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BOSNIA AND HERZEGOVINA MINISTRY OF CIVIL AFFAIRS

FEDERATION OF BOSNIA AND HERZEGOVINA FEDERAL MINISTRY OF CULTURE AND SPORT

INSTITUTE FOR THE PROTECTION OF MONUMENTS

REPUBLIC OF SRPSKA

MINISTRY OF EDUCATION AND CULTURE REPUBLIC INSTITUTE FOR PROTECTION OF

THE CULTURAL - HISTORICAL AND NATURAL HERITAGE

THE LJUBLJANA PROCESS II: REHABILITATING OUR COMMON HERITAGE

HERITAGE ASSESSMENT REPORT

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Table of Contents Foreword 1. General overview of the country`s administrative system 1.a) entity of Federation of Bosnia and Herzegovina 1.b) entity of Republic of Srpska 2. Strategies and policies for the sustainable development, including the preservation of cultural heritage 2.a) entity of Federation of Bosnia and Herzegovina 2.b) entity of Republic of Srpska 3. Strategy for the sustainable development of tourism 3.a) entity of Federation of Bosnia and Herzegovina 3.b) entity of Republic of Srpska 4. Levels of administrative management for the cultural heritage (including the budget resources) 4.a) entity of Federation of Bosnia and Herzegovina 4.b) entity of Republic of Srpska 5. Staff resources and training requirements 5.a) entity of Federation of Bosnia and Herzegovina 5.b) entity of Republic of Srpska 6. The rights of private sector and third sector (individuals and legal entities) 6.a) entity of Federation of Bosnia and Herzegovina 6.b) entity of Republic of Srpska 7. Financial assistance and the agencies for the cultural heritage rehabilitation 7.a) entity of Federation of Bosnia and Herzegovina 7.b) entity of Republic of Srpska 8. Legal acts in the field of cultural heritage protection 8.a) entity of Federation of Bosnia and Herzegovina 8.b) entity of Republic of Srpska 9. The relationship between the legal acts on cultural heritage protection and other legal acts and policies 9.a) Entity of Federation of Bosnia and Herzegovina

9.1 Spatial and urban planning and strategic assessment of the environment impact 9.2 Construction, Building, Development and Infrastructure provision 9.3 Natural Heritage and Environmental Protection 9.4 Other regulations 9.b) Entity of Republic of Srpska 9.1 Spatial and urban planning and strategic assessment of the environment impact 9.2 Construction, Building, Development and Infrastructure provision 9.3 Natural Heritage and Environmental Protection 9.4 Other regulations

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10. Inventories, filing systems and planning process 10.a) entity of Federation of Bosnia and Herzegovina 10.b) entity of Republic of Srpska 11. Forms of immovable cultural heritage protection 11.a) entity of Federation of Bosnia and Herzegovina 11.b) entity of Republic of Srpska 12. Other mechanisms of protection/conservation 12.a) entity of Federation of Bosnia and Herzegovina

12.b) entity of Republic of Srpska

13. Education, the awareness arising and the mechanisms of public hearings 13.a) entity of Federation of Bosnia and Herzegovina

13.b) entity of Republic of Srpska

14. The rights of religious authorities 14.a) entity of Federation of Bosnia and Herzegovina 14.b) entity of Republic of Srpska

15. The rights of minorities, returnees and vulnerable groups 15.a) entity of Federation of Bosnia and Herzegovina 15.b) entity of Republic of Srpska 16. Application, sanctions and penalties 16.a) entity of Federation of Bosnia and Herzegovina 16.b) entity of Republic of Srpska 17. Conclusions

17.a) entity of Federation of Bosnia and Herzegovina 17.b) entity of Republic of Srpska

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Foreword As part of the “Ljubljana process II: Rehabilitating our Common Heritage”, the RCC Task Force for Culture and Society has decided to carry out a “Heritage Assessment”. The aim is to provide a multi-criteria snap-shot of the legal, institutional and professional situation, and to spot the issues at stake and problems related with the implementation of the Ljubljana Process II. The elaboration of the “Heritage Assessment” has been the task of the Heritage Assessment Interministerial Drafting Group set up by national authorities to join the Council of Europe / European Commission Ljubljana Process II Experts Pool. The following experts / representatives are the Bosnia and Herzegovina members: Mr Edin Veladzic, M.Sc, Senior Adviser for European Integration and International Cultural Cooperation, Ministry of Civil Affairs of Bosnia and Herzegovina, for the entity of the Federation of Bosnia and Herzegovina: Ms Ms Lamija Abdijevic, M.Sc, Expert Adviser for Cultural Heritage, Federal Ministry of Culture and Sport Ms Azra Tunovic, Expert associate for achitectural and acheologiacal heritage, Federal Ministry of Culture and Sport, Institute for Monument Protection, Mr Igor Dizdar, Senior Advisor for Land Use, Federal Ministry of Physical Planning, for the entity of Republic of Srpska: Mrs Milijana Okilj, MSc, architect, Head of Department for Conservation and Restoration Works, Jelena Savić, architect, expert associate for built heritage (Institute for Protection of Cultural, Historical and Natural Heritage of Republic of Srpska) and Valentina Branković, tourismologist (Ministry of Trade and Tourism of Republic of Srpska). The present draft is the result of intense works of the drafting group, overseen by the Prof. Robert Pickard (Council of Europe / European Commission consultant, member of the Experts Pool). This draft has to be endorsed at government level (Steering Committee, Ljubljana Process National Task Force) for maximum impact and to reinforce the political commitment to implement reforms and embed the Ljubljana Process II more centrally in government thinking. When endorsed, the “Heritage Assessment” will be used as a pro-active management tool capable to guide the National Task Forces toward priorities to be solved. The objective is to enable the Ljubljana Process to reach its objectives (until summer 2014) and to sustain politically the methodology in creating the institutional, administrative and financial or professional conditions for making the Ljubljana Process permanent. The monitoring to be taken place at a later stage should fix the indicators to be measured in order to appreciate how effective the Ljubljana Process II is as a solution provider, and confirm that actions and decisions respond to the questions related to what are the improvements to be made at legal, institutional, and professional levels.

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1. General overview of the country`s administrative system Bosnia and Herzegovina (B&H) consists of two entities: the Federation of Bosnia and Herzegovina and the Republic of Srpska. The Federation of Bosnia and Herzegovina is administratively divided into 10 cantons, and the cantons are divided into the municipalities. In the territory of Federation of Bosnia and Herzegovina, there are 79 municipalities. Republic of Srpska is administratively divided into 62 municipalities. The town of Brcko is a separate administrative unit – the District. At the level of Bosnia and Herzegovina, the executive authority makes the Council of Ministers of B&H, which has 9 Ministries. Legislative power is performed by the Parliamentary Assembly, consisting of two chambers: The House of Representatives and the House of Peoples. The Presidency of Bosnia and Herzegovina is a collective head of the state and has three members from three constituent peoples, in an eight-month rotation at the position of Chairman of the Presidency. At the national level the issues of human rights, criminal penalties and infrastructure provision are administered through the Ministry of Human Rights and Refugees, Minister of Justice and the Minister of Communications and Transport respectively. The Ministry of Civil Affairs has some responsibilities (mainly coordination role) in the field of culture and cultural heritage, but in general terms the administration in the field of culture including cultural heritage, spatial planning and construction and environmental protection in Bosnia and Herzegovina is in a decentralized organization, in the two entities of the Federation of B&H (a great part of competence is at the canton level) and the Republic of Srpska, and the Brcko District also has competences in these fields. Since 2003 year in the framework of the Council of Ministers of B&H, the Ministry of Civil Affairs of B&H has the authority to determine the basic principles of the coordination activities of the entity authority bodies and defining the strategy on an international level in the field of culture. Upon the proposal of the Ministry of Civil Affairs of B&H, the Council of Ministers of B&H adopted the Strategy of cultural policy in Bosnia and Herzegovina in 2008 year, and in 2011 year the Action plan for implementation of the Strategy of cultural policy in B&H for period from 2011 to 2015. Under Annex VIII of the Dayton Peace Agreement the Commission to Preserve the National Monuments of B&H was established with the mandate that on the basis of received petitions it makes decisions on the designation of some property as the national monument of B&H. With the aim of the protecting national monuments of B&H at level of Republic of Srpska, Federation of B&H and Brcko District and within an identical text, the laws on implementation of the decisions of the Bosnia and Herzegovina Commission to Preserve the National Monuments were adopted, and according to these laws the entity governments and competent authority of Brcko District are obliged to undertake all measures and provide the necessary funding in order to preserve and protect some property which designated as the national monument of B&H. The State commission for cooperation of B&H with UNESCO was established as an advisory body of the Council of Ministers of B&H. Sector for science and culture of the Ministry of Civil Affairs of B&H provides the administrative technical support to the work of Commission. Bosnia and Herzegovina has ratified all UNESCO Conventions in the field of culture and key Conventions of the Council of Europe, and made the overview of legislation compliance with the ratified conventions, with the recommendations for all relevant levels of government (entities, cantons and Brcko District).

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Bearing in mind that the competences in the field of culture are at the level of entities, cantons and Brcko District, this document has been prepared by the competent teams of the entity Institutes for protection of cultural heritage and provides the status of the entities. 1.a) Entity of the Federation of Bosnia and Herzegovina (FB&H) In this entity there are three ministries dealing with issues of cultural heritage (the Federal Ministry of Culture and Sport and the Federal Ministry of Physical Planning), tourism and environment (the Federal Ministry of Environment and Tourism) and construction, spatial planning, land use and infrastructure provision (the Federal Ministry of Physical Planning). The Institute for the Protection of the Monuments of the Federal Ministry of Culture and Sport is competent for the protection of cultural-historical and natural heritage. The Institute is responsible for the technical supervision of conservation works, restoration and rehabilitation of the national monuments and implementation of the protection projects. The Federal Ministry of Physical Planning has the authority to approve the works on the protection of the national monuments, identified by the Commission for Preservation of National Monuments. When processing the requests to approve works the Federal Ministry of Physical Planning seeks expert advice from the Institute for the Protection of Monuments FB&H, and based on the expert opinion the Ministry makes the final decision on approving the works. The Experts of the Institute for the Protection of Monuments FB&H participate in the design and creation of regulation plans of the protected areas. The Federal Ministry of Environment and Tourism analyses and identifies the conditions and the activities for environment protection, issues licenses for environment usage, organises the works aimed at preventing or decreasing the harmful influences on the environment, participates in the creation of programmes and plans for natural resources usage and similar. The cooperation of this Ministry with the Institutions for the protection of monuments is not sufficient and a new law for the protection of cultural heritage should be adopted including procedures to ensure new integrated mechanisms 1.b) Entity of Republic of Srpska (RS) The Republic of Srpska, as defined by its Constitution, territorially unified, is an indivisible and inalienable constitutional and legal entity of Bosnia and Herzegovina, that independently performs its constitutional, legislative, executive and judicial functions. The National Assembly and the Government of Republic of Srpska are based in Banjaluka. The Government of the Republic of Srpska is composed of the prime minister and the heads of the sixteen ministries. The National Assembly also selects two deputy prime ministers from among the ministers from different constituent peoples. Administration of the Republic of Srpska is carried out by ministries, republican administrative units, and republican administrative organizations. Issues concerned with the environment and sustainable development, land-use planning, construction, development and infrastructure provision are mainly dealt with by the Ministry of Spatial Planning, Civil Engineering and Ecology; issues concerned with tourism are covered mainly by the Ministry of Trade and Tourism.

