H.Doc.108-92 EMERGENCY REGARDING PROLIFERATION OF WEAPONS OF MASS DESTRUCTION ...

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108th Congress, 1st Session - - - - - - - - - - - - - House Document 
108-91
 
 REPORT ON BOSNIA AND UNITED STATES FORCES IN NATO-LED STABILIZATION 
                                 FORCE

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

A REPORT ON PROGRESS MADE TOWARD ACHIEVING BENCHMARKS FOR A SUSTAINABLE 
                PEACE PROCESS IN BOSNIA AND HERZEGOVINA

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


   July 7, 2003.--Referred jointly to the Committee on International 
Relations, Armed Services, and Appropriations and ordered to be printed
                                           The White House,
                                          Washington, July 3, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with the Levin Amendment to 
the 1998 Supplemental Appropriations and Rescissions Act 
(section 7(b) of Public Law 105-174) and section 1203(a) of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261), I am providing a report 
prepared by my Administration on progress made toward achieving 
benchmarks for a sustainable peace process in Bosnia and 
Herzegovina.
    This eighth report, which also includes supplemental 
reporting consistent with section 1203(a) of Public Law 105-
261, provides an updated assessment of progress on the 
benchmarks covering the period January 1 to June 30, 2003.
             Sincerely,
                                                    George W. Bush.
   Report on Bosnia and U.S. Forces in NATO-Led Stabilization, Force

    This document is divided into two parts, consistent with 
two separate Congressional reporting provisions concerning 
NATO-led Stabilization Force (SFOR) operations and developments 
in Bosnia and Herzegovina (BiH). Part I addresses the 
provisions of section 7 of Public Law 105-174 and outlines the 
latest developments in our continuing efforts to achieve a 
sustainable peace in BiH. Part II addresses the supplementary 
reporting provisions contained in section 1203(a) of the 
National Defense Authorization Act for Fiscal Year 1999. These 
two reports are submitted in a single document to afford 
Congress a broad and comprehensive assessment of developments 
in BiH from January through June 2003.

                                 Part I

                           MILITARY STABILITY

    Aim: Maintain Dayton cease-fire and strengthen state-level 
defense apparatus.
    The military security situation in Bosnia and Herzegovina 
(BiH) remains calm. Breaches in the Dayton cease-fire or the 
resumption of war are unlikely. During the reporting period, 
BiH and Serbia and Montenegro (SAM) continued to build upon 
normal diplomatic relations. Belgrade stopped salary payments 
to officers of the Army of the Republika Srpska (VRS) in March 
2002. A handful of VRS officers continue their studies at 
military academies of the Army of Serbia and Montenegro (VSCG). 
No new students have been accepted in at least 2 years and all 
remaining VRS students are expected to complete their studies 
soon. Serbia and Montenegro have honored its pledge to 
substantially end salary and other payments to the VRS. The 
cultural affinity that the VJ/VSCG once felt for the VRS has 
weakened over time. The United States has no reason to believe 
that illicit support will resume on an institutional level. The 
United States continues to encourage the two separate armies to 
support and advance the full implementation of the Dayton 
Accords.
    Following revelations of illicit transfers of military 
equipment from the Bosnian Serb firm ORAQ to Iraq and VRS 
espionage against SFOR and other members of the international 
community, the Serb member of the BiH Presidency resigned on 
April 2 under pressure from the international community.
    As a result of the ORAO revelation, the High Representative 
also mandated a series of defense reforms, which are to be 
implemented by December 31, 2003. The reforms required include: 
establishment of a Defense Reform Commission (DRC) to bring 
about state-level, civilian command and control of the military 
in BiH; significant downsizing of troops and armaments in both 
entities; a comprehensive state-level defense law; greater 
state-level control over arms production and export; and, 
eventually, a state-level army. Initial meeting of the DRC, 
chaired by former United States Assistant Secretary of Defense 
James R. Locher, surpassed expectations. Representatives of all 
three ethnic groups agreed on the need for a phased approach to 
establish democratic, civilian command and control at the state 
level. In particular, the RS has moved its position 
considerably on these issues, likely a result of recent policy 
changes in Belgrade following Serbian Prime Minister Djindjic's 
assassination. For the first time since Dayton, BiH is on the 
threshold of developing a state-wide defense structure that 
will lead to increased security for the country as a whole, 
rather than the existing construct of two mutually opposing 
armies in one state. The constructive atmosphere of the first 
DRC meeting suggests a high degree of local support for the 
reforms, even from several key leaders of the RS. The Bosnians 
will probably need assistance to implement many of the defense 
reforms being discussed, such as a state-level defense-type 
ministry and general staff. However, if fully implemented, 
these reforms will greatly enhance BiH's ability to meet its 
own goal of joining NATO's Partnership for Peace in July 2004--
a goal that seemed unrealistic in 2002.

