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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 on 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”,
Aware that almost eight months have passed since the General
Elections were held and almost seven months since the Cantonal assembly was
established;
Noting that certain political stakeholders in the
Herzegovina-Neretva Canton, by their extremely irresponsible conduct, have
preferred their individual and party interests to the interests of citizens and
therefore abused the trust of their voters and citizens in general;
Deploring that, as a result of this irresponsible conduct of
the political stakeholders, executive authorities in the Herzegovina-Neretva
Canton have not yet been established and that a caretaker government has been in
place through that period;
Recalling that, at its session held at the level of Political
Directors in Sarajevo on 20 October 2006, the Steering Board of the Peace
Implementation Council welcomed the conduct of the 1 October election and called
for the completion of government formation as soon as possible.
Recalling the letter of the High Representative of 11 May 2007
addressed to the representatives of the respective political parties, in which
they were put on notice of the fact that the situation in the
Herzegovina-Neretva Canton is untenable and warned that the High Representative
may have to take certain measures to remedy such situation;
Convinced that the HDZ BiH, the SDA, the HDZ 1990 – HZ and the
SBiH as political stakeholders in Herzegovina-Neretva Canton must assume their
part of responsibility for the situation that proved to be highly unsatisfactory
in regard of the executive authorities in the canton;
Having in mind that, at a meeting with the representatives of
the political parties held in Mostar on 6 June 2007, the relevant political
stakeholders gave assurances to the High Representative that the Cantonal
Government would be appointed without delay and agreed upon a schedule to do
so;
Having considered, borne in mind and noted all the matters aforesaid, the
High Representative hereby issues the following:
DECISION
Amending the Decision on Suspending all Disbursements of
Budgetary Itemisations for party funding to the HDZ BiH, the SDA, the HDZ 1990 –
HZ and the SBiH from the budget of the Bosnia and Herzegovina, the budget of the
Federation of Bosnia and Herzegovina and the budget of the Herzegovina-Neretva
Canton and Reducing Party Funding to the HDZ BiH, the SDA, the HDZ 1990 – HZ and
the SBiH from the Budget of the Herzegovina-Neretva Canton of 29 May
2007
Article 1
Article 3 of the Decision Suspending all Disbursements of
Budgetary Itemizations for party funding to the HDZ BiH, the SDA, the HDZ 1990 –
HZ and the SBiH from the budget of the Bosnia and Herzegovina, the budget of the
Federation of Bosnia and Herzegovina and the budget of the Herzegovina-Neretva
Canton and Reducing Party Funding to the HDZ BiH, the SDA, the HDZ 1990 – HZ and
the SBiH from the Budget of the Herzegovina-Neretva Canton of 29 May 2007
(hereinafter: the Decision of 29 of May 2007) shall be amended and read as
follows:
(1) The Cantonal Legislature of the Herzegovina – Neretva
Canton shall confirm the candidates for the posts of Chairman and Vice-Chairmen
of the Cantonal Assembly not later than 7th June 2007;
(2) The political parties shall nominate and submit to the
Chairman of the Cantonal Assembly their candidates for the position of Prime
Minister not later than 11th June 2007.
(3) The Chairman of the Cantonal Assembly shall, after
consultation with the Vice-Chairmen, nominate the candidate for the position of
Prime Minister of the Herzegovina–Neretva Canton not later than 15th
June 2007.
(4) The Cantonal Legislature shall approve the Cantonal
Government not later than 22nd June 2007 or within two days of the
completion of the vetting procedure, whichever date comes later.
(5) Should the Legislature of the Herzegovina–Neretva
Canton fail to meet any of the deadlines provided for under Paragraphs (1)
through (4) of this Article, a further twenty percent (20%) of the budgetary
itemisation for the fiscal year 2007 for political party funding that is yet to
be disbursed to the HDZ BiH, the SDA, the HDZ 1990–HZ and the SBiH in the
Herzegovina-Neretva Canton shall be deducted on a weekly basis, effective
immediately, until such time as the Cantonal Government of the
Herzegovina–Neretva has been approved.
Article 2
Article 8 Paragraph 1 of the Decision of 29 of May shall be amended
and read as follows:
The amounts deducted pursuant to Article 3 of this Decision
shall be transferred to the budget item pertaining to the funds for social care
as follows: 614300 JAN014 (permanent financial assistance), 821300 (procurement
of equipment).
Article 3
This Decision shall enter into force forthwith and shall be published without
delay in the Official Gazette of Bosnia and Herzegovina, Official Gazette of the
Federation of Bosnia and Herzegovina and the Official Gazette of the Herzegovina
- Neretva Canton.
Sarajevo, 7 June 2007
Dr. Christian Schwarz-Schilling
High Representative
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