STATEMENT OF HENRY H. PERRITT, JR., PROFESSOR OF LAW, AND DIRECTOR OF PROJECT BOSNIA, VILLANOVA UNIVERSITY SCHOOL OF LAW, REGARDING RESULTS OF VISIT TO BOSNIA-HERZEGOVINA BY VILLANOVA PROJECT BOSNIA TEAM 16 August 1996 As the member of the Project Bosnia team who obviously has more experience in policy development and institutional reform, I would be remiss if I did not conclude by telling you about a problem. You have heard about the vision of Project Bosnia from my colleagues. Mr. Ingis told you that the establishment of Internet Service Providers is critical to the realization of the vision of an Internet-enabled Rule of Law in Bosnia-Herzogovina. I would like to talk about the policy implications of that proposition. One of the virtues of the Internet is its decentralized character. Legal institutions can exchange information through the Internet simply by connecting PCs to it and sending and receiving word processing files. They can do this only because someone else is doing the rest. The Internet changes the economics of information because it reduces the barriers to entry. The Internet is the quintessential competitive marketplace for information. The best way to get a number of Internet Service Providers set up is to harness the energies of private and public innovators. I am satisfied that the basic physical infrastructure is there for Internet access by legal institutions in Bosnia. Dialup lines, intercity connections, and international links are in place now or soon will be. The problem is not technological or physical; it is political - a choice between monopoly and markets. The problem is not economic. There is plenty of demand for Internet based communication in Bosnia. Even the demand for information exchange for legal institutions and the press by themselves could support one or more Internet Service Providers. As an economic matter, that there are incentives for small business to set up Internet access companies. The problem thus is one of basic telecommunications policy. Bosnia must shed its commitment to a monopoly market for telecommunications and join Western Europe and the United States in embracing competition for the exploding range of telecommunications options and services. Even if it takes time to work out a comprehensive telecommunications policy centered on competition - as it did in the U.S. and in Western Europe, the present monopoly must not be extended to Internet services. It may take time to move forward. But a commitment not to move backward can and should be made immediately. The Internet, a new technology, should not become a prisoner of policies now recognized as obsolete even for old technologies. There is much to be done to restore core telecommunications services. The PTT has limited resources. It should focus those resources on rebuilding the core, not on trying to do everything. Extending a telecommunications monopoly and holding off others who want to invest in building an Information Superhighway for Bosnia is not the way to build a civil society quickly. Ordinarily it would be arrogant for an American to express such definite views about the policy of another country, but the International Community has a stake in the climate for progress in Bosnia. America has a stake in what happens in Bosnia. America has a stake in the climate for building legal institutions and a civil society. It is appropriate for me to tell you that I know something about market structures for Internet development. I have written about it. I know something about development of telecommunications policy and law. I have written about that and served as a member of President's Clinton's Transition Team working on telecommunications. I know something about how to use the Internet to enhance public access to legal information and to enhance public participation in government. Based on this background, I conclude that an urgent priority for the International Community and for the United States Government is to encourage the Government of the Federation of Bosnia-Herzogovina to commit itself to allow competitive development of Internet Service Providers in Bosnia. The rest of the vision of Project Bosnia can then be realized more easily, maybe even as a matter of course in some institutional settings. With that realization, the World Community can move civil reconstruction forward. There is a second policy link: the link between Project Bosnia and the September elections: We want to put the Constitutional Court on the Internet. That is important, because the Constitutional Court symbolizes Law's mechanism for resolving disputes among the constituent parts of the Dayton Accords. We want to put the Ombudsmen on the Internet. That is important because the Ombudsmen symbolize Law's mechanism for protecting human rights. One of the necessary conditions for meaningful elections on September 14 is hope. You don't vote unless you have hope. Project Bosnia can contribute to hope for a Rule of Law. STATEMENT OF STUART P. INGIS, PROJECT MANAGER, PROJECT BOSNIA, VILLANOVA UNIVERSITY SCHOOL OF LAW 16 August 1996 We launched our project some eight months ago because we saw a unique opportunity for innovation to help in the implementation of the peace in Bosnia. It was our observation that a tremendous international effort was underway, but there was a small concrete contribution which could result in a disproportionately great impact. Our organization was uniquely positioned