f coalition of civil society organisations for the purposes of advocacy work and continuing the dialogue process.
Solving the fate of missing persons
The Strategy recommends various activities that will contribute to speeding up the process of solving the fate of the missing persons, but which will also contribute to improving the status of the family of the missing persons
Some of the proposed activities are signing bilateral or multilateral agreements with neighbouring states, amending the Law on Missing Persons - particularly in relation to functioning of the Missing Persons Fund, institutional obligation to provide information on missing persons, method of exchange of information, and prevalence in application of the Law on Missing Persons - and amending internal regulations of the Missing Persons Institute (MPI) which will contribute to smoother functioning of the MPI.
A set of specific activities in this area relates to criminal justice, more precisely on amending of the BiH Criminal Procedure Code. For example conditioning plea bargaining with disclosing information about the missing persons and securing testifying of indicted in other process. The Stratefy also recommends amending the BiH Criminal Code with the purpose of prescribing enforced disappearance as an independent criminal act. At the end, the Strategy calls on providing support and building capacity of families of the missing persons and missing persons’ associations.
Investigative institutional mechanism for establishing facts about the past
The Strategy recommends establishing an investigative institutional mechanism for establishing facts about the past, but leaves exactly how it should function, powers it has, or its mandate, open for further consultation. However, participants in consultations for the creation of the S reached consensus that the future investigative body needs to:
- establish facts about the past and provide full descriptions of human rights violations;
- give findings on social, cultural, political and historical causes which led to human rights violations and their consequences;
- establish pattern of crimes;
- establish findings on institutional responsibility;
- establish a credible register on killed people;
- create a platform for public hearings of the victims and other participants in the conflict; and
- publish a public report with recommendations for reparations, memorialization, and institutional reforms.
When looking at the issue of reparations, the Strategy had two distinct approaches:
- Victims centred approach through activities that consider recognition of victims’ suffering, regaining of their dignity and re-socialization through redress for past injustice; and
- Development approach embodied in providing measures for the creation of new legislation, or amending existing laws, establishment of new institutions and building capacity of the current institutions which are mandated to provide services to victims but, also, to people in need in general.
By supporting the adoption of the Framework Law on Victims of Torture and Civilian Victims of War, the Strategy tries to overcome existing discriminatory practices, and lack of sustainability, embodied in different legislative approaches to civilian victims of war and war veterans
The proposed law, which is in line with recommendations of different human rights bodies, defines crucial notions such as civilian victims of war or victims of torture. It also outlines basic rights that victims should enjoy, as well how these rights should be attained.
In terms of rehabilitation, the Strategy develops measures regarding:
- Psychosocial support to victims and people in need through creating a sustainable referral system and strengthening existing institutions mandated to provide services of this kind, as well as amendment of relevant laws and policies;
- Employment of victims and disabled people for the purpose of achieving their economic independence and self-sufficiency;
- Creating programs for psychological strengthening and re-socialization of victims and disabled people t