05/08/2007 OHR Sarajevo

Brcko Supervisor Issues Order to Address Violations of the Brcko District Statute

Brcko Supervisor Dr Raffi Gregorian today issued a Supervisory Order directing the Brcko District Assembly to establish an internal disciplinary mechanism by which the Assembly should in future deal with infractions and violations of the Statute and its own Code of Conduct. The Supervisory Order also fines Mr Semso Sakovic, the Head of the Caucus of the Party for Bosnia and Herzegovina in the District Assembly, an amount equal to two months of his salary as a Councillor in the Assembly of Brcko District for his misconduct in violation of Article 25 of the Statute.

Article 25 of the Statute of Brcko District requires that “Councillors must conduct their public life in an exemplary, appropriate and ethical manner, performing their duties in accordance with their conscience and for the exclusive welfare of the District and Bosnia and Herzegovina.”

Mr Semso Sakovic has recently conducted himself in a manner that damaged the reputation of Brcko District and the Assembly by making rude and offensive gestures on national television. His failure to accept responsibility for his own action or to apologize to the people of the District or his fellow councillors falls far below the standards required by Article 25. Mr Sakovic’s actions occurred after he made public charges of serious misconduct against international officials and, although challenged to give evidence to substantiate his allegations, he failed to do so. His actions are part of a broader pattern of behaviour by Mr. Sakovic that wantonly damages relations between Bosniak councillors and the Supervisor.

It should have fallen to the Brcko District Assembly and his party president, who was informed of Mr. Sakovic’s actions, to censure such offensive and demeaning behaviour. Unfortunately, no such remedial action was taken by either of them. The Supervisor therefore regrets that he had to act himself in this case. The District Assembly has no procedure by which it can sanction violations of Article 25 of the Statute by its members. There is no efficient legal mechanism for implementing the standards that Article 25 of the Statute requires, and for holding accountable those Councillors whose conduct falls beneath that standard.

Therefore the Supervisor has also instructed the President of the District Assembly to convene a committee to prepare a revised Code of Conduct for members of the District Assembly, which, inter alia, includes provisions for a disciplinary procedure and penalties where a Councillor has violated the Statute of Brcko District or the Assembly’s Code of Conduct.

The Supervisor reminds all public officials in the Brcko District of Bosnia and Herzegovina that the Statute and the Laws of the District and Bosnia and Herzegovina are to be observed in full. They are not items on an à la carte menu from which they can choose to apply only those parts they like. District residents are entitled to expect proper and lawful behaviour by those they elect and whose high salaries they pay for with their taxes. It is also necessary to ensure the highest standards of service to District residents, and to maintain public confidence in the District as a politically stable and economically attractive administrative unit in Bosnia and Herzegovina.