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Democracy and Human Rights in South East Europe: Selected Master Theses

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Democracy and Human Rights in South East Europe: Selected Master Theses EUROPEAN REGIONAL EUROPEANMASTER’S DEGREEREGIONAL IN MASTER’SDEMOCRACY DEGREE IN DEMOCRACY AND HUMAN RIGHTS INAND SOUTH-EAST HUMAN RIGHTS EUROPE IN SOUTH-EAST EUROPE Sarajevo - Bologna Sarajevo - Bologna DEMOCRACYDEMOCRACYDEMOCRACYDEMOCRACY ANDAND HUMANHUMAN AND AND HUMANHUMAN RIGHTSRIGHTS ININ RIGHTSRIGHTS ININ SOUTHSOUTH EASTEASTSOUTHSOUTH EASTEAST EUROPE:EUROPE: EUROPE:EUROPE: SELECTEDSELECTED SELECTEDSELECTED MASTERMASTER THESESTHESESMASTERMASTER THESESTHESES ACADEMIC YEAR ACADEMIC YEAR 2012-2013 2012-2013 SOUTH EAST EUROPE: SELECTED MASTER THESES MASTER THESES SOUTH EAST EUROPE: SELECTED MASTER THESES SOUTH EAST EUROPE: SELECTED Ambasciata d’Italia Ambasciata d’Italia This project is funded This projectSara is jfundedevo Sarajevo A.Y. 2012-2013 DEMOCRACY AND HUMAN RIGHTS IN RIGHTS HUMAN A.Y. 2012-2013 DEMOCRACY AND IN RIGHTS HUMAN A.Y. 2012-2013 DEMOCRACY AND by the European Union The project was co-fundedby the by European Direzione Union The project was co-funded by Direzione Generale per la Cooperazione allo Generale per la Cooperazione allo Sviluppo of the Italian Ministry Sviluppo of the Italian Ministry of Foreign Affairs of Foreign Affairs EUROPEAN REGIONAL MASTER’S DEGREE IN DEMOCRACY AND HUMAN RIGHTS IN SOUTH-EAST EUROPE University of Sarajevo - University of Bologna DEMOCRACY AND HUMAN RIGHTS IN SOUTH EAST EUROPE: SELECTED MASTER THESES A.Y. 2012- 2013 MASTER THESES SUBMITTED IN PARTIAL FULFILLMENT OF THE REGIONAL MASTER’S DEGREE IN DEMOCRACY AND HUMAN RIGHTS IN SOUTH-EAST EUROPE IN OCTOBER 2013 SARAJEVO BOSNIA AND HERZEGOVINA 2013 THE EUROPEAN REGIONAL MASTER’S DEGREE IN DEMOCRACY AND HUMAN RIGHTS IN SOUTH-EAST EUROPE MASTER THESES SELECTED FOR PUBLISHING A.Y. 2012-2013 Publisher: The Center for Interdisciplinary Studies of the University of Sarajevo Istituto per l’Europa Centro-Orientale e Balcanica, University of Bologna Editor-in-Chief: Zdravko Grebo (University of Sarajevo) Stefano Bianchini (University of Bologna) Copyright: The European Regional Master in Democracy and Human Rights in South-East Europe Prepared and cover design: Sanel Memija Printed by: “Štamparija FOJNICA” d.d. Fojnica Copies 250 December 2013 This publication has been produced with the assistance of the European Union and the Italian Ministry of Foreign Affairs. The Content of this publication is the sole responsibility of the Centre for Interdisciplinary Studies of the University of Sarajevo and can therefore in no way be taken to reflect the views of the European Union or the Italian Ministry of Foreign Affairs. III IV PREFACE The European Regional Master’s Program in Democracy and Human Rights in South-East Europe is established through the joint efforts of eleven participating universities and research centres and is coordinated by the Centre for Interdisciplinary Studies of the University of Sarajevo and the Institute for the Central-Eastern and Balkan Europe of the University of Bologna. The Program is an educational activity that promotes the development and realisation of a generation of young people from the region of South-East Europe and the European Union. Its structure is defined in a way emphasising among its participants, both students and Faculty, a shared consciousness that the development of democracy and human rights in the region depends on a plural interdependence of factors. All of the relevant issues in South-East Europe, stability, democracy, and development are mutually correlated and influence each other which gives this common regional effort in addressing them more chance of success in a context of inclusive policies and in the framework of a wider European integration process. Much of the foundation for the establishment of the European Regional Master’s Programme had been laid down in the mid-1990s when a team of prominent Academic Faculty gathered around the idea of organizing region specific educational activities. Its first practical embodiment was the Cervia International Summer School, which started in 1995, and was supported by the European Commission. For the first five years of its existence, it provided the necessary background of specific teaching and research experience that subsequently moved to the region of South-East Europe once conditions allowed. The Master’s programme is co-financed by the European Union and the Italian Ministry of Foreign Affairs through its DGCS/UTL Offices. Its structure and academic content reflect on topical issues common for the region of South-East Europe and account for the wider conceptual framework of the process of European integration. Each year the Programme produces around 30 young graduates organized in an active Alumni Association (ACIPS) who find