OŠAP-GAĆANOVIĆ: POLITICAL STRUGGLE OVER REGULATORY PLANS AND INVESTMENTS IN THE FBiH HAS PARALYZED COMMISSION’S WORK

ISTOČNO SARAJEVO, FEBRUARY 5 /SRNA/ – Member of the Commission preserving national monuments from Republika Srpska Anđelina Ošap-Gaćanović told SRNA that this Commission's work must be protected from political influence, stressing that the signed decision concerning this body fully represents anti-Dayton activities by the Bosniak and Croat members of the BiH Presidency.

"With the decision adopted by outvoting the Serb member of the Presidency Željka Cvijanović, the status of independence granted to the Commission by the Dayton Peace Agreement is annulled, while the Presidency of BiH assumes powers to regulate the work of the Commission that do not belong to it under the Dayton Accords," she noted.

She explained that the Commission's work regulation is the exclusive competence of that body, as established by Article 7 of Annex 8 of the Dayton Peace Agreement.

"Under Annex 8, the Presidency of BiH is competent only to appoint Commission members and in no way can subordinate an independent Commission to itself, since such authority is not provided for by the Dayton Peace Agreement," Ošap-Gaćanović emphasized.

She added that parts of the Presidency of BiH’s decision were passed fully opposing Annex 8, therefore cannot produce legal effect.

"Media statements by representatives of the offices of Presidency members Željko Komšić and Denis Bećirović clearly indicate that the Presidency of BiH is fully aware that the provisions of the decision were passed beyond its authority /ultra vires/ and are inapplicable in the work of the Commission, as they are in direct conflict with the provisions of Annex 8," said the Serb member of the Commission.

She pointed out that an act of lower legal force cannot be used by the Presidency of BiH to derogate, amend, limit, or condition what is prescribed by Annex 8, particularly with regard to the Commission’s powers under Article 7 of Annex 8 and the hierarchy of decision-making within the institution.

"The decision in question does not have the real purpose of appointing foreign members of the Commission, as is presented to the public, but rather of annulling its independence, its existing structure, and its Dayton-based character. The goal is to transform the Commission, through administrative changes, procedures, and competencies, into an administrative organisation, thus using it as a weapon in construction and planning wars between opposing policies in the FBiH," Ošap-Gaćanović warned.

She added that this could already be seen live through mutual accusations and attacks.

"Even now, the work of the Commission needs to be protected from political influence that was introduced into the Commission in 2022, when two members from the FBiH also became representatives in cantonal assemblies and began using the mechanisms of the Commission to favour, control, and halt investments of opposing political options," Ošap-Gaćanović stressed.

She indicated that the political struggle over regulatory plans and investments in the FBiH, conducted through the Commission, has completely paralyzed the Commission's work on its core mandate - granting the status of national monuments, and has compromised its independence.

"The BiH Presidency's decision represents an adventurous continuation of these actions," Ošap-Gaćanović stated.

Presidency Chairman Željko Komšić yielded to pressure and signed the decision on the Commission preserving national monuments, which had been adopted by outvoting the Serb member Željka Cvijanović at the 27th regular session held on January 12.

"It is clear that this issue was delegated by Denis Bećirović in order to win over the Bosniak public, not to resolve a concrete problem, and that Komšić yielded to that public pressure and signed the decision," said Serb member of the Presidency Željka Cvijanović.