In the exercise of the powers vested in the High Representative by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Settlement) to the General 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 Art. 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 Conference held in Bonn on 9 and 10 December 1997, in which the Peace Implementation Council welcomed the High Representative’s intention to use his final authority in theatre regarding interpretation of the Agreement on the Civilian Implementation of the Peace Settlement 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) “measures to ensure implementation of the Peace Agreement throughout Bosnia and Herzegovina and its Entities”;
Bearing in mind Article I(1) of Annex 11 of the General Agreement for Peace in Bosnia and Herzegovina, which stipulates that the Parties “shall provide a safe and secure environment for all persons in their respective jurisdictions, by maintaining civilian law enforcement agencies operating in accordance with internationally recognized standards and with respect for internationally recognized human rights and fundamental freedoms…”;
Considering that, in accordance with Article I(1) of Annex 11 aforesaid, there is a need for strengthening the institutional integrity of law-enforcement agencies in accordance with the highest European standards;
Taking into account the need for implementation of the Systems Analysis Project performed by the United Nations Mission in Bosnia and Herzegovina, which will serve to harmonize structures and core aspects of law enforcement throughout BiH and, in particular, the recommendations on basic standards for democratic policing arising from the systems analysis of the Zenica-Doboj Canton police service.
Having taken into account and considered the totality of the matters aforesaid, the High Representative hereby issues the following
DECISION
Enacting the Law on Amendments to the Law on Internal Affairs of Zenica-Doboj Canton (Official Gazette of the Zenica-Doboj Canton”, 1/97 2/98, 8/02 & 10/02) as hereinafter set out.
This Decision, which shall come into force forthwith, shall be published without delay in the Official Gazette of Zenica-Doboj Canton.
The said Law on Amendments, which forms an integral part of this Decision, shall enter into force pursuant to Article 30 thereof on an interim basis until such time as the Cantonal Assembly adopts the same in due form, without amendment and with no conditions attached.
Sarajevo, 6 December 2002 Paddy AshdownHigh Representative
Law on Amendments to the Law on Internal Affairs OF Zenica-Doboj Canton
Article 1
Article 2, paragraph 1, item 5 shall be amended to read as follows:
“Tasks and duties related to: the holding of public gatherings, and the possession and carrying of weapons and ammunition,”
In article 2, paragraph 1, after item 5, a new item 6 shall be added to read as follows:
“Tasks and duties related to: identification cards, personal name, reporting residence and stay, unique identification number of citizens, record books, issuance of travel documents, registration of motor vehicles, driving tests and issuance of driving licenses, supervision of the implementation of regulation on protection from fire and explosions, and movement and stay of foreigners as well as association of foreigners and international organizations in accordance with legal authorisations.”
Article 2
Article 3 shall be amended to read as follows:
“Tasks within the jurisdiction of the Canton shall be performed by organizational units in the Ministry, which include the Minister’s Cabinet, the Administration of Police and the Administration of Administration and Support.”
The Book of Rules on internal organization and systematisation shall determine the number and type of organizational units from the previous paragraph.
The Administration of Police is responsible for the performance of tasks and duties stipulated in Article 2, paragraph 1, items 1 through 5.
The Administration of Administration and Support is responsible for tasks and duties specified in item 6, and any other tasks within the Ministry’s competence apart from those tasks that are assigned by law to the Minister’s Cabinet and the Administration of Police.”
Article 3
Article 5 shall be amended to read as follows:
“The Government of Zenica-Doboj Canton (hereinafter the: Cantonal Government) decides which persons and facilities are to be specially secured, and the Police Commissioner shall define in what way such persons and facilities are to be secured.”
Article 4
In article 7, the words “Employees of the Ministry, especially,” shall be deleted.
Article 5
Article 9, paragraph 1 shall be amended to read as follows:
“The Ministry shall inform the public about questions within its sphere of competence that are of importance to natural and legal persons, as well as regarding measures for the determination of such questions, in accordance with the Book of Rules on basic standards procedures of the police in public disclosure and media relations.”
Article 6
Article 10, paragraph 2 shall be amended to read as follows:
“A Police Administration shall be formed within the Canton, and shall be responsible for serving one or more municipalities.”
Article 10, paragraphs 6 and 7 shall be deleted.
Article 7
In article 11, paragraph 1, item 2, the word “President” shall be deleted.
In article 11, paragraph 1, item 10, the words “of active and reserve composition” shall be deleted.
In article 11, paragraph 1, items 11 and 12 shall be deleted.
In article 11, paragraph 1, item 13, the words “active and reserve police forces and other” shall be deleted.
In article 11, paragraph 1, item 23a shall be amended to read as follows:
“Cooperates with and makes available to the Public Complaints Bureau in the Ministry of Interior, supervised by the Commission of Review created by the Cantonal Government and Cantonal Assembly, all documents, with reference to allegations of misconduct of Ministry employees. It shall also make available personnel for questioning and for assistance, as may be required;”.
In article 11, paragraph 1, all items shall be renumbered accordingly.
Article 11, paragraph 2 shall be deleted.
Article 8
Article 14, paragraph 3 shall be amended to read as follows:
“The Police Commissioner appoints and removes the chief of the unit under paragraph 1 of this Article, in consultation with the Minister, and shall carefully take into consideration the latter’s views.”
Article 9
In article 16, the words “the President of the Canton and” shall be deleted.
