08/30/2000

Decision annulling the RS Law on Return of Confiscated Property and Compensation

In the exercise of the powers vested in me by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and Herzegovina, according to which the High Representative is the final authority in theatre regarding interpretation of the said Agreement on the civilian implementation of the peace settlement; and considering in particular Article II.1.(d) of the last said Agreement, according to the terms of which the High Representative shall “facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation“;

Recalling paragraph XI.2 of the Conclusions of the Peace Implementation Council which met in Bonn on 9 and 10 December 1997, in which the Council welcomed the High Representative’s intention to use his final authority in theatre in order to facilitate the resolution of any difficulties as aforesaid “by making binding decisions, as he judges necessary” on certain issues including (under sub-paragraph (c) thereof) “other measures to ensure the Peace Agreement throughout Bosnia and Herzegovina and its Entities

Noting that The Law on Restitution of Confiscated Property and Compensation (“Official Gazette of Republika Srpska”, 13/00) is flawed both as to procedure and as to substance.

Having considered, born I mind and noted all the matters aforesaid, I hereby issue the following:

DECISION

The Law on Restitution of Confiscated Property and Compensation (“published in the Official Gazette of Republika Srpska”, 13/00) is hereby annulled.

This Decision shall be of immediate effect as from and including the 30 August 2000 and shall be published in the Official Gazette of the Republika Srpska without delay.

Sarajevo, 30 August 2000Wolfgang Petritsch
High Representative    

Office of the High Representative