The aim of this study is to analyse the institutional problems which restrain the repatriation of refugees and displaced persons to and within Bosnia and Hercegovina with examples from the municipalities of Ilidza, Bosnia and Hercegovina. With intention to fulfil the aim of this study we will try to answer what problems that are connected to the Dayton Peace Agreement and how those problems impact the repatriation issue. Further we intend to discern what role the culture, values and norms play in the repatriation process. We also try to answer what formal institutional problems exist in BiH and what importance they constitute on the repatriation process. Finally we are discussing whether it is possible or not to institutionalise the repatriation process. The thesis is based on the interviews we made in BiH during the spring 2001. During the war in BiH, more than 2,3 million people were displaced from their homes. Each of the wartime regimes allocated abandoned properties and established complex legal and administrative barriers to return, designed to make the separation of the population irreversible. In this way the separation of the population was permanent. Several years of international efforts have achieved a legal framework that recognises property rights as they stood at the beginning of the conflict, and establishes a legal and administrative claims process for the repossession of the property. DPA is considered one of the most complicated peace agreements ever constructed and it consists of several objectives, which aim to uphold a tolerant and democratic constitutional state. There are several paradoxes connected to Annex 7 and the fact that both entities were allowed to have their own constitutions, in which they do not recognise each other constitutional rights, may seem peculiar when they at the same time are supposed to constitute one unity, one country. The federal bodies in the country began to develop before the national bodies were functioning. This has created inconsistencies between the different bodies and between the different legal frameworks and DPA still has a long way to go before being completely implemented. Ethnic nationalist feelings play an important role in political life in BiH and they constitute an effective impediment in the repatriation process. Nationalism has become a common element in the daily life in BiH. Thinking of that the entity constitutions refer to the citizens in the opposite entity as others shows how they perceive each other. After the war each ethnic group seems to concentrate on protecting their own rights, otherwise they will be lost. Citizens in BiH do not have the same constitutional rights in both entities and before this question is solved, a safe minority return is not possible. The functioning of the judicial system is an important factor in the repatriation process. A problem is that the laws are often contradictory or incomplete. This problem is visible on the local level, where politicians often do not know which law to refer to the result is that the local actors do not know how to interpret the laws and then they often do it arbitrarily or they just ignore the laws. The result is often a situation of passing the buck and the citizen stands powerless to the public officials’ demands. This problem is referred to as the state wall of administrative silence and it is a frequent phenomenon at the local level that severely delays the repatriation process. This attitude reciprocity has been common in both municipalities for a long time, as well as in BiH in general, which has resulted in a slow and inefficient repatriation process. Post-war Bosnia and Hercegovina finds itself at a crossroads between an antiquated mechanism that protects state authorities on the one hand, and a modern state institution that serves the citizens and protects their rights on the other. In BiH the new institutions imposed by external powers meet the old institutions, which still are powerful. Those are not synchronised in a way they should, i.e. the old structure or the structure leftover from the collapse of Yugoslavia impedes the new structure rather then collaborating with it. The issue of repatriation has been caught in a structural chaos and BiH has a long way to go before a non-political integration can become a reality.

Nation building is vital in post-war states to bring the people that have been at war together. To restore peace in a state, many different actors need to work together to bring stability, safety, and advancement to a new nation. There are several methods of nation building, and this thesis evolves around three of them. This is a qualitative study where three theories on nation building are used to analyze the development of nation building, and the obstacles Bosnia and Herzegovina still has to reach a national identity. Several studies are used in this thesis to show how the development has evolved in Bosnia and Herzegovina. The method consisted of searching in databases for peer-reviewed articles, finding documents from international actors, and statistics. This thesis reveals that Bosnia and Herzegovina still has a long way to go before it becomes an nation where the citizens feel united, no matter which ethnicity they belong to.

The master thesis deals with the role of NGOs in post-conflict reconstruction, the case study is applied to the post-war Bosnia and Herzegovina. The post-conflict reconstruction goes on since the end of the civil war in 1995 there. The aim of this work is to evaluate the fulfillment of the four pillars of the post-conflict reconstruction in Bosnia and Herzegovina. The first chapter follows the theory of peacekeeping operations and theoretical classification of the post-conflict reconstruction. In the second chapter, there is an application of the Dayton Peace Agreement on the four pillars of the post-conflict reconstruction. The third chapter deals with activities of NGOs in Bosnia and Herzegovina and presents some major projects and the overall assessment of their impact. For the methodology was chosen qualitative and quantitative evaluation and analysis and synthesis of data.

The civil war in Bosnia and Herzegovina, which took place between 1992 and 1995, is perceived as the most tragic conflict in Europe since the Second World War. The process of postconflict reconstruction has been running there for 17 years and there have been numerous actors involved. But still, the process has not been finished. The diploma thesis deals with the question of the role played by particular involved actors in the process of postconflict reconstruction. In the first part of the thesis the theoretical framework of postconflict reconstruction is presented. In the second part the contemporary situation in Bosnia and Herzegovina and the Dayton Peace Agreement are outlined. The third part fully focuses on the analysis of particular groups of actors. Three groups of actors are analysed: the international community, the local ruling elite and the international and local nongovernmental organisations. The aim of this work is to identify the objects of those actors in the process of postconflict reconstruction and consequently to evaluate their opportunities to achieve those goals. The SWOT analysis is applied to analyze the role of the actors.

