Commission to Preserve National Monuments of Bosnia and Herzegovina
The Commission to Preserve National Monuments of Bosnia and Herzegovina, abbr. , is Bosnia and Herzegovina commission which declares and registers national heritage monuments/sites, including natural/urban/architectural assembles, immovable and movable heritage of historical and cultural importance to Bosnia and Herzegovina, as an institution at state level.
The sites of exclusively natural heritage are not subject of Annex 8 and the KONS.
Background and history
In the period from the end of World War II to the declaration of independance of Bosnia and Herzegovina form former Yugoslavia in 1992, protected cultural and natural assets were declared based on following legal acts:- the Law on the Protection of Cultural Monuments and Natural Rarities,
- the Law on Nature Protection,
- the Law on the Protection and Use of Cultural, Historical and Natural Heritage.
On 23 July 1945, immediately after the World War II, the Law on the Protection of Cultural Monuments and Natural Rarities was passed, which was amended and supplemented the following year as the General Law on the Protection of Cultural Monuments and Natural Rarities. Within the framework of this general law, the Law on the Protection of Cultural Monuments and Natural Rarities of Bosnia and Herzegovina was also passed. In accordance with the Law of 23 July 1945, by decision of the Ministry of Education of the Peoples' Government of BiH No. 4977 of 19 September 1945, the Land's Institute for the Protection and Scientific Study of Cultural Monuments and Natural Rarities of Bosnia and Herzegovina was established at the Land's Museum of Bosnia and Herzegovina in Sarajevo. By a later decision of the same Ministry, number 3115 of 26 February 1946, two separate bodies were established at the National Museum, namely the National Institute for the Protection of Cultural Monuments of the People's Republic of Bosnia and Herzegovina and the National Institute for the Protection of Nature of the People's Republic of Bosnia and Herzegovina.
Establishment and legal scope
In accordance with Annex 8 of Dayton Agreement and Act concerning the Commission to Preserve National Monuments of Bosnia and Herzegovina passed by Presidency of Bosnia and Herzegovina on December 21, 2001, KONS is an institution at state level which declares and registers national heritage monuments/sites, including natural/urban/architectural assembles, immovable and movable heritage of historical and cultural importance to Bosnia and Herzegovina.' The act states that The Commission to Preserve National Monuments of Bosnia and Herzegovina is established pursuant to Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina, and establishes basic principles and objectives of the Commission activities, as well as its primary tasks and authorizations as Bosnia and Herzegovina institution.Act was issued by Official Gazette of Bosnia and Herzegovina, No. 1/02 i 10/02, and Official Gazette of the Federation of Bosnia and Herzegovina No. 2/02, 27/02 and 6/04.
For declaration of the property to be the national monuments, property and political criterion are not of special importance. However, since 2016 three native members of the Commission are picked on the basis of their ethnicity ', and regardless of their prior or current political engagements, which could prove to be controversial.
Regulation of conduct and procedures
Regulation of conduct and procedures in a framework of the Commission to Preserve National Monuments of Bosnia and Herzegovina are as stipulated in most recent Act of the Presidency of Bosnia and Herzegovina, from May 26, 2016 - under principal provisions, methodology, procedures, cooperation with institutions and official bodies, transparency, and final articles.Commissioners
At the 119th session of the Presidency of Bosnia and Herzegovina, held on 21 December 2001, the first members of the commission for period 2002 to February 2016 were elected, which was subsequently changed into 5 year mandate, while posts of the chairperson and deputies are switched during the mandate on rotation basis.First members of the commission for the period 2002 to February 2016 were:
- Dubravko Lovrenović, ;
- Amra Hadžimuhamedović;
- Ljiljana Ševo;
- Tina Wik, ;
- Zeynep Ahunbay, ;
- Martin Cherry, ;
- András J. Riedlmayer, .
- Amir Pašić, Ph.D., Professor of architecture;
- Radoje Vidović, Professor of history and geography;
- Goran Milojević, Architect.
- Anđelina Ošap-Gaćanović, Mr. engineer of architecture, graduated at the Faculty of Architecture and Civil Engineering of the University of Banja Luka, and master of monument restoration at the Polytechnic University of Catalonia in Barcelona;
- Faruk Kapidžić, engineer of architecture, graduated at the Faculty of Architecture of the University of Sarajevo;
- Zoran Mikulić, ''graduated at the Faculty of Law of the University Džemal Bijedić of Mostar, completed the bar examination, and the Legal Practice Course.''
Internal organization of the Commission (Secretariat)
The Executive officer
- Executive officer
- Executive officer
- Assistant to the executive officer for the heritage
- Assistant to the executive officer for legal affairs
- Advisor for technical coordination
- Associates for architectural heritage monuments
- Associates for architectural heritage ensembles and cultural landscapes
- Associate for archaeology
- Associate for the implementation of the World Heritage Convention
- Art historian associate
- Budget and public procurements associate
- Finance associate
- International law associate
- Public relations associate
The '''Technical secretary.'''
Procedures and scope
The Rules of Procedure regulate the modus operandi of the Commission to Preserve National Monuments, including internal dynamics and the decision-making process of Proceedings. The set of rules and guidelines was established by the Commission to Preserve National Monuments, at the session held between 7 and 11 May 2002.Proceedings before the Commission
Petitions
Article 35 stipulates that a petition for the designation of property as a national monument needs to be submitted to the Commission.The petition have a format determined by the Commission according to the type of property and is published in the official gazettes of Bosnia and Herzegovina, both entities and District Brčko.
The List of Petitions for Designation of Properties as National Monuments is created through submission of the petitions.
Designation
Designation of property as a national monument is a process of decision making in which the Commission takes into account previous designation, research documents. Before making the final decision the Commission also takes into account the views of the petitioner, the institutions in charge of protection, experts, scientist and scientific institutions, and other interested persons and entities.Tentative List of National Monuments of B&H
Unlike KONS Petition List, which represents comprehansive database of all petitions on properties and sits, filed by individuals and/or organisations, to be declared national monuments via KONS procedures, KONS Tentative List concerns properties and sits already declared national monuments by earlier state parties during SR BiH prior to declaration of indipendace from SFR Yugoslavia, and before establishement of KONS through Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina.The Tentative List, or formally, the Provisional List of National Monuments of Bosnia and Herzegovina was drawn up by the previous complement of the Commission. Art.2 of the Law on the Implementation of the Decisions of the Commission to Preserve National Monuments established pursuant to Annex 8 of the General Framework Agreement for Peace in BiH stipulates that all properties on the Provisional List are to be regarded as national monuments until the Commission adopts a final decision. All final decisions of the Commission are published in the official gazettes of Bosnia and Herzegovina, including those of entities and Brčko District. Once final decisions have been adopted for all the properties on the Provisional List, the List will be abolished.