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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 implementation of the Peace Agreement throughout
Bosnia and Herzegovina
and its Entities as well as the
smooth running of the common institutions”;
Noting that the Assembly of the public enterprise
“International Airport Sarajevo” issued, on 23 September 2005, a decision
amending the Statutes of the enterprise to rename said enterprise as
“International Airport Alija Izetbegovic”;
Further noting that such amendments to the Statutes of the
public enterprise were further entered into the register of the Municipal Court
in Sarajevo on 3 October
2005;
Recognizing that such a decision could affect the smooth
running of the common institutions by emphasizing the fact that the
“International Airport Sarajevo”, in spite of being the main international
airport that serves Bosnia and Herzegovina’s capital, is located within
and administered by one of its entities and reinforces a sense that the airport
does not belong to and is not welcoming all constituent peoples;
Recalling reconciliation between the constituent peoples of
Bosnia and Herzegovina
is still fragile and could be
undermined by the above-mentioned decision;
Noting that the Steering Board of the Peace Implementation
Council, meeting at Ambassadorial level on 14 October 2005, issued a Statement
calling for the decision to rename the “International Airport Sarajevo” to be
revised, in a transparent manner and after consultation with representatives of
all constituent peoples and Others;
Emphasising that the international image of a country is bound
up with how its major transit ports operate and are perceived, both internally
and externally; that there is a real danger that the other international
airports in Bosnia and Herzegovina will now also be “ethnically renamed” and
that it could be extremely damaging to Bosnia and Herzegovina’s external
reputation if the country’s airports were to become “ethnic” airports;
Further emphasizing that the country's major international
airport, located in the capital Sarajevo, generates the first impression that
the majority of visitors to BiH experience, and its modernity and neutrality is
symbolic of post-war reconstruction and progress that BiH has made in the past
10 years;
Having considered, borne in mind and noted all the matters
aforesaid, the High Representative hereby issues the following:
DECISION ANNULLING THE DECISION OF THE ASSEMBLY OF THE
PUBLICENTERPRISEINTERNATIONALAIRPORTSARAJEVO
CHANGING THE NAME OF THE
ENTERPRISE
Article 1
The Decision No. 01-4947 of 23 September 2005 (hereinafter: “Decision”)
issued by the Assembly of the public enterprise International Airport “Sarajevo”
whereby the Statutes of the company was amended and the company was renamed as
“Public company International Airport “Alija Izetbegovic” Ltd is hereby
annulled.
Each and every legal acts or decisions as may have been taken to effect such
Decision is hereby deemed to be null and void.
Article 2
This Decision shall enter into force forthwith and shall be published without
delay in the Official Gazette of the Federation of Bosnia and
Herzegovina
.
Sarajevo,
14 October
2005
Paddy Ashdown
High Representative
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