Status of the Supervisor

The ruling authority in the Brčko District, “armed” with impressive power, is the Supervisor.³⁶⁵⁸ Although his office has been set up as “the Office of the High Representative – North”³⁶⁵⁹ and although he holds the title of “a Deputy High Representative”,³⁶⁶⁰ he is not de facto subordinated to the Office of the High Representative. The Supervisor of the Brčko District practically enjoys independence and – restricted to the region – the same powers as the High Representative himself.

Therefore, his position cannot be explained without taking a look at the status and the function of the very High Representative. In principle, the position is based on two pillars: Annex 10 of the Dayton Peace Agreement and “the Bonn Powers”. Annex 10 of the Dayton Peace Agreement deals with the implementation of the Agreement itself (“Agreement on Civilian Implementation”). The appointment of a person to run the Office of the High Representative, however, did not follow even on the basis of the Agreement itself, nor did the Agreement provide for the appointment of a High Representative. The parties-signatories to Annex 10 of the Dayton Peace Agreement, in accordance with Article I.2 thereof, requested his appointment in accordance with the relevant resolutions of the Security Council, meaning that it was not necessary for the Council itself to make his exclusive appointment.³⁶⁶¹ Accordingly, the first holder of this office, the Swede Carl Bildt, was selected in London, in December 1995, and, on the basis of the Resolution of the Security Council No. 1031 from December 1995, he was appointed. In practice, the Peace Plan Implementation Conference, made up of 55 states and international organisations, at which the Peace Implementation Council was established, was in charge of the office of the High Representative. From the very beginning the institutional relation between the High Representative and the UN was not completely clarified.³⁶⁶² Pursuant to Article II of Annex 10 of the Dayton Peace Agreement, the High Representative had the following duties: to monitor the implementation of the peace settlement, to maintain close contact with the parties to the Agreement, to co-ordinate the activities of the civilian organisations and agencies in Bosnia and Herzegovina, to facilitate the implementation of the Agreement, to participate in meetings of donor organisations; to report periodically to the UN and the member states to the Peace Implementation Council, to issue guidelines and receive reports from the International Police Task Force Commissioners, founded by Annex 11 of the Dayton Peace Agreement. Pursuant to Article III.3 of Annex 10 of the Dayton Peace Agreement, the High Representative shall have, under the laws of Bosnia and Herzegovina, all the rights and powers necessary to discharge his office. His comprehensive competences are guaranteed by Article V of Annex 10 of the Dayton Peace Agreement. He is a supreme instance giving a binding interpretation of the Agreement.

At a conference in Bonn in December 1997, organised because of the unsatisfactory development of the situation in Bosnia and Herzegovina, on the basis of the Conclusion of 10 December 1997, the Peace Implementation Council has permanently expanded the powers of the High Representative.³⁶⁶³ Under this Conclusion, the High Representative has the right to adopt decisions binding on the authorities of Bosnia and Herzegovina, interim measures if the State authorities are not able to come to an agreement and, in general, “other measures” to secure the implementation of the Peace Accord. Extensive interpretation of “the Bonn Powers” of the High Representatives – as well as those of the Supervisor, in the capacity of the Deputy High Representative – led to the OHR (and OHR-North) undertaking, and still doing so, measures of an executive and legislative nature, such as dismissing State officials in case they are not ready to cooperate.³⁶⁶⁴

When it comes to such extensive powers, the same applies to the Supervisor. The first holder of that office was appointed by the High Representative in 1997. His duties practically corresponded to the duties of the High Representative.³⁶⁶⁵ He had to ensure the implementation of the Agreement and the strengthening of democratic institutions. Further, he was in a position to render ineffective any law which was in conflict with the Dayton Peace Agreement, the BiH Constitution or orders of the Supervisor. The powers, which were exclusively specified in the Supplemental Award to the Arbitration Award for Dispute over Inter-Entity Boundary in the Brčko Area of 15 March 1998,³⁶⁶⁶ included the right to remove from office any public official if they prove uncooperative. Anyhow, in the same decision, he was exclusively delegated the powers equivalent to those conferred upon the High Representative, such as “the Bonn Powers”.

One may come to a conclusion that the Supervisor is the supreme authority in the Brčko District. With approval of the High Representative, he reports to the Tribunal that the Entities have fully met their respective obligations, and that the District authorities are functional and sustainable. Until such time, the Tribunal shall retain its obligations.³⁶⁶⁷