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To: | Mr. Stipe Maric
Mayor Mostar South West |
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Sarajevo, November 29, 1999
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Dear Mr. Stipe Maric,
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,
|
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. Stipe Maric from his position as Mayor of Mostar South West
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. Stipe Maric 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. Maric, in his capacity of Mayor Mostar South West, has
ensured all possible political obstruction to the implementation of the
Federation Property Laws since they were passed in April 1998. As the
leading executive authority in Mostar South West, Mr. Stipe Maric is
responsible for the administration's failure to respect the Federation
Property Laws and related High Representative Decisions. The result of this
failure is a complete block to minority repossessions in the Croat-majority
municipalities in Mostar.
- Mr. Stipe Maric has been able to control the process of property law
implementation in Mostar South West, West and South, through political
manipulation of the one Municipal Housing Office. As the only such office
is located in Mostar South West, this municipality has de facto executive
authority over all three Croat majority municipalities. Thus, Mr. Stipe
Maric is able to exercise control over the housing stock both in the
municipality he is legally responsible for, and in the two neighboring
municipalities.
- Mr. Stipe Maric has yet to address the documented cases of double
occupants living in Mostar South West and West with available reconstructed
houses in Konjic. Despite high level focus on this issue, not a single case
has been solved. The same applies to the cases verified by the Double
Occupancy Commission.
- Less than two percent of claims for repossession of socially-owned
apartments have been decided upon and for private property only negative
decisions on grounds of non-competency have been issued. Most significant
is that none of the positive decisions have yet been enforced, although the
majority relate to verified double occupancy cases, and deadlines for
vacation by the occupants have long passed.
- Equally disappointing has been the lack of reinstatements concerning
Post Dayton Eviction cases. The Bonn Peace Implementation Conference in 1997
originally set a deadline of 31 January 1998 for the reinstatement of
persons illegally evicted post-DPA. To date, positive decisions have been
issued for less than half of the cases and no decisions have been enforced
in terms of a forcible eviction being conducted and a reinstatement of the
occupancy right holder ensured.
- Mayor Maric has yet to fulfill any of his commitments and has stated
that neither war veterans nor the families of war victims will be evicted,
even though this is required by law.
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. Stipe Maric
from the position of Mayor of Mostar South West. The decision will be
effective immediately and will not require any further procedural steps.
The position left vacant by Mr. Stipe Maric's removal will be filled by the
Municipal Council in accordance with the legal regulations governing this
election. 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 legislative process.
Sarajevo, 29 November 1999
|
Wolfgang Petritsch | Robert L. Barry |
|
High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
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