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As for the human rights/cultural rights, it is guaranteed by the Constitution of BiH that BiH and both entities will provide the highest level of internationally recognized human rights and liberties. The cultural heritage administration issues are dealt with principally by the Ministry of Education and Culture of the Republic of Srpska, through its Department of Culture and the republican administrative organizations. Among other entity ministries that have a significant role in relation to the cultural and natural heritage are: Ministry of Spatial Planning, Civil Engineering and Ecology, and Ministry of Trade and Tourism. The roles of local administrations of the municipalities are also relevant in this regard. The Ministry of Education and Culture of the Republic of Srpska, in the field of culture, performs the administrative and other professional tasks related to the following:

- protection and the use of the cultural-historical and natural heritage; - museum, archive, library, publishing, theatre, music, visual art, and film and entertainment

activities; - organizations and associations of the citizens in the field of art and culture, technical

culture; - keeping a register of public media; - preparation of the platforms and agreements on cultural cooperation in accordance with

the Constitution of the Republic of Srpska and the Constitution of Bosnia and Herzegovina;

- provision of information through the media and other types of communication about their work and performs other tasks in accordance with the law and other regulations of the Republic of Srpska and Bosnia and Herzegovina.

2. Strategies and policies for sustainable development including sustaining the cultural heritage At the level of Bosnia and Herzegovina, the activities for the implementation of the Strategy the cultural policy of B&H («Official Gazette of B&H», number 93/08) are in progress through the Action Plan for implementation of the strategy for the period 2011 to 2015. The strategy includes a section that defines the current state of the cultural heritage in Bosnia and Herzegovina, and proposes measures to improve the situation in this field. The Action Plan includes the activities and the stakeholders responsible for the implementation of the activities in this area. (See www.mcp.gov.ba/org_jedinice/sektor_nauka_kultura/ and go to sub link on Legal Department). 2. a) Entity of Federation of B&H The opinion of experts of the entity is that there is a need for a national strategy for sustainable development including issues related to sustainable use of the cultural heritage. It is thought to be essential that this document is drafted and new legal provisions enacted, as they will help to define all participants, management, actions and expected results in the area of cultural heritage development. 2. b) Entity of the Republic of Srpska There is no integral strategy for the sustainable development at the level of Republic of Srpska. The entity has adopted the Republic of Srpska Strategy of culture development 2010–2015 (Ministry of Education and Culture of RS, document prepared in November 2009). The priorities of the strategy are modernization of cultural management, mobility of artists and strengthening the

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potential of the Republic of Srpska for the development of the cultural industries. Part of the strategy deals with the development potential of the cultural heritage. . One of the priorities of the strategy is the development of cultural tourism through promotions and proposals of the integration of cultural and natural, tangible and intangible heritage in the management of tourist destinations. Among the initiatives of this strategy, support for the rehabilitation of the immovable heritage and its use as cultural tourism resource is addressed. Nevertheless, the mentioned Strategy has a very wide scope of cultural issues, and further development of specific sustainable management mechanisms for immovable cultural heritage in the Republic of Srpska is necessary. There is the Strategy for the nature protection of the Republic of Srpska (this document was prepared in April 2011 and adopted by the National Assembly of the Republic of Srpska in June 2011), which overarching objective is the preservation, promotion and encouragement of the sustainable use of natural resources. Also, the principles of the sustainable management of the cultural heritage are included as the starting bases of the current Law on physical planning and construction (Article 3 of the Law).

3. Strategy for the sustainable development of tourism Competencies in the field of tourism in Bosnia and Herzegovina are found at the level of the entities and Brcko District. Within the Council of Ministers of B&H the Ministry of Foreign Trade and Economic Relations of B&H is responsible for coordinating activities with the entity authorities in the field of tourism. At the level of B&H, there is no strategy for the sustainable tourist development, but this field of activity is elaborated in the part of the Strategy of cultural policy of B&H and the Action Plan for its implementation. 3.a) Entity of Federation of B&H In 2008, at the level of Federation of B&H, the Federal Ministry of Environment and Tourism elaborated the document entitled “Strategy of tourism development of the Federation of B&H for the period 2008 - 2018.” which is inefficient and does not apply in whole. This Strategy paper mentions the cultural heritage as resource base. However, it only names the venues and sites with the goal to emphasise their potential, while their possibilities, the way of presentation or management are not mentioned. The Strategy does not anticipate the means for cooperation between the institutions for cultural heritage and the private sector, the budget and/or funds for protection (meaning repair, conservation, restoration, rehabilitation, revitalization and reconstruction) of the cultural heritage. The creation of a strategy for sustainable tourism development at national level would address the issues and remove the defects affecting the sustainable development of tourism in Bosnia and Herzegovina. In 2009, on the proposal of Federal Ministry of Environment and Tourism, the Federation Government of B&H introduced a Regulation on Membership Fees of the Tourism Associations and a Regulation on Tourist Tax. According to these regulations the Tourism Association of Federation of B&H and tourism associations of the cantons are obliged to allocate 35% of the gained funds from the tourism associations’ membership fees for the promotion of tourism and 25% for fixed-purpose funds for preservation, conservation and restoration of the

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cultural-historical heritage, and similarly, they are required allocated 35% of the gained funds from the tourist tax for the promotion of tourism and 25% for fixed-purpose funds for preservation, conservation and restoration of the cultural-historical heritage. (In the regulations it is not specified what happened to the other 40% which goes to the budget of the Tourism Association of the Federation of B&H.) The above mentioned funds are allocated on the basis of decisions made by the Federation Government of B&H, and in consultation with Federal Ministry of Culture and Sport and Federal Ministry of Environment and Tourism. To date no research has been undertaken to assess the potential adverse impact of tourism development on the cultural heritage. But there is some evidence, for example, the change of use of buildings and sites in historic centres without proper controls and plans such as in the case of “Baščaršija” in Sarajevo where the small traditional shops were changed into cafes, night clubs and fast food outlets. The main problem in this area is lack of developed tourism infrastructure. The personnel employed is not sufficiently or expertly educated, which in a way is supported by the lack institutional support and incentives system.

In addition the general population is not aware of the possibilities that are present in the cultural heritage tourism. 3.b) Entity of the Republic of Srpska The Strategy for the tourism development of the Republic of Srpska for the period of 2011 – 2020 was adopted in June 2011, and includes a strategy for sustainable tourism. The document also deals with the cultural-historical resources of the Republic of Srpska and the possibilities for the cultural tourism development. Since this is a new document, the effects of its implementations are not yet verified. According to the analyses of the strategy, the tourist infrastructure is generally outdated and non-functional. However, the Republic of Srpska has respectable resources for special types of tourism based on the evaluation of a healthy environment, and measures of their incentives included within the strategy. Moreover, the strategy has defined that the most attractive historic buildings and the monuments of sacral and memorial use should be distinguished, including the following: the Orthodox and the Catholic (Franciscan and Trappist) monasteries; churches with preserved wall paintings and other sacral buildings of the pronounced historical and architectural values, together with valuable movable heritage, wooden churches and the necropolis of stecci. Other possible features of the cultural-historical heritage which have potential as tourist opportunities include historic buildings found in the medieval fortress towns, old urban cores in cities which have value through their architectural ensembles embracing a mix of functions, old stone bridges, townhouses from 19th century with traditional architectural characteristics, objects from 19th and 20th century with features of the historicism styles and cultural-historical heritage in public and administrative use including government buildings, theatres, schools, banks, railway stations etc. Among the most interesting tourist cultural-historical areas in the Republic of Srpska are the archaeological sites where artefacts date from prehistoric times, as well as from the time of Roman rule, early Christianity, early and later Middle Ages. Past practice has shown that the memorial area and the complexes present a significant potential in the tourist industry. In addition,

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rural areas, in which the cultural-historical components combine with exceptional natural resources, gain importance as cultural landscapes. The movable cultural-historical heritage of exceptional value is exhibited in the Museum of RS, but as well in the urban centres (Bijeljina, Trebinje, Prijedor, Doboj). Especially valuable collections of the movable heritage are kept in some monasteries (Dobrun, Čajniče), and in the Catholic monasteries (Trapisti, Plehan). According to the current Strategy for tourism development of the Republic of Srpska, the value of the local cultural heritage is not found in its monumentality or representativeness but has a pronounced significance as a tourism resource, from the standpoint of cultural diversity. On the basis of these tourism resources, the religious and ethnic diversity of the territory can be promoted as a priority and a basis for the development of dialogue. The use of the heritage as the tourist resource would also allow the interaction with other fields of economy, agriculture (rural regions with preserved cultural-historical value), development of the service activities of traffic, but also safeguarding and strengthening of traditional crafts (processing of metal, wood, cooking, etc...). The cultural-historical and natural heritage is not sufficiently researched and presented outside the local arena but has potential as a scientific research and educational resource for professionals, researchers and students from the region, and in a European or wider sphere. In general terms, it can be stated that the cultural-historical heritage as resources for tourism development has been limited, and in some cases totally blocked. Negative factors include an undeveloped infrastructure, primarily roads and a lack of tourist facilities such as hotels or other types of accommodation, information points, tourist facilities, a poor state of preservation of some monuments in terms of conservation-restoration works, a lack of awareness by the local population about the significance of safeguarding the cultural-historical heritage, “disconnection” of the intangible components of the cultural and historical heritage, and a not well prepared tourisms tourist guide service, etc. The Strategy for the tourism development of the Republic of Srpska for the period 2011–2020 identifies the necessary measures to increase the quality of the cultural-historical heritage as the resource for tourism development including research works and the mapping of cultural-historical destinations, repair and restoration, adaptation to new uses, the separation of the partnerships between the republic institutions, the local authorities and potential holders of the cultural tourism development projects, presentations of the cultural-tourist destinations of the Republic of Srpska in the Embassies of B&H and in the missions of the Republic of Srpska and Bosnia and Herzegovina abroad, involvement of the cultural-historical heritage in the development (tourist product) of transit, event and urban tourism, as well as educating the tourist guides. There are no mechanisms for the allocation of revenue generated from the tourism connected with heritage, in the protection, maintenance and restoration of the cultural property or heritage in general (according to the Article 32 of the Law on cultural property, the owner is responsible for maintenance costs and the implementation of the protection measures up to the amount of the revenue generated from the use of property, but the law doesn`t have sublegal by-laws which would regulate the implementation of the Article).

