Federation Forum of 16 April 1998
Chairmen's Conclusions
Mostar, 16 April 1998
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On 16 April 1998, Federation President Ganic, Vice President Soljic, other
Federation officials and representatives of the international community met
at a session of the Federation Forum in Mostar to discuss issues related to
the Cantons with a Special Regime, the continued existence of parallel
structures, media matters, municipal reform and other Federation issues. The
meeting was co-chaired by Senior Deputy High Representative Ambassador Hanns
Schumacher and US Ambassador Richard D. Kauzlarich. The following was
agreed:
Returns
- Participants condemned in the strongest terms the murder of two elderly
Serbs in Drvar on the evening of 15-16 April. The couple was found by SFOR
troops in a burning house after having been beaten and shot. Participants
were shocked by this inhuman act, apparently designed to deter return. They
called for an immediate police investigation to identify and bring to
justice those responsible for this act without delay. The return process
which has started in a promising manner and has further been supported by
the relocation of soldiers from civilian housing will be continued. The
Federation President and Vice President agreed to visit Drvar jointly to
ensure that appropriate measures are taken by Cantonal and municipal
authorities.
- Participants endorsed the partial return plan for eight municipalities
prepared by the Herzegovina-Neretva Canton Ministry for Refugees and
ratified by the Canton government on 20 March 1998. They welcomed the
agreement on the remaining disputed questions on the first return phase in
the Mostar city - municipalities (Annex 1) and called on the Canton
government in its next session to adopt these solutions as part of the
overall return plan.
- Participants appealed for co-operation on the part of both returnees and
current inhabitants in other areas of the Herzegovina-Neretva Canton where
the implementation of the return plan has commenced. They welcomed the
positive role played by the new municipal authorities in Stolac and also
appealed to leaders of municipalities outside of the Canton, such as
Bugojno, Kakanj, Travnik and Vares, as well as within the Canton, such as
Jablanica and Konjic, to increase their efforts to enable return to their
municipalities and to foster a climate of confidence for returnees.
Municipalities with close return related links, also across Canton
boundaries, should open a mutual dialogue on the question of return, on the
basis of already existing Cantonal return plans.
- Participants noted that the European Commission had allocated significant
funds to supporting returns in Central Bosnia Canton, and urged the Cantonal
authorities to increase their efforts to ensure that the return of all
previous inhabitants of the Canton becomes a reality, noting that the
allocation of assistance should be adjusted to the dynamics of the returns.
Specifically Cantonal authorities should establish functioning information
centres for returnees and prevent double occupancy. Some 1,000 heads of
Bosniak families have already returned to the municipality of Jajce, returns
of Croat families continue to municipalities such as Bugojno, Travnik and
Donji Vakuf, and preparations for returns of Serbs have been made.
- Participants were concerned that the Sarajevo Canton had not fully lived
up to commitments to implement measures under the Sarajevo Declaration,
especially those related to return in individual cases and to the launch of
public information campaigns on the Federation Law on Amnesty and on
Cantonal Police plans to improve the security climate for returnees.
Federation officials committed themselves to use their authority to ensure
that the competent Canton authorities take urgent measures to resolve all
individual cases mentioned in the Sarajevo Declaration. The participants
welcomed the start of work of the Sarajevo Housing Committee. They called
upon Cantonal and municipal housing authorities to lend it their full
support, and urged the Sarajevo Canton to intensify its efforts to identify
and resolve the 500 cases of multiple occupancy that were due on 1 April.
- Participants were encouraged by the timely and orderly manner in which
the Federation military authorities relocated parts of the First Guards
Brigade from civilian housing in Drvar. They were reminded that appropriate
permanent relocation of all soldiers who remain in civilian housing should
take place as soon as possible to purpose-built barracks, and that the
practice of "reserving" empty civilian houses for soldiers must stop. The
participants also commended the recent returning of the military training
facility in Vares to its pre-war civilian owner. They reiterated that they
would ensure that vacated housing would be handed over to pre-war
inhabitants.
