Draft Action Program

April 2005 – April 2006

On the occasion of the third anniversary of B&H joining to the Council of Europe, the second Conference of chiefs of municipalities and mayors and civil society has been organized in Brcko from 17 April to 19 April 2005 having as main topics implementation of basic values of local self-governance and regional cooperation in B&H.

In spirit of preparations for the third Summit of Presidents of States and Chiefs of Govenements, members of Council of Europe that will take place in Varsaw in May 2005, under the auspices of the General Secretary of the Coucil of Europe, Mr. Terry Davis and Chairperson of B&H Council of Ministers, Mr. Adnan Terzic, the Second Conference of chiefs of municipalities and mayors and civil society actors has been organized by Council of Europe, Congress of local and regional authorities of the Council of Europe, Community of municipalities and cities of Federation of B&H, Union of RS cities and municipalities, B&H Brcko district and International Peace Center from Sarajevo.

New Deputy of High Representative in B&H, Mr. Lawrence Butler addressed the audience as well.

The following issues were considered at the Conference:

Participants of the Conference agreed that current state level legal system in B&H was not in accordance with European standards and international conventions and should be subject of radical restructuring of both local bodies and state level authority bodies that will enable participation of all civil society actors in building up a modern and efficient B&H state community, which will be able to reintegrate and to integrate into Euro -Atlantic integrations.

Participants of the Conference supported efforts made by Council of Europe in establishment of institutional dialogue and full responsibility for adoption and enforcement of the law in B&H especially the one referring to reinforcement of local community’s status and their material and financial autonomy with purpose to reinforce participation of citizens in process of democratisation of B&H society.

Participants stressed that it was the last moment to assure full implementation of European Chart on local self-governance through effective reforms of local self-governance system in both entities.

Participants invited the Ministers responsible for administration and local self-governance to submit their reports on implementation of NALAS Declaration.

Chiefs of municipalities and mayors, representatives of government, representatives of national and international NGOs with active participation of representatives from Council of Europe, European Commission, OSCE, OHR in B&H and international foundations and associations dealing in B&H, have invited all the competent institutions to promote development of municipalities and cities, economic regions and Euro regions and trans border cooperation in the framework of the initiatives on improvement of life conditions and standard of living of citizens in B&H and South East Europe.

Participants expressed their concern referring to position of youth in B&H society. They stressed the responsibility of local communities and state bodies in building up such a policy that would assure promotion of interests of young generation, firstly when it comes about a modern European education, employment and creation of all normal conditions for the communities of young people.

Participants emphasized that a progress in democratisation of society could not be made without adequate and equal participation of both genders in social life.

Participants stated that experiences of special importance were the ones acquired through project of Forum of Council of Europe 2002-2004, during the meetings organized in Sarajevo, Prijedor , Srebrenica, Novi Travnik, Mostar, Banja Luka, particularly at the First Conference of chiefs of municipalities and mayors and civil society actors.

Participants of the Conference concluded that the activities of extreme importance in the future will be the ones carried out through project of Council of Europe 2005 – "European year of citizenship", the 50 th anniversary of European Convention on culture, Chisinau Declaration on trans border cooperation, application of European Social Chart, opinion of Venice Commission on constitutional situation in B&H and HR authorities, OSCE project "Contract" recognizing a modular access: implementation of Law on free access to information, implementation of ethic code regarding selected officials , establishment of Commission for planning of municipality development , harmonisation of legal framework, partnership with citizens.

Participants pointed out a particular importance of building up of B&H future through adoption of European standards and issuing of laws and regulations that will enable access to Euro Atlantic integrations. They also acclaimed actual positions of European Commission and European Parliament on B&H.

Participants stressed once more that adoption of the Law on capital city of Sarajevo is being supported.

Participants also expressed their support to the development of Brcko district in B&H.

Participants expressed their gratitude to B&H Brcko district for their hospitality and to Organizational board for preparation and realisation of the Second Conference.

Participants of the Conference accepted invitation of Mostar Mayor, Mr. Ljubo Beslic proposing the Third Conference to be held in Mostar.

Participants agreed that Third Conference in Mostar from 22 to 25 April 2006 is to be organized by the Organizational Board of the Conference of chiefs of municipalities, mayors and actors of civil society in cooperation with city of Mostar.

Action Plan that will be carried out by Organizational board foresees, prior to the Conference in Mostar, organization of seven regional seminars which will systematically follow up and improve cooperation amongst chiefs and mayors and all actors of civil society at the platform of European Chart on local self-governance.

