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In light of the persistent failure of the responsible politicians to address
the untenable situation of lawlessness and parallel structures in Zepce and
thus overcome the legacy of the Bosniac-Croat war in that area, there is a
requirement for a comprehensive and balanced set of arrangements that meet
the legitimate political, social, economic and security interests of the
parties. Therefore, under the powers vested in the High Representative in
Annex 10 of the General Framework Agreement for Peace and reaffirmed by the
Bonn, Madrid and Brussels Peace Implementation Council, I issue the
following
DECISION
on integrating the municipality of Zepce
Introduction
Since 1997 representatives of the international community, led by the Office
of the High Representative, have worked on finding an agreement acceptable
to all parties to break a triple deadlock in the Zepce area: a) to integrate
two parallel municipal administrations, b) to dismantle the institutions of
the former Croat Republic of Herceg-Bosna and integrate all of Zepce
municipality within the legal structures of Zenica-Doboj Canton, and c) to
reach a compromise solution on the demands of Croats, living in areas
bordering Zepce municipality, to be integrated with the latter.
The Federation Forum of 16 April 1998 noted that 'participants agreed that
the continued functioning of parallel municipalities after the establishment
of joint municipal authorities could not be tolerated. The Federation
President and the Vice-President will personally engage themselves in
municipalities in all cantons in which parallel administrations continue to
exist, and ensure that these will be united'. This has not happened within
Zepce.
In December 1998 OHR Senior Deputy High Representative Hanns Schumacher
invited all parties to Final Status Negotiations on Zepce in January 1999.
The invitation notified all parties that prior to participating in this
process they had to accept the authority of OHR, in the case of a renewed
failure to reach an agreed solution, 'to make an arbitration of various
aspects of the Zepce conundrum'. All responsible parties participated in the
negotiations, which lasted from January to May 1999. No agreement was
reached and provisional solutions remain in place for the police and the
judiciary. The administration remains divided. Croat institutions in the
north of Zepce are outside the legal framework of the Canton.
It is the repeated failure of elected politicians to reach a solution by
themselves which prompts me to issue this Decision, in accordance with the
acceptance all parties have given to the principle of arbitration by
accepting the OHR invitation to final status negotiations in January 1999.
As citizens build their lives on the basis of legal institutions, the widely
used wartime and post-war terminology of Territory under Croat control and
Territory under Bosniac control must cease to have any concrete meaning. A
mode of thinking in which strategic planning, based on ethnic control of
territory, dominated and led to parallel administrations in divided
municipalities must be overcome to solve the problem of Zepce.
In addition to the Decision, and in order to facilitate the process of
political integration, I strongly encourage the Federation Ministry of
Defence to reduce the number of soldiers stationed in the Zepce
municipality, either as a part of the BiH 15% reductions to be achieved by
31 December 2000, or as part of an overall repositioning of forces. The
goal would be to have a maximum of one company (non-combat) stationed in
Zepce within three months of the date of this Decision. The level of
reduction achieved will be a significant factor in my judgement on full and
final implementation of this Decision.
Implementation
- Within one month of the date of this Decision, all tax payments will
go from the former Croat part of Zepce to the cantonal treasury in
accordance with the relevant legislation. The present branches of the ZAP
and ZPP operating in Zepce and Begov Han will be merged into one branch in
Zepce town and will conduct all transfers of funds through the Zenica ZPP
office.
- Given the special nature and responsibilities of Zepce municipality,
the percentage of the revenue that the canton will return to Zepce
municipality will be at least 10 percent more than that returned to the
average municipality in the canton, unless agreed differently between the
Canton and the Mayor and Deputy Mayor of Zepce following the next municipal
elections.
- Within three months of the date of this Decision all of Zepce's
territory will be fully integrated within the cantonal system of forestry
administration. Sume Herceg-Bosne will cease to operate on the territory of
Zepce municipality from that date unless licensed by the legitimate Federal
and Cantonal authorities.
