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To: | Djordje Umicevic
President Municipal Assembly Banja Luka |
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Sarajevo, November 29, 1999
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Dear Mr. Djordje Umicevic,
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 theatre 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 the 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. Djordje Umicevic from his position of President of the Municipal
Assembly Banja Luka 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. Djordje Umicevic has abused his power by persistently and seriously
obstructing the implementation of 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. Djordje Umicevic, in his capacity of President of the
Municipal Assembly, has consistently acted in an obstructive manner with
regard to creating a multi-ethnic society. Mr. Djordje Umicevic has made
inflammatory and offensive public statements creating a non-conducive
environment for returns. Mr. Djordje Umicevic has also been instrumental in
working against the mandate of BiH institutions set up by the Dayton Peace
Agreement.
- In a recent interview with Nezvisne Novine Mr. Djordje Umicevic made a
number of controversial comments on the reconstruction of the Ferhadija
Mosque aimed at stirring up intolerant and anti-Bosniak feelings.
- Mr. Djordje Umicevic's disregard for BiH institutions is clearly
evidenced by his attempts to obstruct the work of the Human Rights Chamber,
a BiH institution established by Annex VI of the Dayton Peace Agreement. Mr.
Djordje Umicevic made numerous attempts to prevent the Human Rights Chamber
Hearing in the Case No. CH/96/29, Islamic Community versus the Republika
Srpska, to take place on 9 November 1998. The Human Rights Chamber was
forced to change the location of the hearing four times following political
pressure from Mr. Djordje Umicevic's office on the proprietors of the venues
selected for the hearing to take place. Mr. Djordje Umicevic further
attempted to obstruct the work of the Human Rights Chamber by refusing to
attend the hearing although he had previously raised no objections when
personally served with the summons.
- The Human Rights Chamber has ordered that permission to rebuild
seven mosques in Banja Luka be granted. In their refusal to give building
permission the municipal authorities are citing local legislation enacted
after the Human Rights Chamber decision restricting new construction. By
not abiding to the Human Rights Chamber decision, which is based upon the
European Convention on Human Rights, the authorities thereby violate the BiH
Constitution on the principle of the mentioned Convention's supremacy over
municipal legislation.
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. Djordje Umicevic
from the position of President of the Municipal Assembly Banja Luka. The
decision will be effective immediately and will not require any further
procedural steps.
The position left vacant by Mr. Djordje Umicevic's removal will be filled by
the Municipal Assembly 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 appointing
authorities until OHR and OSCE communicate that there are no objections and
that the proposed name can proceed further through the legislative process.
Until a new President of the Municipal Assembly is elected by the Municipal
Assembly, the Vice President of the Municipal Assembly, Mr. Mihajlo Crnadak,
will act in a caretaker capacity.
The mandate of Mr. Djordje Umicevic will be passed to the next candidate on
the SSKIP 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 |
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