PARTIES DRAWING BORDERS OF (SHEEP) FOLDS

Formation of New Municipalities in B&H Federation

AIM Sarajevo, 23 April, 1997

The problem of formation of new municipalities on the territory of the Federation of Bosnia & Herzegovina is still the stumbling block in relations between the federal partners

• the Party of Democratic Action (SDA) and the Croat Democratic Community (HDZ). Numerous agreements and negotiations in the past year have not been sufficient for reaching a mutually acceptable compromise. The beginning of work of the new federal Government, due to the uncoordinated stances concerning the law on formation of new municipalities, led to withdrawal of Croat representatives which resulted in total blockade of operation both of the Government and the Parliament of the Federation.

Thanks primarily to the pressure of western tutors of the Federation, the partners in power sat down together at the table one more time, and the result was a "gentlemen's agreement" which prescribed adoption of the law on new municipalities which would satisfy representatives of both nations.

After the pre-draft of the text was subjected to numerous critical remarks of the federal ministers and sent back for further elaboration and coordination in the beginning of March, it seemed that the problem of formation of new municipalities was pushed aside for the sake of "peace in the house". But, the idyll did not last long, and the focus turned to the controversial law again. Along with the Constitutional amendments which refer to organization of Sarajevo and Mostar, the Forum of the Federation proclaimed the law on new municipalities to have priority, postponement of which would seriously threaten global relations in the Federation.

The session of the Government which followed immediately after that, had as two central items on the agenda the Constitutional amendments and the law on new municipalities, the significance of which is best illustrated by the uncustomary presence of deputy high representative of the international community, Ambassador Michael Steiner. Although it was expected that the existing problems were resolved, the discussion which followed showed that an integral and principled solution for the problem of formation of new municipalities was still nowhere in sight. The Croat representatives made it quite clear that for them this was a matter of vital national interest and that they were ready to withdraw from the federal instituutions again if they were outvoted again.

The key problem which caused the most vehement discussion was establishment of the municipality of Usora, on a part of the present Tesanj municipality. The ministers had in front of them the draft law which was expected to regulate formation of new municipalities primarily in cases where pre-war municipalities were divided by the demarcation inter-entity line, while in the previous discussions the Bosniac party responded to Croat demands to form Croat municipalities in the part of the Federation with Bosniac majority population with a list of counter-demands for constitution of Bosniac municiopalities on the territory controlled by the Croat Defence Council (HVO). Therefore, the most frequent counter-demand concerning the Croat municipality of Usora was to have a new Bosniac municipality on the territory of the current Capljina municipality.

At first sight it seems that the whole problem was unnecessarily created. According to the Constitution of the Federation created in Washington, the municipalities - contrary to the previous system in which every one of them was practically a small state - have been completely deprived of power, having lost all attributes of it which were transferred to the cantons and the Federation.

"Municipalities are in charge of education, religion and cleaning streets, and nothing else. A municipality is the unit of local self-administration, but as subjects of local administration they do not exist any more", this is the assessment of the federal Prime Minister Edhem Bicakcic. But, judging by the vehemence with which each party is defending its stances, it is hard to believe that the federal partners are fighting do fiercely merely for the monopoly to clean city streets.

Arguments of Croat representatives are based on the allegation that only municipalities with dominant Croat population on the territory controlled by the Army of B&H are a guarantee of survival of the Croats in this space, warranting preservation of their ethnic and religious idiosyncrasies. On the contrary, the logical consequence would be emigration of the Croats from this region which would certainly open another cycle of "exchange" of the population on the territory of the Federation, the consequences of which would not be hard to predict.

    With almost the same arguments, Bosniac

representatives are justifying their demands for creation of a new municipality with Bosniac majority of the territory of Capljina. In other words, this is a case of ethnic demarcation within the Federation and further territory division between nations, in other words of forcing each nation into its exclusive (sheep) fold.

Despite public preaching on all levels of recognizing human rights and equality of all citizens, the logic according to which feeling of security can be achieved only in a municipality where the majority are members of one's nation, seriously questions sincerity with which protection of human rights is advocated. Especially because decisions were either already reached or prepared in Tuzla-Podrinje, Gorazde and Zenica-Doboj cantons, according to which the number of inhabitants needed for constituting a municipality was reduced from four to two thousand, and then approved by the federal government with the explanation that "cantons can be decreased, but the minimum number of inhabitants cannot be increased".

The federal Government, nevertheless, managed to reach a consensus, and Usora will after all become a municipality which will consist of Alibegovci, Bejici, Blazevci, Omanjska, Sivsa, Srednja Omanjska, Zabljak and a part of Makljenovci. Other municipalities about which federal ministers reached a concensus are Domaljevac-Samac, Doboj-Istok, Dobretici, Pale, Teocak, Sapna and Foca.

That this did not fully resolve the problem of new municipalities was shown best by the session of the Chamber of Representatives of the federal parliament where, instead of the expected adoption of the draft law in an emergency procedure, the discussion with the several times already stated arguments for and against brought the issue back to the beginning. Deputies were not ready to adopt the drafted law on new municipalities, so it remains to be seen whether by the next session party headquarters will be able to "convince" their representatives in this Chamber about the necessity of adoption of this law or whether the deputies will remain firm in their criticism. If the latter comes true, it would mean only one thing - the concensus reached by the Government was obviously just complying with the wish of Ambassador Steiner, who the ministers obeyed, but the "people" will not.

The destiny of Brcko, which will either be a single or even as many as three municipalities, was left for a later date in the future "about which a political agreement on the level of the parties" would be reached - as the official conclusion of the federal Government reads.

The end of the story on new municipalities in the Federation is, therefore, not yet in sight, because despite everything it is clear that among the federal partners in power, the SDA and the HDZ, there is still no true concensus. Regulation of the status of municipalities divided by the interentity line has priority primarily because of the scheduled local elections, but the announcement that constitution of new municipalities in the remainder of the Federation would be regulated by a special law means only one thing - further rounding up of small ethnic "enclaves". It is not especially difficult to collect the minimum of two thousand inhabitants, so one may rightfully wonder whether we will soon have demands of every street or hamlet to become a municipality, and where this may lead us.

If formation of new municipalities will truly enable return of refugees to their homes, start up of production and beginning of operation of all institutions pursuant the Constitution and laws - the problem is resolved: the more municipalities, the better for all. But, municipalities with the ethnic prefix, which is in fact the issue here, may turn out to be a knife which cuts both ways. If municipal autonomy fails to meet party expectations, the next move is probably new exchange according to the principle "municipality for a municipality", or simply definite division.

After everything they have experienced, this country and its citizens simply would not be able to endure anothe round of "humane moving" of the population. However, local leaders in any case have the mandate given to them in the last elections, to work "in the name of the people" and for their good. That is at least what is publicly written...

Drazen SIMIC