- Participants stressed the importance of facilitating the return of
elected officials to their homes of origin. They took note of the fact that
this is an obligation under the PEC Rules and Regulations, and obstruction
of this process could result in the revocation of Final Certification.
- Participants acknowledged the need to achieve concrete steps regarding
return to the Republika Srpska, both in the field of legislation on housing
and displaced persons and in practical terms. Return particularly to empty
areas in Posavina and elsewhere will be especially encouraged.
Parallel Structures and Separate Financial Channels
- Participants acknowledged the fact that although officially disbanded,
illegal structures of the former "Croat Republic of Herceg-Bosna" and
"Republic of Bosnia and Hercegovina" continue to exist at different levels,
preventing the full establishment of the Federation of Bosnia and
Herzegovina. These parallel structures include, for example, separate
intelligence services, judicial systems, public utilities and financial
institutions, which need to be integrated, dissolved or privatised. They
welcomed the annexed report on parallel structures submitted by the
Federation Government (Annex 2) and called on the competent Federation
authorities to strictly abide by the deadlines given in the report for the
next steps to be taken. Participants agreed that the World Bank and CAFAO
would forward additional suggestions and comments on the Federation
Government's report on parallel structures to the office of the Prime
Minister, his Deputy and the Federation Forum co-chairs for their further
consideration. The Federation Prime Minister, Deputy Prime Minister and the
Federation Forum co-chairs will meet by 1 May 1998 to discuss progress in
disbanding these parallel institutions.
- Participants were particularly concerned about the dual financial
institutions within the Federation. The Payment Operations Institution is
split between one fund in Sarajevo and one in Mostar through which tax and
customs revenue from Cantons is channelled. Pension funds and health
insurance are similarly split between different branches. Participants
agreed to solving this problem as set out in the Annex.
- Participants agreed that official documents, excluding car licence
plates and vehicle registration documents on which deadlines have already
been agreed, carrying the seal or symbol of the former CRHB or the former
RBiH will not be recognised in accordance with the "Law on the Recognition
of Public Documents on the Territory of the Federation of BiH" published in
the Official Gazette of the Federation of BiH No: 4/98 of 18 February 1998
and will be considered null and void. Issuers of such documents will be
liable for financial and other losses suffered by individuals disadvantaged
by not obtaining documents with proper seals.
- Participants further agreed that until the passing of an amendment to
the Law on the Coat of Arms and Flag of Bosnia and Herzegovina, local flags
and insignia will only be used on public buildings and in public spaces -
such as canton government buildings, municipal administration buildings and
police stations - if accompanied by the Federation flag. Otherwise, no flag
or insignia will be displayed. The ECMM will forward a report to OHR on
implementation of these provisions by 7 May 1998.
Organisation of the Cantons with a Special Regime
- Participants welcomed the adoption of the Law on Ministries by the
Herzegovina-Neretva Cantonal Government and the Cantonal Assembly. They
called for the passing of the following laws within fourteen days following
the announcement of the OHR arbitration decision on the Law on the Courts:
"Law on Public Prosecutor's Office," "Law on Magistrate's Courts," and "Law
on Public Legal Office." The following laws are to be passed within
twenty-one days of April 16: "Law on Cantonal Administration" and "Law on
Local Self Rule."
- Participants acknowledged the fact that the Herzegovina-Neretva Cantonal
authorities cannot start functioning effectively until such a time as they
are working in the same building and Ministers have adjoining offices. They
welcomed that the Blue Bank building, the Velmos building, and the former
Socialist Union building have been identified as the future seat of the
Cantonal Government offices (the Prime Minister and Deputy Prime Minister of
the Federation will confirm that these buildings are available for this
purpose). These arrangements may be modified by the mutual agreement of the
Cantonal Governor and Deputy Governor. The Governor and Deputy Governor will
identify temporary joint offices for key cantonal officials within
twenty-one days. If they are not successful, the OHR will arbitrate a
solution.
