Based on Article VII, Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina and Article X of the Decision on the Commission to Preserve National Monuments, issued by the Presidency of Bosnia and Herzegovina at its 119th session held on 21 Dec. 2001 (Official Gazette BiH, no. 1/02), the Commission to Preserve National Monuments, at session held 07.-11. May 2002., issued the following
RULES OF PROCEDURE
FOR THE WORK OF THE COMMISSION TO PRESERVE NATIONAL MONUMENTS
I – BASIC PROVISIONS
The Rules of Procedure shall regulate the mode of operation of the Commission to Preserve National Monuments (hereinafter: the Commission) as an institution of Bosnia and Herzegovina, established under Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina (hereinafter: Annex 8), the seat of the Commission, the rights and duties of the Commission members, scheduling Commission’s meetings, mode of decision-making and Commission’s acts, procedure of issuing individual acts envisioned by Article V of Annex 8, mode of cooperation with the competent institutions and bodies of Bosnia and Herzegovina and the entities, transparency of its work, as well as other issues of importance for the work of the Commission.
If an issue with the mandate for the work of the Commission has not been defined by the Rules of Procedure, it shall then be defined in a conclusion issued by the Commission.
In the exercise of its duties, the Commission shall act in accordance with the Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina.
In issuing the decisions referred to in the previous paragraph, the Commission shall be guided by uniform criteria, agreed upon and adopted at Commission’s meetings.
The seat of the Commission shall be in Sarajevo.
If need be, the Commission may organize the exercise of duties falling under its jurisdiction outside its headquarters.
The Commission shall have a round-shaped seal, with the following text imprinted: Bosnia and Herzegovina and the Commission to Preserve National Monuments. The text shall be written in the Latin alphabet and the Cyrillic alphabet in concentric circles, which directly encircle the coat of arms of Bosnia and Herzegovina, placed in the middle of the seal.
The size, the use and the making of the seal are regulated by the Law on the Seal of Bosnia and Herzegovina Institutions (BiH Official Gazette, no. 12/98).
The work of the Commission shall be transparent.
Exceptionally, for justified reasons, the public may be excluded from the work of the Commission by the decision of the Commission.
The Secretariat of the Commission shall deal with all expert, technical and administrative issues for the needs of the Commission.
The staff of the Secretariat will generally represent the ethnic groups comprising Bosnia and Herzegovina.
Equitable use of languages and alphabets of the peoples of Bosnia and Herzegovina shall be ensured in the work of the Commission.
Working languages of the Commission are official languages of Bosnia and Herzegovina and English.
II – MODE OF OPERATION OF THE COMMISSION
1. Commission’s Chair
The Commission shall be chaired by a chairperson (hereinafter: the chair).
Eligible to be the chair is any member of the Commission who is a citizen of Bosnia and Herzegovina.
Members of the Commission shall rotate in the chairperson’s post every six months.
The appointment of the first chair and the order of chair rotation shall be set forth at the first meeting of the Commission.
The chair shall:
- represent the Commission,
- convene meetings of the Commission and preside over the meetings,
- propose the agenda,
- sign decisions, conclusions and other acts issued by the Commission,
- sign international contracts from the area of national monuments protection.
In the event that the chair has been prevented from attending, the chair’s duty shall be performed by the member of the Commission who is the next in line of taking over the post.
2. Members of the Commission
Members of the Commission (hereinafter: the members) shall have the right and duty to:
- propose solutions for issues falling under the Commission’s jurisdiction,
- contribute to preparing certain documents,
- take part in issuing Commission’s decisions and conclusions,
- propose discussing certain issues falling under the Commission’s jurisdiction.
The members are obliged to attend Commission’s meetings, and in case they are prevented from so doing, they have the obligation to duly inform about it the chair or the executive officer of the Commission.
Exceptionally, in case he/she is prevented for justified reasons from attending the meeting, a member of the Commission may submit his/her written proposal of the decision or conclusion, with the signature and the date when the proposal was sent.
The members are obliged to act in accordance with the decisions and conclusions of the Commission, and to carry out the duties and tasks set in Commission’s acts in an expert, qualified and duly manner.
Should a Commission member fail to comply with the provisions set forth in Articles 11, 12 and 13 of the Rules of Procedure, or in case he/she is prevented from taking part in the Commission’s work for a period exceeding six months, the Commission shall request from the Presidency of Bosnia and Herzegovina (hereinafter: the BiH Presidency) to discuss the need to dismiss that member and appoint another one.
3. Executive Officer of the Commission
The Commission shall appoint the executive officer for a period of two years, with the possibility of re-appointment.