Regional seminars will be organized in the following cities: Livno, Bijeljina, Prnjavor, Kakanj, Foca, Centar, Tomislav grad, Vukosavlje, Gorazde, Pale and Gradacac. Good practice will be included in the main topics, as follows:

Participants agreed that Organizational board while preparing regional seminars and the Third Conference taking place in Mostar, will operate consisted of the following:

Participants agreed that International peace centre as coordinator of the Conference should provide WEB site of the Conference for mayors and civil society. It will make easier a follow up of implementation of the conclusions from the Second Conference of Mayors and civil society, preparation of regional seminars and introduction of Internet forum for the participants of the Conference and representatives of civil society, through Internet communication.

Participants agreed about a book on the Second Conference of Mayors to be published, conclusions to be published in daily press and distributed to all participants of the Conference, to the authorities from all levels and to the representatives of the international community.

Working group No 1 discussed following topics: Role of chiefs and mayors in process of implementation of European Chart on local self-governance and Human resources within institutions of municipality bodies in B&H.

Conclusions of the topic relating to the Role of chiefs of municipalities and mayors in process of implementation of European Chart on local self-governance:

Having in mind that the local bodies of authority represent one of the main foundations of every democratic society as well as citizen’s right to participate in governance of public affairs, it is necessary to create the preconditions for adoption of Law on local self-governance at state level.

After creation of basic prerequisites we are convinced in existence of local bodies of authority that will make governance efficient and accessible to citizens in accordance with main principles of the European chart on local self-governance especially regarding article 4, items 3 and 6 and articles 5 and 9, items 1 and 6 referring to the procedures in process of adoption of the law on local self-governance.

Decentralized local self-governance with clearly defined authorities should be assured through Constitutional solutions respecting equity of rights for three ethnicities in order to avoid use of obstructive mechanisms in decision making.

Statutes of all cities and municipalities should be basically regulated through equal principles and foundations with no exception, by respecting basic human rights and values that will contribute to final supreme objective, which is European integration.

Conclusions of the topic relating to the Human resources in institutions of municipality bodies of authority in B&H

Talking about human resources in municipality bodies in B&H means talking about good governance since staff is the most precious capital at disposal of a local community. Human resources policy is a key of success in establishment of governance team lead by chief of municipality that will be at citizen’s disposal in accordance with standard practices of good governance and monitoring of quality of services provided by local level authority, accordingly to ISO standard on quality of services.

Actual legal framework treating appointment of civil servants and employees does not offer adequate solutions with regards to possibility of further improvement of quality of services at local level authority, especially in the field of human resources improvement. That’s why we suggest initiating public discussion and procedures on amending Law on civil servants and employees.

Regarding a part of legal framework relating to civil servants and employees stimulation, motivation and sanctions, it is necessary to introduce a functional part in order to make this segment of this legal regulation more applicable in practice.

Regarding provision relating to the employment procedure it is necessary to incorporate a regulation that will treat civil servants and employees through limited duration contract.

In the Book of Rules on systematization in municipalities it is also necessary to leave some space for recruitment of probationers, interns and volunteers.

Working group No 2 discussed the topic relating to the possibility of regional cooperation between municipalities and cities in B&H.

Conclusion of the second working group is that a legal framework of regional cooperation between regional communities needs to be defined.

In the period until the next Conference of mayors and actors of civil society it is necessary to organize a round table or project with the following topics: Economic, ecological, technological and social sustainability of development projects based on use of natural resources (coal, stone, sand etc) with special emphasis on the position of local community.

It is required that the association of mayors and chiefs of municipalities to become familiar with transfer of knowledge on possibilities and the way of joining Euro funds or funds for regional development.

Association of mayors and chiefs of municipalities should give its assistance to the local communities in finding partners for realisation of development projects.

It is necessary to ensure a possibility of following up of activities of European Association of local and regional authorities with tendency of progressive and active joining in work process.

It is necessary to establish a direct communication between our local communities and funds and European Commission funds.

It is necessary for the mayors and chiefs of municipalities and theirs respective services dealing with funds, to attend trainings on ways of joining these funds and ways of applying.

Working Group 3 has considered the following topics: International Trans-Border and Inter-Municipality cooperation of local communities in B&H, return and reintegration of displaced persons and refugees and implementation of the Law on Gender Equity.

Conclusions of the topic International Trans-Border and Inter-Municipality cooperation:

Conclusions of the topic Return and reintegration of refugees and displaced persons:

Conclusions of the topic Implementation of the Law on Gender Equity: