In the exercise of the powers
vested in me 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 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;
Considering High Representative Decision
no. 81/01 of 11 January 2001 (Official Gazette of Bosnia and Herzegovina no.
2/01 of 29 January 2001), pursuant to which an application may be made to the
High Representative to resolve an issue concerning a vital interest of a
constituent people or of Others;
Noting that an issue has been raised as
to the draft budget of the Republika Srpska and as to the adequacy of the sum
budgeted for the year 2002 in respect of the return of refugees and displaced
persons to their pre-war homes;
Noting further that an issue has likewise
been raised as to the extent to which sums budgeted for such returns in 2000 and
2001 were duly expended;
Determined to promote the right of
refugees and displaced persons freely to return to their homes of origin as set
out in Article II.5 of the Constitution of Bosnia and Herzegovina and further
enshrined and regulated in detail in Annex 7 to the General Framework Agreement
for Peace in Bosnia and Herzegovina ("GFAP");
Convinced of the need to guarantee
without discrimination the right to return for all constituent peoples and other
citizens of Bosnia and Herzegovina throughout Bosnia and Herzegovina;
Considering that the right to return and
the right not to be discriminated against constitute a vital interest for all
constituent peoples and other citizens of Bosnia and Herzegovina;
Bearing in mind the responsibility
assumed by the Entities and by Bosnia and Herzegovina under Article II of Annex
7 of the GFAP, to create in their territories the political, economic and social
conditions conducive to the voluntary return and harmonious reintegration of
refugees and displaced persons, without preference for any particular group;
Concluding that financial resources must
be budgeted for and provided both at the Entity level and at the level of Bosnia
and Herzegovina in order to ensure the creation of such conditions.
Noting the terms of the draft budget of
Republika Srpska as presented to the Constitutional Commission of Republika
Srpska and that it has been announced that further funds for refugees and
displaced persons return shall be included in the draft budget.
Having considered and borne in mind all the matters aforesaid, I
hereby issue the following