                  PUBLIC SECURITY AND LAW ENFORCEMENT

    Aim: Restructured and democratic police forces.
    The European Union Police Mission (EUPM) replaced the U.N. 
International Police Task Force (IPTF) on January 1, 2003, with 
a 3-year mandate to ``monitor, mentor and inspect'' police in 
Bosnia and Herzegovina. With about 500 police monitors and 70 
civilian personnel, the EUPM is more limited in scope and 
mandate than was its predecessor. Monitors are co-located with 
senior officers at state and entity levels, as well as canton 
headquarters in the Federation and major Public Security 
Centers in the RS. Although, the EUPM Commissioner does not 
have the authority to certify or remove officials for 
noncompliance,the High Representative established a mechanism 
to remove officials at the recommendation of the EUPM commissioner. The 
EUPM has taken some initiatives to strengthen local capacity to combat 
organized crime, including human trafficking, as well as to develop law 
enforcement institutions.
    With the full deployment of the State Border Service (SBS) 
in October 2002, illegal migration to and through Bosnia has 
continued to fall. Figures released in early 2003 show that the 
number of arriving passengers ``unaccounted for'' at the 
country's airports has fallen to less than five percent of what 
it was 2 years ago. A computerized watch-list, established with 
United States Government assistance, is now operational at all 
airports and has resulted in over 50 interdictions of criminal 
suspects. The system is now being extended to key overland 
crossings.
    Since its establishment in 2002, the State Information and 
Protection Agency (SIPA) has thus far failed to deploy. 
Responsible for both dignitary protection and coordination of 
nationwide information-gathering on criminal activity, it lacks 
funds, adequate facilities and trained staff. Less than 50 of 
572 positions had been filled as of June, and the organization 
still had no headquarters building. The current state-level 
government is more receptive to the idea of giving SIPA greater 
executive authority, but has thus far not provided the 
necessary funds and other support needed for even limited 
operations. The Office of the High Representative (OHR), EUPM 
and the United States Mission in BiH have pressed the 
government to act quickly to transform SIPA into a robust 
State-level investigative agency to back up the newly formed 
State Court and Prosecutor's Office.
    An OHR-mandated reorganization of the state government 
included creation of a Ministry of Security. The exact role of 
this ministry has yet to be defined clearly, particularly the 
degree of influence it might have over operations of the 
independent, state-level law enforcement agencies, SBS and 
SIPA. The ministry recently formed a counterterrorism working 
group, consisting primarily of state and entity ministers or 
their representatives, but has otherwise focused on its 
internal organization and procedures.
    Police forces in both entities are consolidating rules and 
procedures adopted in 2002 as a condition for receiving U.N. 
certification from the IPTF. These include measures for 
personnel evaluation and discipline, greater coordination with 
state and entity counterparts and standard operating 
procedures. Senior police officials have also pressed 
government leaders to redress salary imbalances between 
different police forces. While coordination and performance at 
the top level has improved in recent months, continued 
incidents of violence in certain areas--particularly returnee 
communities--point to the need to improve standards at the 
local level. Continued reports of official misconduct also 
showed the need for greater attention by professional standard 
units. RS police acted professionally to deter public security 
threats before and during a large burial ceremony conducted in 
March by relatives of victims of the 1995 massacre in 
Srebrenica. The Federal Interior Ministry took significant 
steps to integrate operations among all canton police, 
including those controlled by hard-line nationalist governments 
in western Herzegovina.

