|
To: | Mr. Pero Madzar
Mayor Kiseljak
Delegate to the Middle Bosnia Cantonal Assembly
Member of the Federation House of People
Member of BiH House of People |
|
Sarajevo, November 29, 1999
|
Dear Mr. Pero Madzar,
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 all public offices you hold 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.
|
Wolfgang Petritsch | Robert L. Barry |
|
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. Zoran Nikolic from his position as delegate to the Republika
Srpska National Assembly 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.
To remove Mr. Pero Madzar from his position of Mayor Kiseljak 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. Pero Madzar has abused his power by persistently and seriously
obstructing 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. Pero Madzar, in his capacity as Mayor of Municipality
Kiseljak, has actively obstructed the establishment of a functioning joint
municipal administration and the implementation of property laws. Mr.
Pero
Madzar has also been instrumental in creating an intolerant environment
through the use of highly inflammatory language.
- Mr. Pero Madzar has systematically obstructed the implementation of
property laws. The number of private property reinstatements is
insignificant and hardly any evictions have been enforced. The
reinstatement
and eviction records concerning socially owned property are equally
unacceptable. Mr. Pero Madzar continues to claim lack of alternative
accommodation to justify such poor property implementation records.
However,
the Housing Department maintains that Kiseljak continues to harbour large
numbers of multiple occupants.
- The formation of a parallel housing authority, called Evictions
Commission, is further evidence that the Mayor simply pays lip service to
the implementation of property laws. This body appears to have been
formed
with the clear purpose of delaying or preventing evictions and has been an
example of the Mayor's repetitive attempts to seek methods of obstructing
the return process.
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. Pero Madzar
from the position of Mayor of Kiseljak. The Decision will be effective
immediately and will not require any further procedural steps.
The positions left vacant by Mr. Pero Madzar's removal will be filled by
the
Municipal Council, the Cantonal Assembly and the Federation House of
People
in accordance with the Constitutions and the Laws governing those
elections.
In order to protect the institutions 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.
The mandate of Mr. Pero Madzar in the Cantonal Assembly will be passed to
the next candidate on the HDZ candidate list in accordance with the
Article
7.90 of the Provisional Election Commission Rules and Regulations.
Sarajevo, 29 November 1999
|
Wolfgang Petritsch | Robert L. Barry |
|
High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
| 
