Minister Bošnjak submits proposal to the BiH Council of Ministers: Will the National and University Library of BiH get a new management structure?

(Patria) - Minister of Civil Affairs of BiH, Dubravka Bošnjak, held a working meeting on Tuesday, 10 September 2024, with Aldin Huskić, President of the Employees' Council of the National and University Library of BiH (NUBBiH). The President of the Employees' Council informed the Minister about the current situation in this institution, after Mr. Ovčina, who served as director of the institution, met the conditions for retirement.

The Minister provided strong support for the work of NUBBiH and expressed hope that the competent institutions will take all necessary steps to overcome the situation in which NUBBiH finds itself. The Minister also hopes that the BiH Council of Ministers will consider and adopt the proposals submitted by the Ministry of Civil Affairs of BiH at its very next session, which would enable the unblocking and normal functioning of NUBBiH.

The Ministry urgently submitted to the BiH Council of Ministers the Information on the status of the Public Institution NUBBiH and conclusions granting consent and a proposal to the Government of the Federation to appoint management structures in NUBBiH for a period not exceeding 12 months, in accordance with competencies in the field of culture and management of public institutions in the Federation of BiH. The Ministry of Civil Affairs of BiH had already initiated this in May of this year, this time addressing the Office of the Chairperson of the BiH Council of Ministers and the offices of her deputies, as well as the Ministry of Justice of BiH and the Ministry of Finance and Treasury of BiH, with the aim of finally resolving the issue of the status of scientific and cultural institutions whose legal and financial status has not been resolved. It is expected that the expert Working Group will prepare a proposal that will ultimately be adopted and systematically resolve the issue of these institutions facing problems with functioning and status.

Unfortunately, to complete the expert Working Group, which would begin concrete work and propose solutions, it is necessary for the Office of the Deputy Chairperson of the BiH Council of Ministers to appoint its representative.

The Ministry also sent an additional urgent request to fulfill this condition. The rules of NUBBiH, adopted by the NUBBiH Management Board, stipulate that supervision over the legality of NUBBiH's work is carried out by the Federal Ministry of Education, Science, Culture and Sports of BiH. The seven-member Management Board was previously appointed by a Decision of the Federal Minister of Education, Science, Culture and Sports.

In the earlier period, the Ministry of Civil Affairs of BiH initiated a series of activities that were, unfortunately, suspended or did not receive support from the competent bodies. The activity related to the appointment of acting members of management and supervisory boards in cultural institutions whose legal status has not been resolved was the subject of decision-making and consideration by the Appeals Office at the BiH Council of Ministers, which annulled the Ministry's decisions on appointing acting members of management and supervisory boards in these institutions.

Such a decision by the Appeals Office at the BiH Council of Ministers was subsequently confirmed by the Court of BiH. Unfortunately, guided by previous decisions and rulings of judicial bodies, re-proposing judicially contested solutions would further complicate the current situation.

However, as we have already mentioned, we submitted the Information with a proposed solution that is in line with the current situation and the competencies of the deciding institutions, hoping that the conclusions will be adopted. The Ministry of Civil Affairs of BiH and Minister Bošnjak give strong support to NUBBiH, and we hope that the BiH Council of Ministers will respond positively to our initiatives. Any legal and other proposals prepared by the Ministry must be approved by the BiH Council of Ministers, as well as by the Parliamentary Assembly of BiH, which has the authority to decide on these matters.

According to the Opinion of the Ministry of Justice of BiH from 2015, the original competencies of BiH are defined by Article 3 of the Constitution of BiH, which also specifies that all governmental functions and powers not expressly vested by the Constitution in the institutions of BiH belong to the entities, which also applies to the field of culture.

The Opinion also states that the Parliamentary Assembly of BiH is the only substantively and originally competent institution that can assume founding rights over cultural institutions of significance for BiH, after which the procedure for appointing members of management structures by the authorized bodies of BiH could be initiated.

The Ministry of Civil Affairs of BiH is aware that this situation represents a serious challenge for our institutions and our academic community. These scientific and cultural institutions are the guardians of knowledge and cultural heritage, and the continued operation of these institutions is of vital importance for everyone in BiH.

We remind you that the Ministry of Civil Affairs of BiH, in accordance with its competencies within the special purpose program, implements an annual current grant from the BiH Council of Ministers to support cultural institutions, registered non-profit organizations and associations, as well as projects, programs and individuals engaged in the field of culture.

By decisions of the BiH Council of Ministers, the allocation of funds for NUBBiH was also carried out. This is the only legal possibility for support from the Ministry of Civil Affairs of BiH to any cultural institution, including NUBBiH.