W MOSTAR MAYOR WRITES TO AGNELLI - FULL TEXT

MOSTAR, Feb 14 (Hina) - Following is the text of a letter forwarded Wednesday by Western Mostar Mayor Mijo Brajkovic to Italian Foreign Minister Susana Agnelli. "As a signatory of the Agreed Principles for Temporary Statute of the City of Mostar, included to the Agreement on realizing the Federation of Bosnia-Herzegovina signed in Dayton on Dec 10, 1996, I feel obliged to inform you on our views and reasons why the Croats from Mostar and Bosnia-Herzegovina disapproved of the Decision of European Union Administration in Mostar, made by Mr Hans Koschnick on Feb 7, 1996. Adhered to the spirit and contents of the Dayton Agreement which had stipulated the Agreed Principles for Temporary Statute of the City of Mostar, we have focused on designing a Temporary Statute of the City of Mostar, in cooperation with the European Administration and the Bosniac-Muslim side. We have devised and consensually adopted the Draft Statute (its textual part), within a schedule envisaged in Dayton. This, consensually adopted, Draft Statute had legally included all of the Agreed Principles, aimed to preserve a united city, with united administration, while preserving the residents' national, cultural and religious identity in six separate municipalities. It was the spirit of the Statute and those, who insist on untrue allegations on division of the city, we may remind of some Statute's provisions: Article 14: "The Mostar City bodies are the City Council and the Mayor", Article 37, line 1: "The City Council is a supreme body in the city and is authorized for all important decisions according to Article 7, line 2", Article 37, line 2: "The City Council governs all of the city's administration. It is entitled to have access to all decisions, particularly in regard to the city's incomes and expenditures", Article 31, line 2: "Should a question to be put to vote affect basic interests of any of the three national communities, then a majority within each of the three communities would be needed for the decision. This is consequently to be effective when more than one community is considered. The protection of the interests of the three national communities at the level of local administration unit is a precedent in the legal practice, and overrules the Constitution of the Federation of Bosnia-Herzegovina. The issue left to be settled was the question of delimitation of the six separate municipalities, comprising, according to the Principles from Dayton, the City of Mostar. The Croat side has, from the beginning of the talks, remained consistent, never receding from the Agreed Principles according to the Dayton Agreement and rejecting any alterations to the Agreement. We have also been and we remain ready to agree on the necessary premises and sites of the city administration, cantonal bodies and ministries of the Federal government, which should be situated in Mostar, according to the Dayton Agreement. We believe these needs provided no reason to introduce some "central zone", in violation of the Dayton Agreement, as done by the European Administration. Following are the reasons why the Croats from Mostar and Bosnia-Herzegovina disapproved of the Decision. The principle stated in item 3 of the Dayton Agreement saying: "The City of Mostar consists of six separate municipalities" has been violated by Mr Koschnik's proposal according to which the territory of the City of Mostar should consist of six municipalities and a central zone. An Agreed Principle from Dayton knows not the term 'central zone'. The principle stated in item 12 of the Dayton Agreement saying: "Every person aged 18 or above and is registered in the 1991 Census, with residence in Mostar municipality and is still a resident of the City of Mostar during the elections -has the right to vote and to be elected to the City Council and municipal councils" has been violated by an amendment to Article 16 of the Regulation on Elections which says: "The citizens who have residence in the central zone would be registered in the central zone's election list. In this way, their active and passive voter's right has been restricted to the City Council." The Regulation on Elections, proposed by Mr Koschnik, is also violating Annex 3 of the Dayton Agreement which also includes a regulation of the Copenhagen Conference on Human Rights held in 1990. EU Administrator of Mostar has also violated the Constitution of the Federation of Bosnia-Herzegovina and the Memorandum on Understanding, by disregarding the chapters on human rights and basic freedoms. Following the Administrator's decision and our justified disapproval, we have been exposed to unscrupulous attacks and charges, only because we have our own view which is: consistent and authentic implementation of the Dayton Agreement, including its part related to the City of Mostar," Brajkovic's letter said. (Hina) mm bk 142144 MET feb 96