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To: | Mr. Zoran Nikolic,
Delegate to the Republika Srpska National Assembly |
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Sarajevo, November 29, 1999
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Dear Mr. Zoran Nikolic,
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.
|
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.
Reasons for removal
Mr. Zoran Nikolic 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. Zoran Nikolic is the main political influence on the President
of the Municipal Assembly of Foca/Srbinje, pressuring the latter to
continually obstruct the General Framework Agreement for Peace. Since the
1997 municipal elections, the President of the Municipal Assembly of
Foca/Srbinje has failed to take any actions to facilitate the implementation
of the General Framework Agreement for Peace-particularly in the field of
return and the implementation of property legislation.
- Mr. Zoran Nikolic is a key person responsible for the political and
economic isolation of the municipality of Foca/Srbinje. Mr. Zoran Nikolic
was present at a number of meetings with international organizations where
projects benefiting the municipality of Foca/Srbinje were discussed. In
these meetings, Mr. Zoran Nikolic obstructed or delayed the approval and/or
implementation of these projects. Mr. Zoran Nikolic's intransigence
prevented the international community from carrying out their duties under
the General Framework Agreement for Peace in the municipality of
Foca/Srbinje.
- Mr. Zoran Nikolic's serious obstruction to the implementation of the
1997 municipal election results in Foca/Srbinje led OSCE and OHR to issue an
Arbitration Award eight months after municipal elections were held.
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 Nikolic from the
position of delegate to the Republika Srpska National Assembly. The decision
will be effective immediately and will not require any further procedural
steps.
The mandate of Mr. Zoran Nikolic will be passed to the next candidate on the
Serb Radical 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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