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In the exercise of the powers vested in me by Article V of Annex 10 to the
General Framework Agreement for Peace in Bosnia and Herzegovina, according
to which the High Representative is the final authority in theatre regarding
interpretation of this Agreement on civilian implementation of the peace
settlement; and considering in particular Article: II. 1. (d) of the said
Annex, according to the terms of which the High Representative shall
"facilitate, as the High Representative judges necessary, the resolution of
any difficulties arising in connection with civilian implementation";
recalling paragraph XI. 2 of the Conclusions of the Peace Implementation
Council which met in Bonn on 9 and 10 December 1997, in which the Council
welcomed the High Representative's intention to use his final authority in
theatre in order to facilitate the resolution of any difficulties as
aforesaid "by making binding decisions, as he judges necessary" on issues
including (under sub-paragraph (c) thereof) "measures to ensure
implementation of the Peace Agreement throughout Bosnia and Herzegovina and
its Entities, as well as the smooth running of the common institutions";
Considering that:
- Article V of Annex 4 to the General Framework Agreement for Peace in
Bosnia and Herzegovina (hereinafter referred to as the Constitution)
provides that: "The Presidency of Bosnia and Herzegovina shall consist of
three Members: one Bosniac and one Croat, each directly elected from the
territory of the Federation, and one Serb directly elected from the
territory of the Republika Srpska";
- Article V: 1. (a) of the Constitution provides that "Any vacancy in the
Presidency shall be filled from the relevant Entity in accordance with a law
to be adopted by the Parliamentary Assembly";
- the Preamble of Annex 4 to the General Framework Agreement for Peace in
Bosnia and Herzegovina states "that democratic governmental institutions and
fair procedures produce peaceful relations within a pluralist society";
Noting that:
- One of the Members of the Bosnia and Herzegovina Presidency has sent a
letter dated 24 July 2000 to the other Members of the Presidency of Bosnia
and Herzegovina referring to his decision to withdraw from his position in
the said Presidency after the expiration of his current function as Chair of
the Presidency expires on 12 October 2000;
- On 31 July 2000 the Parliamentary Assembly of Bosnia and Herzegovina
adopted a law on filling a vacant position of the Member of the Presidency
of Bosnia and Herzegovina;
Further noting that:
- Article 4 and 5 of the adopted law provide that the nomination by the
House of Representatives of the candidate for the Presidency shall be
effected by the members elected from the territory of the same Entity as the
Member of the Presidency whose position has become vacant. Article 6 of the
same law provides that the House of Peoples shall confirm the nominee
elected in the House of Representatives by a majority of members of the
House of Peoples belonging to the same constituent people as the nominee;
- Article 6 of the adopted law further provides that if the House of
Peoples rejects two such nominees, then a third nominee shall be chosen and
elected by a majority of the members of the House of Peoples belonging to
the same constituent people as the nominee;
- Article 7 of the adopted law provides that if a vacancy in the Presidency
occurs within 30 days of the date announced for the next election of the
House of Representatives, the vacant position shall be filled as an interim
measure by the Chairman or Deputy Chairman of the House of Representatives
belonging to the same constituent people as the member whose position is
vacant. It is further provided that a Chairman or Deputy Chairman
succeeding to the Presidency in such circumstances shall serve only until
the newly elected Parliamentary Assembly of Bosnia and Herzegovina is
convened in special session at which time a new Member of the Presidency
shall be elected;
Bearing in mind that:
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- The House of Peoples of Bosnia and Herzegovina consists of Delegates
not directly elected;
- Were the circumstances referred to under paragraph 7 hereof to occur, a
Member of the Presidency could be selected by three of the five members of
the House of Peoples belonging to the same constituent people as the
outgoing Member, rather than by the directly elected Members of the House of
Representatives, elected from the territory of the same Entity as the Member
of the Presidency, whose position has become vacant;
- By adopting the law, and in particular Article 7 thereof, on 31 July
2000, the Parliamentary Assembly has enabled Members of the Presidency still
in office to have the means by which they might unfairly influence the
choice of their successors;
Concluding that:
- In order to have proper regard for the provisions of Articles V and V:
1. (a) of the Constitution, the law which comes into force with a view to
filling a vacancy in the Presidency from the relevant Entity must provide
that the vacancy is filled pursuant to a vote from the eligible members of
the directly elected House of Representatives from the territory of the same
Entity as the Member whose office has become vacant;
- The period of 30 days referred to under paragraph 8 hereof is a period
which likewise conflicts with the obligation in the Preamble of the
Constitution to provide fair procedures since it imperils the democratic
process by providing the means, as herein before referred to, by which
current Members of the Presidency might unfairly influence the succession;
Determining accordingly that:
- The law on filling a vacant position of a Member of the Presidency of
Bosnia and Herzegovina must provide:
- that if the House of Peoples rejects two consecutive nominees selected
by the House of Representatives, then the third nominee selected by the
House of Representatives shall fill the vacancy without further confirmation
by the House of Peoples;
and that:
- the period referred to in article 7 of the adopted law should, in the
circumstances therein referred to be one of 120 days.
Having considered, born in mind and noted all the matters aforesaid, I
hereby issue the following:
DECISION
On amending:
The Law on Filling a Vacant Position of the Member of the Presidency of
Bosnia and Herzegovina
The Law on Filling a Vacant Position of the Member of the Presidency of
Bosnia and Herzegovina, shall, upon publication of the same in the Official
Gazette of Bosnia and Herzegovina, be hereby amended with effect from the
date of such publication as follows:
Article 1
In Article 6, paragraph 2 the existing text shall be deleted and replaced by
the words:
"If the House of Peoples rejects two consecutive nominees submitted by the
House of Representatives pursuant to this Article, then the third nominee
selected by the House of Representatives shall fill the vacancy without
further confirmation by the House of Peoples."
Article 2
In Article 7 the figure of "30 days" shall be deleted and replaced by "120
days".
Article 3
This Decision shall be published without delay in the Official Gazette of
Bosnia and Herzegovina.
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Sarajevo, 7 August 2000 | Wolfgang Petritsch |
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High Representative |
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