PANEL AND WORKING GROUP THEMES: QUESTIONS FOR POLICY


THE FUTURE OF DEMOCRACY AND THE RULE OF LAW

Although the September 14 elections are a positive step towards democracy and the rule of law , they have also demonstrated the amount of work that remains to be done for Bosnia to become a fully functioning multi-ethnic state. The elections establishing a national government and two sub-states were dominated by nationalists (see chart). Alija Ize tbegovic, leader of the Muslim dominated Party of Democratic Action, has emerged as the first chairman of BosniaÕs three-person national presidency. His co-presidents, Kresimir Zubak and Momcilo Krajisnok, are both nationalists with strong ties to Croatia and Serbia respectively. As such, it remains to be seen whether the institutions envisaged in the Dayton accord will be viable. The first major obstacles to the rehabilitation of Bosnian democracy and the rule of law are expected to be refugee repatriati on and the issue of war crimes. There is growing recognition that peace can only be sustained if it is combined with some measure of justice, but resolving these issues may well thwart BosniaÕs political and social reconciliation.


Questions for Policy



Democratic Development:

  • What precedent do these elections establish for the rule of law and democratic development?

  • What steps can be taken and by whom to promote the stability of Bosnia Õs political institutions?

  • How can the international community foster democratic development in situations of scarce resources, limited government capacity and ethnic rivalry?

  • What comparative advantage does Canada offer the intern ational coalition seeking to support the former Yugoslavia and, in particular, Bosnia?

  • Within the context of the September elections, should the international community be responsive to separatist aspirations?

  • Should sanctions be used by the international community to hedge against the break-up of the Bosnian state?



    Reconciliation and Justice:

  • To what extent is the reconciliation process dependent upon the identification and punishment of people who have committed war crimes?

  • What should be the on-going relationship between NATO and the international war crimes tribunal?

  • How can human rights principles and the rule of law be most effectively promoted in countries which ha ve experienced atrocities and widespread abuses over a period of many years?

  • At what stage of the peace process should the issue of refugee repatriation be addressed?

  • What progress is being made on issues of restitution and the ret urn of displaced populations?

  • Does the Dayton accord simply buy time until a more comprehensive and sustainable settlement can be reached? What are the prospects of such a settlement?