- Within one month of the date of this Decision the municipality of
Zepce will cease to be a shareholder in any public company associated with
the Croat Community of Herceg-Bosna, including Elektropriveda Herceg-Bosna.
OHR will develop a strategy for the integration of public utilities in the
Zepce area to be implemented in the course of the next year.
- Within one month of the date of this Decision all contributions for
health insurance for all citizens will be paid in accordance with the
relevant cantonal legislation to the cantonal fund. The board of the Zepce
community health centre will draw up a staffing plan within three months of
the date of this Decision to offer re-employment for Bosniac and Serb
professionals who worked in the medical sector in Zepce before the War.
- All curricula presently used in Zepce municipality will remain
legitimate in a unified municipality, as long as this is not in violation of
the relevant Federation legislation. All schools presently on the territory
of Zepce municipality will continue to be financed by the cantonal
authorities. Any changes to this would have to be agreed by the cantonal
administration and by the Mayor and Deputy Mayor of Zepce municipality
following the next municipal elections.
- The following inhabited settlements (naseljeno mjesto) presently
part of the municipalities of Maglaj and Zavidovici will be included in
Zepce municipality, on an interim basis, from the date of this Decision:
Adze, Pire, Ponijevo, Matina, Ljubatovici, Grabovica, Custo Brdo, Komsici,
Radunice, Globarica (presently in Maglaj); Brankovici, Donji Lug, Gornji
Lug, Vrbica, Debelo Brdo, Osova, Viniste and Gornja Lovnica (presently in
Zavidovici). All other parts of Maglaj and Zavidovici municipalities will
remain fully integrated within their new boundaries.
- Police and Judiciary. While the new Zepce Municipal boundary, as
specified in this Decision, will be declared only when the International
Review Panel has provided its assessment to the High Representative as per
paragraph 11, the Zepce police and Minor Offence and Municipal Courts will
exert jurisdiction within the new area as per paragraph 7, as of the date of
this Decision. Cases that are currently being prosecuted and those that are
pending at the Minor Offence and Municipal Courts will be completed by those
authorities. Should the necessary conditions of this Decision not be
fulfilled within the required time-frame, the Zepce police and the
jurisdiction of the respective Courts will, by a further Decree of the High
Representative, revert to the current boundaries of Zepce Municipality. The
Minister of Interior and Minister of Justice of the Zenica-Doboj Canton are
to work with UNMIBH to achieve, within two weeks of the date of this
Decision, the following, as well as any other needs identified by UNMIBH,
all without prejudice to the final decision of the Review Board:
(1.) The Police Administration (PA) in Zepce will, as stated above,
exercise immediate jurisdiction in all aspects of policing over the area
specified in this Decision and is to complete all necessary administrative
re-dispositions within two weeks. Zavidovici and Maglaj PAs are to make
appropriate territorial and administrative adjustments within the same
timeframe
(2.) The Novi Seher Police Department (PD) is to cease immediately
issuing official documents to citizens, close the issuing office, and
transfer this function, in accordance with the boundary re-alignments, to
Maglaj and Zepce PAs respectively within two weeks of the date of this
Decision. Novi Seher PD is also to be reintegrated within Maglaj PA within
two weeks of the date of this Decision.
