All change for Bosnia’s registrar

A new agreement will change the structureand the function of the Registrar’s office – and create a new advisory body called the Transition council.

Justice Report has discovered that the Bosnian presidency and the Office of the High Representative (OHR) will sign a new agreement on the structure and function of the Registrar’s office by the end of September 2006.

The authors of the agreement say that it will enable faster transition of state justice into a completely local institution, which, according to plan, should be finalised by 2009.

The OHR believes that the signing of the new agreement will make the Registrar’s office more of a Bosnian institution, as a new transition council that will oversee the process will be comprised solely of Bosnian citizens.

However, the two registrars – one for the court and for the prosecution – will be foreigners, at least for the first year. The council will also be monitored and advised by foreigners.

The agreement was initially supposed to be signed in August, but Justice Report has learned that a delay was caused by a number of documents going missing during discussions between the presidency and the OHR, and the signing was postponed until the new session of the presidency.

Once signed, the new agreement will automatically invalidate the original document, which established the institution in the region for the first time in 2004.

TWO INSTEAD OF ONE REGISTRAR

The agreement of the time formed a Registrar’s office led by one foreign registrar assisted by both local andinternational workers.

The term for such an establishment was five years but – as the former registrar Michael Johnson told Justice Report just before he left Bosnia and Herzegovina (BiH) at end of March 2006 – the speed at which transition is taking place enabled that deadline to be shortened, and allowed him to leave the office. In December last year, Johnson handed over a plan for further transformation ofthe Registrar’s office to the OHR.

In an interview for the Justice Report at the time, Johnson argued that registrar function could be ended prematurely because, in his view, it is not necessary for the functioning of the justice institutions.

The registrar post is not a common one. In BiH, the post was included to mirror the structure and functions of the International Criminal Tribunal for the former Yugoslavia in The Hague. Both The positions in both countries are not financed by the budget of one particular country, but are dependant on donations.

The Registrar determines the number of international judges and prosecutors, selects candidates for work within the court and prosecution, and offers administrative support to both institutions.The office assisted in collecting donations, and in aiding the transition of these state institutions in which foreigners still play a significant role.

Johnson suggested that this function would be taken on by an international “board of trustees” which would meet as necessary and have an advisory function and be charged with promoting the court and prosecution, in order to raise much-needed funds. The board would be financed from donor funds, which they would provide on their own.

However, this proposal was not approved by OHR. At the end of March, when Johnson left the position of registrar, the OHR did not appoint a replacement.

Instead, the new agreement splits the registrar function into two – one each for the court and prosecution.

“We did not want a foreigner to lead the office,” said Susan Wright, head of the OHR’s department for implementation of justice reform, adding that international staff will hold those positions for only one year at most – just another phase in transition from international to local administration.

Sulejman Tihic’s office as chairman ofthe Bosnian presidency interprets this part of the new agreement in a similar way. Tihic’s adviser Almir Sahovic said that although the registrar role is new in BiH, experience thus far shows that such an institution is very useful.

“Until now the Registrar played a very significant role and justified its establishment. We are all aware that that office is still necessary,” Sahovic said.

A COMPLETELY NEW AGREEMENT

OHR legal experts, advisors of the three members of the presidency and representatives of donor countries attended the meetings in which the new agreement was finalised. The original plan to amend the existing agreement was soon put aside in favour of a completely new one.

“I think that the first agreement was good at the time it was made. But some things are not necessary any longer,” Susan Wright said.

“Now we have a different situation, thanks to the first registrar. Since the very beginning it shared its responsibilities with others,” Wright told Justice Report.

The new agreement also anticipates establishment of a transition council that will have an advisory role and be responsible for coordination of transition of registrars, lobbying, international, and financial and other support to the court, prosecution and registrar itself.

As is written in the agreement, the following will sit on the council: Meddzida Kreso, president of the court of BiH; Marinko Jurcevic, head prosecutor; Registrars; Branko Peric; president of the High Court and Prosecution Council; state ministers of finances and justice; Osman Topcagic, director of the Directorate for European Integrations (DEI).

The directorate is involved in the process to make sure that the work of the state court and the prosecution is in accordance with European standards.

“The issue of justice and cooperation – as well as ensuring EU standards – is one of the issues that are with us on the way to EU during the negotiations on the agreement on stabilisation and accession,” Sahovic said.

The work of the transition council willbe monitored by two international experts – who, as is written in the agreement, will have only an advisory role. They will be jointly appointed by the OHR and members of the presidency.

Susan Wright said that the first registrar’s idea on the “board of trustees” was rejected in favor of this new one on the transition council, in order to give the local experts as much authority as possible.

“I don’t think that [Johnson’s] proposal was wrong, but I also don’t think that it is the best way. I think that this is the best way,” Wright said.

“I think that it is best for Bosnians to organise their business and for foreigners to only be observers who will help if necessary,” she concluded.

Tihic’s office describes the agreement asa step forward in the transition of justice. Spokesperson Sahovic pointed tothe Bosnian-only transition council and the possibility of having local registrars within a year as proof that transition is succeeding.

“The agreement is important for us because it represents a step forward in transition of justice from international into completely local, which is the objective of the entire process,” Sahovic concluded.