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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 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 the Peace Agreement throughout Bosnia and Herzegovina and its
Entities which “may include actions against persons holding public office or
officials…who are found by the High Representative to be in violation of legal
commitments made under the Peace Agreement or the terms for its
implementation”;
Recalling that, at its 12 June 2003 meeting, the Peace
Implementation Council Steering Board endorsed pledges made by Bosnia and
Herzegovina authorities in moving towards the integration of the school system
and stated its unanimous decision that the very existence of two schools under
one roof (“2/1”) is contrary to the principles set forth in the Education Reform
Strategy (“ERS”);
Noting that “2/1” is also clearly contrary to the Council of
Europe post-accession requirements for Bosnia and Herzegovina “to maintain and
continued reform in the field of education and to eliminate all aspects of
segregation and discrimination based upon ethnic origin”;
Applauding the overriding objective of the ERS to depoliticise
education, while creating conditions that will ensure equal access to a
high-quality, modern education throughout the country;
Fully Cognisant of the fact that, in order to achieve this
objective, all children must have access to quality education in integrated,
multi-cultural schools which are free from political, religious, cultural and
other bias and discrimination and which respect the rights of all children;
Recalling that the objective of these reforms is to end
wasteful bureaucratic duplication and free up resources for children and
teachers, and that said reforms have no impact onthe language of instruction or
the curriculum;
Recalling the Directive Suspending All Disbursements of
Budgetary Itemisations for Party Funding to the HDZ of 26 March 2004 that
resulted from the failure by competent authorities of the Central Bosnia and
Herzegovina-Neretva Cantons to implement instructions on administrative
integration in order to continue the Unification;
Deeply regretting the fact that the appropriate authorities of
Central Bosnia Canton have failed to take concrete decisions despite the public
statement made by the HDZ on March 24 2004;
Convinced that the HDZ Party figures have the power to overcome
this obstructionism, aimed at maintaining a segregated school system;
Having considered, borne in mind and noted all the matters
aforesaid, the High Representative hereby issues the following:
DIRECTIVE
Extending the Suspension of All Disbursements of
Budgetary Itemisations for Party Funding to the HDZ
Article 1
The 26 March 2004 suspension of all disbursements of budgetary itemisations
for political party funding to the HDZ in the Parliamentary Assembly of Bosnia
and Herzegovina, the Parliament of the Federation of Bosnia and Herzegovina and
Cantonal Assemblies of the Central Bosnia Canton, Western Herzegovina Canton,
Canton 10, Posavina Canton and Herzegovina-Neretva Canton shall remain in
effect.
The extension of the suspension provided for under the previous paragraph is
valid from 23 April 2004 until decided by the High Representative.
Article 2
In all other aspects, the Directive of 26 March 2004 shall remain
unchanged.
Article 3
This Directive does not require further procedural steps to be taken and
shall supersede any regulation or law which may be in contradiction with it.
Article 4
For the avoidance of doubt, it is hereby specifically declared and provided
that the provisions of the Directive contained herein are, as to each and every
one of them, laid down by the High Representative pursuant to his international
mandate and are not, therefore, justiciable by the Courts of Bosnia and
Herzegovina or its Entities or elsewhere, and no proceedings may be brought in
respect of duties carried out thereunder before any court whatsoever at any time
hereafter.
Article 5
This Directive shall enter into force forthwith and shall be published
without delay in the Official Gazette of Bosnia and Herzegovina, the Official
Gazette of the Federation of Bosnia and Herzegovina as well as the Official
Gazettes of all Cantons referred to under Paragraph 1 of Article 1.
Sarajevo, 28 May 2004
Paddy Ashdown
High Representative
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