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To: | Mr. Obren Zeljaja
President Municipal Assembly, Ilidza/ Srpska Ilidza |
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Sarajevo, November 29, 1999
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Dear Mr. Obren Zeljaja,
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. Obren Zeljaja from his position of President of the
Municipal
Assembly Serb Ilidza 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. Obren Zeljaja has abused his power by persistently and seriously
obstructing the 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. Obren Zeljaja in his capacity as President of the
Municipal Assembly Ilidza/Srpska Ilidza has consistently and deliberately
obstructed the implementation of property laws and has been instrumental
in
preventing minority return to Ilidza/Srpska Ilidza.
- Mr. Obren Zeljaja has repeatedly failed to fulfil all commitments
made to the international community in regard to the implementation of
property laws. The latest broken promise was that of submitting to the
Return and Reconstruction Task Force by 15 November a list of all unsolved
housing issues and a property implementation work plan.
- Mr. Obren Zeljaja has also failed his institutional obligations as
President of the Municipal Assembly. Mr. Obren Zeljaja does not convene
Municipal Assembly sessions as per the plan and program adopted by the
Municipal Assembly. The report on the work of the Executive Board and
other
municipal organs has yet to be adopted, as required by the Municipal
Statutes and Rules of Procedure.
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. Obren Zeljaja
from the position of President of the Municipal Assembly Ilidza/Srpska
Ilidza. The Decision will be effective immediately and will not require
any
further procedural steps.
The position left vacant by Mr. Obren Zeljaja'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 relevant
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 replacement is elected by the Municipal Assembly, the Vice
President
of the Municipal Assembly, Mr. Radivoje Grkovic, will act in a caretaker
capacity.
The mandate of Mr. Obren Zeljaja will be passed to the next candidate on
the
SDS 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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