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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 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”;
Recallingparagraph 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”;
Recalling further Article I:1 of the said Annex 10, referring
explicitly to the promotion of respect for human rights and the return of
displaced persons and refugees;
Consideringthe emphasis placed by the Peace Implementation Council on
accelerating refugee return and on ensuring full and non-discriminatory
implementation of the property laws of Bosnia and Herzegovina;
Considering further the need to implement in the most efficient and
equitable manner legislation concerning repossession of property throughout
Bosnia and Herzegovina, and to ensure that the same is undertaken in a
harmonised manner in each Entity;
Noting that the Instruction on Review of Legality of Contracts on
the Use of Apartments Concluded and Revalidated After 1 April 1992 and On
Procedure On Determining the Rights on Revalidation of Contracts On the Use of
Apartments, which establishes further procedures for the revalidation, was
passed by the Ministry for Urbanism, Housing-Utility Affairs, Construction and
Ecology and the Ministry for Displaced Persons and Refugees and gazetted in the
Republika Srpska Official Gazette, No. 11/02;
Having considered and borne in mind all the matters aforesaid, I hereby issue
the following:
DECISION ON LIFTING OF A TEMPORARY FREEZE OF APARTMENT
PRIVATISATIONS
Article 1
The temporary freeze on privatisation of apartments based on new contracts on
use concluded or revalidated after 1 April 1992 provided by the Decision on a
Temporary Freeze of Apartment Privatisations (RS Official Gazette 65/01) is
hereby lifted.
Article 2
All competent authorities on the territory of the Republika Srpska shall
immediately begin implementation of the Instruction on Review of Legality of
Contracts on the Use of Apartments Concluded and Revalidated After 1 April 1992
and On Procedure On Determining the Rights on Revalidation of Contracts On the
Use of Apartments.
Article 3
This Decision shall be published without delay in the Official Gazette of the
Republika Srpska and shall enter into force on the date of such publication.
Sarajevo, 17 April 2002
Wolfgang Petritsch
High Representative
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