(3.) The Maglaj PA, Zavidovici PA, and Novi Seher PD, are to transfer
immediately all necessary documentation to Zepce PA to enable its police and
document issuing office to service all citizens within the area specified in
this Decision
(4.) The Zepce PA will continue to use the stamp authorised by UNMIBH and
issued by the Ministry of Interior of the Zenica-Doboj Canton
(5.) The Minor Offense Courts, Municipal Courts, and Prosecutors in
Zepce, Zavidovici, and Maglaj Municipalities are to assume immediately
respective jurisdictional responsibilities within the municipal areas
adjusted by this Decision and achieve the transfer of all necessary
documentation and records within two weeks of this date, less, as above,
those currently undergoing due process; once due process is complete, all
records are to be immediately transferred
(6.) All income, whether from police or judicial sources, is to be
directed to appropriate Cantonal accounts in accordance with Federal and
Cantonal laws and regulations
(7.) The Ministry of Interior and Ministry of Justice of the Zenica-Doboj
Canton are to support the police and Courts in all respects in accordance
with current laws and regulations
(8.) The Minister of Interior of the Zenica-Doboj Canton is to initiate
immediate discussions with UNMIBH regarding the need to redeploy police
officers between the three municipalities affected by this Decision
- From the date of this Decision, the April 2000 election results
shall cease to apply and the legislative (municipal assembly) and executive
(Mayor and Deputy Mayor) bodies established in the wake of the April 2000
municipal elections shall be dissolved. An Interim Board appointed by the
High Representative shall act as the municipal government for a period of at
least six months from the date of this Decision and shall exercise both
legislative and executive authority in the municipality until the next
municipal elections are held in Zepce. The parallel administrations will be
unified in the town of Zepce, and all structures presently in Golubinje will
move or be dissolved within two months of the date of this Decision. (See
Annex A to this Decision).
- The Interim Board shall appoint a Statutory Commission composed of
three legal experts. The Statutory Commission shall be responsible for
drafting a new Statute to be presented to and adopted by the Interim Board
within three months of the date of this Decision The Statute will enter into
force following the first elections conducted in the expanded territory of
the municipality of Zepce. The Statute shall reflect the principles
contained in this Decision. It shall include article 1, (d) and (e)
(election of the Mayor, Deputy Mayor, Speaker and Deputy Speaker); 1 (g)
(nomination of clerks); and 1, (h) (vital interest clause) of the
Supplementary Arbitration Awards rendered by the High Representative and the
OSCE Head of Mission on 7 April 1998. The OSCE will advise on issues related
to the Statute and will have the authority to arbitrate on these issues
whenever deemed necessary.
- Approximately three months from the date of this Decision, I will
appoint an International Review Panel, chaired by OHR, which will come to
Zepce to assess progress achieved under this Decision by all parties and to
determine whether sufficient progress has been made in dismantling parallel
institutions under the terms of this Decision. The Panel will issue a
public report on the implementation of this Decision. Only after this will I
consider permanently imposing the new borders of Zepce municipality, as
foreseen under paragraph 7. I would not expect to make such a final decision
until after a further three months of satisfactory progress following the
report of the International Review Panel. My decision would then be ratified
by appropriate legislation to be passed by the Federation parliament.
- Should the International Review Panel establish that compliance with
this Decision has been impeded by any party, then I reserve the right to
change this Decision. In this regard, I will take into account the response
of the Federation Ministry of Defence to my request for military reductions.
- I hereby appoint Mr Richard Williams as Supervisor to oversee
implementation of all parts of this Decision and to advise the parties in
order to encourage rapid progress. The Supervisor will report to me and
recommend action as necessary.
Annex A: ZEPCE INTERIM BOARD
- Composition of the Interim Board
(1) Members of the Interim Board
- The Interim Board shall have seven members fully representing the
composition of the Community. I will confirm their nominations shortly after
the date of this Decision
- The Interim Board may also have two observers from the neighboring
municipalities of Maglaj and Zavidovici for the first three months following
this Decision. These observers shall be selected by the respective Mayors
and will have no voting rights. The High Representative may reject any
representative deemed inappropriate.
- The High Representative reserves the right to replace any member or
observer in the Interim Board if deemed necessary.
(2) Chair and Vice Chair
I will appoint the Chair and a Vice Chair of the Interim Board shortly after
the date of this decision.
(3) Secretary
- The Interim Board shall appoint a secretary by simple majority of the
seven members. The municipal secretary will not be appointed from amongst
the members of the Interim Board. The secretary shall have no right to vote.
- The secretary shall prepare the agenda and working materials for each
session of the Interim Board. He/she will ensure that decisions of the
Interim Board are properly notified and that invitations to the sessions of
the Interim Board are distributed in due time and manner.
