06.07.1999

Decision adding the Fundamental Interest Clause and the position of Deputy Head of Municipality to the Mostar City Municipalities Statutes

In accordance with my authority under Annex 10 of the General Framework Agreement for Peace in Bosnia and Herzegovina, and Article XI of the Conclusions of the Peace Implementation Conference held in Bonn on 10 December 1997, I hereby take the following

DECISION

  • – All Mostar City Municipal Statutes shall contain the fundamental interest clause which must read as follows:

    “If the issue which is being voted on concerns the fundamental interests of one of the peoples, the majority of votes of each people is needed apart from the majority of all votes. This is applied accordingly when both peoples are concerned.

    Fundamental interest is defined as matters of:

    Culture
    Education
    Religion
    National Monuments
    Housing Affairs

    Invocation of an issue as of fundamental interest shall require for approval a majority of votes of the Bosniac or of the Croat Councillors.

    If the majority of the Councillors of the other people objects the invocation of the issue of fundamental interest, a commission composed of one representative of each people shall take a decision on the matter. If the commission fails to reach consensus within 72 hours, the matter shall be referred to the High Representative who, within the deadline of three working days since the day of the receipt of the request, shall take a binding decision.”

  • – All Mostar City Municipal Statutes shall stipulate that the Head of the City Municipality has a general Deputy, who represents him in case he is unable to attend. His title is ” Deputy Head of the City Municipality “.
  • – All City Municipal Councils shall adopt their Municipal Statute and Rules of Procedure, which must comply with this Decision, by 1st August 1999.
  • This Decision enters into force with immediate effect, and shall be published in the Official Gazette of the Herzegovina-Neretva Canton without delay.

    6 July 1999

    Carlos Westendorp
    High Representative
    Sarajevo

    Office of the High Representative