|
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 “[F]acilitate, 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”;
Considering paragraph 12.1 of the Declaration of the Peace
Implementation Council that met in Madrid on 15 and 16 December 1998, which made
clear that the said Council considered that the establishment of the rule of
law, in which all citizens had confidence, was a prerequisite for a lasting
peace, and for a self-sustaining economy capable of attracting and retaining
international and domestic investors;
Mindful of Article I, paragraph 7(c) of the Constitution ofBosnia and
Herzegovina ;
Recalling the provisions of the Law on Citizenship of Bosnia
and Herzegovina (Official Gazette of Bosnia and Herzegovina, Nos. 4/97, 13/99,
41/02, 6/03, 14/03 and 82/05) and in particular Articles 40 through 41a, which
envision that a State Commission for the Review of Decisions on Naturalisation
of Foreign Citizens shall be established and prescribes the mandate and the
composition of the Commission;
Recalling further the Decision of the Council of Ministers of
Bosnia and Herzegovina No. 46/06 of 16 February 2006 (Official Gazette of Bosnia
and Herzegovina, Nos. 30/06 and 75/06) establishing said Commission;
Noting the communiqué of the Steering Board of the Peace
Implementation Council issued in Vienna on 15 March 2006 by which the Board
welcomed the establishment of the Citizenship Review Commission and requested,
given its critical importance for the counter-terrorism agenda, an update on the
Commission’s activities;
Acknowledging that under the above mentioned Law on Citizenship
the mandate of the Commission expires no later than one year after it is
established;
Mindful in particular that the said law envisages the extension
of the mandate of the Commission for an additional period if the Parliamentary
Assembly of Bosnia and
Herzegovina
so
decides;
Acknowledging that the Council of Ministers of Bosnia and
Herzegovina on its 131st session held on 18 October 2006 adopted the
Report on work of the State Commission for the Review of Decisions on
Naturalisation of Foreign Citizens for the period from 1 March 2006 to 31 August
2006 and passed conclusions by which it fully supported the work of the
Commission, stated that it expected the Commission to continue its work and to
prepare an exhaustive report on revoked citizenships including details on how
the citizenships in question had been acquired, tasked the relevant institutions
to review legislation pertaining to citizenship, tasked the Commission to
forward its finding to the Prosecutor’s Office of Bosnia and Herzegovina and
instructed all institutions to treat the requests coming from the Commission as
a priority;
Having in mind the initiative for the extension of the mandate
of the State Commission for the Review of Decisions on Naturalisation of Foreign
Citizens for another year, sent to the Parliamentary Assembly of Bosnia and
Herzegovina on
7 February
2007;
Taking into account the fact that the Parliamentary Assembly of
Bosnia and
Herzegovina
is
not yet fully constituted following the October elections;
Conscious that the mandate of the Commission expires on 16
February 2007 and that there is an urgent need to ensure that the work of the
Commission continues;
Having considered and borne in mind all matters aforesaid, the
High Representative hereby issues the following
DECISION
Enacting the Decision Extending the Mandate of the
State Commission for the Review of Decisions on Naturalization of
Foreign Citizens
The Decision Extending the Mandate of the State Commission
for the Review of Decisions on Naturalization of Foreign Citizens, which is
hereby attached as an integral part of this Decision,shallbe published on the
official website of the Office of the High Representative and shall enter into
force as the Decision of the Parliamentary Assembly of Bosnia and Herzegovina in
accordance with Article
III of the said
Decision, on an interim basis until such time as the Parliamentary Assembly of
Bosnia and Herzegovina adopts this Decision in due form, without amendments and
with no conditions attached.
Sarajevo, 15 February
2007
Dr. Christian Schwarz-Schilling
High Representative
DECISION
EXTENDING THE MANDATE OF THE STATE COMMISSION FOR THE REVIEW
OF DECISIONS ON NATURALIZATION OF FOREIGN CITIZENS
I
As provided by Article 40, paragraph 4 of the Law on Citizenship of Bosnia
and Herzegovina (Official Gazette of Bosnia and Herzegovina, Nos. 4/97, 13/99,
41/02, 6/03, 14/03 and 82/05; hereinafter: the Law), the mandate of the State
Commission for the Review of Decisions on Naturalization of Foreign Citizens,
established by the Decision of the Council of Ministers of Bosnia and
Herzegovina of 16 February 2006 (Official Gazette of Bosnia and Herzegovina,
Nos. 30/06 and 75/06), is hereby extended.
II
The mandate of the Commission referred to in Article I of this Decision shall
be extended for an additional period of one year ending on
16 February 2008, and shall be further
extendible in accordance with the Law.
III
This Decision shall enter into force on the day of its publication on the
official website of the Office of the High Representative and shall be published
without delay in the Official Gazette of Bosnia and
Herzegovina
.
|