III OSCE
| Author | Arie Bloed |
| Published date | 01 March 1996 |
| Date | 01 March 1996 |
| DOI | http://doi.org/10.1177/092405199601400107 |
| Subject Matter | Article |
Human Rights News
policy into a coherent framework of an asylum convention. Also, the Commissioner called
for a cautious approach regarding the repatriation
of
refugees to Bosnia and Herzegovina.
Such returns should be organized in a coordinated and phased manner, within a
multilateral framework, and led by the United Nations High Commissioner for Refugees.
The Presidency-in-Office cited the decision to improve transparency
of
decision-taking in
the Council and, from now on, to publish the most important acts on asylum and
immigration, adopted under the Third Pillar, in the Official Journal. The Presidency cited
the problems which had prevented the Council so far to adopt a joint action on racism and
xenophobia due to British opposition. The European Parliament adopted a long resolution,
in which it expresses, inter alia, disappointment at the restrictive scope
of
the joint
position on the harmonized application
of
Article 1 of the 1951 Convention, and criticizes
the narrow interpretation
of
Article K 6 (consultation with the Parliament) as well as the
way in which the Council continues to adopt resolutions, recommendations, conclusions
and declarations, instruments not mentioned under Title VI
of
the Treaty.
The Secretariat General
of
the EU Commission prepared a Communication to the
Parliament and the Council on the possible application of Article K 9
of
the Treaty. This
article provides for the possibility
of
applying Article
lOO(C)
of
the Treaty to action in the
areas
of
asylum and immigration policy, thereby transferring (some) competence from the
Member States to the Community. Although the Commission has repeatedly stated its
support for such 'communitarisation'
of
asylum and immigration policy, for technical and
political reasons it favours an approach by which this issue is pursued in the context
of
the forthcoming InterGovernmental Conference rather than through an initiative based on
Article K 9
of
the Treaty. The Commission is
of
the opinion that in this way duplication
of work will be avoided, asylum policy will be reviewed in a more comprehensive manner
and the possibility
of
enhanced parliamentary control as well as a revision
of
the voting
system in Council will be addressed more effectively.
III OSCE
Arie Bloed
A.
The
OSCE
and
the Peace Arrangement in Bosnia-Herzegovina
The OSCE is in an 'explosive' mood: as a result
of
the Dayton agreements, which
hopefully will bring permanent peace to war-tom fanner Yugoslavia, the
OSeE
is
embarking upon a new phase in its existence. The Organization will be deeply involved
in the reconstruction
of
Bosnia-Herzegovina, in particular, with a role to play in the field
of
human rights, the organization
of
elections, and in questions of disarmament and arms
control. 'Physically' this is reflected in an explosion
of
the number
of
(temporary) OSCE
staff members and in a very considerable increase of the budget.
Elections and Human Rights
Elections must be held in Bosnia within 6 to 9 months
of
the signing
of
the Dayton
agreement. These are to be organized by the
oseE.
This is an enormous task and it is
certain that the mid-June date will be impossible. There are problems in registering voters
(who include the many refugees, displaced persons), compounded by the destruction
of
official records etc. The plan is to organize elections for a house
of
representatives for the
Moslem-Croat Federation, and a Bosnian Serb national assembly and presidency. The
composition
of
the Bosnia-Herzegovina parliament will be based on a two-to-one ratio,
81
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