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4. Levels of the administrative management for the cultural heritage (including the budget resources) The Ministry of Civil Affairs of B&H is, on the basis of the Law on Ministries and Other Bodies of B&H Administration (2003), competent for performing the duties and tasks that are under authority of Bosnia and Herzegovina, and which are related to the determination of basic principles of coordinating activities, harmonizing the plans of entity government bodies and defining the strategy at international level in the field of culture and cultural heritage.

The National Commission for the cooperation with UNESCO was established as the advisory body of the Council of Ministers for the duties and tasks related to the cooperation with UNESCO. Members of the National Commission are also the representatives of the entity Institutes.

The Commission to Preserve National Monuments is the institution of Bosnia and Herzegovina, established pursuant to Annex 8 of General Framework Agreement for Peace in B&H (Dayton, 1995). As stipulated by Annex 8 of the peace agreement, the Commission makes the decisions on the designation of the movable and immovable properties as national monuments, applying the appropriate Criteria for this purpose. The Commission has developed standard forms for submitting a petition (to designate property as a national monument) according to the type of property, which may be filed by any legal or physical person and should determine the outcome of the of the petition within one year of its submission. Due to а large number of petitions, the Commission has extended the regime of the property protection for which the petitions submitted until the moment of the adoption of final decision. In the absence of the special requirements, the Commission also makes decisions on the designation of the national monuments for every individual property from the Provisional List of National Monuments of Bosnia and Herzegovina1. The Commission also monitors and reviews the state of affairs and activities in relation to the national monuments at risk from illicit building, inexpert works, disrepair or other hazards. In certain cases, it is required to inform the competent entity or other authorities that the monuments are at the risk and propose measures for their protection according to the law, including the initiation of the criminal charges with appropriate authorities under the provisions of the Code of Criminal Procedure. The Commission also draws up a list of endangered monuments, and recommends the priorities for protection to the entity governments.

The field of culture, including the cultural heritage, is under the jurisdiction of the entities (and in the entity of Federation of B&H under the jurisdiction of the cantons) and the Brcko District. Accordingly, the entity and cantonal governments and the Ministries competent for spatial development and cultural heritage have the authority for implementing the decisions of the Commission. The Government of Federation of B&H, the Government of the Republic of Srpska and the Government of Brcko District are obliged to provide financial, administrative, technical, scientific and legal conditions necessary for the protection (meaning repair, conservation, restoration, rehabilitation, reconstruction), preservation and presentation of national monuments. The Governments must provide the resources for development of necessary technical documentation for restoration of the national monument, as well as to implement its provisions.

1 776 properties with the values of culture were identified on this Provisional List following the war 1992-1995 in

2000. These were given temporary protection as National Monuments, waiting the final decision on the validation for

protection permanently.

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The Institutions responsible for the heritage protection at entity level are funded from the entity budgets through the entity ministries responsible for culture. The institutions responsible for the heritage protection provide the expertise in restoration projects and supervision of the restoration affairs. Entity institutions for the heritage protection are also responsible for the implementation of the projects or only some project components funded by the entity governments, and they perform the protection activity of the properties that have not been declared the national monuments. Entity ministries authorized for spatial development issue the permits for the protection, archaeological research, conservation, restoration, rehabilitation of the national monuments, and the building permits for the protected area2 of the national monument, based on the planning and technical documentation approved by the authorized professional institution. Technical documentation must be harmonized with the protection measures identified in the Decision of designation the property as a national monument. The relevant competent authorities are the Federal Ministry of Physical Planning (Fed B&H), the Ministry of Spatial Development, Civil Engineering and Ecology (RS) and in the Brcko District, the Department for Spatial Planning and Property-Legal Affairs. In addition, the main activity of these Entity ministries and the Department of Brcko District responsible for spatial planning is spatial development policy and the preparation of planning documents and their implementation in form of land use (see sections 9.1and 9.2). Entity Inspectors perform the inspection tasks and supervision of the protected area where the protected property is located and they are authorized to take legal measures of protection, including the decisions to suspend all operations that are not in accordance with law, and for the properties that are judged to be at risk, to bring into them back to the state that existed prior to any illegal and inexpert interventions. 4.a) Entity of Federation of B&H In the Federation of Bosnia and Herzegovina, Institute for the Protection of Monuments of the Federal Ministry of Culture and Sport is competent for the protection of cultural-historical and natural heritage. The Institute is responsible for the technical supervision of conservation works, restoration and rehabilitation of the national monuments and implementation of the protection projects funded from the budget of the Federation Government of Bosnia and Herzegovina. The Institute performs the technical and other tasks that mostly require the application of technical and scientific working methods related administrative activities in the field of cultural-historical heritage protection: research, investigation, processing collected data, valorisation and protection of heritage objects, develops programmes and projects for repair, conservation, restoration, reconstruction and rehabilitation, supervises the implementation of programmes for protection of sites, provides opinions on programmes and projects for heritage sites made by other individuals and legal persons etc. The Federal Ministry of Culture and Sport establishes the criteria under which the Government of Federation of B&H decides on funding for projects that the Institute for Protection of Monuments identifies as for priority action (including the Priority Interventions List and protected National Monuments in both public and private ownership). According to previous decisions on financing, it was established funding would be provided according to the balance in the different type of protected heritage: archaeological, architectural and movable; as well as the religious objects belonging to all confessions.

2 Meaning an area around a monument in which activities are controlled

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The role of museums and archives in terms of the protection, preservation and documenting the heritage is very important one. Museums are responsible, in most cases, as well to implement archaeological research. During the war period from 1992 to 1995, these institutions were downgraded due to the outflow of skilled personnel, destruction of the documentation and the items from their collections, damaging the buildings etc. Most institutions were faced with a lack of financial resources, qualified staff and contemporary equipment as well as organizational obsolesce.

The National Museum of Bosnia and Herzegovina is the oldest institution of the heritage protection in Bosnia and Herzegovina, and it was established in 1988. Organizational units of the Museum are: archaeology department, ethnology department and natural history department. Activities of the National Museum are: museum studies, scientific-research activities, educational activities and publishing. At the cantonal level: In the Federation of Bosnia and Herzegovina composed of 10 Cantons, Cantonal institutes have been established in Sarajevo, Tuzla, Bihać, Bugojno and Mostar. Cantonal Institute for protection of cultural-historical and natural heritage of Sarajevo takes over the responsibility for the cultural-historical and natural heritage in the area of Canton Sarajevo. Cantonal Institute is the legal successor of the Municipal Institute for Protection and Development of Cultural Heritage, founded in 1965 year by the decision of the City Council of Sarajevo. Cantonal Institute for urban development, spatial planning and the cultural-historical heritage protection of Middle-Bosnia canton, with the head office located in Bugojno, performs administrative, professional and other tasks in relation to the following: planning, programming, designing of the land use, valorisation and the spatial protection and the measures to achieve them. Institute for the protection and use of the cultural-historical and natural heritage of the Tuzla Canton is the institution of culture established in 1984 year, and has worked as the regional Institute for north-east Bosnia. The Public institution „Institute for the protection of the cultural heritage“, with the head office located in Bihać, performs the activity of the cultural heritage protection in the area of Unsko-Sanski Canton. The Institute for the protection of the cultural-historical heritage of the Herzegovina-Neretva`s County, with the head office located in Mostar, performs the tasks of the protection of cultural heritage. For the purpose of the world heritage protection in Bosnia and Herzegovina, there were Agencies for the historic cities of Mostar and Jajce and the Commission for the Bridge in Višegrad (see section 4b) have been established. The Agency “Stari grad“ in Mostar, founded in 2005 year, performs the professional and other activities in the field of spatial planning, and in particular: the protection of the cultural-historical and natural heritage of Mostar.

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The Public institution Agency for the cultural-historical and natural heritage and the development of the tourist potential of Jajce, was established by the Decision of Municipal Council of Jajce in 2007 year, to perform the professional tasks related to the protection, restoration, reconstruction and presentation of the cultural-historical and natural heritage and the development of tourism resources of Jajce.

The Law on the implementation of the decisions of the Commission to Preserve the National Monuments stipulates the responsibility and the relationship between the authorized bodies and institutions responsible for the heritage management:

“Everyone, and in particular the competent authorities of the Entities, Brcko District, Canton and urban and municipal authorities, shall refrain from any action that might compromise the National Monument or jeopardize the protection and rehabilitation thereof”.

The Federal Administration for Inspection Affairs – urban planning and construction inspectorate carries out the inspection tasks, enacts the implementing regulations, general and individual acts within its jurisdiction, takes administrative and other measures during inspections, decides upon appeals against first-instance decisions, coordinates the work of the Federal and Cantonal inspections, follows the work and conducts the expert supervision and controls the work of cantonal inspectors and the administrations for inspection affairs, and provides expert assistance to the cantonal administrations. Entity Governments, Ministries of the Physical Planning, Institutes for the heritage protection and Municipal authorities responsible for the urban planning and land registry affairs are informed about the decisions of the Commission to enforce the prescribed legal measures, and the authorized municipal court is notified for land registration. Municipalities through their respective departments and the entity inspections are in charge of the monitoring and control of the activities in the terrain. It is necessary that the municipality join all documents and the plans related to the protected area of the monument to the Decisions of the Commission to Preserve the National Monuments. Municipalities need to restrict all activities that

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may endanger the monument, and to cooperate with the Commission to Preserve the National Monuments and the Entity institutions in the implementation of the decision of the Commission and the protection of the monuments (this generally works in practice).

The owners of the religious heritage (Muslim, Catholic, Orthodox, Jewish communities), Governments of the Federation of Bosnia and Herzegovina, Republic of Srpska and Brcko District and their Ministries of Physical Planning, Ministries of Culture, and Institutions for the Heritage Protection (as a compositional part of the Entity Ministries of Culture) are responsible for the religious heritage management.

