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