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To: | Miladin Pesic, Head of OMI Srpsko Gorazde |
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Sarajevo, November 29, 1999
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Dear Mr. Miladin Pesic,
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 |
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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. Miladin Pesic from his position of Head of the OMI in Srpsko
Gorazde 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. Miladin Pesic 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. Miladin Pesic has consistently and deliberately abused
his position as the OMI Head in Srpsko Gorazde in order to prevent pre-war
residents to return to their properties. This has meant the totally
dysfunctional nature of the OMI office. Specifically:
- Mr. Miladin Pesic issued a letter without any legal basis that the
Bosniak Displaced Persons would not be allowed by any means to cultivate
their lands in Srpsko Gorazde.
- Mr. Miladin Pesic refused to give relevant information for return of
pre-war residents. This delayed any movement for 5 months. Once these
details were released he then only issued information for non-priority
return areas where there is no interest to return, the infrastructure is
prohibitively expensive and the areas are heavily mined.
- Mr. Miladin Pesic stated that he could not issue decisions until
such a time as he had access to the cadastre records in Gorazde. Once he was
given access to these records he still did not activate the process of
property repossession.
- Mr. Miladin Pesic has failed all deadlines to issue decisions and
process implementation. Those decisions that he has issued are irrelevant
and not the areas where people wish to return.
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. Miladin Pesic
from the position of Head of OMI Srpsko Gorazde. The decision will be
effective immediately and will not require any further procedural steps.
The position left vacant by Mr. Miladin Pesic's removal will be filled in
accordance with the legal regulations governing this appointment. In order
to protect the institution to which a replacement is to be appointed, 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.
Sarajevo, 29 November 1999
|
Wolfgang Petritsch | Robert L. Barry |
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High Representative | Chairman of the PEC |
| | OSCE Head of Mission |
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