The mandate of the Commission for the Preservation of National Monuments has expired, Schmidt does not want to give an interpretation, how will new members be elected?

(Patria) - The mandate of three members of the Commission for the Preservation of National Monuments of BiH expired at the beginning of February. The Presidency of BiH appointed three members in 2021, namely Faruk Kapidžić, Zoran Mikulić, and Anđelina Ošap Gaćanović.

Although the process of nominating new members should have started six months ago, it has not happened. The Presidency of BiH should appoint new members within 30 days of the expiry of the mandate.

However, given the decision of the Presidency of BiH to return foreign members to the Commission, the question is how this decision will be implemented and how new members will be elected.

The Chairman of the Presidency of BiH Željko Komšić and member of the Presidency of BiH Denis Bećirović outvoted Željka Cvijanović on this decision at the session on January 12. The proposal to return foreign members was made by Bećirović, but he did not consider the implementation of that decision.

Although Komšić sent an official letter to the High Representative Christian Schmidt on January 27 asking whether the appointment of foreign members to the Commission for the Preservation of National Monuments represents a sui generis and exclusively established procedure in accordance with Annex 8, within which a violation of vital entity interest cannot be declared, as determined by Article V/2 (d) of the Constitution of Bosnia and Herzegovina, in order to avoid a potential veto by Željka Cvijanović, he received an answer only on February 20. Komšić had previously signed the decision which was published in the Official Gazette of BiH, thus it came into effect.

The question is what Schmidt waited so long for an answer. And in his answer, he states that his interpretation is no longer necessary.

“Without prejudging and entering into the merits of the newly adopted Decision, in my understanding, based on the stated Decision, the full composition of the Commission can be appointed in accordance with the procedure prescribed in the Rules of Procedure of the Presidency of BiH, which applies in this case.

In this regard, I believe that my interpretation is no longer necessary, and I welcome the efforts undertaken by the Presidency to enable the unblocking of the decision-making process of this Commission,” Schmidt's response states.

However, Schmidt did not answer the key question of whether a vital entity interest can be declared.

Another question is whether the foreign members to be appointed by the Presidency of BiH at the proposal of UNESCO are foreign policy.

UNESCO confirmed to Odgovor.ba that they have not received an official request from the Presidency of BiH. Until 2001, UNESCO appointed two members, and after that year, they no longer had any role in appointments because the Presidency of BiH adopted a decision that year to appoint all five members of the Commission: three domestic and two foreign.

However, with the new decision of the Presidency of BiH, it is expected that UNESCO will propose two members. But the implementation could get stuck in procedures. Here's how the Rules of Procedure of the Presidency of BiH treat the issue of appointing Commission members.

And paragraph 4 of Article 38 stipulates:

4. In the appointment procedure, each member of the Presidency may propose one name. The Presidency strives to reach a consensus on the appointment of the Chairman of the Council of Ministers. If consensus is not reached, two members of the Presidency can still appoint the Chairman.

The Secretary General shall send the name of the Chairman of the Council of Ministers to the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina for approval. The three members of the Presidency shall attend the session of the House of Representatives at which the appointment is considered.

If the House does not accept the name, or does not confirm the decision of the Presidency on the appointment of the Chairman of the Council of Ministers, the Presidency shall appoint another Chairman of the Council of Ministers within eight (8) days.