                            JUDICIAL REFORM

    Aim: An effective judicial reform program.
    The High Representative's reform program to review all 
judicial and prosecutorial positions subject to open 
competition, supervised by the newly created High Judicial and 
Prosecutorial Councils (HJPCs), continued during the reporting 
period. The HJPCs began work in September 2002 and consist of 
Bosnians and internationals. They conduct the reappointment 
process and oversee the restructuring and training requirements 
of the justice system.
    The judicial reform process should take approximately 
another year to complete, with the aim of creating a truly 
independent judicial and prosecutorial system by mid-2004. The 
Independent Judicial Commission (IJC) continues to focus on its 
core tasks of restructuring and rationalizing the court system 
and providing to the HJPCs detailed background information on 
all candidates for the judicial positions. The OHR Rule of Law 
Department is assisting in the development of new legislation, 
coordinating legal training provided by the international 
community in BiH, monitoring returns, and coordinating with 
other programs by non-governmental organizations.
    Successful execution of judicial reforms is critical to 
establishing the rule of law and the confidence of all citizens 
of BiH, regardless of ethnicity, in the domestic court system. 
Additional focus must be concentrated on the local financing of 
the judiciary. The legislative and executive branches of 
government must provide necessary funding without delay or 
obstruction. The restructuring of the courts and prosecutors' 
offices is designed to reduce costs and rationalize them 
inaccordance with European and international norms. Currently, 
financing of the judiciary occurs at a cantonal or entity level and is 
inconsistent.
    In January, the High Representative imposed new state-level 
criminal procedure and criminal codes, which were subsequently 
passed by the BiH parliament. The codes will take effect in the 
RS on July 1, but the Federation has not yet adopted the new 
codes. The United States Government has taken the lead in an 
international effort to train judges, prosecutors and police in 
use of the new criminal procedure code.
    On March 1, 2003 the state-level ``Law on Protection of 
Witnesses Under Threat and Vulnerable Witnesses'' entered into 
force throughout BiH. The law defines which witnesses are 
entitled to protection, outlines procedures the State Court and 
the State Prosecutors Office must take to ensure witness 
anonymity, and sets down the defense's options for appealing 
the status of a protected witness.
    The newly established State Court and State Prosecutors 
Office are fully operational. In May, the State Court 
pronounced its first verdicts. Judge Salem Miso sentenced Tea 
Tanovic to 1 year imprisonment, and Iva Misic received 6 months 
imprisonment, both for bank fraud, after both pleaded guilty 
during pre-trial hearings.

         ILLEGAL INSTITUTIONS, ORGANIZED CRIME, AND CORRUPTION

    Aim: Building up local capacity to combat organized crime 
and corruption and the dissolution of illegal pre-Dayton 
instructions.
    The bellwether event during the reporting period was the 
first utilization of the new state-level criminal justice 
system to prosecute suspected kingpins of a major organized 
crime network. RS police arrested four persons in the Prijedor 
area, all of whom were arraigned on May 10 at the State Court 
in Saraevo for violations of the human trafficking provision in 
the recently enacted state criminal code. These four remain in 
custody at a State Court holding facility, while arrest 
warrants are outstanding for three others. The country's first 
nation-wide investigative task force--focusing on human 
trafficking--has continued its work, now with guidance from the 
State Prosecutor's Office. Until the State Information and 
Protection Agency becomes fully operational, with increased 
authority, coordination of this type of investigative work will 
remain the responsibility of entity law enforcement agencies.
    One long-running organized crime case, involving the head 
of a family who diverted funds from the BH Banka and other 
local enterprises, reached a denouement in February. A Sarajevo 
court convicted Alija Delimustafic of planning and organizing 
the kidnapping of another Bosnian citizen in Germany in October 
1996. Delimustafic was sentenced to 4 years in prison. The 
maximum sentence under Federation law is 10 years.

                              MEDIA REFORM

    Aim: Politically independent media and an apolitical 
telecommunications regulatory authority.
    Media outlets continued their attempts to achieve economic 
viability in an oversaturated media market with limited 
success. Again, media experienced a mix of positive and 
negative developments in 2003.
    On the positive side, the Mreza Plus network of independent 
commercial television stations has made donor requested 
management revisions that should allow it to operate more 
efficiently. Mreza Plus is also scaling back its joint news 
project proposal to meet donor funding limits; the first phase 
of the project should begin by the end of this year.
    The Communications Regulatory Agency (CRA) continues to 
establish itself and develop the abilities of its local board 
members despite political controversy and financial 
interference. For 2 years running the previous government 
attempted drastic cuts in CRA's budget spending authority, 
including line item closeouts in program expenses. OHR, with 
the United States mission, is currently examining legal and 
constitutional options to reverse this year's decision and 
protect CRA against future politically motivated interference.

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