02/02/2007 OHR Brcko

Supervisory Order on holding of referenda on the territory of Brcko District

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The only current law governing referenda in the District is the 1977 Law on Referenda of the Socialist Republic of Bosnia and Herzegovina. This law is now out of date as a legal framework to regulate the conduct of referenda in the District. Therefore it is important for the Supervisor to regulate the terms and conditions of any referendum subsequently held in Brcko District.

Accordingly, the Supervisor of Brcko, Raffi Gregorian, today has issued a Supervisory Order requiring referenda on the territory of Brcko District to be subject to the prior written consent of the Brcko Supervisor and to be undertaken only on such terms as the Brcko Supervisor may approve.

Because the conduct of referenda has the potential to be politically sensitive, particularly in a multi-ethnic community such as the Brcko District, any referendum should be managed in a way that will minimize the risk of consequent political instability, and to prevent interference with the proper business of District residents. The Supervisor’s intention is not to prohibit any constitutional and lawful referendum. It is only to ensure that any referendum is consistent with the General Framework Agreement for Peace in Bosnia and Herzegovina (“GFAP”) and conducted in a manner fair to all District residents.