Budget for the cultural heritage is insufficient due to the extremely difficult state of the objects of cultural-historical heritage (high devastation degree as the consequence of the last war conflicts). On an annual basis the Federal Ministry of Culture and Sport implements the “Transfer for the reconstruction of the cultural heritage” which is funded from the Federation B&H Government budget, and each year the final amount depends on the total Federation budget. The Federal Ministry of Physical Planning is implementing a public call for the selection of funding recipients for the programmes and the funding criteria division “The Capital Transfer to Other Level of Authorities – the participation of the Federation B&H Government in co-financing of Cantonal and Local Communities – the protection of national monuments”. The institutions and the owners of the national monuments are eligible to apply. The goals of the programmes are the creation of the project documentation and works on implementation and preservation of the national monuments. The allocated funds are insufficient for protection of the cultural heritage venues (about 10-15 projects are funded per year which is about 10%, or less, of what is required).

4.b) Entity of the Republic of Srpska

The Republic Institute for the protection of the cultural-historical and natural heritage of Republic of Srpska was founded in 1976 as the regional institute, and after the signing of the Dayton Agreement in 1995 year it was organized at Republic level, within the Ministry of Education and Culture of the Republic of Srpska. It is the only Institute for the Protection of cultural-historical and natural heritage in the Republic of Srpska. Museum of the Republic of Srpska with the head office located in Banjaluka is the Republic cultural institution under the competence of the Ministry of education and culture of the Republic of Srpska. It was founded in 1930 year under the name – Museum of “Vrbas Banovina“. It presents the central institution for the protection of movable cultural property. The Museum also has the Centre for material culture and art, Department of archaeology, Documentation centre, Centre for conservation and restoration and Centre for educational and pedagogical work. Archives of the Republic of Srpska located in Banjaluka, was founded in 1992. Former Archive of the Bosanska Krajina Banjaluka, regional archive of Doboj and Historical archive of Foca entered into its composition. Archive of the Republic of Srpska is the Republic administrative organization within the Ministry of Education and Culture of RS.

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The Republic Institute for the protection of the cultural-historic and natural heritage of the Republic of Srpska and other institutions for protection (archive, museum, gallery of fine and applied arts, film archives and libraries3) perform the activity of protection and use of the cultural heritage. The Institute carries out administrative and other professional tasks related to the following: identification, documentation, research and evaluation of the immovable property, movable objects and parts of nature which are temporarily protected, establishing the properties of the cultural-historical or natural heritage, designation of protected property, maintaining a register of protected property (as defined in the Law on Cultural Assets of Republic of Srpska: cultural goods of high and exceptional importance, other cultural goods, i.e. he entries can overlap with national monuments), preparation of projects and giving approvals for projects for the restoration, rehabilitation, reconstruction and conservation of the cultural-historical and natural heritage, preparation of the expert`s studies on the protection and use of the properties in making spatial and urban development plans, issuing the permits for temporary removal of the protected property abroad, issuing the permits for archaeological and other research, defining the conditions for use of protected property, professional supervision of works, publishing activity and popularization and promotion of the cultural-historical and natural heritage, professional training, cooperation with the bodies and organizations involved in the field of protection and beneficiaries or owners of the cultural and natural property, etc. The Commission for the Bridge of Mehmed Paše Sokolovića, with the head office located in Višegrad, was established by the Decision of Municipal Council of Višegrad in 2007 year, based on the recommendations of the Management Plan for the Bridge as a World Heritage Site (inscribed in 2007) for which it is responsible for implementing. The Commission includes the representatives of the Government, entity of the Republic of Srpska and the municipal authorities. The Commission coordinates the activities of the Institutions competent for the protection and heritage and the Centre for World Heritage. The funding of activities of the Republic Institute for the Protection of the Cultural-Historical and Natural Heritage of RS is made through the budget of the Republic of Srpska, and occasionally by donations. The available funds of the Institute are extremely modest and insufficient for complete implementation of the cultural-historical and natural heritage protection and management activities. The lack of funds especially affects the possibilities for producing the documentation on the cultural heritage using the new technologies, conducting the research works and implementation of the cultural heritage rehabilitation projects.

3 In the legislation of the Republic of Srpska, both immovable and movable cultural goods and all the numbered institutions are subject of the entity Law of Cultural Goods.

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Organizational (administrative) structure of the heritage management in the Republic of Srpska

5. Staff resources and the training requirements At the national level there are limited number of specialised staff working in the field of culture and cultural heritage. The Ministry of Civil Affairs of B&H has 6 employees, the Commission for UNESCO has 18 members and the Commission to Preserve National Monuments has 25 employees. 5.a) Entity of the Federation of B&H In all institutions and institutes that are authorized for the protection of the cultural-historical heritage there is the lack of staff and a shortage of particular skills. The Institute for the Protection of Monuments of the Federal Ministry of Culture and Sport employs 18 staff, of which 9 architects specialising in conservation, 1 archaeologist, 1 painter, 4 in the documentation and archive department, and the remainder in the administrative department. The Federal Ministry of Culture and Sport has 50 employees.

REPUBLIC OF SRPSKA

GOVERNMENT

Ministry of Education and Culture of the Republic of

Srpska

Ministry of Spatial Planning, Civil Engineering and Ecology of the

Republic of Srpska

The Republic Institute for the protection of the

cultural-historical and natural heritage of RS

Archives

of RS

Museum of RS

Territory of the Republic of Srpska, 63 municipalities

Municipal administrative services (sector for spatial development, inspection

bodies)

Ministry of Trade and Tourism of the Republic of

Srpska

The Commission for the Bridge in Visegrad

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All local authority municipalities have employees of different professions dealing with the issues in the field of cultural heritage, and cooperate with the experts from the relevant institutions for the protection of the cultural-historical heritage objects. The local level employees vary in their professional background and in their primary job, however the Ministry is cooperating with lawyers, legal aid, economists, engineers, etc. There is a necessity for development and provision of technical skills in the following areas: Project management, financial evaluation of the projects/feasibility studies, “fundraising” skills, business and financial management, data collection and documentation of the cultural heritage, use of contemporary technological tools, raising awareness and promotion, traditional craft skills in civil engineering and specialized works of conservation, integration of cultural heritage into physical planning, control of development and environment protection, development and control of tourism, the development of other skills. Education (training) can be implemented in all institutions dealing with the protection of the cultural-historical heritage, in cooperation with regional institutions and international institutions, organizing the study tours, work camps, seminars and conferences. There is an insufficient number of expert level employees working on the protection of the cultural-heritage (i.e. art historian, conservator, archaeologist, etc.). Education and training programmes in the field of heritage management and protection are non-existent and should be organised on multi-institutional level including all institutions authorized for the cultural heritage protection, ministries authorized for the spatial planning, concerned municipalities and NGOs. It is very important to include or to organise trainings for the experts in the private sector that are competent for designing and execution of the works in the field of the cultural heritage. 5.b) Entity of the Republic of Srpska The Sector for Culture within the Ministry of Education and Culture of the Republic of Srpska has a total of 13 employees. The assistant minister for culture deals partially with cultural heritage issues. Three expert associates in that sector deal with issues on cultural heritage, natural heritage and archaeology within their responsibilities. The Republic Institute for the Protection of the Cultural-Historic and Natural Heritage of the Republic of Srpska has 27 employees – 22 in Banjaluka, 3 in the Office of the Institute in Pale and 2 in the Office of the Institute in Trebinje. Professions of the employees include all aspects of the protection of the cultural-historical and natural heritage: archaeology, architecture, landscape architecture, forestry, biology, ethnology, art history, conservation, geography, art, legal sciences and others. The sector for the Protection and Preservation of the Cultural-Historical Heritage has a total of 12 employees of different professions, which is unfortunately a very small number compared to the territory of the Institute`s jurisdiction and the state of the cultural-historical heritage. Since the professional upgrading is one of the priorities for the institutions, the level of the training of the Institute`s experts can be assessed as high. There is a necessity for training in the use of the modern technology and in the fields of project management, fund raising, financial management, tourism development, etc, as well as the exchange of practical experiences with the experts from the region. There is also a modest number of specialized professionals in the area of cultural heritage in other institutions and in private sector. In the municipal governments, typically there are no employed experts who deal exclusively with the issues of the cultural-historical and natural heritage, but the cooperation in this field is mainly carried out through the Municipal sector for spatial development.

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6. Rights of the private sector and the third sector (individuals and legal entity) 6.a) Entity of the Federation of B&H Cultural properties can be both publicly and privately owned and the use of such property is regulated by the Law on the Protection and the Preservation of the Cultural, Historical and Natural Heritage of 1985. This requires the owner to maintain and use the protected property in accordance with the established measures of protection and to request instructions, professional and technical support for its proper maintenance from the Institute or the service of protection and remedy any damage and may seek the financial assistance for the implementation of the specific protection measures which are additional costs associated with the property being protected. The owner must allow the Institute to inspect the property (without charge) and must notify the relevant Institute about all changes that could significantly disturb the status of the protected property. A permit for carrying out any works of intervention in the protected property must be first obtained from the relevant Ministries issuing the permit based on the expert`s opinion of the Institute for the Protection of Monuments. According to the Regulation on Construction Site Development, which is mandatory documentation for construction site and for the participants in the construction process (Official Gazette of the Federation of B&H, number: 48/09 and 75/09), site supervision may be performed by a legal entity registered for that activity, which has the permit of the Federal Ministry of Physical Planning. On the basis of this regulation private construction companies and private sector architects and archaeologists may carry out the works on protected cultural heritage for private clients only if it is a legal entity registered for performing that activity and has the relevant permit from the Federal Ministry of Physical Planning. NGOs are not authorized to carry out the works on the cultural heritage objects. The Federal Institute for Protection of Monuments sometimes enters into partnerships with private and third sector organizations to carry out projects. 6.b) Entity of the Republic of Srpska Cultural properties in the Republic of Srpska can be privately owned. According to the Law on Cultural Properties, the property owner is required to maintain the cultural property and implement the stipulated protection measures, allow public access4, and allow scientific and professional research, technical and other survey and the implementation of the technical protection measures on the cultural property. Prior to carrying out any intervention in the cultural property, the owner must first obtain the expert opinion and protection measures, as well as the approval of the protection service for the project documentation. After the completion of works, the protection service makes reviews the works and determines whether they have been implemented in accordance with the approved project documentation. When the owner fails to perform the identified protection measures, or does not execute them with proper care, or when temporarily or permanently abandons the cultural property so that there is a danger that the property could be damaged or destroyed, the Institute may determine that the cultural property be delivered to a physical or legal entity as the guardian.

4 The regulation of public access is not very well developed in the entity Law on Cultural Properties and could be

developed through a by- law.

