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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 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 Art. 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”;
Considering Parliamentary Assembly Opinion No. 234 (2002)
of the Council of Europe on “Bosnia and Herzegovina’s Application for Membership
of the Council of Europe”, which lists adoption and implementation of revised
Entity Laws on Internal Affairs as a post-accession condition of Council of
Europe accession;
Bearing in mind Article 1(1) of Annex 11 of the General
Agreement for Peace in Bosnia and Herzegovina, which stipulates that the Parties
“shall provide a safe and secure environment for all persons in their respective
jurisdictions, by maintaining civilian law enforcement agencies operating in
accordance with internationally recognized standards and with respect for
internationally recognized human rights and fundamental freedoms…”;
Considering that, in accordance with Article 1(1) of Annex 11,
there is a need for a depoliticized police force in the Federation that operates
in accordance with the highest European standards;
Taking into account the need for a non-political police manager
who will be responsible for operational aspects of policing in the Federation
Ministry of Interior;
Bearing in mind the considerable progress that this Law has
made through the parliamentary process;
Having taken into account and considered the totality of the matters
aforesaid,the High Representative hereby issues the following
DECISION
Imposing the Law on Internal Affairs of the
Federation of Bosnia and Herzegovina
ashereinafter set out.
The Law which follows, and to which this Decision relates, shall enter into
force forthwith but on an interim basis until such time as the Parliament of the
Federation of Bosnia and Herzegovina adopts the same in due form, without
amendment and with no conditions attached. This Decision shall likewise
come into effect forthwith and both the Decision and Law shall be published
without delay in the Official Gazette of the Federation of Bosnia and
Herzegovina.
Sarajevo, 21 August 2002
Paddy Ashdown
High Representative
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