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Federation Forum
Chairman's Conclusions
Sarajevo, 12 November 1997
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On 12 November 1997, Federation President Vladimir Soljic,
Vice-President Ejup Ganic, and other Federation officials, together with
members of the international community, met in Sarajevo to continue the
Forum session begun in Travnik on 30 October. The meeting was
co-chaired by U.S. Ambassador Richard D. Kauzlarich and OHR Head of
Political Department Christian Clages. The following points were
agreed upon:
Municipalities
- Participants expressed concern over the fact that the Draft Law on
Split and New Municipalities has still not been adopted by the
Federation Parliament. They addressed the outstanding question of the
boundaries of the Usora municipality, which was supposed to be solved by
1 September 1997. They welcomed the readiness of the OHR to arbitrate
on this disputed issue if President Izetbegovic and President Zubak are
ready to jointly use their full authority to ensure the acceptance and
implementation of any arbitration result.
Legal System Reform
- Participants welcomed the Agreement on the Judicial System for
Cantons 6 and 7 of
10 October 1997, and called for both Cantons 6 and 7 to complete the
establishment of their Cantonal judicial systems in accordance with that
Agreement. In particular, Canton 6 authorities should respect the legal
opinion of the OHR and adopt their Law on Courts immediately, and Canton
7 authorities should adopt a single Draft Law on courts as set forth in
the Agreement. Participants also called for Cantons 4, 7 and 10 to act
expeditiously to delegate their authority to adopt a criminal code to
the Federation.
Property Legislation
- Participants acknowledged that the commitment made at the last
Federation Forum to amend existing property laws by adopting the three
Draft Laws submitted by the Office of the High Representative had not
been met, and agreed that these essential legislative changes will be
made before the PIC meeting in Bonn. They noted that the PIC Steering
Board has stated that it will recommend that sanctions be imposed if the
required changes are not made by that date.
- Participants agreed that Annex 7 must be implemented in full in both
Entities and that legislation must apply the same standards in both the
Federation and the RS. Participants acknowledged the commitment of OHR
to have legislation adopted in the RS which meets the standards of the
Federation and is fully consistent with Annex 7 of the Peace Agreement.
- Participants agreed that the version of the Law on the Cessation of
the Application of the Law on Temporary Abandoned Real Property Owned by
Citizens adopted by the Federation government would be amended as set
forth in Annex 1, and that the version of the Law on Taking Over the
Law on Housing Relations adopted by the Federation government would be
amended as set forth in Annex 2. The Law on the Cessation of the
Application of the Law on Abandoned Apartments will be revised in
accordance with the amendments made to the preceding two laws.
Participants agreed that the Law on the Sale of Socially Owned
Apartments will not be applied until the Federation's property and
housing laws are brought into compliance with Annex 7 of the Peace
Agreement.
- Participants welcomed the suggestion that a mechanism be created,
with the participation of the Federation authorities, under the auspices
of the Return and Reconstruction Task Force (RRTF) to address the
potential effects of the proposed laws, and to formulate recommendations
for alternatives for persons affected by the return of pre-war
occupants. At the same time, Participants noted that housing allocation
problems also must be addressed urgently, and that improvements in the
methods for allocating existing housing would reduce the impact of the
proposed laws. To that end, they committed themselves to working with
the Reconstruction and Return Task Force to implement effective measures
to address housing allocation issues, both in Sarajevo and elsewhere in
the Federation. Participants took note of the remarks of the Federation
Ombudsmen that many effects of these changes in law can be effectively
countered when abuse due to existing housing allocation practices are
revised to meet professional standards in accordance with the law. In
this context, they also recognized the importance of concluding the
overdue census on displaced persons in Bosnia and Herzegovina.
- Recognizing that the protections afforded to pre-war occupants under
the proposed law are designed primarily to ensure the right to return,
Participants agreed that persons who reclaim their socially-owned
apartments under the proposed laws should occupy those homes, and that
restrictions on the resale of apartments reclaimed under the proposed
law were appropriate for an interim period. Participants agreed that
the proposed Law on the Cessation of the Application of the Law on
Abandoned Apartments would be amended to include a provision which would
address these concerns.
Privatization
- Participants agree that privatization is a very important step for
the economic progress of Bosnia. Participants agree to move forward
quickly on the Bank privatization and Opening Balance Sheet laws.
Participants agree to seek technical assistance from USAID, WB, IMF and
U.S. Treasury. The privatization laws which have already been passed
will be published in the official gazette within one week from today (12
November). Participants agree that the institutions with privatization
authority as specified in the law will present to the government by the
end of November, a program of privatization implementation with specific
deadlines. Participants are aware that for privatization to be
successful there must be a context of political and macro-economic
stability and an adequate institutional framework.
- Participants agree that the Bank Privatization should be conducted
by the Ministry of Finance and other institutions in accordance with the
law.
- Participants agree that the Bank Privatization and Opening Balance
Sheet laws will be submitted to the Government not later than 21
November and will be submitted to the Parliament not later than 28
November and will be scheduled for fast track consideration and passage
by Parliament not later than 5 December.
- Participants agree that the Law on Opening Balance Sheets should
include a formulation to address the ownership of state-owned immovables
which has been recorded into the Court Registers in favor of the
respective enterprises and banks.
Education
- Participants noted the decision of the Federation Minister of
Education to revoke the instructions issued on 22 January 1997 and 15
July 1997 on "The Use of the Curricula and Two Education Plans on the
Whole Territory of the Federation of BiH," and agreed that
discrimination resulting from implementation of the Instructions should
be rectified with appropriate remedies provided.
- Participants emphasized that an essential purpose of education
should be to promote understanding and reconciliation among the ethnic,
religious and cultural groups of Bosnia and Herzegovina, while
recognizing that parents have a right to see their children educated in
conformity with their convictions. They pledged to work together to
ensure that all persons in the Federation are educated according to
their needs, in a manner which also contributes to tolerance and
stability within the multi-ethnic state of Bosnia and Herzegovina, and
in full accordance with the relevant provisions of the Constitution of
Bosnia and Herzegovina, the Federation Constitution, and the human
rights agreements set forth in Annex 1 thereto.
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