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To: | Mr. Dzevad Mlaco
Member of the House of People of Bosnia and Herzegovina
Middle Bosnia Cantonal Delegate |
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Sarajevo, November 29, 1999
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Dear Mr. Mlaco,
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 held 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. Dzevad Mlaco from his positions as delegate to the BH House of
People and from his position in the Cantonal Assembly; in order 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. Dzevad Mlaco 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,
- Under Mr. Dzevad Mlaco's term of office, the Bugojno Municipal
authorities have failed to process claims under the Federation property
legislation. Re-assessment of property implementation in Bugojno since Mr.
Dzevad Mlaco's suspension is evidence that Mr. Dzevad Mlaco, in his capacity
as Mayor, played an instrumental role in the work of the Housing Department
and the administration as a whole.
- A report issued by the Federation Ombudsmen in close cooperation
with OSCE and OHR points out widespread malpractice and misallocation of
State-owned properties and called upon the Mayor to put a stop to all
ongoing construction work immediately, pending the actions of the public
attorney.
- Instead of taking the actions recommended in that report, Mr. Mlaco
initiated a series of unsubstantiated attacks against the Institution of the
Ombudsman, in an attempt to undermine that Institution.
- Noting the detrimental effect of ongoing non-compliance in Bugojno
on developments and stability in the Middle Bosnia Canton, in a letter dated
February 12, 1999, the High Representative and the OSCE Acting Head of
Mission suspended Mr. Dzevad Mlaco from his office as Municipal Mayor and
from any other elected office in the Municipality. Since then, Mr. Mlaco has
continued to negatively influence the political live of this Canton, using
his authority as a member of the Cantonal Assembly and as Delegate to the
House of People of Bosnia and Herzegovina.
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. Dzevad Mlaco
from the positions of delegate to the Cantonal Assembly and to the House of
People of Bosnia and Herzegovina.
The decision will be effective immediately and will not require any further
procedural steps. His replacement to the House of People of Bosnia and
Herzegovina will be elected by the Federation House of People, in accordance
with the Constitution and laws governing this election. 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 to the Cantonal Assembly of Mr. Mlaco will be passed to the next
candidate on his party's 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 |
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