In the exercise of the powers vested in the High Representative by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and Herzegovina, according to which the High Representative is the final authority in theatre regarding interpretation of the said Agreement on the Civilian Implementation of the Peace Settlement; and considering in particular Article II.1. (d) of the last said Agreement, according to the terms of which the High Representative shall “Facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, in which the Peace Implementation Council welcomed the High Representative’s intention to use his final authority in theatre regarding interpretation of the Agreement on the Civilian Implementation of the Peace Settlement in order to facilitate the resolution of any difficulties as aforesaid “by making binding decisions, as he judges necessary” on certain issues including (under sub-paragraph (c) thereof) “measures to ensure implementation of the Peace Agreement throughout Bosnia and Herzegovina and its Entities as well as the smooth running of the common institutions”;
Noting that the Assembly of the public enterprise “International Airport Sarajevo” issued, on 23 September 2005, a decision amending the Statutes of the enterprise to rename said enterprise as “International Airport Alija Izetbegovic”;
Further noting that such amendments to the Statutes of the public enterprise were further entered into the register of the Municipal Court in Sarajevo on 3 October 2005;
Recognizing that such a decision could affect the smooth running of the common institutions by emphasizing the fact that the “International Airport Sarajevo”, in spite of being the main international airport that serves Bosnia and Herzegovina’s capital, is located within and administered by one of its entities and reinforces a sense that the airport does not belong to and is not welcoming all constituent peoples;
Recalling reconciliation between the constituent peoples of Bosnia and Herzegovina is still fragile and could be undermined by the above-mentioned decision;
Noting that the Steering Board of the Peace Implementation Council, meeting at Ambassadorial level on 14 October 2005, issued a Statement calling for the decision to rename the “International Airport Sarajevo” to be revised, in a transparent manner and after consultation with representatives of all constituent peoples and Others;
Emphasising that the international image of a country is bound up with how its major transit ports operate and are perceived, both internally and externally; that there is a real danger that the other international airports in Bosnia and Herzegovina will now also be “ethnically renamed” and that it could be extremely damaging to Bosnia and Herzegovina’s external reputation if the country’s airports were to become “ethnic” airports;
Further emphasizing that the country’s major international airport, located in the capital Sarajevo, generates the first impression that the majority of visitors to BiH experience, and its modernity and neutrality is symbolic of post-war reconstruction and progress that BiH has made in the past 10 years;
Having considered, borne in mind and noted all the matters aforesaid, the High Representative hereby issues the following:
DECISION ANNULLING THE DECISION OF THE ASSEMBLY OF THE PUBLICENTERPRISEINTERNATIONALAIRPORTSARAJEVO CHANGING THE NAME OF THE ENTERPRISE
Article 1
The Decision No. 01-4947 of 23 September 2005 (hereinafter: “Decision”) issued by the Assembly of the public enterprise International Airport “Sarajevo” whereby the Statutes of the company was amended and the company was renamed as “Public company International Airport “Alija Izetbegovic” Ltd is hereby annulled.
Each and every legal acts or decisions as may have been taken to effect such Decision is hereby deemed to be null and void.
Article 2
This Decision shall enter into force forthwith and shall be published without delay in the Official Gazette of the Federation of Bosnia and Herzegovina .
Sarajevo, 14 October 2005Paddy AshdownHigh Representative