Farrand Between Law, Citizens and Authorities

Justice In Ethnic Jaws

AIM Brcko, 30 September, 1999

The latest session of the multiethnic municipal assembly of Brcko was boycotted by councilmen of the Social Democratic Party on the federal side, and a part of the councilmen of the coalition of the party of Democratic Action. The past weekend the association called "Brcko to the Brckans" organised peaceful protests in Tuzla. In both cases the "target" of the attacks was ambassador Robert Farrand, supervisor for Brcko. At the same time, participants in both cases claim that by abolishing hos last year's orders Mr Farrand has slowed down the return of the Bosniacs and the Croats to the city.

The association "Brcko to the Brckans" defined its ten demands and sent them to the address of the High Representative and supervisor Farrand, and in the appeal to officials of the Office of High Representatives (OHR) in charge of this matter and the local authorities only in a single paragraph demanded from the Council of Ministers and governments of both entities to accelerate return. One of the demands is to enable this association to open its office in Brcko which would work "in the interest of all the citizens of this city". This is because according to proclamations and demands of the councilmen and the association "Brcko to the Brckans", the OHR and supervisor Farrand are doing very little for the constitution of the district.

What are the reasons for this "sudden" discontent? Before giving the answer to this question, it is perhaps necessary to at least record what Robert Farrand has done so far. Since proclamation of the Annex of the final decision published almost two months ago, he has implemented a few important things in the sphere of constitution of the district. Due to failures or offences committed in their work head of uniformed police in Brcko Radoslav Subotic and head of public security service Teodor Gavric were relieved of duty. In the past few days, another two officers of the Ministry of Internal Affairs (MUP) were suspended for having issued certificates on citizenship to about 200 citizens of Yugoslavia and on that basis passports of B&H, because they cannot travel to Europe with their Yugoslav passports. IPTF and SFOR are carrying out an investigation about it, so new suspensions of other employees of MUP are expected.

Immediately after publication of the Annex of the final decision, supervisor Farrand opened the question of demilitarisation of the prewar territory of Brcko District. He demanded that the governments of the Republic of Srpska and the Federation urgently delegate their representatives to a commission charged to write the District statute - the fundamental document for organisation of the local community. The same commission is entrusted with the task of constituting the legal system of the District. The entities delayed establishment of the commission and nobody protested. This showed that delays in implementation of the final arbitration decision are convenient for them.

Mr. Farrand suspended dubious privatisation processes in Brcko, nullified decisions on allocation of lots to Serb displaced persons and refugees and made it clear that none of these deals could be effectuated without his approval - from real estate sale to investments into infrastructure.

At the same time he visited parts of the territory of B&H Federation from where most of the Serbs have come during the war. The results of his visits and talks were not all presented to the public, although it is known that they were motivated by the agreement on two-way return. In view of the fact that there were no optimistic announcements, it is evident that the process of return was obstructed by both the authorities of the Federation as well as by those of RS.

Robert Farrand had previously promised the citizens of the District that they would "know where every dinar from the budget (taxes) is spent" and that he would - respecting the will of the citizens and both entities - ensure prosperity of Brcko as the nucleus of future reintegration of Bosnia & Herzegovina. In this respect, he has already warned the executive authorities to answer - how and why in the first half of the year the budget was not spent in the manner the assembly had determined?

Before passing the Statute, Farrand has established a commission for housing issues of the District consisting of three Bosniacs, three Croats and three Serbs. In this way he abolished prerogatives of the Ministry for displaced persons and refugees and its department in Brcko which has by all means obstructed the process of return in both ways. Then he nullified his own orders issued a year ago, so the commission works pursuant the law on abandoned property of the Republic of Srpska which, according to the assessments even of federal politicians, is more proper than its equivalent in B&H Federation. Both Munib Jusufovic, head of the federal part of Brcko, and Mirsad Djapo, president of multiethnic municipal assembly of Brcko also admit that.

Along with these processes Farrand is in incessant contact with Munib Jusufovic and Mijo Anic, heads of the Bosniac and Croat part of Brcko, in order to speed up two-way return on the territory of the District. Agreements have been reached in this sense, so intensified two-way return of several thousand families are certain to begin next spring.

This is just a small part of the moves made by Robert Farrand before formal proclamation of the Statute and legal redefining of the District the ultimate goal of which is establishment of the legal state and assertion of human rights and freedoms of all the citizens of this local community. Everything is crystally clear and in the interest of the citizens. The objectives are firmly set, only the rate of implementation is questionable.

What is the reason for new protests? Ever since his arrival in Brcko, the supervisor has not have an easy time. At first, all the political organisations from RS proclaimed every move which did not play into the hands of the extremists "a conspiracy against the Serb people and RS". Then opposition to Farrand's solutions started from the ranks of the Croat estiablishment, rather from the Croat Democratic Community. During all that time, pressure was exerted by Bosniac politicians. Briefly, all three parties demanded "ethnic", and not legal justice. They practically all aspired to realisation of their war plans and solutions. Indeed they all still pursue the same policy. This is most evident in the fact that Bicakcic and Dodik, heads of the "two states", often meet and offer each other solutions even for Brcko. They disregard the fact that according to the final arbitration decision the destiny of Brcko is determined by laws and solutions of joint state agencies of Bosnia & Herzegovina, and not the interests of the entities established as the result of the war in B&H.

Supporters of the rule of law and human rights are aware that Brcko is the "second chance" for ethnic parties and their leaders. It seems that only they are not aware of that and that is why they stimulate "associations for protests".

Kemal JUSIC

(AIM Brcko)