Article 10
Article 18, paragraph 1, shall be amended to read as follows:
“The Book of Rules on internal organization and systematisation of the Ministry shall be promulgated with the consent of the Government of the Canton by the Minister acting upon a proposal from:
– the Police Commissioner on provisions relating to the work of the police
– the Director of the Administration of Administration and Support as well as the Secretary of the Ministry on all other provisions relating to administrative issues.”
Article 11
Article 18a, paragraph 1, shall be amended to read as follows:
“Constituent peoples and members of the group of Others shall be proportionally represented in the Ministry in accordance with the 1991 Census until Annex 7 of the General Framework Agreement for Peace is fully implemented and at all times and thereafter in accordance with the Constitution of the Federation of Bosnia and Herzegovina.”
Article 12
In article 19, paragraph 3, the words “President of Canton and” shall be deleted.
In article 19, paragraph 3, item 10, the words “money rewards and” shall be deleted.
In article 19, paragraph 3, item 13, after the word “establishes”, the words “under the operational command of the Police Commissioner,” shall be added.
Article 13
Article 20 shall be amended to read as follows:
“In case of absence or inability to work, the Secretary of the Ministry replaces the Minister.”
Article 14
Article 20c shall be amended to read as follows:
“Under the overall supervision of the Minister of Interior, the Police Commissioner shall conduct all police operations in accordance with the Law.
The Police Commissioner shall manage and supervise all police activities related to public safety of citizens, prevention and detection of crimes.
The Police Commissioner shall perform the following tasks:
(i) plans, manages and supervises all police activities on a daily basis;
(ii) directly manages police activities and, in this connection, organizes, plans, supervises, directs, and coordinates the work of the police;
(iii) issues hiring decisions and decisions on termination of job contracts in conformity with this Law and after consultation with the Minister;
(iv) deploys and removes employees to and from appropriate job positions in the Administration of Police, and issues deployment and removal Decisions. Before taking a decision on the deployment or removal of supervisors in the Administration of Police, the Police Commissioner shall consult with the Minister and shall carefully take into consideration the latter’s view;
(v) prepares budget proposals for the needs of the police, and is responsible for all financial and material resources allocated to the police;
(vi) prepares programs, information, analysis and other materials from the sphere of police work;
(vii) informs the Minister on a regular basis on police activities undertaken;
(viii) supervises the work of the Professional Standards Unit, comprising internal disciplinary control, internal inspections and audits, and policy review and development.”
Article 15
In article 20e, the paragraph starting with the words “A candidate for the Police Commissioner must have at least …” shall be amended to read as follows:
“A candidate for the post of Police Commissioner must have at least ten years of police experience in supervisory positions (excluding the period 1 March 1992 – 14 December 1995) and proven ability to manage complex operations. For the purposes of this law, “police supervisory position” shall be understood to mean the rank of Senior Inspector and above. Additionally, s/he shall have the minimum rank of Chief Inspector of Police and he/she shall be required to have spent at least three years in that rank. Candidates for the post of Police Commissioner who have been refused provisional authorisation or certification by UNIPTF shall not be eligible.”
Article 16
In Article 22a, paragraph 2 shall be deleted.
Article 17
In article 23, paragraph 1, the words “, and if required the members of police in reserve” shall be deleted.
Article 18
In article 25, after paragraph 3, a new paragraph shall be added to read as follows:
“Authorized officials in the Ministry shall have ranks. The manner in which they will be awarded such ranks and lose such ranks shall be determined by the Cantonal Government.”
Article 19
In Article 39, paragraph 1, the words “Ministry, i.e.” shall be deleted.
Article 20
Article 45 shall be deleted.
Article 21
Articles 46 shall be deleted.
Article 22
Article 60, paragraph 1 shall be amended to read as follows:
“Authorized officials may not be members of any political party, or members of any Municipal, Cantonal, Entity or State legislative bodies.”
Article 23
Article 63, paragraph 3 shall be deleted.
Article 24
Article 64, paragraph 1 shall be amended to read as follows:
“In case of necessity to complete urgent duties or tasks, interruption of the annual leave of an employee of the Ministry may be authorized by the Police Commissioner for those under his chain of command and for other employees by the Minister or an employee authorized by him.”
Article 25
Article 70 shall be amended to read as follows
“The procedure for determining the disciplinary and material responsibility of the Ministry’s employees shall be determined by the Book of Rules on Disciplinary and Material Accountability.”
Article 26
After Article 70, a new article 70a shall be added to read as follows:
“A Public Complaints Bureau shall be established within the Ministry of Internal Affairs to monitor and oversee the internal disciplinary mechanism as relating to allegations of misconduct of Ministry employees. The duties and responsibilities of the Bureau shall be determined by the Cantonal Government.”
Article 27
Article 72, paragraph 2 shall be amended to read as follows:
“Decisions on temporary suspension in accordance with paragraph 1 of this article are brought by the Police Commissioner for employees under his chain of command and for other employees by the Minister or an employee authorized by him.”
Article 28
Article 75 shall be amended to read as follows:
“The Cantonal Ministry shall organize specialized and refresher courses to improve police performance.
Persons who wish to join the Police shall be selected in accordance with the requirements prescribed by the Book of Rules on work relations for authorised officers.”
Article 29
In Article 82, paragraph 1, item 6 shall be deleted.
Article 30
This Law shall enter into force on 6 December 2002 and shall be published without delay in theOfficial Gazette of Zenica-Doboj Canton.