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In light of the persistent failure of the responsible politicians
to address the untenable situation of lawlessness and parallel structures in
Zepce and thus overcome the legacy of the Bosniac-Croat war in that area, there
is a requirement for a comprehensive and balanced set of arrangements that meet
the legitimate political, social, economic and security interests of the
parties. Therefore, under the powers vested in the High Representative in Annex
10 of the General Framework Agreement for Peace and reaffirmed by the Bonn,
Madrid and Brussels Peace Implementation Council, I issue the following
DECISION
on integrating the municipality of Zepce
Introduction
Since 1997 representatives of the international community, led by the Office
of the High Representative, have worked on finding an agreement acceptable to
all parties to break a triple deadlock in the Zepce area: a) to integrate two
parallel municipal administrations, b) to dismantle the institutions of the
former Croat Republic of Herceg-Bosna and integrate all of Zepce municipality
within the legal structures of Zenica-Doboj Canton, and c) to reach a compromise
solution on the demands of Croats, living in areas bordering Zepce municipality,
to be integrated with the latter.
The Federation Forum of 16 April 1998 noted that 'participants agreed that
the continued functioning of parallel municipalities after the establishment of
joint municipal authorities could not be tolerated. The Federation President and
the Vice-President will personally engage themselves in municipalities in all
cantons in which parallel administrations continue to exist, and ensure that
these will be united'. This has not happened within Zepce.
In December 1998 OHR Senior Deputy High Representative Hanns Schumacher
invited all parties to Final Status Negotiations on Zepce in January 1999. The
invitation notified all parties that prior to participating in this process they
had to accept the authority of OHR, in the case of a renewed failure to reach an
agreed solution, 'to make an arbitration of various aspects of the Zepce
conundrum'. All responsible parties participated in the negotiations, which
lasted from January to May 1999. No agreement was reached and provisional
solutions remain in place for the police and the judiciary. The administration
remains divided. Croat institutions in the north of Zepce are outside the legal
framework of the Canton.
It is the repeated failure of elected politicians to reach a solution by
themselves which prompts me to issue this Decision, in accordance with the
acceptance all parties have given to the principle of arbitration by accepting
the OHR invitation to final status negotiations in January 1999.
As citizens build their lives on the basis of legal institutions, the widely
used wartime and post-war terminology of Territory under Croat control and
Territory under Bosniac control must cease to have any concrete meaning. A mode
of thinking in which strategic planning, based on ethnic control of territory,
dominated and led to parallel administrations in divided municipalities must be
overcome to solve the problem of Zepce.
In addition to the Decision, and in order to facilitate the process of
political integration, I strongly encourage the Federation Ministry of Defence
to reduce the number of soldiers stationed in the Zepce municipality, either as
a part of the BiH 15% reductions to be achieved by 31 December 2000, or as part
of an overall repositioning of forces. The goal would be to have a maximum of
one company (non-combat) stationed in Zepce within three months of the date of
this Decision. The level of reduction achieved will be a significant factor in
my judgement on full and final implementation of this Decision.
Implementation
- Within one month of the date of this Decision, all tax payments
will go from the former Croat part of Zepce to the cantonal treasury in
accordance with the relevant legislation. The present branches of the ZAP and
ZPP operating in Zepce and Begov Han will be merged into one branch in Zepce
town and will conduct all transfers of funds through the Zenica ZPP office.
- Given the special nature and responsibilities of Zepce municipality, the
percentage of the revenue that the canton will return to Zepce municipality
will be at least 10 percent more than that returned to the average
municipality in the canton, unless agreed differently between the Canton and
the Mayor and Deputy Mayor of Zepce following the next municipal elections.
- Within three months of the date of this Decision all of Zepce's
territory will be fully integrated within the cantonal system of forestry
administration. Sume Herceg-Bosne will cease to operate on the territory of
Zepce municipality from that date unless licensed by the legitimate Federal
and Cantonal authorities.
- Within one month of the date of this Decision the municipality of
Zepce will cease to be a shareholder in any public company associated with the
Croat Community of Herceg-Bosna, including Elektropriveda Herceg-Bosna. OHR
will develop a strategy for the integration of public utilities in the Zepce
area to be implemented in the course of the next year.
- Within one month of the date of this Decision all contributions for
health insurance for all citizens will be paid in accordance with the relevant
cantonal legislation to the cantonal fund. The board of the Zepce community
health centre will draw up a staffing plan within three months of the
date of this Decision to offer re-employment for Bosniac and Serb
professionals who worked in the medical sector in Zepce before the War.
- All curricula presently used in Zepce municipality will remain legitimate
in a unified municipality, as long as this is not in violation of the relevant
Federation legislation. All schools presently on the territory of Zepce
municipality will continue to be financed by the cantonal authorities. Any
changes to this would have to be agreed by the cantonal administration and by
the Mayor and Deputy Mayor of Zepce municipality following the next municipal
elections.
- The following inhabited settlements (naseljeno mjesto) presently part of
the municipalities of Maglaj and Zavidovici will be included in Zepce
municipality, on an interim basis, from the date of this Decision: Adze, Pire,
Ponijevo, Matina, Ljubatovici, Grabovica, Custo Brdo, Komsici, Radunice,
Globarica (presently in Maglaj); Brankovici, Donji Lug, Gornji Lug, Vrbica,
Debelo Brdo, Osova, Viniste and Gornja Lovnica (presently in Zavidovici). All
other parts of Maglaj and Zavidovici municipalities will remain fully
integrated within their new boundaries.
- Police and Judiciary. While the new Zepce Municipal boundary, as specified
in this Decision, will be declared only when the International Review Panel
has provided its assessment to the High Representative as per paragraph 11,
the Zepce police and Minor Offence and Municipal Courts will exert
jurisdiction within the new area as per paragraph 7, as of the date of this
Decision. Cases that are currently being prosecuted and those that are pending
at the Minor Offence and Municipal Courts will be completed by those
authorities. Should the necessary conditions of this Decision not be fulfilled
within the required time-frame, the Zepce police and the jurisdiction of the
respective Courts will, by a further Decree of the High Representative, revert
to the current boundaries of Zepce Municipality. The Minister of Interior and
Minister of Justice of the Zenica-Doboj Canton are to work with UNMIBH to
achieve, within two weeks of the date of this Decision, the following,
as well as any other needs identified by UNMIBH, all without prejudice to the
final decision of the Review Board:
(1.) The Police Administration (PA) in Zepce
will, as stated above, exercise immediate jurisdiction in all aspects of
policing over the area specified in this Decision and is to complete all
necessary administrative re-dispositions within two weeks. Zavidovici and
Maglaj PAs are to make appropriate territorial and administrative adjustments
within the same timeframe
(2.) The Novi Seher Police Department (PD) is to cease immediately issuing
official documents to citizens, close the issuing office, and transfer this
function, in accordance with the boundary re-alignments, to Maglaj and Zepce
PAs respectively within two weeks of the date of this Decision. Novi
Seher PD is also to be reintegrated within Maglaj PA within two weeks of the
date of this Decision.
(3.) The Maglaj PA, Zavidovici PA, and Novi Seher PD, are to transfer
immediately all necessary documentation to Zepce PA to enable its police and
document issuing office to service all citizens within the area specified in
this Decision
(4.) The Zepce PA will continue to use the stamp authorised by UNMIBH and
issued by the Ministry of Interior of the Zenica-Doboj Canton
(5.) The Minor Offense Courts, Municipal Courts, and Prosecutors in Zepce,
Zavidovici, and Maglaj Municipalities are to assume immediately
respective
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