"This work is arranged into six chapters. Beyond the introduction, chapter two highlights atrocities of the war and evaluates the diplomacy process, which eventually resulted in the creation of the TRC. It briefly examines the Abidjan and Conakry Peace Plan and specifically elaborates on the Lome Peace Accord, which finally culminated in the promulgation of the Truth and Reconciliation Act of 2000. The human rights and humanitarian law dimension of the conflict will also be addressed. Chapter three gives a general description of truth commissions and analyse the TRC with specific refernce to its structure, function, jurisdiction, mandate, proceedings, evidence, and its investigative methods, which is the backbone of the Truth Commission. It will aslo assess whether naming names would be a potent tool for the Commission to bring perpetrators to shame. From a human rights perspective chapter four address issues such as healing and reconciliation, truth, forgiveness, and assesses whether they are effective remedies for human rights violations. The issue of amnesty, especially Article IX of the Lome Peace Accord, will be evaluated. This chapter will also discuss the issue of impunity. Chapter five deliberates on the relationship between tribunals and truth commissions generally and specifically elaborate on the TRC and the Special Court with specific reference to their legal framework, composition, jurisdiction, information sharing, and whether both institutions serve as accountability mechanisms. Chapter six concludes the dissertation by determining whether or not there are any lessons one can learn from the Commission. It closes by making recommendations for the smooth functioning of the Commission and how it can effectively contribute to the needs of traumatised societies." -- Chapter 1. / Prepared under the supervision of Dr. Jean Allain at the Department of Political Sciences, School of Humanities and Social Sciences, the American University in Cairo, Egypt / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Do peace agreements have an effect on police misconduct? This thesis researches the impact of peace agreements on police misconduct in post-conflict settings, focusing specifically on the occurrence of police misconduct following the 2016 peace agreement between the Colombian government and FARC-EP. The study aims to determine whether peace agreements can lead to a reduction in police misconduct due to their transformative potential in reshaping police practices towards a human rights-aligned framework. By employing a large-n quantitative analysis on an original dataset, this research examines the relationship between peace agreements and police misconduct through various regression models. Findings suggest that the implementation of peace agreements correlates with a reduction in police misconduct, supporting the hypothesis that such agreements extend beyond the formal ending of the conflict by catalyzing a realignment of policing practices towards a more human rights-aligned framework. I argue this transformation, combined with strengthened accountability and oversight mechanisms, results in a shift in police conduct. This study fills a critical gap in the literature on post-conflict settings and offers empirical evidence on the broader implications of peace agreements on state institutions, particularly policing bodies.

La justice transitionnelle est l’instrument juridique qu’a permis á la Colombie comme État, de sortir d’un long période de conflit armé et d’instaurer la paix dans son territoire. Cet outil utilisé par le gouvernement colombien et qui développe mécanismes juridiques et politiques appliqués dans ses processus de paix, doit être analysé sous différents angles. La première partie fait une étude des fondements théoriques des droits qui composent la justice transitionnelle comme la vérité, la justice et la réparation selon les instruments internationaux et la jurisprudence constitutionnelle colombienne et internationale. Dans cette partie les mécanismes qui rendent ces droits effectifs sont également analysés. L’étude de la deuxième partie propose un regard sur les deux étapes de la mise en œuvre du modèle colombien de justice transitionnelle. Ces étapes ont été appliquées par différents gouvernements du pays et dans de circonstances différentes. Cette analyse part tout d’abord, sur le développement de la nommé Loi de Justice et Paix de l’année 2005, ses caractéristiques et difficultés dans le processus avec les paramilitaires, pour ensuite se consacrer à la seconde étape du modèle qui á été mise en place pour donner suite à l’accord de paix signé entre le gouvernement colombien et la guérilla des FARC en 2016. / The transitional justice is the legal system that allowed Colombia as a State to overcome a long period of armed conflict and to find peace. This system, used by the Colombian government to develop political and legal mechanisms applied to peace processes, must be analyzed from different angles. The first section studies the theoretical foundations of the rights that compose transitional justice, such as the truth, the justice and the reparation, according to international instruments and both the Colombian and international constitutional rulings. In this section the mechanisms that make effective the rights are analyzed equally. The study of the second section is a look at the two stages of the Colombian transitional justice model implementation. These stages were applied by different governments of the country and with different circumstances. This analysis is, on the one hand the development of the so-called Justice and Peace Law of 2005, its characteristics and difficulties within the process with the paramilitaries. On the other hand, the second stage of the model was consecrated to enable the development of the peace agreement signed by the Colombian government and the FARC guerrilla in 2016.

