Decision 2 (51) on Bosnia and Herzegovina : Bosnia and Herzegovina. 18/08/97.
A/52/18,para.19. (Decision)

Convention Abbreviation: CERD
COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Fifty-first session

Decision 2 (51) on Bosnia and Herzegovina

1. The Committee on the Elimination of Racial Discrimination discussed the situation in Bosnia and Herzegovina in the context of the principles and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee reaffirmed its decisions 1 (48) and 1 (49), adopted with a view to offering its contribution to the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina drawn up at Dayton and signed in Paris on 14 December 1995.

2. The Committee notes with great concern that little progress has been made in the implementation of the Peace Agreement. Bosnia and Herzegovina remains a deeply divided country, with boundaries not very different from confrontation lines between the entities and with clear patterns of discrimination and separation based on national or ethnic origin, which is contrary to the basic principles of the International Convention on the Elimination of All Forms of Racial Discrimination.

3. The Committee is also deeply concerned that in spite of the guarantees in the Peace Agreement, annex 7, concerning the right of all refugees and displaced persons to freely return to their homes of origin, serious obstacles to return continue to exist in Bosnia and Herzegovina, and that property laws which conflict with the Peace Agreement remain in effect in the two principal entities of Bosnia and Herzegovina. In this connection, the Committee draws the attention of all parties concerned to its General Recommendation XXII (49), in particular paragraphs 2 (a), (b) and (c).

4. The Committee is profoundly disturbed that little progress is being made in the apprehension of persons indicted by the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia. The Committee again urges all parties to the Peace Agreement to comply with their obligation to cooperate fully with the Tribunal in fulfilling its task of bringing to justice all persons guilty of the serious crimes falling within its jurisdiction and, in particular, to execute forthwith all warrants of arrests and expedite the transfer of the persons indicted by the Tribunal.

5. The Committee decides to remain seized of the situation in Bosnia and Herzegovina under its agenda item on prevention of racial discrimination, including early warning and urgent procedures, and expresses the wish that the State party concerned will be present at the next examination of that situation.
1236th meeting
18 August 1997