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In the Republic of Srpska, except for the powers defined by the Law on Spatial Planning and construction, there are no special licenses for enterprises and the individuals involved in designing, carrying out the works and the supervision of the works on the cultural property, which directly affects to the quality of the projects and implemented works in this field. The Institute takes part in other organizations’ projects and initiatives related to cultural and natural heritage, in forms of issuing expert opinions and approvals, as well as cooperation and partnerships (rehabilitation and reconstruction projects, nature protection, joint applications for cultural heritage grants, publishing activities). 7. Financial assistance and the agencies for the cultural heritage rehabilitation The Ministry of the Civil Affairs of B&H provides grant funds for projects of the rehabilitation and protection of the cultural heritage through an annual open competition. Also, the Ministry of the Civil Affairs of B&H has allowed the use of Instrument of Pre-accession Assistance IPA funds for the restoration of the cultural heritage, and the examples of good practice are the reconstruction of the Sarajevo City Hall, the Town Hall in Novi Grad and the part of the Fortress Kastel in Banjaluka. In accordance with the authority related to the international cooperation in the field of culture, Ministry of the Civil Affairs of B&H coordinates activities in Bosnia and Herzegovina within the Rehabilitation Project of our common cultural heritage/Ljubljana Process II, and from other available funds (UNESCO) provide the funds for this purpose in accordance with the priorities to be established in cooperation with the entities. The area of financing, subsidizing and tax policy is at the entity level. 7.a) Entity of the Federation of B&H The owners of cultural property in the Federation of B&H do not have subsidies or tax reliefs for carrying out the measures of the cultural property protection. The Government of the Federation of B&H is responsible for providing the financial, administrative, technical, scientific and legal resources necessary for protection, preservation and restoration of the national monuments. The Federal Ministry of Culture and Sport allocates the funds for rehabilitation of the cultural heritage through “The Transfer for rehabilitation of the cultural and architectural heritage”, and based on the given criteria. The Federal Ministry of Physical Planning allocates the funds for the rehabilitation of the cultural heritage through "Capital transfers to other levels of government – participation of the Government of Federation of B&H in the co-funding of the cantonal and local communities – the protection of the national monuments". The Federal Ministry of Culture and Sport and the Federal Ministry of Physical Planning provide funds for reconstruction, restoration, conservation and rehabilitation of cultural heritage. The standard procedure is to publish open call to award funds with specific conditions and criteria that applicants need to have. The funds are awarded for protected buildings in public and private ownership. The total funds allocated depends on the total budget of the Federation B&H, and the funds are awarded based on requests, quantity and complexity of the works on the object, the object’s value and similar which is decided upon by the Expert Commission formed in the Ministry. In addition to the above mentioned competent Ministries, cantonal ministries and the municipalities are involved in the rehabilitation of the buildings of the cultural-historical heritage.

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The Cantonal Ministries and the municipalities are also setting aside the funds for reconstruction, restoration, conservation and rehabilitation of the cultural heritage. An example of the good practice and the cooperation between the public and private sector is the rehabilitation of the national monument Musafirhana in Fojnica, which is privately owned. The owner of the building started the rehabilitation of the building with his personal funds, based on the project documentation prepared by the Institute for the protection of monuments of the Federal Ministry. Part of the funds for the restoration of this significant national monument was provided by the Commission to Preserve the National Monuments of B&H from the Special Fund of the U.S. Ambassador in Bosnia and Herzegovina for the protection of the cultural heritage. The Institute for the Protection of Monuments of the Federal Ministry of Culture and Sport has had a successful cooperation with the international organizations such as Cultural Heritage without Borders (CHwB) from Sweden, UNESCO, The European Commission, TIKA, The Government of the Republic of Turkey, U.S. Ambassador`s Fund. Here are some examples of the good cooperation with the international organizations: Cultural Heritage without Borders (CHwB), in cooperation with the Institute, funded the reconstruction of multiple buildings of the cultural-historical heritage: Kuršumlija Mosque in Maglaj, Uzeirbegov Han in Maglaj, the National Museum in Sarajevo, Despića house in Sarajevo, four residential buildings in the historic centre of Jajce, the orthodox monastery in Zavala and others. UNESCO, in cooperation with the Institute, funded the roof reconstruction of the National Museum in Sarajevo, Stecak Necropolis of Radimlja near Stolac, Old Town Blagaj, the building Stara Škola in Ravno, and others. From the U.S. Ambassador`s Fund for the protection of the cultural heritage, funds were provided for priority monuments for projects implemented by the Commission to Preserve the National Monuments: Aladža mosque in Foča (protection of the remains and the foundations of architectural ensemble in 2006 and the beginning of the reconstruction works in 2009); Church of St. Nikola in Trebinje near Stolac (protection of the fragments of monuments in 2007); Šeranića house in Banjaluka (emergency protection measures in 2007/08); and the Old Jewish cemetery in Sarajevo, Church of St. Vasilije Ostroški in Blagaj (according to the project of the Institute for the protection of monuments) and the Church of the Holy Trinity in Blagaj. The European Commission provided funds for the reconstruction of the City Hall in Sarajevo and for the project ARCH Stolac (10 buildings of the architectural heritage in Stolac). The Spanish Agency for the international cooperation of the Ministry of Foreign Affairs of the Kingdom of Spain provided the funds for the development of the management plan for the historical area of Blagaj for a project that was implemented by the Commission in 2008. The significant number of sites waiting for reconstruction or rehabilitation action indicates that there is a funding shortfall and that there are financial issues that remain unresolved. There has been no assessment of the direct or indirect benefits of using state of other public financial resources to support the protection, management or rehabilitation of cultural heritage assets for the benefit of society.

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7.b) Entity of the Republic of Srpska For the owners of the cultural property in the Republic of Srpska, there are no special tax benefits (such as lower VAT for the materials used) that would be applied to assist conservation, restoration or rehabilitation works. The fact is that for the owners and managers of the cultural heritage, the protection measures are often the limiting factor that they are trying to avoid. The Institute for Protection of Cultural, Historical and Natural Heritage of Republic of Srpska allocates funds for urgent interventions on cultural properties, yet they are insufficient in comparison to the existing needs. Within the annual budget of the Republic Institute for the Protection of the Cultural-Historic and Natural Heritage of the Republic of Srpska, the funding of the urgent interventions, research and valorisation of the property, preparation of the project documentation, carrying out the conservation-restoration works is planned, as well as financial assistance to private owners of cultural property in accordance with the law and the possibilities of the Institute. However, the available funds are very low in relation to the state of the properties and the requirements5. The general criteria in determining the priorities are: the importance of the cultural heritage, the urgency of interventions, an even distribution of the funds throughout the territory of the Republic of Srpska, available financing options and similar. The Government of the Republic of Turkey has provided the funds for the restoration of the Bridge of Mehmed-paša Sokolović in Visegrad, and the project is implemented by TIKA (Turkish Directorate for International Cooperation and Development). Agreement on cooperation was signed between the TIKA, the Ministry of Education and Culture of the Republic of Srpska, the National Commission of B&H for UNESCO and the Municipality of Višegrad on 19 April of 2010. In the cooperation with CHwB from Sweden, the following buildings were reconstructed: the entrance tower of the fortress Kastel and the Church of Ozren Monastery. The Institute is, in cooperation with the same organization, actively participating in the rehabilitation of the complex of the Monastery of Zavala, located in the territory of the Federation of B&H. The Institute has developed the design documentation and supervised the restoration of the Church and Old Dormitory of the Monastery of Žitomislić and the Church St. Nikola in Klepci (Federation of B&H), for which the funds were provided by Serbian Orthodox Church and private donors from abroad. The restoration of the Church of St. Apostle Pavle, Petropavlovski Monastery in Trebinje and the Church of St.Georgije in Sopotnica, were also funded by the private donors from Canada and Serbia. Restoration of the Church of the Monastery Gomionica and the Church of Saint Arhanđela Mihaila in Arandjelovo have been financed by the Ministry of Culture of Serbia. The works of clearing away debris and the protection of the Aladža Mosque in Foca were funded by the U.S. Ambassador`s Funds and from the budget of the Republic of Srpska in 2006. The Institute cooperates with the institutions of Bosnia and Herzegovina, municipal services, museums, archives of RS, University of Banjaluka, religious communities and non-government organizations, and if necessary as well with other institutions, connected with the protection and preservation of the heritage. There are the examples of good practice in terms of the cooperation with the international organizations or local actors in the field of the heritage protection. An example of successful cooperation between all actors, including the owner, the service of

5 The Institute’s programme of funds for all activities for both cultural and natural heritage of the Republic of Srpska

amounted to 300 000 KM (cca. 153 400 €) in 2012, but there has been a significant decrease of 50% for 2013.

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protection, the administrative service of the municipality, contractors, the beneficiaries of the object and public opinion, is the project of the restoration of the Cekovića house in Pale, which was adapted to provide museum and gallery space. Cekovića house was designated as a national monument of Bosnia and Herzegovina in 2004. The Republic Institute for the Protection of the Cultural-Historic and Natural Heritage of the Republic of Srpska won the Grand Prize of the First Exhibition of Architecture and Urban Planning of RS for the project of constructive recovery and restoration of Cekovića house in Pale. The same award was given to the author of the project, Milijana Okilj, M.Sc. in architecture, the head of the department of the conservation and restoration. There has been no assessment of the direct or indirect benefits of using state of other public financial resources to support the protection, management or rehabilitation of cultural heritage assets for the benefit of society. 8. Legal acts in the field of the cultural heritage protection Legal acts at the state level of Bosnia and Herzegovina: • Law on Ministries and Other Administrative Bodies of B&H (2003) • The General Framework Agreement for peace in Bosnia and Herzegovina (the Dayton Peace

Agreement), Annex 8. – Agreement on the Commission to Preserve the National Monuments; (1995)

Ratified conventions: • European Cultural Convention (Council of Europe, Paris, 1954) • Convention for the Protection of Cultural Property in the Event of Armed Conflict (UNESCO,

The Hague, 1954, Protocol of the Convention, 1999) • European Convention on the Protection of the Archaeological Heritage (Council of Europe,

London, 1969) • Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer

of Ownership of Cultural Property (UNESCO, Paris, 1970) • The Universal Copyright Convention (UNESCO, Geneva, Paris,1952, 1971) • Convention concerning the Protection of the World Cultural and Natural Heritage (UNESCO,

Paris, 1972) • Convention on the Protection of Architectural Heritage of Europe (Council of Europe,

Granada, 1985) • European convention on the protection of the archaeological heritage, revised (Council of

Europe, Valletta, 1992) • European Landscape Convention (Council of Europe, Florence, 2000) • Convention on the Protection of the Underwater Cultural Heritage (UNESCO, Paris, 2001) • Convention for the Safeguarding of Intangible Cultural Heritage (UNESCO, Paris, 2003) • Convention on the Protection and Promoting of the Diversity of Cultural Expressions