to do this. We at Villanova have been involved over the past few years in proving that Internet technology can promote civil societies. More specifically, the Internet has the ability to create, maintain, and foster a rule of law. In the United States, through the law school's Center for Information Law and Policy, we have connected all of the Federal Appellate Courts, and some eight hundred federal institution to the Internet. The logic behind this vision is simple. In order to have a civil society, Bosnia must have a rule of law. In order to have a rule of law, the legal community needs to exchange information, in order to exchange information the legal community needs to communicate effectively. Given the destruction in Bosnia, reprinting and distributing books is not the way to do this. The least expensive and most effective way to communicate is through the Internet. We have during our visit met with leaders of non-governmental organizations and the Bosnian Law Community who have been overwhelmingly supportive of our plan. We have many successes to date which we hope to build on from the results of our visit here. We have a shipment of 35 computers due here next month, and another 100 in storage back in the US. We have designed software and are close to completing connection of the nine constitutional court justices who sit in diverse locations. This will be the first "virtual court" in the world. We are working in conjunction with the American Bar Association's Central East European Law Initiative(CEELI), and with Eric Bachman, a true hero in proving technology's contribution to Peace by setting up the only existing e-mail network in Bosnia during the war. As we have been reminded so often during our visit, reconstruction is a long and detailed process. In our project some of the details include education, democratic reform, collection and distribution of computer hardware, and the creation of Internet service providers. While these details can be frustrating, they must be completed. For anyone to oppose the peace effort here is unacceptable. >From a more global perspective, which after all is the main attribute of the Internet, connectivity to the information superhighway is also one of the most important tools for a free press, international business and free markets, and the democratic exchange of ideas. We believe the people here want to and can make a peace last. Throughout the week, we explained that the implementation of these modern technologies and the international commitment to humanitarian principle demonstrate where we stand collectively as people at the turn of the millennium, and the fact that Bosnia will emerge from this war as a model city. No citizen or relief organization should let anyone tell them differently! STATEMENT OF WILLIAM J. SAUERS, VILLANOVA UNIVERSITY SCHOOL OF LAW, REGARDING RESULTS OF VISIT TO BOSNIA-HERZEGOVINA BY VILLANOVA PROJECT BOSNIA TEAM 16 August 1996 Project Bosnia aims at hastening development of a civil society. Development of a civil society is about politics. Politicians are important. The upcoming elections are an excellent example. They can ensure that the democratic process will take hold. But Bosnia is made up of people, and most of them want to go on with their daily lives. If the politicians and politicking can move Bosnia toward that goal, then it is an essential step on the road to a civil society. But when the political process keeps the people from achieving their goals it can change from empowering them to suppressing them. One of the most exciting aspects of Project Bosnia extends beyond law and legal institutions in the narrow sense. The Internet can make election campaigns engines of democracy instead of instruments of hatred. Internet connections can allow the people of Bosnia to move on, past the political juggernaut that led to war, by enabling dialogue, by allowing people in Bosnia to access the people of the world. The Internet can let the people of the world tell the people of Bosnia, "We want to know you as people, not just people whose political affiliation and ethnic identity must be protected." The Internet - the core of Project Bosnia - can ensure that politicians do not lose sight of the Bosnian people. STATEMENT OF MICHAEL R. HASWELL, , VILLANOVA UNIVERSITY SCHOOL OF LAW, REGARDING RESULTS OF VISIT TO BOSNIA-HERZEGOVINA BY VILLANOVA PROJECT BOSNIA TEAM 16 August 1996 The Internet functions as a library, a public forum, and a publishing house. In this way, the Internet can ease tensions arising from the difficulties with freedom of movement on two levels. First, the nature of the Internet is inherently global. An individual may travel "virtually" anywhere in the world with the click of a mouse. Second, and perhaps more importantly, the free flow of communication breeds understanding. Peaceful coexistence hinges on mutual respect. It is only through candid discussion and resolution, even if it is a resolution to disagree, that the Federation will thrive. During my five days in Sarajevo, indelible images of bullet holes and broken windows gradually subsided with every smile from a passerby. In fact, I often was overcome by the sea of people in the marketplace. Sidewalk cafes buzzed with the anticipation of reentry into the global theater. Sarajevans have endured tremendous hardship without losing hope, and I truly believe that this city is primed to serve as a model city for the next Millennium.