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 heritage site|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.
WWW Official Site

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.
Decisions on the protection of cultural assets and natural areas were made by the State Institute for the Protection of Cultural Monuments and Natural Rarities from Sarajevo, later renamed as the Institute for the Protection of Cultural Monuments of Bosnia and Herzegovina. The laws on the declaration of Sutjeska and Kozara as national parks, NP Sutjeska and NP Kozara, were passed by the Assembly of the [Socialist Republic of Bosnia and Herzegovina].
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:
Members of the commission for the period February 2016 to 2021 were:
  • Amir Pašić, Ph.D., Professor of architecture;
  • Radoje Vidović, Professor of history and geography;
  • Goran Milojević, Architect.
Current members of the commission from 2021 are:

Internal organization of the Commission (Secretariat)

The Secretariat is managed and organized by the Executive officer, and is structured with the Executive officer, the Secretariat of the Commission, and the Associate experts, the Librarian and documentarist, and the Technical secretary, as follows:
The Executive officer
  • Executive officer
The Secretariat of the Commission, consists of:
  • Executive officer
  • Assistant to the executive officer for the heritage
  • Assistant to the executive officer for legal affairs
  • Advisor for technical coordination
The Associate experts consists of:
  • 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 Librarian and documentarist
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.

Heritage at Risk

Monuments at Risk In Bosnia and Herzegovina is a list of designated monuments at risk from illicit building, inexpert reconstruction, lack of maintenance and other hazards. The Commission monitors and reviews the state and activities relating to national monuments at risk.

Criteria to designate the properties as National Monuments

The Commission to Preserve National Monuments declares legal protection of the property to be the national monument on the ground of criteria based on subject, scope and value of each property.

I. Subjects of legal protection

A. Portable cultural property

Portable cultural property, individual or in collections, classified as follows:
  • small objects
  • paintings,
  • books,
  • sculptures,
  • building fragments,
  • inscriptions, etc.

B. Immovable cultural property

1. Historic buildings and monuments
  • residential,
  • religious,
  • educational,
  • administrative,
  • public,
  • commercial,
  • infrastructure,
  • military,
  • hygienic,
  • agricultural,
  • industrial, etc.
    2. Groups of buildings
Groups of buildings which are either part of a composition with a certain purpose or an agglomeration which is the result of continuous building in a historic core.
  • residential,
  • religious,
  • educational,
  • administrative,
  • public,
  • commercial,
  • infrastructure,
  • military,
  • hygienic,
  • agricultural,
  • industrial, etc.
    3. Sites
  • urban,
  • rural,
  • archaeological,
  • historical,
  • industrial,
  • cultural landscape
  • natural site related to some ritual or tradition,
  • natural-scientific,
  • mixed.

II. Value

Criteria for designation as follows:

A. Time frame

Properties arisen from the prehistoric times until the end of the 20th century.

B. Historic value

Association of a building, or group or place to a historic figure in the history or a significant event in the history.

C. Artistic and aesthetic value

i. Quality of workmanship,
ii. Quality of material,
iii. Proportions,
iv. Composition,
v. Value of a detail,
vi. Structural value.

D. Clarity

Documentary, scientific and educational or pedagogic value.
i. Material evidence about less known historic era,
ii. Evidence of historic changes,
iii. Work of a famous artist or builder,
iv. Evidence of certain type, style or regional manner,
v. Evidence of a typical lifestyle in the certain era.

E. Symbolic value

i. Ontology value,
ii. Sacral value,
iii. Traditional value,
iv. Relation to the rituals or traditions,
v. Significance for the identity of a group of people.

F. Townscape/Landscape value

i. Relation of the form in the comparison with other parts of the group,
ii. Meaning in the townscape,
iii. A building or a group of buildings is a part of a group or site.

G. Authenticity

i. Form and design,
ii. Materials and substance,
iii. Use and function,
iv. Traditions and techniques,
v. Location and setting,
vi. Spirit and feeling, and
vii. Other internal and external factors.

H. Uniqueness/rarity

i. The single or rare example of an object type or style,
ii. A masterpiece of workmanship or course,
iii. Work of a prominent artist/ architect, craftsman.

I. Integrity (groups, sites, collections)

i. Material wholeness,
ii. Homogeneity,
iii. Completeness,
iv. Unimpaired condition.

International conventions

Bosnia and Herzegovina is a signatory of International conventions and contracts in the field of cultural heritage, such as:
UNESCO
  • Hague Convention of 1954 ;
  • Paris Convention of 1970 ;
  • Paris Convention of 1972 ;
  • Paris Convention of 2001 ;
  • Paris Convention of 2003 ;
  • Paris Convention of 2005.
European Council
  • European Cultural Convention1954 ;
  • European Convention on the Protection of the Archaeological Heritage 1969 ;
  • Granada Convention of 1985 ;
  • Faro Framework Convention of 2005 ;
  • European Landscape Convention.
Other bilateral and multilateral

Yearbook and Official Gazette

Yearbook ''Baština''

Baština, historically Naša baština, is the official yearbook or the annual of the Commission to Preserve National Monuments of Bosnia and Herzegovina, which publishes scholarly articles in the field of heritage protection, history, history of art, archaeology, architecture and culture. Previous issues of the journal have published mostly on topics of the medieval heritage, such as the medieval stećci tombstones, and the medieval fortress of Jajce, in particular.

Official Gazette of Bosnia and Herzegovina

Act to establish commission 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/. All later acts and decisions are consequently published also.


Criteria are published in the Official Gazette of BiH and the Official Gazettes of both Entities of Bosnia and Herzegovina and of Brčko District of Bosnia and Herzegovina.
The final decisions of the Commission on designation of monuments are published in the official gazettes of Bosnia and Herzegovina.