(UNESCO, Paris, 2005) • The Framework Convention on the Value of Cultural Heritage for Society (Council of Europe,

Faro, 2005). • The decision of the ratification adopted by the Presidency, The Ministry of Foreign Affairs of B

&H

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Bosnia and Herzegovina has no Law on the protection and preservation of the cultural and historical heritage at the national level, the jurisdiction in this field can be found at the level of the entities and cantons, and Brcko District. 8.a) Entity of the Federation of B&H Basic reference laws and regulations governing the protection of heritage: • The General Framework Agreement for peace in Bosnia and Herzegovina (the Dayton Peace

Agreement), Annex 8 – Agreement on the Commission to Preserve the National Monuments; 1995

• Decision of the Presidency of Bosnia and Herzegovina on Commission to Preserve the National Monuments, 2001. (Official Gazette of Bosnia and Herzegovina, no: 1/02 10/02)

• Rulebook on the Activities of the Commission as Regards International Cooperation, 2002. (Official Gazette of Bosnia and Herzegovina, no. 29/02)

• Criteria for Designation of the Property as National Monuments, 2002/2003. (Official Gazette of Bosnia and Herzegovina, no. 33/02 and 15/03; Official Gazette of Bosnia and Herzegovina, Official Gazette of the Federation of B&H, no. 59/02; Official Gazette of the Republic of Srpska, no. [RS], 79/02)

• Law on Implementation of Decisions of the Commission to Preserve National Monuments established according to the Annex 8 of the Dayton Agreement, 2002, adopted by the Parliament of the Federation of Bosnia and Herzegovina (Official Gazette of FB&H Bosnia and Herzegovina, no. 2/02 and 27/02, 6/04, 51/07)

• Law on the Protection and Preservation of Cultural, Historical and Natural Heritage, 1985, amended in 1987, 1993. and 1994

• Law on Spatial Planning and Land Use at the level of Federation of Bosnia and Herzegovina, (Official Gazette of FB&H Bosnia and Herzegovina, no. 2/05 and 72/07),

• The Criminal Code of the Federation of Bosnia and Herzegovina, articles 321 and 322 (Official Gazette of FB&H Bosnia and Herzegovina, br. 36/03, 37/03, 21/04, 18/05)

• Law on the Protection of Nature (Official Gazette of FB&H Bosnia and Herzegovina no. 33/03) • Law on Environmental Protection (Official Gazette of FB&H Bosnia and Herzegovina no.

33/03) • Law on the Inspection in the Federation of Bosnia and Herzegovina (Official Gazette of the

FB&H Bosnia and Herzegovina no. 69/05) Since 2007 year, The Government of the Federation of Bosnia and Herzegovina has adopted the number of regulations governing the issues of importance to the protection of the cultural heritage in the territory of FB&H, such as:

• Regulation on the type, content, labelling and storage, control and validation of investment

technical documentation (Official Gazette of FB&H, no. 88/07, 51/08) • Regulation on the performance of preliminary works of research nature on the national

monuments (Official Gazette FB&H, no. 36/08 • Regulation on the construction site development, mandatory documentation on the

construction site development and the participants in the building project (Official Gazette FB&H, no. 48/09 and 75/09)

Some of the Cantons have also adopted the laws on heritage: • Canton Sarajevo: Law on the Protection of the Cultural Heritage (Official Gazette of CS,

number 2/00)

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• West/Herzegovina Canton: Law on the Protection and Use of Cultural, Historical and Natural Heritage («Official Gazette of ŽZH», 6/99)

• Zeničko-dobojski Canton: Law on the Protection of the Cultural Heritage (Official Gazette of ZDK, no 2/00)

• Hercegovačko-neretvanski Canton: Law on the Protection of the Cultural – Historical Heritage in HNK („Official Gazette of HNK“, no 2/06) and Law on Approving the Construction outside the boundaries of the National Monuments that is outside the Temporary Borders and Enforcement of the Protection Measures (Official Gazette of HNK, no. 5/08);

• Unsko-sanski Canton: Law on the Protection of the Cultural Heritage («Official Gazette of USK», no 3/04).

It is evident that in the legal system there are a number of laws governing the protection of heritage at different levels: the cantonal, entity and state. Laws are neither coordinated with each other, nor they are consistent with the recommendations of international conventions. Work on drafting a law on the protection of the cultural-historical heritage at the level of Federation of B&H is currently in progress. 8.b) Entity of the Republic of Srpska

Basic reference laws and regulations governing the protection of heritage:

• The General Framework Agreement for peace in Bosnia and Herzegovina (the Dayton Peace

Agreement), Annex 8 – Agreement on the Commission to Preserve the National Monuments; 1995,

• Law on Implementation of Decisions of the Commission to Preserve National Monuments established according to the Annex 8 of the Dayton Agreement, 2002, adopted by the Parliament of the Republic of Srpska (Official Gazette of the Republic of Srpska, no. 9/02, 70/06 and 64/08)

• Law on the Cultural Property, 1995. (Official Gazette of the Republic of Srpska, number 11/95) and Law on Amendments to the Law on Cultural Heritage (Official Gazette of the Republic of Srpska, no.103/08)

• Law on Spatial Planning and Construction (Official Gazette of the Republic of Srpska, no. 55/10)

• Criminal Law of the Republic of Srpska, articles 253 and 254 (Official Gazette of the Republic of Srpska, no. 49/03)

• Law on the Protection of Nature (Official Gazette of the Republic of Srpska, number 50/02) • Law on Environmental Protection – revised text (Official Gazette of the Republic of Srpska,

no. 28/07) In 2008 two enactments were passed in the Republic of Srpska for not supporting the adoption of a draft national Law on the Cultural Heritage of B&H (opinion on the Draft Law on the cultural heritage and the Conclusion of the Government of RS).6

6The Republic Secretariat for legislation of the RS made an opinion on the Draft of the Law on the cultural heritage of B&H number: 22/03-021-524/08 of 19 August of 2008 “about the lack of the constitutional grounds for passing a law in the field of the culture and protection of the cultural heritage, an eventual possibility of passing a framework law to regulate this area by principle”. Conclusion of the Government of the Republic of Srpska number: 04/1-012-2132/08 of 04 September of 2008 “which does not support the adoption of the Law on the cultural heritage of B&H, due to the lack of the constitutional grounds”. Source: the Ministry of Education and Culture of RS, act number: 07.030 624-4/10, 01 March of 2010.

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It is evident that in the legal system there are a number of laws governing the protection of heritage at different levels. Laws are neither mutually coordinated with each other, nor are they consistent with the recommendations of international conventions. 9. The relationship between legal acts in the field of cultural heritage protection and other legal acts and policies 9. a) Entity of the Federation of B&H

9.1 a) Spatial and urban planning and strategic assessment of the environmental impact

The relevant laws relating to these issues are:

The Law on Spatial Planning and Land Use at the level of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of B&H”, no. 2/06, 72/07, 32/08, 4/10, 13/10 and 45/10 ) considers issues relating to the cultural heritage in the following articles: 4, 9,14,15,17, 25, 35, 48, 79 and 93.

The Law on the Protection and Preservation of Cultural, Historical and Natural Heritage of Bosnia and Herzegovina from 1985 (Article 50)

Regulation on the Uniform Methodology for the Preparation of Spatial Development Documents ("Official Gazette of the Federation of B&H ", number 63/04 and 50/07) – Articles 12, 13, 16, 21, 22, 24, 25, 30, 32, 34, 41, 51, 54, 58, 59, 60, 61 and 67. Spatial-plan documentation is not being elaborated on the B&H State level, as the spatial planning is exclusively in the authority of the entities, in accordance with the B&H Constitution. In accordance with the Article 6 of the law on spatial planning and usage of land on the Federation B&H, the planning documents are divided as follows: 1) Spatial Plan: - Spatial Plan of Federation of Bosnia and Herzegovina, - Spatial Plan of Cantons, - Spatial Plan of specially marked areas, - Spatial Plan of the municipalities; 2) Urban plans; 3) Detailed plan documents (which are used to make decisions on permit applications for construction activities): - zooning plans, - regulation plans, - urban projects. The Federation BiH Spatial plan is in the adoption procedure with the Federation BiH Parliament (the public discussions are on-going). A number of Cantons has adopted its spatial plans (Tuzla, Central Bosnia, Zenica-Doboj, and Sarajevo Canton) while the others are in the procedure. The spatial plans need to be in accordance with the spatial plan of Federation B&H.

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The Federation B&H spatial plan will define areas with specific characteristics (for example historic centres, highway corridors and national parks), which will have spatial plans created specifically for them. Due to the importance of the highway for Corridor 5C, the spatial plan for “Highway on Corridor 5C” is in its final stages. The municipal spatial plans need to be in accordance with the spatial plans of the Cantons. The urban plans and detailed plan documents need to be made for the areas defined by the spatial plans. The Federation B&H is obliged to create detailed plan documents for monument venues which are pronounced to be national monuments in B&H. The regulation plan for the historical city area of Mostar was developed in 2011 and enacted in 2012. Currently the creation of regulation plan for city areas of Počitelj and Blagaj is in process. All relevant institutions for the protection of the cultural-historical heritage cooperate and participate in the preparation and making the spatial and urban development plans. „All implementing and development spatial – planning acts that are not in accordance with this Decision are invalidated“ (The Law on the Protection of the Properties that by the Decisions of the Commission to Preserve National Monument designated as the national monuments of Bosnia and Herzegovina, of the Law on Implementation of the decisions of the Commission to preserve the national monuments established according to the Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina, (“Official Gazette of the Federation of Bosnia and Herzegovina”,nos.2/02, 27/02 and 6/04, 51/07). (All executive and area development planning acts not in accordance with the provisions of this Decision are hereby revoked.) The decisions of the Commission to Preserve of National Monuments about pronouncing a site as a national monument may result in the need to revise an approved spatial plan, for example, in an area zoned for commercial use where a ruin has been designated for reconstruction by the Commission. This means that the Commission will have to instruct the body making the spatial planning document to amend it in favour of protection of the site. In the process of developing spatial-planning documents, the Ministry of Physical Planning, or a specific canton, or municipality, or an Institute for protection are required to provide all relevant data on the protected cultural and historical heritage to a licensed operator who is engaged to do this plan preparation work.. The representatives of the relevant agencies and institutions for the protection of the cultural heritage are appointed to the Councils of the Plan,(who supervise plan preparation activities) and are involved from the beginning to the end of the proceedings of the spatial planning document. Problems arise mainly due to the body responsible for plan preparation (usually municipal authorities) having insufficient information about the existence of cultural and historical heritage properties, and ignorance and failure to implement safeguards established by the decisions of the State Commission to Preserve National Monuments to designate some property ensembles as national monuments of Bosnia and Herzegovina. Since Bosnia and Herzegovina is a developing country, often the protection of heritage presents an obstacle in the planning of development projects (power plants and facilities, office buildings, infrastructure facilities, etc..), and some government agencies are unable to meet the demands of both sides. There is a lack of adequate strategies for the protection of cultural, historical and natural heritage at all levels, particularly at the state level, especially regarding the use of heritage in tourism and education purposes, which would further contribute to economic progress.