Duties and tasks of the executive officer shall be defined by the Rulebook on the Internal Organization of the Commission.
The Executive Officer is responsible for his/her work to the Commission.
4. Meetings of the Commission
The Commission shall work and make decisions at its meetings.
Meetings shall be convened by the chair himself or at the proposal of the members of the Commission, the Council of Ministers of Bosnia and Herzegovina or the BiH Presidency.
Meetings shall be convened in writing, but may exceptionally be convened by fax/telephone in urgent situations.
The inaugural session of the Commission shall be convened by the General Secretariat of the BiH Presidency.
Meetings of the Commission shall in principle be convened every other month and shall last up to six days.
The proposed agenda shall be delivered to the members for agreeing at least seven days before the invitation.
Exceptionally, the agenda may be changed even after the invitation has been sent out, with the agreement of all members.
In the course of the meeting, the agenda that has already been agreed upon cannot be supplemented by new items, except in exceptional cases referred to in Article 20 , Paragraph 2, of the Rules of Procedure.
Invitation for meetings with the agreed agenda shall be delivered to the members not later than ten days before the meeting.
Exceptionally, only in cases when monuments in question are in danger of suffering substantial damage, when a rehabilitation of monuments is permanently hindered, or at the request of the Council of Ministers of Bosnia and Herzegovina or the BiH Presidency, a meeting may be convened within a period shorter than ten days.
Attached to the invitation shall be the minutes from the previous meeting, as well as the relevant documents on the issues proposed on the agenda.
Exceptionally, in cases referred to in Article 20, Para 2, of the Rules of Procedure, documents relevant for particular items on the agenda may be delivered immediately before or at the very meeting.
Meetings of the Commission shall in principle be held at the Commission headquarters.
Meetings shall be presided over by the chair.
The Commission may hold a meeting at the national monument site if it is necessary for making an immediate insight into the situation regarding the national monument whose status is subject to decision.
Meetings of the Commission shall be attended by its members, the executive officer and a secretary. .
Meetings may also be attended by interested parties , on which the members shall be notified in the invitation for the meeting.
The Commission may hold a meeting if at least four of its members are present.
Meetings shall commence by verifying the agenda.
The agenda shall be deemed as verified when a majority of the members have voted for it.
The first item on the agenda is the adoption of the minutes from the previous meeting, and the report on the realization of the conclusions made at that meeting.
There shall be debate about every item on the agenda, after which decisions and conclusions of the Commission shall be issued.
5. Decision making and minutes
Decision making shall be made by public voting of the Commission members.
The voting shall be carried out by declaring one’s opinion in terms of “for” or “against” a particular proposal.
A member may abstain from voting, except in case when a decision is made on declaring a property to be a national monument.
Decisions and conclusions of the Commission shall be deemed adopted when four members have voted for them.
If the Commission fails to agree on declaring a national monument or other issues of significance for the protection of monuments, the disputable issue must be further study.
Voting results shall be announced by the chair.
Voting results shall be entered in the minutes.
The Chairman is responsible for the minutes been taken during the sessions of the Commission.
The minutes shall include: the ordinal number of the meeting, the chair’s name, the names of those present and absent, names of persons attending the meeting at the invitation, the date and the hour of the beginning and the end of the meeting, the agenda, decisions and conclusions of the Commissions on particular items on the agenda.
If he/she finds it significant for the minutes, a member of the Commission may enclose an authorized summary of his/her discussion as an integral part of the minutes.
For each conclusion setting certain tasks, the minutes should identify those who are supposed to carry out the tasks, as well the time-frame for their execution.
Each member is entitled to request that his/her separate opinion be entered into the minutes.
The minutes shall be signed by the chair..
The adopted minutes shall be verified by the seal of the Commission.
The Secretariat of the Commission shall be charged with keeping the verified minutes.
6. Commission’s acts
In exercising its powers, the Commission shall issue decisions, conclusions, instructions and other acts in accordance with Annex 8, the Decision on the Commission to Preserve National Monuments in BiH and other regulations of Bosnia and Herzegovina.
The Commission’s decisions designating a property as a national monument shall be published in official gazettes of Bosnia and Herzegovina, the entities and District Brcko.
Other acts of the Commission shall be published if the Commission so decides.
III – PROCEEDINGS BEFORE THE COMMISSION
A petition for the designation of property as a national monument (hereinafter: the petition) shall be submitted to the Commission in conformity with Article V of Annex 8.
If the Commission receives a submission contains any formal flaws
that prevent taking further actions, or if it is incomprehensible or incomplete, it may not be rejected only on such grounds. The Commission shall take all action that will ensure removal of all flaws, and shall set a deadline for the applicant until which he/she is obliged to remove all flaws. Such a request may be communicated to the applicant in writing, by fax, or by phone, and also verbally if the applicant is in presence of the organ which is making such a request. The organ shall make an official report about the request in the records.