- Participants further agreed that it is now essential that the necessary
reconstruction work is costed as a matter of urgency, so that bids can be
made on available funds. Similarly, it is most important that the site for
the permanent location of the Federation Government in Mostar and Mostar
City Administration Offices in the Central Zone is agreed by the City as
soon as possible.
- Participants expressed their dissatisfaction that the adoption of the
budget and the relevant legislation by the Herzegovina-Neretva Cantonal
Assembly on 30 March did not yet result in a single joint budget for the
Canton. They agreed that taxes should be collected jointly from all the
municipalities in the Canton and be directed into a single budget.
Participants agreed to ensure that the City Administration is fully funded
under a joint budget and that all separate accounts will be closed within
twenty-one days from the date of this document.
- Participants deplored the inability of the authorities of the
Herzegovina-Neretva Canton to reach an agreement on a package of legislation
on the Cantonal judicial system. The High Representative has decided to
issue a decision on the issue, following requests for arbitration from the
concerned parties.
- Participants welcomed the arbitration decision on the Mostar Airport
submitted by the High Representative. They requested a report on progress by
15 May from the airport authorities. They further agreed that the
hydro-electric plants on the Neretva and the Mostar railway station as part
of the Central Zone should be managed by applying the same principle of
joint oversight by the City of Mostar in accordance with the Rome Agreement.
A solution will be found within twenty-one days of April 16.
- Participants requested the immediate re-establishment of full and
unrestricted interconnection of telephone lines between the areas of Mostar
served by HPT Mostar and BiH PTT. Until the establishment of a fully
integrated telephone coding system, participants requested that a solution
be found to the incompatibility of the numbering used by HPT Mostar and the
programming of the exchange with the numbers used by BiH PTT.
- Participants noted that the procedure for nominating judges to the
Central Bosnia Cantonal Court had not been fully in accordance with
applicable laws, constitutions and international standards, and recommended
that the Cantonal assembly address these concerns. In particular, since the
Cantonal Assembly did not approve the appointments with a two-thirds vote as
set forth in the Canton Constitution, the appointments made on 30 March 1998
to the Cantonal Court are invalid and the process must be reopened. A
commission composed of qualified legal professionals from the Canton and
Federation will be created to review all applications and make
recommendations to the Canton Governor and his Deputy on appointments to the
Assembly. The appointments must reflect the national structure of the
population in accordance with the 1991 Census as required by law. This work
must be completed by May 1. Participants also called for a review of
judicial appointment procedures throughout the Federation, to ensure that
they comply with relevant laws, constitutional provisions and international
standards, and to remedy any shortcomings which may now exist.
- Participants deplored the continued functioning of a dual payment system
in the Central Bosnia Canton despite the passing of legislation for a joint
budget. As in Herzegovina-Neretva Canton, they agreed that taxes should be
collected jointly from all the municipalities in the Canton and be directed
into a single budget. The governments of both cantons are obliged to
implement the conclusions contained in Annex 2 which lie within their
competence by the given deadlines.
- Participants agreed that for the purpose of bringing the Central Bosnia
Canton Constitution in line with the Federation Constitution, it is
necessary for the Central Bosnia Canton assembly to adopt an amendment in
its next session on the organisation of Travnik as the seat of a Canton
with a Special Regime. This amendment will begin the process of structuring
Travnik as a city consisting of more than one municipality. The Prime
Minister in consultation with his Deputy will appoint an expert Working
Group, to assist the Cantonal and municipal authorities in preparing a
proposal on this restructuring by 1 June 1998. The municipal authorities
will submit a report on the option for the Travnik reform to the Commission
within 10 days after its establishment which will also be made available to
the OHR.