employment in national governments, national and international governmental and non-governmental organizations, think tanks, research institutes and universities within Europe. What follows are the best four Master Theses of academic year 2012/2013. The selection criteria adopted by the Academic Faculty of the Program include originality and relevance of the topic and the author’s argumentation, structure and clarity of the exposition, innovative approach and skillful academic engagement. They are an accessible material, which is a useful read for students of human rights and for all who are interested in the issues emerging from the processes of their protection and violation in the region of South-East Europe. We would like to use this opportunity to congratulate our graduates on successfully completing this Program and wholeheartedly thank the staff for their immeasurable support and enthusiasm for the past 12 years. V VI TABLE OF CONTENTS Julia Dowling FACING THE PAST IN PRIJEDOR: A CASE STUDY OF LOCAL TRANSITIONAL JUSTICE INITIATIVES .............. 1 Ajla Memišević THE OUTSIDERS: EDUCATION OF ROMA CHILDREN IN CROATIA ............................................................. 89 Jasna Pekić PROTECTION OF HUMAN RIGHTS OF ARMED FORCES PERSONNEL: CASE STUDY OF THE EXISTING NATIONAL MECHANISMS IN BOSNIA AND HERZEGOVINA AND MONTENEGRO ............ 189 Aarif Sarigat Abraham THE REVOLVING DOOR OF REFORM: ADDRESSING THE DILEMMA OF CONSTITUTIONAL CHANGE IN BOSNIA AND HERZEGOVINA ........................................ 263 VII Academic Year 2012/2013 Master Theses Selected for Publishing EUROPEAN REGIONAL MASTER’S DEGREE IN DEMOCRACY AND HUMAN RIGHTS IN SOUTH EAST EUROPE University of Sarajevo – University of Bologna FACING THE PAST IN PRIJEDOR: A CASE STUDY OF LOCAL TRANSITIONAL JUSTICE INITIATIVES MASTER THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE EUROPEAN REGIONAL MASTER’S DEGREE IN DEMOCRACY AND HUMAN RIGHTS IN SOUTH-EAST EUROPE BY JULIA DOWLING SUPERVISOR: PROFESSOR ZORAN PAJIC SARAJEVO, BOSNIA AND HERZEGOVINA 11 OCTOBER 2013 1 FACING THE PAST IN PRIJEDOR: A CASE STUDY OF JULIA DOWLING LOCAL TRANSITIONAL JUSTICE INITIATIVES Acknowledgements I would like to thank, first and foremost, the individuals who provided me with insight on their lives and the unique “life” of Prijedor through incredible, in-depth interviews. This research would not have been possible without the immense help of my two “fixers” and translators, Haris Subasic and Adis Hukanovic, who were also well- informed interview subjects and became good friends. Thank you to the Centar za Izgradnju Mira/Center for Peacebuilding in Sanski Most for hosting me during my research, keeping me sane and laughing throughout the summer. Huge thanks to my academic guides through the process, Professor Zoran Pajic and Alina Trkulja. I dedicate this modest work to the Prijedor’s Concentration Camp victims, survivors, and all those who were forced to flee because of violence and terror. Prijedorians passionate activism throughout the globe is an inspiration. I also dedicate this work to my mother, Abby Dowling, who has spent many a Skype call encouraging me in my studies and research. No part of this work may be reproduced in any form without the permission in writing from the author. 2 Academic Year 2012/2013 Master Theses Selected for Publishing Contents Acknowledgements .............................................................................2 List of Abbreviations ...........................................................................4 Introduction .........................................................................................5 Research Aims, Questions, and Framework .....................................7 Methodology: Research Methods, Constraints, Potential for Future Work .................................................................9 1. Literature Review and Theoretical Framework ........................12 1.1 Transitional Justice as a Product of the Liberal Paradigm ........16 1.2 The Global, Fourth Phase of Transitional Justice .....................18 1.3 Infighting and Victim Hierarchies: Complications of the Fourth Phase .........................................................................23 2. Prijedor Past and Present: The War and Civil Society’s Emergence ................................................................26 2.1 The War and Terror ...................................................................26 2.2 Return and Rebuilding ..............................................................31 3. Transitional Justice in Bosnia-Herzegovina ...............................36 3.1 Court Justice: How Judicial Mechanisms Remain Insufficient 36 3.2 Regional and National Efforts: Inertia and Skepticism ............41 4. Today’s Prijedor: Denial and Discrimination ...........................44 4.1 “Uncommonly Profound
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