ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Example: 74 A complaint was lodged against the Inspections Administration - Urbanistic and
Construction Inspection in Velika Kladuša Municipality. The complainant claimed that the said
inspection made a decision asking the subject to surveillance to take certain measures under the
Una-Sana Canton Law on Zoning and Construction 75. The complainant appealed from the
mentioned decision, but no decision was made on his appeal till the moment of his addressing the
Ombudsman. The Ombudsman contacted the responsible party twice, but no reply was received
so that it issued a recommendation in this case. 76 Finally the Velika Kladuša Municipality informed
the Ombudsman that the requested decision was made so that this case was successfully resolved.
Example: 77 A complaint was lodged against the Inspections Department of the Prijedor Town
Administration - Urbanistic and Construction Inspection for non-enforcement of a decision. The
mentioned decision requires an investor to remove all executed works on the earthen embankment
construction, on his own cost within 60 days. Ombudspersons issued their recommendation in this
matter 78. The Inspection answered informing the Ombudsman that the investor abandoned the idea
of embankment construction claiming that it will re-cultivate soil to be used for agriculture.
However, since the abandoned embankment does not constitute construction object anymore, this
Inspection declared itself as not having the authority to follow this issue anymore. Since Article
23 of the Law on General Administration Procedure sets out the obligation of an authority to take
care during the whole course of the administrative proceedings of its local and factual jurisdiction,
an urbanistic and construction inspector is unable to implement this recommendation.
4.5. Governmental and ministerial appointments
The Ombudsman has mandate to investigate the appointments made under the BiH Law on
Ministerial, Council of Ministers and other Appointments of Bosnia and Herzegovina, the Law
Ministerial and Government Appointments of the Federation of Bosnia and Herzegovina and the
Law on Ministerial, Government and other Appointments of the Republika Srpska.
In 2019 Ombudspersons received 56 complaints related to the government, ministerial and other
appointments. In 27 cases the Ombudsman issued a recommendation to the responsible public
official to cancel the appointment. Two of these appointments were implemented, in five case a
form of cooperation was established, while six was not implemented. In 12 issued
recommendations no reply was received from the respondent party.
Allegations of these complaints indicate to a violation of the fundamental principles in the process
of appointment and dismissal of management and supervisory boards public companies and
institutions, non-implementation of objective criteria and lack of transparency in decision-making.
Example: 79 The Ombudsman received a complaint in which the complainant claims that formal
legal procedure was not followed in the procedure of final appointment as a member of the
Ž-BL-05-469/19
Official Gazette of Una-Sana Canton, no. 12/2013
76
P-197/19
77
Ž-BL-05-615/17
78
Dated 27 August 2018
79
Ž-BL-05-1000/18
74
75
29
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