- Participants requested the Governor and Vice-Governor of the Central
Bosnia and Herzegovina-Neretva Cantons to pay joint visits to the
municipalities in their Cantons to accelerate the merging of parallel
municipal administrations. They will pay specific attention to the continued
existence of parallel structures, full functioning of joint municipal
administrations, problems with implementing the Canton return plans, and
the return of elected officials. They will report to members of the
Federation Forum on unresolved questions and include recommendations for
action to be taken.
- The 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.
Police and Security
- Participants agreed that instructions issued by the OHR and the UN IPTF
on 6 February 1998, reconfirmed in the letter of 28 March 1998, and outlined
it the table of responsibilities submitted by the UN IPTF on 2 April 1998
would be implemented in full. They also recommitted themselves to the
Bonn-Petersberg declaration provisions which stipulate, based on the
Constitution of the BiH, that all Cantonal police forces be staffed in
accordance with the national structure as represented by the 1991 census.
The same principles of restructuring would be applied throughout the
Federation. The instructions of the UN IPTF of 2 April will be implemented
by 14 May 1998 at the latest.
- Participants condemned incidents of home destruction and intimidation of
returnees that had occurred in a number of municipalities. They called for
the thorough investigation of such incidents by the police in co-operation
with UN IPTF, and for punishment of perpetrators to the full extent of the
law. They also called on local politicians to make responsible political
statements with the aim of avoiding violent counter-reactions.
- Participants recalled their Federation Forum commitment of 14 April 1997
that police and security forces other than the restructured Cantonal police
forces will cease to function by 22 April 1997. With reference to ongoing
discussions on the merging of the security services, they expressed their
support for efforts to come to a rapid solution. They will also support the
establishment of the Federation police in the shortest possible time frame.
Media Issues
- Participants agreed to do their utmost to encourage freedom of speech in
the Federation and to prevent negative public statements or political bias
that perpetuate intolerance and ethnic hatred. In the run-up to the
elections, they also stressed their commitment to ensure media space opened
to provide for an equitable access for all political parties. In this
context, participants reaffirmed their support for the Media Experts
Commission (MEC) and its subordinate regional sub-commissions and their
commitment to abide by their decisions.
- Participants took note of the initiative submitted by the High
Representative to the Bosniak Chair and the Croat Member of the Presidency
on the transformation of RTV BiH into the Federation BiH central public
broadcaster. Subject to their decision, they agreed to speed up the process
and called on all involved to facilitate and expedite this. This will
require RTV BiH to be operated in accordance with democratic media practices
and for it to represent all legitimate political and cultural opinion
through its programmes.
- Participants agreed to lend their full support for the establishment of
the Intermediate Media Standards and Licensing Commission (IMSLC). They
agreed to ensure that the framework structure of the IMSLC, in particular
the licensing of broadcasting, would be established by mid-April 1998.
Municipal Reform
- Participants welcomed the adoption of the Law on New and Split
Municipalities by the Federation Parliament on 21-22 January 1998 and
decided to initiate the second phase of municipal reorganisation. For this
purpose, an Inter-Ministerial Commission chaired by the Ministers of Justice
and Urban Planning and Environment, and consisting of representatives from
these Ministries, as well as the Council of Europe and the OHR, will be
established to prepare the reform in the area of municipal organisation,
with the aim of submitting an agreed proposal by 31 December 1998.
Participants acknowledged the fact that a number of applications had already
been made for the creation of new municipalities and changing of boundaries,
but agreed that these would be considered within the overall work of this
Commission.
- Participants noted that in preparation of the Federation Forum the issue
of the name of Gornji Vakuf had been discussed with local officials without
any result. They reconfirmed that the official name of the municipality was
Gornji Vakuf, but agreed that the Gornji Vakuf municipal assembly could
accept the use of the name Gornji Vakuf-Uskoplje. They reconfirmed that the
question of the name can under no circumstances be connected to the
implementation of the election results and the establishment of a unified
municipal administration.
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