Status of monument -> National monument

Pursuant to Article V para. 4 Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina and Article 39 para. 1 of the Rules of Procedure of the Commission to Preserve National Monuments, at a session held from 21 to 24 November 2011 the Commission adopted a

D E C I S I O N

I

The architectural ensemble of the Naqshbandiyyah tekke in Živčići, Fojnica Municipality, with movable heritage is hereby designated as a National Monument of Bosnia and Herzegovina (hereinafter: the National Monument).

The National Monument consists of the site and remains of the tekke, the turbe of sheikh Husein-baba Zukić, the turbe of sheikh Mejli-baba and the turbe of sheikh Hasan-baba Hadžimejlić and his sons, and the burial ground.

The movable heritage referred to in para. 1 of this Clause consists of fifty-three 19th and 20th century levhas in the tekke and turbes.

The National Monument is located on a site designated as cadastral plot nos. 1656, 1657 and 1374, Land Register entry no. 304, cadastral municipality Pridola, Municipality Fojnica, Federation of Bosnia and Herzegovina, Bosnia and Herzegovina.

The provisions relating to protection measures set forth by the Law on the Implementation of the Decisions of the Commission to Preserve National Monuments, established pursuant to Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina (Official Gazette of the Federation of BiH nos. 2/02, 27/02, 6/04 and 51/07) shall apply to the National Monument.

II

            The Government of the Federation of Bosnia and Herzegovina (hereinafter: the Government of the Federation) shall be responsible for providing the legal, scientific, technical, administrative and financial measures necessary for the protection, conservation, presentation and rehabilitation of the National Monument.

The Government of the Federation shall provide the resources for drawing up and implementing the necessary technical documentation for the presentation of the National Monument.

The Commission to Preserve National Monuments (hereinafter: the Commission) shall determine the technical requirements and secure the funds for preparing and erecting signboards with basic details of the monument and the Decision to proclaim the property a National Monument.

III

To ensure the on-going protection of the National Monument on the site defined in Clause 1 para. 4 of this Decision, the following protection measures are hereby stipulated:

-       all works are prohibited other than conservation-restoration works, routine maintenance works and works designed to present the National Monument, with the approval of the Federal ministry responsible for regional planning and under the expert supervision of the heritage protection authority of the Federation of Bosnia and Herzegovina;

-       the levhas shall be conserved and restored;

-       the old nišan tombstones in the burial ground shall be conserved;

-       burials and the erection of new nišan tombstones are permitted at a distance of 3 m from the old tombstones, provided that they do not detract from the appearance of the burial ground in shape, materials or size, and that no damage is caused to the old tombstones;

-       landscaping works may be carried out in the burial ground.

The buffer zone consists of the plots adjacent to the National Monument: c.p. 1655, 1654, 1373 and 1370.

In this zone, the extension or enlargement of existing buildings and the construction of new ones that could be detrimental to the National Monument in size, appearance or other manner are prohibited.

IV

The removal of the movable heritage referred to in Clause 1 para. 3 of this Decision (hereinafter: the movable heritage) from Bosnia and Herzegovina is prohibited.

By way of exception to the provisions of paragraph 1 of this Clause, the temporary removal from Bosnia and Herzegovina of the movable heritage for the purposes of display or conservation shall be permitted if it is established that conservation works cannot be carried out in Bosnia and Herzegovina or can be carried out to a higher standard and more quickly and cheaply abroad.

Permission for temporary removal under the conditions stipulated in the preceding paragraph shall be issued by the Commission to Preserve National Monuments, if it is determined beyond doubt that it will not jeopardize the movable heritage in any way. 

In granting permission for the temporary removal of the movable heritage, the Commission shall stipulate all the conditions under which the removal from Bosnia and Herzegovina may take place, the date by which the items shall be returned to the country, and the responsibility of individual authorities and institutions for ensuring that these conditions are met, and shall notify the Government of the Federation of Bosnia and Herzegovina, the relevant security service, the customs authority of Bosnia and Herzegovina, and the general public accordingly.

V

All executive and area development planning acts are hereby revoked to the extent that they are not in accordance with the provisions of this Decision.

VI

Everyone, and in particular the competent authorities of the Federation of Bosnia and Herzegovina, the Canton, and urban and municipal authorities, shall refrain from any action that might damage the National Monument or jeopardize the preservation thereof.

VII

The Government of the Federation, the federal ministry responsible for regional planning, the heritage protection authority of the Federation of Bosnia and Herzegovina, and the Municipal Authorities in charge of urban planning and land registry affairs, shall be notified of this Decision in order to carry out the measures stipulated in Articles II to VI of this Decision, and the Authorized Municipal Court shall be notified for the purposes of registration in the Land Register.

VIII

The elucidation and accompanying documentation form an integral part of this Decision, which may be viewed by interested parties on the premises or by accessing the website of the Commission (http://www.aneks8komisija.com.ba) 

IX

Pursuant to Art. V para 4 Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina, decisions of the Commission are final.

X

On the date of adoption of this Decision, the National Monument shall be deleted from the Provisional List of National Monuments of Bosnia and Herzegovina (Official Gazette of BiH no. 33/02, Official Gazette of Republika Srpska no. 79/02, Official Gazette of the Federation of BiH no. 59/02, and Official Gazette of Brčko District BiH no. 4/03), where it featured under serial nos. 227, 228, 229 and 230.

XI

This Decision shall enter into force on the date of its adoption and shall be published in the Official Gazette of BiH.

This Decision has been adopted by the following members of the Commission: Zeynep Ahunbay, Martin Cherry, Amra Hadžimuhamedović, Dubravko Lovrenović and Ljiljana Ševo.

No:06.2-2.3-77/11-37

22 November 2011

Sarajevo

Chair of the Commission

Dubravko Lovrenović