For further details on individual dismissals, please go to the OHR website.
OHR dismissals cannot be appealed.
There are no guidelines or public procedures for OHR dismissals.
Invididuals are sometimes warned and have the option to resign (this was the case of the Serb member of the presidency Sarovic). If they do not resign or are not warned, which has been the vast majority of cases – they loose many basic civic rights:
"Those whom the High Representative barred from office may also be barred from running in elections and from any other elective or appointive public office and from office within political parties until further notice."
In the recent dismissal of Mijat Tuka (March 2003), even this was not enough:
"The High Representative by letter of 20 March 2003 requested the President of the New Croat Initiative being the political party to which Mr. Tuka belongs, to urge Mr. Tuka to resign voluntarily within seven days from his position as a member of the Federation House of Representatives"
However, individuals are not only barred from public and party office.
In February 2001 long time Federation prime minister Edhem Bicakcic was banned from taking up employment in the public company in which he worked before becoming a professional politician on allegations of corruption committed during his time in office.
Two years later, in March 2003, Lord Ashdown issued the following Decision:
"To remove Mr. Edhem Bicakcic from his present position with, and to bar him from any further employment by or involvement in, the business of JP "Elektroprivreda" (Sarajevo) and any or all of its subsidiaries, whether such involvement be direct or indirect, paid or unpaid. Any entitlement to receive remuneration or any privileges or status arising out of his present position with JP "Elektroprivreda" (Sarajevo) ceases forthwith. Mr Edhem Bicakcic remains fully barred from public office and otherwise as provided for in the previous Decision of 23 February 2001 referred to herein, and, for the avoidance of doubt, is likewise barred from any employed or advisory position in any public company, whether paid or unpaid, which enables or might enable him to have or to obtain a role in making or influencing management decisions.
This Decision has immediate effect and does not require any further procedural steps to be taken. Mr. Edhem Bicakcic must vacate his position immediately. The said Decision shall remain in force unless or until the High Representative may Decide otherwise.
This Decision shall be published without delay in the Official Gazette of the Federation of Bosnia and Herzegovina."
So what were the reasons for this draconian punishment meted out by the High Representative? It is worth quoting the text in full:
"REASONS FOR REMOVAL
Mr. Edhem Bicakcic, who formerly held public office as General Manager of JP "Elektroprivreda" (Sarajevo), was removed from the said position by virtue of the High Representative’s Decision, 86/01 dated 23 February 2001. ("Official Gazette of the Federation of Bosnia and Herzegovina", 9/01") Mr. Edhem Bicakcic by virtue of the said Decision was barred from holding any "official, elective or appointive public office".
Mr. Edhem Bicakcic, notwithstanding the said Decision, now holds a position within the said Public Enterprise, JP "Elektroprivreda" (Sarajevo), which effectively permits him, albeit indirectly, inter alia to manage the portfolio relating to the acquisition of new enterprises which involves significant sums (approximately 22.6 million KM earmarked in the 2002 budget for these purposes).
In using his present position to act as aforesaid, Mr. Edhem Bicakcic is effectively flouting the aforesaid Decision of the High Representative.
In the premises, the peace implementation process is undermined as long as Mr. Edhem Bicakcic retains his present position or any position within the said JP "Elektroprivreda" or any of its subsidiaries, and must accordingly be removed therefrom and excluded and barred from returning thereto. In order to restore public confidence in Public Enterprise JP "Elektroprivreda" (Sarajevo) and other public companies the said Mr Bicakcic cannot in the premises be permitted to act as and/or as if he were the holder of a public office from which he is barred, whatever the status, position or employment nominally attributed to him within the said JP "Elektroprivreda" (Sarajevo) and other public companies as hereinbefore referred to.
On 21 October 2002 removing Munir Alibabic from his position of director of the Federation intelligence service. Mr. Alibabic had been politically close to the former Chairman of the Council of Ministers Zlatko Lagumdzija. This Decision reads:
"DECISION to remove Mr. Munir Alibabic from his position of Director of the Federacija Bosne i Hercegovine Obavještajno-Signumosna Služba and to bar him from holding any official, elective or appointive public office and from running in elections and from office within political parties unless or until such time as the High Representative may, expressly authorise him so to do or to hold the same. Any entitlement to receive remuneration or any privileges or status arising out of his post as Director of the Federacija Bosne i Hercegovine Obavještajno-Signumosna Služba ceases forthwith.
This Decision has immediate effect and will not require any further procedural steps.
Mr. Munir Alibabic must vacate his office immediately and is barred from the date hereof from further entering the same.
This Decision shall be published without delay in the Official Gazette of the Federation of Bosnia and Herzegovina.
REASONS FOR REMOVAL
Mr. Munir Alibabić holds the position of Director of the Federacija Bosne i Hercegovine Obavještajno-Signurnosna Služba. This Office is one in which the holder is subject to the highest fiduciary duties in relation to intelligence and security in the Federation. As such he holds a position at the head of a Service which has special duties and responsibilities over and above those of other public bodies. The holder of such an office must be active in exercising the highest integrity. The full confidence of the citizens of the Federation including the staff of the Service is essential in order for the Service's work to be successfully accomplished.
Mr. Munir Alibabić as the holder of such Office has failed in his duty to adequately protect intelligence information from improper use and in his duty to maintain the confidence of the public, in the Federation.
Mr. Munir Alibabic has through this and other means failed to take effective action to protect the reputation of the Office he holds and of the said Service. He has thereby, in the premises, failed to demonstrate active and unreserved support for the peace process.
Public trust and confidence in his tenure of office has been undermined as has the confidence in his Directorship and of those who work under him in the aforesaid Service.
In the premises Mr. Munir Alibabić has failed to perform his functions as Director in the manner expected of the holder of such an Office and in particular has failed to ensure that Articles 6 and 16 of the Law on the Federation of Bosnia and Herzegovina Intelligence and Security Service hereinbefore referred to have been properly complied with.
The principles of proper governance and transparency, protection of the integrity and reputation of the institutions of Bosnia and Herzegovina and the Federation, and active support for the rule of law are essential to the peace implementation process and have been eroded by Mr. Munir Alibabić's tenure of Office and can only be restored by his removal forthwith from such Office."