- BH-Central Institutions
- Construction of Potocari Memorial Center could start in March
- BiH Constitutional Court OK's two-year ban on purchase of
apartments:
- Reactions to BiH Constitutional Courts decision
- Snezana Savic, new President of BiH Constitutional Court
- Croatian Parliament's visit to Sarajevo was followed by
unprecedented negative publicity
- Federation
- Federation House of Representatives constitutive session to continue
with or without HDZ
- Republika Srpska
- More than 20 thousand property return claims realized in the RS last
year
- RS PM Mladen Ivanic visits Athens
- The RS Government accepted OHR's suggestions
- International community:
- Great Britain and Italy to send specialized teams to BiH to prevent
illegal migrations through Bosnia
- High Representative's appointment of arbitrator for Dobrinja I and
IV shows that local authorities are not prepared to deal with the issue
- Head of OHR Regional Office in Mostar visits Livno Canton
- Brcko Supervisor announces a plan for privatization of companies in
the District
- The High Representative disappointed with Jelavic's letter
- Petritsch imposes arbitration on Dobrinja I and IV
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Central Institutions related Issues:
Construction of Potocari Memorial Center could start in March
Sarajevo papers said that the construction of the Potocoari Memorial
center for the victims of the Srebrenica massacre could start in March.
Officials of the Initiative Board for the establishment of the Memorial
center told the press that the latest series of talks with the OHR were
fruitful and had concrete results. Sadik Selimovic, Board official said
that in the next several days the international community representatives
should decide on the final version of the project and this should mark the
start of the realization of the Memorial center.
BiH Constitutional Court OK's two-year ban on purchase of apartments:
Federation and RS media reported that the the BiH Constitutional Court on
Friday ruled
that the provision of the Federation Law on the Purchase of
Apartments,
concerning the two-year ban on the purchase of apartments for returnees,
is not
in contravention of the Constitution.
At the same session, the court also rejected the request to
assess the
constitutional basis of two articles of the OSCE Rules and Regulations
because
of their not being under its jurisdiction.
A statement issued by the court said that on the first day of its
two-day
session, it ruled that Article 8a, Paragraph 1 of the Federation
Law on
Amendments to the Law on the Sale of Apartments with Occupancy Right
was in
accordance with the BH Constitution.
The provision stipulates that the occupancy right holder on an
apartment
that has been declared abandoned shall only acquire the right to
purchase that
apartment two years after the repossession.
Regarding the other issue, the court rejected, on the basis of its
lack of
jurisdiction, to discuss whether the rules according to which the
OSCE is
authorized to prescribe the procedure and the mode of electing
representatives
to the entity and state house of peoples, are in accordance with
the BiH
Constitution. The motion had been filed by BiH Presidency Croat
member Ante
Jelavic.
The court said that in this case there was no principle of the
local
legislation substitution, given that the Rules and Regulations were
passed in
accordance with the original powers vested in the Provisional
Election
Commission pursuant to Annex III of the General Framework Agreement for
Peace in
BiH.
Reactions to BiH Constitutional Courts decision on two-year ban of sale of
apartments:
Sarajevo's Jutarnji List said on Monday that in general reactions in the
Federation are positive while in the RS they are negative.
President of the Republica Party, Stjepan Kljuic said that this is a
"perfectly normal," decision adding that the two-year period of the ban
is a minimum and that it, maybe, should be extended to even five years.
"We have the least of those who are truly returning and more of those who
just come, rent or sell the apartment and then return from wherever they
came from," Kljuic said.
SDA representatives have a similar opinion.
"This decision contributes to true return and prevents the fictive
return. The goal is that all return to their homes and we support this
decision of the Constitutional Court because we support true return,"
Sefik Dzaferovic, SDA spokesman said.
Mirko Banjac, SPRS representative in BiH Parliament said he thinks that
the Constitutional Court's has nothing to do with law.
"This is the case that includes previous users of the flats and I see no
reason why should they be prevented from freely dispose of their property.
The two-year ban is a nonsense," Banjac said.
