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To: Kemal Brodilija, Mayor of Kakanj
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Sarajevo, November 29, 1999
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Dear Mr. Kemal Brodilija,
For reasons outlined in the attached Decision, we herewith notify you of the
following: under the powers vested in the High Representative, you are
removed from public office with immediate effect. In addition, in accordance
with the Provisional Election Commission Rules and Regulations, this
Decision bars you from being a candidate in the upcoming municipal
elections.
It is with great regret that we are forced to acknowledge that during your
term in office not only have you failed to show any commitment to the
implementation of the General Framework Agreement for Peace, but you have
also seriously and persistently obstructed its implementation.
Sincerely,
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Wolfgang Petritsch | Robert L. Barry |
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High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
In the exercise of the powers vested in the High Representative by Article 5
of the Annex 10 of the General Framework Agreement for Peace in Bosnia and
Herzegovina, according to which the High Representative 'is the final
authority in the theater regarding interpretation of [the] Agreement on the
civilian implementation of the peace agreement';
Endorsing the interpretation of these powers given in paragraph XI, 2 of the
Conclusions of the Peace Implementation Conference held in Bonn on 10
December 1997, in particular, sub-paragraph c thereof, by means of which the
High Representative is entitled to take actions against persons holding
public office who are found by the High Representative to be in violation of
legal commitments made under the Peace Agreement or the terms of its
implementation;
Noting the reiteration of the acknowledgement of such powers by the Peace
Implementation Council in Chapter X of the Annex to the Madrid Declaration
of 16 December 1998;
Considering the mandate entrusted with the Provisional Election Commission
under Article III of the Annex 3 to the General Framework Agreement for
Peace in Bosnia and Herzegovina and Article 7.10 of the Rules and
Regulations adopted thereafter which provides that no person who has been
removed by the High Representative shall be permitted to be a candidate in
the elections.
We hereby issue the following
Decision
To remove Mr. Nedzad Behram from his position of Head of Housing Department
Mostar Municipality Old Town and to ban him from being a candidate for the
next municipal elections or to hold any executive office at any level unless
authorised to do so.
This Decision has immediate effect.
Reasons for removal
Mr. Kemal Brodilija has abused his power by persistently and seriously
obstructing the implementation of the General Framework Agreement for Peace.
By pursuing an extra-legal agenda, he has consistently refused to take
ownership of the laws of Bosnia and Herzegovina.
In particular Mr. Kemal Brodilija, in his capacity of Mayor of Kakanj, has
regularly obstructed the work of the Housing Department. In an attempt to
avoid addressing his responsibilities towards return and implementation of
property laws, Mr. Kemal Brodilija has consistently used all kinds of
delaying tactics. Mr. Kemal Brodilija has neglected agreements made with
the international community, in which he undertook to implement property
legislation and has neglected deadlines posed therein. His administration
is paralysed by his personal interference.
- Until August 1999 when a new Housing Secretary was appointed and for
a period of six months, a very low number of property claims was processed.
In September 1999 Mr. Kemal Brodilija instructed the new Housing Secretary
to cancel all evictions and to stop issuing eviction orders In October, Mr.
Kemal Brodilija blocked positive decisions issued by the Housing Commission
and replaced the Double Occupancy Commission created in September at the
request of the International Community by a new Double Occupancy Commission
of one person, a subordinate of the Housing Secretary.
- Mr. Kemal Brodilija continues to protect municipal officials suspect
of corrupt activities, refusing to replace them in spite of the insistence
of various international agencies.
- Mr. Kemal Brodilija has also failed to respect the 13 April 1999
Agreement signed with the International Mediator and the commitment to solve
the property cases of the four HDZ municipal councillors by 30 September
1999.
All of the above establishes a disturbing and unacceptable pattern of
deliberate attempts to obstruct the implementation of the General Framework
Agreement for Peace. For these reasons, we hereby remove Mr. Kemal Brodilija
from the position of Mayor of Kakanj. The Decision will be effective
immediately and will not require any further procedural steps.
The position left vacant by Mr. Kemal Brodilija's removal will be filled by
the Municipal Council within 30 days in accordance with the appropriate
regulations. In order to protect the institution to which a replacement is
to be elected, no further actions are to be taken by the relevant
authorities until OHR and OSCE communicate that there are no objections and
that the proposed name can proceed further through the appropriate process.
Sarajevo, 29 November 1999
|
Wolfgang Petritsch | Robert L. Barry |
|
High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
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