders for provisional
measures so that the Parties' compliance with them can be
monitored as well.
By the end of March 2003 the Chamber had taken a total of 171
decisions on admissibility and merits (resolving 468
applications/cases), most of which required some action by one
or more of the respondent Parties. Most of the decisions
contained multiple orders. Of those 171 decisions, 95 are in
"full compliance", 28 decisions are in "partial compliance"
and 28 decisions are in "no compliance". In the remaining 20
decisions, the Chamber either concluded that there had been no
violation of human rights and hence no orders were issued, or,
if it did find a violation, it decided not to issue any