(4) International representation
The High Representative's Supervisor shall act as permanent Supervisor of
the Interim Board. The OSCE and UNMIBH may also be represented in an
observer capacity. These representatives from the international community
will monitor and assess the work of the Interim Board. The Supervisor has
the authority to convene a session of the Interim Board and to add items to
the agenda that are deemed appropriate.
- Responsibilities of the Interim Board:
(1) The government of the municipality until municipal elections are
held
(2) The prompt implementation of all aspects of this Decision within three
months of the establishment of the Interim Board
- Territory Governed by the Interim Board:
The territory administered and governed by the Interim Board shall be that
defined by paragraph 7 in this decision, without prejudging the final
decision following the report of the International Review Panel as set out
in paragraph 11. The Interim Board shall administer and govern this
territory until the changes to the boundaries are final and in effect.
- Quorum:
The quorum to convene a session of the Interim Board shall be a simple
majority of the total number of members (four), to include two Bosniacs and
two Croats.
- Decision-making:
5.1. Decisions on the following matters shall be passed by a simple majority
of the total number of members (four) provided that this simple majority
includes at least two Bosniac and two Croat representatives.
(1) Decisions related to the implementation of the Decision
(2) Decisions on the replacement/appointment of Heads of Departments and on
the appointment/replacement of the other municipal officials and employees
in the municipal administration
(3) Decision on the adoption of a systematization plan for the municipal
administration
(4) Decisions on the appointment of the Statutory Commission
(5) Decisions on budgetary and tax issues
(6) Decisions on the adoption of the Statute
5.2. Decisions on matters that are not listed under article 5.1 shall be
taken by simple majority vote of the members present. This simple majority
must include one Croat vote and one Bosniac vote.
5.3. All decisions passed by the Interim Board shall be jointly signed by
the Chair and Vice Chair of the Interim Board and shall be published within
eight days of its adoption.
- Relationship with the Administration during the interim period
6.1. The Interim Board shall appoint/dismiss the Heads of Departments in
accordance with article 5.1. Three Heads of Departments shall be Croat and
three shall be Bosniac. These appointments shall be made based on the
professional qualifications of the individuals appointed. The High
Representative reserves the right to review those appointments/dismissals.
6.2. The Heads of Department are accountable to the Chair and Vice Chair of
the Interim Board. Any decision prepared by a Head of Department which is
unrelated to the daily running of the municipality will be approved by both
the Chair and Vice Chair following consultation within the Interim Board.
6.3. The Heads of Department shall prepare an employment plan for their
respective departments and present it to the Interim Board within three
weeks starting from the date of the appointment of the Interim Board or from
the date of their appointment, whichever comes later.
6.4. The Interim Board shall review and compile the various plans submitted
by the Heads of Departments. The Interim Board shall then adopt a
comprehensive employment plan in accordance with article 5.1 within one week
of the day the last departmental employment plan is submitted.
6.5. Recruitment of staff shall start immediately upon approval of the
employment plan by the Interim Board. When calculating the ethnic structure
of the municipality, the Interim Board will take into consideration the
change of boundaries referred to in paragraph 7 of this Decision based on
the 1991 Census but observe the principle of the 24 June 1999 OHR summary by
allocating posts on the basis of approximate parity
6.6. The Interim Board shall ensure that each Department is provided with
appropriate office space regardless of the ethnic background and political
affiliation of the respective Head of Department.
6.7. The six departments will be the following:
(1) Secretariat for Construction and Urban Planning
(2) Secretariat for Labour, Social Welfare and Displaced Persons
(3) Secretariat for Social Affairs
(4) Secretariat for Economy
(5) Secretariat for Finance
(6) Secretariat for General Management
- Entry into force
This Decision shall enter into force on 6 October 2000 and shall be
published without delay in the Official Gazette of the Federation of Bosnia
and Herzegovina.
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