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In Bosnia and Herzegovina it is often the case that the building permits are issued under pressure (economic and political), and to the detriment of the cultural-historical heritage sites (e.g. Semiz house in Sarajevo and a number of residential villas from the Austro-Hungarian period located in the Alley in Ilidza, Sarajevo, and also in the settlement of Kovačići in Sarajevo). In accordance with the provisions of the Law on Spatial Planning and Land Use at the level of Federation of Bosnia and Herzegovina and the Regulation on the Uniform Methodology for the Preparation of Spatial Planning documents, the authority responsible for the preparation of a spatial planning document is required to provide public participation in all stages of the documentation process (spatial/urban development basis, the draft, the plan proposal), through a public review and public hearings. Concerning the fact that every plan must consider the policy of heritage protection, the public is adequately informed on this matter. Public attention to some important issues of heritage protection is raised by many NGOs, and of course followed by the institutions responsible for the protection of heritage. Public opinions are invited for each plan that is being prepared and may be taken into consideration in the evaluation by the authority responsible for the plan preparation and the Council of Plan (for example: the development of the Spatial Plan of the special characteristics of importance for the Federation of B&H "Corridor Vc" was under a great influence arising from public debates and consequently the route of the corridor had been changed several times in order, among other things, to protect the historic sites of Blagaj and Počitelj). In the process of developing spatial planning documents certain studies must be carried out to make a strategic environmental assessment of the impact of proposed plan policies on the environment. Documentation must be gathered including the documentation about the beneficiaries and the owners of land (depending on the type of spatial planning document). When there is no adequate information for certain fields of special importance for planning of development, research has to be undertaken in aim of preparing special studies, surveys and the specific areas of expertise, in order to solve some specific problems in the area to be covered by the spatial plan. This includes the making of "Vulnerability studies of the space", which contain assessment and analysis of the impact of specific activities on the following: • The environment, particularly on nature and the environment, cultural and historical heritage

and natural resources • The landscape, particularly in terms of its recognition • Regional and urban development, in terms of the spatial use and facilities for the effective

performance of specific activities All elements of the protected heritage are identified in various levels of plans (national spatial plans, local development plan or regulation plans) through special policies for the protection, conservation and use of heritage assets, and for the benefit of society. There are no specific plans for the conservation of the property, or rehabilitation plans or the cultural and historical reference plans and the like, but regulation plans can be made for some historic urban areas. The problems which appear during the identification or implementation of the policies on protection of the cultural and historical environment, in various kinds of plans are mainly reflected in the disputes of various stakeholders, or discrepancy between the expert and political goals.

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Some plans are made solely for the purpose of protection and presentation of cultural heritage (regulation plans of the historic urban area of Mostar, Počitelj, Blagaj, etc.), while in the preparation of plans whose primary goal is not the protection of heritage often comes there is often conflict with desire to adequately protect cultural property. Planning policy is theoretically consistent with the principles and directives of the European Union, but the implementation is still in its infancy. Training on cultural heritage is an integral part of the curriculum at the architectural and urban schools in Bosnia and Herzegovina, but in B&H but there is no specific specialist training for urban planners who are professionally engaged. The outstanding problems in the planning system in the Federation B&H are:

• The lack of adequate strategy which would provide for recognition of cultural heritage as having economic and tourist potential,

• The planning experts are not educated sufficiently in the area of the importance of the cultural heritage and its protection when creating spatial planning documents,

• The non-existence of law on the protection of cultural heritage on the state and entity level. • In the current legislative regulation the obligations of the Body responsible for plan

preparation regarding the protection of the heritage in spatial plan documentation is missing.

9.2 a) Construction, Building, Development and Infrastructure provision

The relevant laws relating to these issues are: The Law on the Spatial Planning and Land Use at the level of Federation of Bosnia and Herzegovina ("Official Gazette of the Federation of B&H”, no. 2/06, 72/07, 32/08, 4/10, 13/10 and 45/10) – Articles 40, 54, 55, and 64. The Law on the Implementation of the Decisions of the Commission to Preserve National Monuments, established pursuant to Annex 8 General Framework Agreement for Peace in Bosnia and Herzegovina ("Official Gazette of Federation of B&H", no. 2/02, 8/02, 27/02, 6/04 and 51/07) The Regulation on Construction Site Development, which is a mandatory documentation on the construction sites and the participants in the construction process ("Official Gazette of the Federation of B&H ", no. 48/09, 75/09 i 93/12) – Article 27 and 41. The Regulation on the Type, Content, Labelling and Storing, Control and Validation of Investment-Technical Documentation ("Official Gazette of the Federation of B&H", no. 33/10) – Articles 43 and 44. The Regulation on the Performance of Preliminary Works of Research on National Monuments ("Official Gazette of the Federation of B&H ", no. 36/08) The Regulation on Conditions and the Manner of Presentation of National Monuments ("Official Gazette of the Federation of B&H", no. 27/12) There are also a number of Cantonal laws on construction and urban planning. The provisions of the Law on the Implementation of the Decisions of the Commission to Preserve National Monuments, established pursuant to Annex 8 General Framework Agreement for Peace in Bosnia and Herzegovina, stipulated the obligation for obtaining an expert opinion of the relevant

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services of heritage protection at the level of the Federation of B&H in the process of issuing the regulations on construction within the boundaries of the national monuments of B&H. In accordance with cantonal laws, the relevant administration bodies obtain the opinion/approval from the Cantonal institute for the protection of cultural heritage (if it exists), if it is about interventions that might endanger the heritage of local importance. Basically this is a unique process in which the relevant federal / cantonal / municipal authority issues a "license", subject to prior review / approval of the heritage protection authority. In the case of an "unfavourable" opinion for the investor, there is a deadline for the request to be harmonized with the measures of protection for referred cultural heritage. There is no concept of a “veto” in the legislation on the protection of heritage, but the heritage protection authority could alert the authority that eventual construction could be a threat to the cultural property, and possibly initiate the administrative proceedings against the decision act on construction, or notify the building inspection about the irregularities, in order to do that the same inspection undertakes the legal measures. The protection measures regulated by the decisions of the Commission to Preserve National Monuments on the designation of some property as national monuments of Bosnia and Herzegovina often limit the uses of the building. At the time of decision-making such decisions often seem reasonable, but in some cases the provision hampers the process of rehabilitation of the national monument. With regard to that the rehabilitation is often performed with the private investor’s funds, to whom the land use determined by the decision is not to their interest, which can result in them giving up on investment and thus the building is left to decay. This problem is reflected in the different attitudes of the State Commission to Preserve National Monuments, and the Institute for Protection of Monuments of the Federal Ministry of Culture and Sports. The problem could be solved by the State Commission not prescribing the use of the building in its decisions, and by the decisions of the Commission being more susceptible to changes in line with obtaining expert opinion of the competent services of protection. Also, it should be planned through the regular (monthly, three semester, and semester) meetings that the State Commission to Preserve National Monuments has with the entity Institutes, so that there is more successful cooperation and harmonization of the eventual different attitudes regarding the heritage protection. Environmental impact assessment is carried out in the process of issuing the environmental permit, in the event of approval of building structures and procedures that have a major negative impact on the environment (including the assessment of impacts on historic and cultural heritage). However, in the process of issuing environmental permits or approvals for the environmental impact study, consultation with the relevant heritage protection authority is not obligatory at present. The non-existence of an adequate solution in the procedure for environment licence issuance, in order to correctly treat and protect cultural–historical heritage. Other outstanding problems include:

• Cadastre and land registry information not being updated. • The non-existence of the law on state level which would treat the protection of the cultural

heritage in accordance with European principles and conventions.

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9.3 a Natural Heritage and Environmental Protection

The relevant laws relating to these issues are: • Law on the Waste Management («Official Gazette of the Federation of B&H », no:33/03) • Law on the Air Protection («Official Gazette of the Federation of B&H », no:33/03) • Law on the Water Protection («Official Gazette of the Federation of B&H », no: 33/03) • Law on the Environmental Protection («Official Gazette of the Federation of B&H », no:33/03) • Law on the Nature Protection («Official Gazette of the Federation of B&H », no:33/03) • Law on the Fund for Environmental Protection («Official Gazette of the Federation of B&H »,

no:33/03) • Law on the Tourism and Catering Activities («Official Gazette of the Federation of B&H,

number:19/96 and 28/03) • Law on the Tourist Communities and Tourism Promotion in the Federation of B&H («Official

Gazette of the Federation of B&H », no: 19/96 and 28/03) • Regulations in the Field of Tourism and Catering («Official Gazette of the Federation of B&H

», number: 23/96) The Federal Ministry of Environment and Tourism performs administrative, professional and other activities under the jurisdiction of the Federation of Bosnia and Herzegovina relating to: environmental protection of air, water and soil; strategy development and environmental policies, quality standards for air, water and earth, and environmental monitoring and control air, water and soil; development strategy and policy development of tourism and hospitality; monitoring of tourist flows in domestic and foreign markets; directing long-term development of tourism in the whole economic system and other tasks stipulated by the law. The example of a protected cultural landscape is „Bijambare“(Law on the designation of the Protected landscape of “Bijambare” adopted in 2003). The category of the protection of cultural landscape is defined by law as the border of the area that has been designated, as well as the type of works which are controlled therein. The protected area “Bijambare” encompasses an area of 497 hectares and is set in order to preserve the area for science research, ecological education, and for recreation and tourism. The management of the protected area is undertaken by the Cantonal Public Institution for Protection of the Natural Areas. The plan of management is made by the Canton Sarajevo Government. The funds for conduct of the protection are provided by Canton Sarajevo budget, Cantonal fond for environment protection, ticket sales, special event access, parking, camping and other tourist services, interest rates, usage of the sign “protected area” and other promotional material, international sources and similar. In the context of natural sites, the law determines the locations where construction may take place, the category of the protected area, zoning of the space, the protection measures, interventions in the protected area, as well as the use of natural values and protected landscape management.