This study aims to investigate the democracy development i Bosnia and Herzegovina. Since 1995, when the Dayton Peace Agreement was signed, Bosnia has been undergoing an democratization, but despite that the country is still year 2017 classified as ”partly free”. In this study the democracy-enhancing factors: civil society and the political system are being related to the Dayton Peace Agreement and are tested against liberal democratic values and Consociational Democracy theory. This study is a qualitative case study and following questions are being looked into:   -       Which factors within the civil society and political system limit the democracy development in Bosnia and Herzegovina? -       To what extent does the Dayton Peace Agreement limit Bosnia and Herzegovina’s democracy development? -       To what extent is Bosnia and Herzegovina an Consociational Democracy?   The fact that Bosnia has a divided and multiethnic society puts a foundational ground for a possible consolidated consociational democracy. Furthermore, the functions of the civil society, political system and the Dayton Peace Agreement are being discussed and the shortcomings of each are being highlighted. The results of this study indicate that Bosnia’s long democratization development is primarly based on the unwillingness to cooperation between the three constitutional groups, the exclusion of minority groups and the Dayton Peace Agreement’s regulations on a political system that is not sustainable for a stable democratic state.

For the past two decades, statebuilding has been the object of a growing attention from practitioners and scholars alike. ‘International statebuilding’, as its dominant approach or model guiding the practices of national and international actors, has sparked numerous discussions and debates, mostly around its effectiveness (i.e. if it works) and deficiencies (i.e. why it often fails). Surprisingly, little efforts have been made to investigate what international statebuilding, in the multiple ways it is mobilized by various actors, actually produces on the political dynamics of the ‘fragile’ contexts it is supposed to support and reinforce. Using an instrumentation perspective, this dissertation addresses this gap by exploring the relationship between the micro-dynamics of the uses of international statebuilding instruments and the fragility of contexts. This exploration is articulated around five essays and as many angles to this relationship. Using the case of Hamas, Essay I explores the European Union’s (EU) terrorist labelling policy by questioning the nature and modalities of the enlisting process, its use as foreign policy tool and its consequences on its other agendas, especially its international statebuilding efforts in Palestine. Essay II examines a Belgian good governance incentive mechanism and sheds the light on the tension between the claimed apolitical and objective nature of the instrument and the politicization potential embedded in its design and modalities, naturally leading to a convoluted implementation. Essay III analyses the localization dynamics of transitional justice in Burundi and unveils the nature, diversity and rationale behind transitional justice subversion techniques mobilized by national and international actors, which have produced a triple form of injustice. Essay IV widens this scope in Burundi, developing the argument that the authoritarian trend observed in the 2010-2015 period did not only occur against international statebuilding but also through self-reinforcing subversion tactics of its appropriation. Finally, essay V deepens the reflection on appropriation by attempting to build a theory of regime consolidation through international statebuilding subversion tactics. Overall, the incremental theory building reflection of the essays converges towards the assembling of a comprehensive framework of the in-betweens of the normative diffusion of liberal democracy, the inner-workings of its operationalization through the resort to the international statebuilding instrument and the intermediary constraints or objectives of actors not only interfering with its genuine realization but also contributing to its antipode of regime consolidation, conflict dynamics and authoritarianism. / Doctorat en Sciences politiques et sociales / info:eu-repo/semantics/nonPublished

In July 1995, more than 8,000 young boys and men were executed by Bosnian Serb Forces in what was later declared a genocide in Srebrenica. In the following years, Bosnia and Herzegovina has undergone a long and difficult process of restoring peace and achieving justice and reconciliation. The country's main challenges have mainly concerned Dayton peace agreement and its division of entities and political power, tensions between parties and a structural exclusion of minorities. Following the extensive legal process, a national and international denial of the genocide, and denial of the legitimacy of the ICTY has been dominant. Other historical events like “Safe area” and UN action during the war and the occupation of Srebrenica are important factors for the development towards a democracy. The aim of this thesis is to investigate through a qualitative method the consequences of the denial of the Srebrenica genocide and its impact on the country's ability to achieve peace, justice and reconciliation. Other key concepts are sustainable peace, truth and justice in relation to human rights. Hannah Arendt's theories of total domination, tyranny and political revisionism constitutes the theoretical framework of the thesis. These theories are used to gain a deeper understanding of the concepts, their meaning and how they can be related to countries' transitional justice and achieve peace after serious war crimes. The study shows that the country is strongly affected by its history and the serious violations that the Bosnian Muslim population was subjected to during the war. The widespread denial of the genocide is an extension of suffering and human rights violations, which strongly impedes the country's ability to achieve peace, justice and reconciliation. Other results are that more knowledge is needed about the choice of legal methods after serious violations of humanitarian law. The methods discussed in the study are international tribunals and truth commissions and in which countries these are most adequate. The study has identified gaps in research regarding the understanding of the importance interpersonal relationships, dialogue and a smaller distance between political systems and citizens has for Bosnia & Herzegovina and for countries' recovery and reconciliation processes.