The Commission shall, without any special request, issue individual decisions for all properties included in the Provisional List of National Monuments, and shall carry out the procedure envisioned in Article V of Annex 8.
The Commission shall design uniform petition forms according to the type of property, and shall publish them in the official gazettes of Bosnia and Herzegovina, the entities and District Brcko.
The bases for making a decision on the designation of property as a national monument shall be defined by the Criteria for the designation of national monuments, issued by the Commission.
Exempted from the provision set forth in the previous paragraph of this article are urgent cases as defined in Article 20, Para 2, of the Rules of Procedure.
Before making the final decision whether to designate the property as a national monument the Commission shall give an opportunity to the owners of the proposed national monument, the petitioner, the institutions charged with preserving the heritage, expert and scientific institutions, experts and scientists, as well as other interested persons or entities, to present their views.
Pending the final decision by the Commission, but not longer than one year from the date of the petition submission, all parties shall refrain from taking any deliberate measures that might damage the property.
Not later than seven days from the petition submission, the Commission Secretariat shall notify the competent authorities and institutions of the municipality and the Entity and District Brcko in whose territory the property is situated about the obligation lied down in Article V Paragraph 2 of Anex 8 and in accordance with the lows of entities and District Brcko. Paragraph 1 of this Article.
The Commission shall, in each particular case and in accordance with the adopted criteria, issue a written decision containing any findings of fact it deems appropriate, the boundaries of the immovable property designated as a national monument, conditions for its protection, as well as a detailed explanation of the basis for its decision.
The Commission is obliged to decide on the petition within one year from the date of its submission.
Exempted from the provision set forth in the previous paragraph of this article are urgent cases as defined in Article 20, Para 2, of the Rules of Procedure.
Decisions of the Commission shall be final and enforceable in accordance with the existing laws of Bosnia and Herzegovina and the Entities.
The Secretariat shall forward the decision on the designation of property as a national monument to the competent municipal authorities for the purpose of its entering into the land registers , as well as to the competent Entity authorities for the undertaking of the measures set out in Article V, Paragraph 5, of Annex 8.
V – COOPERATION WITH COMPETENT INSTITUTIONS AND BODIES
In exercising its powers, the Commission shall cooperate with the competent institutions and bodies of Bosnia and Herzegovina, the Entities, District Brcko, cities, cantons and municipalities, on all issues of significance for the work of the Commission.
In deciding upon the petition, the Commission may ask for an expert opinion of relevant domestic and international institutions or experts.
International cooperation of the Commission shall be regulated by a special act which shall be issued by the BiH Presidency at the proposal of the Commission.
VI – TRANSPARENCY OF COMMISSION’S WORK
The Commission shall inform the public about its work, decisions and conclusions issu and positions taken, through press conferences, publishing the decisions in official gazettes of Bosnia and Herzegovina, District Brcko and the entities, issuing an bilingual annual bulletin , publishing acts and information about the Commission’s work on the official web site, and by submitting an annual bulletin to the BiH Presidency.
The Commission may decide which materials and information cannot be available to the public, when it is in the interest of conducting during the process of designating a property as a national monument or its protection in accordance to the all applicable lows of BiH .
The Commission may task one of its members to organize talks with media representatives or a press conference regarding certain issues falling under the competence of the Commission.
VII – FINAL PROVISIONS
The Rules of Procedure shall enter into force on the day of adoption.
On the day of its entering into force, the Rules of Procedure shall supersede the Rulebook of the Commission to Preserve National Monuments in Bosnia and Herzegovina, adopted at a meeting of the Commission held on 8 May 1996.
The Rules of Procedure shall be published in the “BiH Official Gazette.”
Sarajevo, May 10th 2002
Pursuant to Article 7 of the Decision on the Commission to Preserve National Monuments (Official Gazette of BiH nos. 1/02 and 10/02), at a session held from 7 to 12 October 2003 the Commission to Preserve National Monuments adopted a
D E C I S I O N
on an amendment to the Rules of Procedure of the Commission to Preserve National Monuments
In the Rules of Procedure of the Commission to Preserve National Monuments (Official Gazette of BiH no. 4/03), Article 34 para. 1, and Article 45, the words «Official Gazettes of Bosnia and Herzegovina, the Entities and Brčko District» are replaced by the words «Official Gazette of BiH».
This Decision enters into force on the date of its adoption and shall be published in the Official Gazette of BiH.
Chair of the Commission
7 October 2003