First meeting of the Working Group for drawing up of the Law on Protection of Heritage of Bosnia and Herzegovina

The first, constitutional meeting of the Working Group for drawing up of the Law on Protection of Heritage of Bosnia and Herzegovina was held on 25th March, 2004 in the premises of the Commission to Preserve National Monuments. All members of the Working Group attended the meeting:

1. Dr Dubravko Lovrenović, the Commission to Preserve National Monuments;

2. Srđan Arnaut, the Ministry of Civil Affairs of Bosnia and Herzegovina;

3. Dr Sabira Husedžinović, the Federation of Bosnia and Herzegovina Ministry of Culture and Sports;

4. Gordana Vilušić, the Federation of Bosnia and Herzegovina Ministry of Space Planning and Environment;

5. Maida Ibrišagić, the Ministry of Space Planning, Civil Engineering and Ecology of Republika Srpska;

6. Zoran Mačkić, Archives of Republika Srpska (the representative of the Ministry of Education and Culture of Republika Srpska);

7. Gordana Lukić, the Government of Brčko District, Department of Property Affairs;

8. Dr Enes Milak, Society for Protection of Natural and Historical Values of Jajce Municipality.

The meeting was, furthermore, attended by: Amra Hadžimuhamedović, the member of the Commission, Mirela Mulalić Handan, executive director of the Commission, and Branka Mekić, assistant to executive director.

The purpose of the meeting was the official constitution of the Working Group for drawing up of the Law on Protection of Heritage of Bosnia and Herzegovina, comprised by the official representatives of the above referenced Ministries, the Commission and non-governmental organizations, operating in the field of protection of the cultural heritage. Branka Mekić, B.Sc.iur was appointed a coordinator of expert and technical tasks of the Working Group.

The present agreed not to burden the action of the Working Group with proceedings, this being a main reason for the Rulebook on Working Group proceedings to be considered unnecessary. The final draft bill will be prepared by the members of the Working Group in the manner of reconciling the opinions in discussion, and not by voting.

The Time Schedule of the Working Group, which was adopted on the 13^th session of the Commission, was hereby ratified:

-          By the next, 14^th session of the Commission to Preserve National Monuments, which will be held from 4^th to 10^th May 2004, the Working Group will prepare a draft bill, to be discussed within the session agenda;

-          By the 15^th session of the Commission, which will be held from 6^th to 12^th July 2004, the Working Group will prepare a draft bill to be discussed as a special agenda theme;

-          By the end of the year 2004, the Commission will prepare a final draft bill that will be officially presented to the Council of Ministers of Bosnia and Herzegovina, through the Ministry of Civil Affairs, in order to undergo the procedure of enactment.

The present at the meeting discussed the issues, which could be classified into three major groups:

            -   Legal framework for protection of the cultural heritage of Bosnia and Herzegovina;

            - Institutional framework for protection of the cultural heritage of Bosnia and Herzegovina; and

            - Financing of the activities and the Institutions to protect the cultural heritage of Bosnia and Herzegovina.

In addition to the themes given in detail by the Report on the Project on drawing up of the legal and institutional framework implementation progress (Report on visit by Robert Pickard, expert from the European Council), this meeting gave raise to many other themes to be discussed in the period of drawing up of the draft bill:

-          The scope of the law (apex Law or Law putting out of effect all regulations on protection of cultural heritage);

-          Classification of property and the methodology of protection of each category;

-          Revisions of all decisions issued by the authorized institutions on all levels of authority after the war, regarding the status of State institutions responsible for protection and preservation of movable property (the National Museum of Bosnia and Herzegovina, The Art Gallery of Bosnia and Herzegovina, The National and University Library of Bosnia and Herzegovina, The Historical Museum of Bosnia and Herzegovina, The Museum of Literature and Drama of Bosnia and Herzegovina, and The Film Library of Bosnia and Herzegovina);

-          Issuing of the Certificate of Occupation;

-          Revival of cultural heritage as an economic resource (tourism, and other economic activities);

-          New sources of investment for protection of the heritage (establishment of national fund for protection of heritage, concessions, etc.);

-          Denomination and protection of environmental ensembles and heritage with integral values (combined natural and architectural heritage);

-          The status of the buildings intended for the movable property to be kept in;

-          Authorizations and the proceedings to issue approvals for all kinds of activities related to the heritage.

After closing of discussion, the following conclusions were adopted:

1.       The Instructions of the European Council are adopted, comprising of three major parts, each part related to certain category of heritage and issues to be discussed within the Law: A – architectural heritage, B – archaeological heritage, and C – movable heritage, bearing in mind that each issue should be worked out in detail;

2.       Besides the issues given by the Instructions of the European Council, the Law should comprise the following:

-          Introduction: definitions and glossary of terms, principles of heritage protection;

-          Institutional framework (intervention of all protection authorities should be detailed);

-          Implementation of the Law;

-          Financing of protection activities and relevant Institutions;

-          Penal provisions;

-          Transitional and final provisions.

The Working Group agreed that the Law regulate the following, as well:

-          Notion and protection measures of non-material heritage (music, language, oral tradition, etc.);

-          Authorization to prepare architectural documentation/design, adopting previously two possible models: open approach (documentation may be prepared by any persons satisfying certain criteria), and previously-applied approach (only authorized governmental institution is entitled to prepare the documentation).

Further tasks and activities of the Working Group are agreed as follows:

1.       All members of the Working Group will present to the coordinator written draft bill by Thursday, 1^st of April 2004; all drafts will be collected and discussed on the following meeting;

2.       The following meeting of the Working Group will be held on 8^th of April in the premises of the Ministry for Space Planning, Civil Engineering and Ecology of Republika Srpska in Banja Luka.