Kemal Gunic, head of the Association for return to Banja Luka said that
the decision is "absolutely correct," and that one should not be allowed
to sell it unless they live in the apartment for two years. He said that
this association will ask the High Representative to impose a similar
decision in the RS.
"This would contribute to true return and there will be no possibility
for returnees to immediately sell their flats," Gunic told the daily
RS news agency Srna reported that The RS Minister of Refugees and
Displaced
Persons Mico Micic said the Ministry would back the BiH Constitutional
Court's decision, according to which the returnees to FBiH must spent two
years in thir pre-war apartment before they could purchase it, as in line
with the Constitution. He also announced passing the similar legislation
in RS very soon. "Aythough the decision was made by the outvote it is
nevertheless valid", Micic told SRNA adding the Ministry would continue to
press on the equalising of property laws at BiH level since returnees to
FBiH are in an unequal position comparing to returnees to RS.
Snezana Savic is elected the new BiH Constitutional Court president,
Snezana Savic is elected the new BiH Constitutional Court president,
Sarajevo and Banja Luka papers reported quoting the BiH Constitutional
Court.
In accordance with the BiH Constitutional Court Standing Orders, according
to which the Court leading functions rotate, the Court president in
the next 20-month mandate will be a Serb representative, because this
function in the previous two mandates was held by Croat Mirko Zovko and
Bosniak Kasim Begic.
Editorial - Croatia-B&H - Croatian Parliament's visit to Sarajevo was
followed by unprecedented negative publicity - 'Croatia was expected to
stop supporting the HDZ B&H' (by Snjezana Pavic)
Even before the plane with Zdravko Tomac, Mate Granic, Josip Torbar,
Zeljko Glavan and Milan Kovac landed on the Butmir Airport, the atmosphere
was already steered up hot by the strong letter that Ivo Komsic, the
President of the Croat oldest opposition organisation in B&H - HNV, sent
to Zlatko Tomcic. Komsic openly said that they were coming only to support
the HDZ and prevent their final leaving from power.
Regardless of all the platitudes about Dayton and the necessity of
developing neighbourly relations, it is a fact that the strongest message
from Zagreb was their public support to the HDZ's demand that the model of
the election of deputies to the House of Peoples be reversed. They arrived
in Sarajevo shortly before the B&H Constitutional Court passed its ruling
on Jelavic's appeal for having the constitutionality of the disputed
election rules reviewed, and the head of the Croatian delegation, Zdravko
Tomac, took every opportunity to stress it as a common view of the
delegation. Still, the Constitutional Court, as was expected, declared
itself incompetent of ruling on the demand. The fact that they first met
with Martin Raguz, the Chairman of the B&H Council of Ministers, could be
interpreted as a support to the HDZ.
The delegation from Zagreb definitely did not deserve demonstrations,
since there were none when Kostunica was in Sarajevo, but B&H expected the
new authorities in Croatia to show, a year since the defeat of the HDZ,
that they changed the B&H policy completely, instead of supporting the HDZ
B&H.
Federation
Federation House of Representatives constitutive session to continue with
or without HDZ:
The continuation of the constitutive session of the Federation House of
Representatives will be held in next several days regardless of the
participation of HDZ representatives, Oslobodjenje reported. The session
was cut short on January 15th after HDZ representatives announced that
they are withdrawing temporarily. It was now decided to continue the
session with or without the HDZ representatives, officials of the House
told the press. This means that the House will be enabled to function,
even without an elected President and thus overcome the gap created by
the lack of functioning Federation House of Representatives, officials
said.
Republika Srpska
More than 20 thousand property return claims realized in the RS last year
RS Refugees and DPs Deputy Minister, Dragan Vuleta told the press that
20,500 claims for property returns were realized in the RS in the year
2000. Vuleta said that this marks a serious improvement in the
implementation of property laws in the RS but added that the RS is still
behind the implementation of this process in the Federation. Vuleta also
said that he is convinced that the implementation of property laws will be
even better this year as an intensified cooperation between the two
entities and the international community has been agreed upon.
