Office of the High Representative Speeches

Statement

by Brcko Supervisor Robert W. Farrand

On Municipal Election Results and Orders on Multi-Ethnic Administration For RS Municipality Of Brcko

October 10, 1997

I am pleased to have this opportunity to talk to you - the citizens of Brcko - about the results of September's municipal election here, and about the meaning of this election for you, and for your children, in the coming weeks and beyond.

The Provisional Election Commission certified the election results for Brcko on October 9 This marks an important milestone on the road to democracy in Republika Srpska. I fully recognize that this journey may be neither easy nor quick.

I know that some questions have been raised about the long and complicated process that has brought us to this point - in particular about the rules governing voter registration. I can assure you, however that we in the international community have done everything humanly possible to ensure that this election in Brcko was conducted in a free and fair manner.

And you are to be congratulated for your part in this process for showing the world outside Brcko that yours is indeed a community of mature people seeking democracy. A community capable of holding a critical election, at a sensitive time, in a crucial place, without giving in to threats, intimidation, or violence. You may be proud of the message that you have sent to the world about yourselves, about the people who call Brcko "home."

Because of your participation in this election, things are already beginning to change for the better.

As the results of the municipal elections from around the country have been announced, you may have noticed that the grip of one-party rule and nationalist slogans on the politics of Bosnia and Herzegovina is beginning to weaken.

Your votes have sent the nationalist politicians a clear message: That their time is running short. That you see through their false promises. That you want - no, you demand - real programs that focus on what matters most to you. Programs on jobs, on incomes, on public services, on schools, and a prosperous future. In this sense, the results in Brcko coincide with trends elsewhere in both entities of Bosnia and Herzegovina. Now we - that is, you, the citizens of Brcko, and I -- must work together to implement the results of the election here. How we proceed will make a significant contribution to the future of this municipality and its people, especially its most vulnerable citizens: the elderly, the war invalids, unemployed young adults, and the children. Always the children.

They will be the greatest beneficiaries of a municipal government that is based upon the rule of law. In fact, we now have an opportunity to bring to life and give real meaning to Article 7 of the existing Statute of the Municipality of Brcko, which acknowledges, but in words only, that the rule of law should govern in Brcko.

The rule of law is so important for the future of Brcko. I know you are aware of that. But you also know that for the past 50 years power was applied arbitrarily throughout the former Yugoslavia. Citizens have not had the choices that are their basic human right.

So how will things change, you may ask, and what difference will a Brcko Municipal government under the rule of law make to your life and to the lives of your children?

Under the rule of law the fundamental rights of all citizens are protected equally. Ethnicity and national origin are irrelevant in societies governed by the rule of law. Individuals cannot diminish the power of the law to protect all citizens equally. Citizens acting alone cannot undercut the rights of any resident. And they will not shape the future of Brcko.

Your ethnicity and religion are not grounds for any authority in the Brcko Municipality to deny you access to a decent job, to adequate police protection, or to equal education. This is because the laws and regulations governing education, jobs, housing, health, and all other social services under the rule of law encompass all citizens in society. They exclude no one. The law applies equally to all persons, and the police and judicial offices of the town are required to ensure that the protection of citizen rights becomes a reality. I assure you that my only objective is to establish the rule of law in Brcko.

Let me review with you several factors that are integral to the process of implementing the election results in Brcko.

The Arbitral panel (or tribunal) on the status of Brcko handed down an award on February 14 of this year, which established the position of the Supervisor for Brcko to supervise Dayton Peace implementation throughout the Brcko area.

Second, the Arbitral Award also adopted a series of orders and provisions to implement Dayton in Brcko, which are final and binding upon all Parties.

Finally, the Arbitral Award mandates that following the elections, the Supervisor is "to issue such regulations and orders as may be appropriate to enhance democratic government and a multi-ethnic administration in the Town of Brcko"

As a result, in accordance with that provision of the Arbitral Award, I issued to all political leaders of Brcko earlier today the Supervisory Order on Multi-Ethnic Administration in the Republika Srpska Municipality of Brcko. Orders on Multi-Ethnic Police, and Multi-Ethnic Judiciary will follow in the coming days.

I will not read the text of this order. It is available in English and translation at OHR Sarajevo, Tuzla, and Banja Luka. It will also be available at the OHR Media Center in Brcko. Let me just say that the order takes fully into account the results of the Brcko municipal elections and is in accord with the Rules and Regulations of the Provisional Election Commission.

To summarize, the order on Multi-Ethnic Administration states that:

  1. The Municipal Assembly of Brcko shall have a President, a Vice President and a Secretary. All three shall be of different nationalities.

  2. Decisions of the Assembly will be taken by a simple majority. Decisions on issues of vital national interest shall require a qualified majority, including approval of at least half of the Assembly Members of each national group represented with a minimum of 5 percent of the Assembly seats.

  3. The President of the Executive Board (the Mayor) shall have two deputies (Vice Presidents). The President and the Vice Presidents shall all three be of different nationalities.

  4. The President of the Executive Board shall represent the Municipality of Brcko and shall administer its Municipal Administration. He/she will be assisted in his/her duties by the two Vice Presidents.

  5. The President and Vice President of the Executive Board shall ensure that the staff composition of the municipal administration as well as that of those public services which are financed by the municipality shall reflect the composition of the population of the RS Municipality of Brcko, based on the voters registry and as reflected by the results of the municipal elections of September 13 and 14.

  6. Finally, no referendum shall be called during the period of supervision in Brcko.

The municipal elections and these Supervisory Orders will mark a new beginning for Brcko. This will help bring Brcko under the rule of law.

I said earlier that the road to democracy for Brcko will neither be easy nor quick. But I can say now with certainty that Brcko is on the road.

With your understanding and support for implementation of the Dayton Peace Agreement in Brcko, we can make real change in Brcko.

Let us work together to make democratic government here a reality.


OHR Address by the High Representative
10 October 1997