Levels of ethnic mistrust and hatred within the population remain high in the wake of the war with an estimated 250,000 dead and over one million refugees and displaced people. The fundamental rights and freedoms of the individual are still being ignored or abused daily, particularly with regard to refugees and displaced persons.

The Dayton/Paris Peace Agreement provides for the highest level of protection of internationally recognized human rights and fundamental freedoms in Annex 6, Agreement on Human Rights, and Annex 7, Agreement on Refugees and Displaced Persons. Annex 6 sets out the rights that all individuals should have according to the European Convention on Human Rights (ECHR) and its protocols. It further stipulates that The Commission on Human Rights is established to ensure that these rights are respected and to further the peace process. The Commission on Human Rights is an independent institution of the state of Bosnia and Herzegovina and is comprised of the Office of the Ombudsperson of Bosnia and Herzegovina and the Human Rights Chamber. The Office of the Ombudsperson investigates alleged or manifest violations of human rights as set out in the ECHR and its protocols, as well as any alleged discrimination in the enjoyment of rights set out in a number of other international instruments. The Human Rights Chamber is a judicial body that may issue final and binding decisions in cases where it has found human rights violations of the ECHR and other international agreements listed in the appendix to Annex 6 of Dayton. Annex 7 stipulates that the Commission for Real Property Claims (CRPC) be established to resolve property disputes and prepare the legal basis for the return of refugees and displaced persons to their homes. Its main role is to confirm property title thus re-establishing legal and social order and economic viability.

Both the Office of the Ombudsperson and the Chamber have addressed property rights, particularly occupancy rights and those involving JNA apartments. In addition, they can support the rule of law within Bosnia and Herzegovina, by ensuring incorporation of the ECHR and setting standard for independence and impartial considerations of cases. Despite gradual improvement and more responsible attitude on the part of the Bosnian authorities, the protection of human rights in Bosnia and Herzegovina is still inadequate, and human rights violations remain endemic. For this reason it is essential that the Commission on Human Rights receive adequate and stable funding to carry out the tasks envisaged by Dayton.

More than 10 MEURO has been allocated through EC programmes to support their functioning and activities. To date, the EC has contributed approximately 5.8 MEURO to the CRPC, 2.3 MEURO to the Human Rights Ombudsperson, and over 2 MEURO toward the Human Rights Chamber.

In 1998, the international community committed over $10 million to the Dayton institutions, of which the European Community pledged 50.6% to the three institutions.

In 1999 alone, and following the needs identified by the OHR, the Commission has allocated and contracted a contribution of 4.4 MEURO. This support, however, is conditional upon the definition of a clear strategy ensuring the long-term viability of the institutions. In particular, the government of Bosnia and Herzegovina will need to meet its own funding obligations to ensure the sustainability of these institutions. In order for Bosnia and Herzegovina to claim membership within the Council of Europe, the government must show its willingness to support the institutions in their protection of human rights and freedoms.