Perspectives of the Region
Both RS dailies report on visit of the RS PM Mladen Ivanic to Athens where
he attended the meeting on South-eastern Europe, discussing perspectives
of the region.
"I repeated a position that a regional approach to South-eastern Europe is
the only way to have these countries gain the EU membership", said Ivanic
to SRNA news agency.
The RS Government accepted OHR's suggestions
NN report that the RS government adopted suggestions coming from the OHR
to remove the disputable provision "a one-year deadline for purchase of
socially owned apartments" from the Law and according to the RS Ministry
for Urbanism a meeting with the OHR, at which readiness of this Ministry
to remove the Article would be confirmed, should happen soon.
"A Legal team from the OHR has asked us to remove this provision and the
Government accepted. Even before we agreed on these positions and one of
these days we should meet the Head of the OHR team in order to remove all
other disagreements, in case they existed", said Minister Nedjo Djuric.
International community related issues:
Great Britain and Italy to send specialized teams to BiH to prevent
illegal migrations through Bosnia
Great Britain and Italy agreed to send a specialized team of immigration
officials and policemen to BiH to try to put to an end to illegal
migrations through Bosnia, Dnevni Avaz reported on its front page on
Monday. The two Prime Ministers declared a war to illegal traffic of
people via the "Sarajevo route," in the London Observer.
Dnevni Avaz quoting State Border Service officials said that there are 400
illegal border crossings in BiH and added that the Service has not been
informed of the British and Italian initiative.
High Representative's appointment of the arbitrator for Dobrinja I and IV
shows that local authorities are not prepared to deal with the issue
Dnevni Avaz in an editorial on Monday said that the High Representative's
decision to name an arbitrator for Dobrinja I and IV shows that local
authorities are not prepared to take the responsibility for the fate of
these two Sarajevo neighborhoods and those who lived or are still living
there. Petritsch's move is a logical outcome of the failure of local
officials to solve this issue, the daily said. The High Representative has
on several occasions asked the entity Prime Ministers to address this
issue but without response or results. All this shows that in BiH
sometimes the representatives of the international community seem to care
more about the fate of BiH citizens than the local authorities.
Head of OHR Regional Office in Mostar visits Livno Canton
Oslobodjenje reported that the head of OHR's Regional Office in Mostar,
Colin Munro visited the Livno canton. This was his first official visit to
this canton and the main topic of the meeting with local officials was the
economy situation there. International community aid to this canton is
conditioned with the functioning of legal institutions, Munro said and
added that he hopes that there will be a positive turn in the policy of
local authorities in Livno.
Brcko Supervisor announces a plan for privatization of companies in the
District
Brcko Supervisor, Gary Matthews has sent a letter to the Federation and RS
Prime Ministers informing them of a plan for the privatization of public
and state-owned companies in the District, Sarajevo papers reported. The
plan says that the companies of strategic importance will be privatized by
the Brcko District government through tenders authorized by the Brcko
Supervisor. All other companies will be privatized by entities, according
to entity laws but having the interests of the District in mind, papers
said.
The High Representative disappointed with Jelavic's letter
Sarajevo papers over the weekend reported that the High Representative is
disappointed with the undetermined tone of the letter Ante Jelavic, HDZ
President sent to Wolfgang Petritsch because it does not reflect the
seriousness of the situation in an appropriate manner.
OHR officials said that the international community expects the HDZ to
honor and actively promote the decision on the constitutionality of
nations in BiH passed by the BiH Constitutional Court.
Alexandra Stiglmayer, head of OHR Public Affairs also said that the HDZ
should openly express its loyalty to the state of BiH and state that it
does not ask for the establishment of the third entity in BiH.
Bosnian Croat news agency Habena reported on Monday afternoon that the
High Representative announced that he has imposed a decision on
arbitration in Sarajevo's Dobrinja I and IV neighborhoods. The agency
reported that the High Representative told a news conference on Monday
that he imposed the decision because entity authorities could not reach an
agreement on this issues. The agency carries OHR's press release.
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