OHR’s Statement at the International Agencies’ Joint Press Conference

Supervisory Order In
Line With Brcko Final Award


The OHR is surprised by some of the comments
made following the most recent Supervisory Order issued by the Brcko District
Supervisor, Susan Johnson on 4 August 2006. The order is fully in accordance
with her mandate under the 1999 Final Award of the Brcko Arbitral


The Supervisory
Order simplifies the application of legislation in the District and eliminates
legal uncertainties. Most importantly it is a recognition of the progress that
has been made in implementing the Brcko District Final Award, establishing the
District as a permanent unit of multiethnic local self-government. The repeal of
entity legislation is a milestone on the road to changing the International
Community engagement in BiH, returning full sovereignty to the domestic
, and
advancing the relationship between Bosnia and Herzegovina and the European


The Final
, rendered in March 1999, established the pre-war Brcko Municipality as a new institution
under the exclusive sovereignty of Bosnia and Herzegovina and made it clear that
neither entity had any legal authority within Brckos boundaries.

The Final Award
recognised that during a transitional period Entity legislation would remain in
place as the competent authorities in the Brcko District introduced a raft of
new District legislation. The Final Award stated that Entity laws would continue
to apply in Brcko until such time as they have been reviewed
, harmonised and approved by the Supervisor or, with her approval, by
the District Assembly.
The supervisor is thus
required by the Final Award to certify to the Arbitral Tribunal that the former
IEBL in  the
Brcko District no longer
has any legal significance.

This is what the
Supervisor has done, in line with her mandate under the 1999 Final
, emphasizing the District’s status as a unit of local self-governance
under the sovereignty of the State of BiH.


Last weeks
Supervisory Order is a positive development and State and Entity Institutions
are required to cooperate with the District constructively on the basis of the
Constitution, the Dayton Peace Accords and the Final Arbitral