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9.4 a Other laws Within Article 10 of the Law on the Implementation of the Decisions of the Commission to Preserve National Monuments, established pursuant to Annex 8 General Framework Agreement for Peace in Bosnia and Herzegovina ("Official Gazette of B&H", no. 2/02, 8/02, 27/02, 6/04 and 51/07), it was stipulated that the Federation shall ensure the legal, scientific technical, administrative and financial measures necessary for the protection, conservation, presentation and rehabilitation of the National Monuments. In this regard, the Federation authorities are obliged to harmonize legislation with this provision, concerning the fields of investment, taxation, property ownership, restitution, tourism, expropriation, criminal sanctions / criminal law, human / cultural rights, and so on. The provisions of the Law on implementation of the Commission to Preserve National Monuments are set in accordance with Annex 8 of General Framework Peace Agreement for Bosnia and Herzegovina are often not implementable, with regards to the fact the Federation BiH has no financial, expert and other capacities to fill the conditions from the Commission decisions, therefore is not able to implement the measures of the protection without getting all authority levels involved. The fact that some cantons do not have Institutes for protection of cultural and natural heritage means that there is incomplete management of the heritage and this is made worse by lack of coordination between the cantons and the Federal Institute. 9.b) Entity of the Republic of Srpska

9.1. b Spatial and Urban Planning and Strategic Environmental Assessment The main current law relating to the issues of spatial and urban planning in the Republic of Srpska is the Law on Spatial Development and Construction, adopted in 2010 (Official Gazette of RS no. 55/10; however, the new Law on Spatial Development and Construction is currently in process of adoption).

The issues of environmental assessments are addressed in the Law on the Nature Protection and the Regulation on projects for which environment impact assessment is performed and criteria for deciding on the implementing obligations and the scope of the environment impact assessment. Both legal acts were adopted in 2012.

In accordance with the Article 67 of the Law on the cultural heritage, the service of protection participates in the process of preparing the spatial and urban development plans, through the delivery of available data and the conditions of immovable cultural heritage protection and taking part in the consideration of the proposals of the spatial and urban development plans. Article 3 of the Law on Spatial Development and Construction defines which spatial activities are included in the protection of the cultural monuments. Articles 21, 22, 24, and 26 of the same Law define the obligations incorporating measures of the built and natural heritage in spatial planning documents. Article 32 stipulates the obligation for obtaining the opinion of the institution for the protection upon the proposals of the planning solutions. Articles 44 and 45 of the Law regulate the matters of establishing the uniform spatial/information system, which as well include the data on the cultural and natural heritage. The ministries responsible for cultural heritage and spatial planning collaborate in the matters of: creating documentary base for spatial and urban planning, evaluation of plans. According to the

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principles expressed in the Law on Spatial Planning and Development, cultural heritage is seen as an opportunity for progress and the element of sustainable development. There have been some examples of development proposals which may have adverse effects on the heritage, especially to natural heritage, such as construction of hydro power plants. In several cases of development proposals with potential harmful effects on cultural heritage, the Institute for Protection of Cultural, Historical and Natural Heritage of the Republic of Srpska has recommended compilation of detailed heritage impact assessments, for the purpose of decision making on these developments. However, there are no laws or regulations dealing particularly with cultural heritage impact assessments in the Republic of Srpska. The public is consulted in the process of spatial planning through public viewing of the draft plans and possibility to make remarks which have to be considered and adopted if they are well-founded. General protection measures for cultural heritage are embedded in the Spatial plan of the Republic of Srpska up to 2015 (2008), to which all spatial planning documents are subordinated. Some municipalities of the Republic of Srpska, such as Banjaluka, Bijeljina, Mrkonjić Grad, Gacko or Šipovo have had detailed studies – evaluations of cultural and natural heritage made, which serve as a base for treatment of heritage in their territories. Some problems in including heritage in spatial and urban planning in the Republic of Srpska derive from the incomplete database on heritage, lack of accurate information on the state of cultural properties, and insufficient number of experts for cultural and natural heritage to be involved in development and evaluation of plans. In the Republic of Srpska, urbanists (town planners) and spatial planners are educated at the Faculty of Architecture and Civil Engineering and at the Faculty of Sciences (Department of Spatial Planning). The architects – urbanists receive education on cultural heritage during regular studies (subjects: Protection of Built Heritage and Revitalisation of Built Heritage). Students of spatial planning study the Cultural Aspects of Spatial Planning.

9.2. b Construction, Development and Infrastructure Provision The main current law relating to construction, development and infrastructure provision in the Republic of Srpska is, again, the Law on Spatial Development and Construction. Its Article 50 regulates the process of issuing the location conditions for the reconstruction and restoration of immovable cultural heritage of a great and extraordinary significance, the construction and reconstruction of the buildings in the zone I and II of the degree of the protection of cultural, historical and natural heritage. Article 65 of this law stipulates the obligation of a public tender for the development of conceptual designs for buildings that can threaten the environment, natural and cultural-historical heritage. The Law on the Implementation of the Decisions of the Commission to Preserve National Monuments regulates issuing permits for rehabilitation of national monuments (Article 4 of the Law). The Law on Changes of the Law on the Implementation of the Decisions of the Commission to Preserve National Monuments (adopted in 2008) introduced the obligation to the owner to obtain approval of the rehabilitation project from the Institute for Protection of Cultural, Historical and Natural Heritage of the Republic of Srpska.

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The issues of new developments which may have impact on the cultural heritage are addressed in two ways: through involvement of heritage authorities in the spatial and urban planning processes, and through issuing expert opinions and approvals for new development in protection zones of the heritage assets. The Law on Cultural Properties of the Republic of Srpska regulates the case of archaeological findings during construction works. If archaeological objects or sites are discovered during construction or other works, the works must be temporarily stopped and the heritage authorities informed. In case archaeological research, protection and presentation are necessary, that is to be done at the expense of the developer – investor (Articles 82 and 83). Approvals for change-of-use and adaptive reuse for historic buildings are issued by municipal authorities or the Ministry for Spatial Planning, Civil Engineering and Ecology of the Republic of Srpska, depending on the status of the building. Before compilation of the design, the heritage authorities define the conservation measures to be taken into account. An approval to the design documentation by the heritage authorities is also required as a part of the documentation needed for the change-of-use or adaptive reuse approval by municipality or the Ministry. For major development works and infrastrucure projects, environment impact assessment (EIA) is required, which is regulated by the Regulation on projects for which environment impact assessment is performed and criteria for deciding on the implementing obligations and the scope of the environment impact assessment (adopted in 2012). Assessment of the effects of cultural heritage is a part of EIA studies, although such studies are usually more focused to the impacts on the natural heritage. 9.3.b Natural Heritage and Environmental Protection

In the Republic of Srpska, the following laws and the provisions in the field of the nature protection and the environmental protection were adopted: Law on the nature protection (Official Gazette of RS no. 113/08), Law on the Environmental Protection (Official Gazette of RS no.71/12), Law on the air protection (Official Gazette of RS no. 124/11), Law on Hunting (Official Gazette of RS no. 60/09), Law on the National Parks (Official Gazette of RS no. 75/10), Law on Animal Welfare (Official Gazette of RS no. 111/08), Ordinance on Protected Natural Areas, Rule Book on the way of establishment and management of the information system for the Protection of Nature and the Monitoring System, the Ordinance on the internal order in the National Park, Ordinance on the content, establishing and implementing management measures in Protected Areas, the Regulation on projects for which environment impact assessment is performed and criteria for deciding on the implementing obligations and the scope of the environment impact assessment.

Areas that could be protected through legislation for the protection of cultural, historical and natural heritage, together, are all potential areas that are designated according to the categories of the Nature Protection Law (Official Gazette of RS no. 113/08). In line with the ratification of the European Landscape Convention it is hope to make a new form of designation for cultural landscapes when a legislative opportunity arises.

This law recognizes six categories of protected areas, which is also in accord with the IUCN (International Union for Conservation of Nature) classification. The categories are: protected natural areas (strict nature reserves and wilderness areas), national parks, natural monuments, habitat management areas, protected landscapes and protected areas for resource management. Currently, three nature reserves, two national parks, six natural monuments and

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one area for resource management are protected in the Republic of Srpska, with more areas in process of proclamation.

9.4.b Other laws In the taxation system of the Republic of Srpska, there are no VAT exemptions foreseen for conducting conservation or restoration measures on cultural heritage. However, the owners of cultural properties are exempted from property tax (Article 7 of the Law on Property Taxes of the Republic of Srpska, adopted in 2001). The Criminal Code of the RS addresses the issues of destruction or damage to cultural monuments. The Law on the Implementation of the Decisions of the Commission to Preserve National Monuments prevents application of other laws that directly or indirectly address the matters of protection, conservation, presentation and rehabilitation of the national monuments, in case their provisions are found opposite to this law.

10. Inventory, filing systems and the planning process The institutions involved in the protection of cultural and historic monuments have their own archives, but in most cases they are not in electronic form. In some areas of the country, maps have not been updated and it is not possible to connect the land registry data with the data on the owners. In addition, in some parts of the country property records were destroyed during the Second World War and the war in the period 1992 – 1995. During socialistic period up to 1992 The Republic Institute for Statistics of Bosnia and Herzegovina had established a list of immovable heritage in 1986. The former Institute for Protection of Cultural, Historical and Natural Heritage of Bosnia and Herzegovina (since 2003, the Institute for the Protection of the Monuments within the Federal Ministry of Culture and Sport) completed the inventory before the war, which was subsequently partly destroyed during the war. In the Documentation Centre of the Commission to Preserve National Monuments, there are collected, sorted and filed, the documents on the property designated as the national monuments or the ones having cultural and historical value which could be designated. The Documentation Centre supports the activity of designating properties as national monuments, which is an on-going process of protection and management of national monuments.

The documentation that is used in the designation of property as a national monument is digitized and available to employees of the Commission, using it in their daily work. Such prepared documentation presents the basis of documenting the heritage in B&H, compiling relevant data on the national monuments. Monumental documentation in the Documentation Centre of the Commission is kept as hard and digital copies. According to the adopted Rules for the Use of Documents of the Commission to Preserve National Monuments Commission, all documentation of the Commission is available to the general public. The Documentation Centre of the Commission presents the basis for the establishment of the List of National Monuments (architectural and archaeological heritage of the importance for the Bosnia and Herzegovina). With the aim of preparing the database in accordance with the European standards, the Commission has drawn up a test database according to the standards of the Council of Europe (Guidance on the inventory and the

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documentation of the cultural heritage edited by John Bold, Monique Chatenet, Strasbourg: Council of Europe, 2001). Both the hardware and software based on this test database are essential for establishing the electronic database for the Register of Heritage of Bosnia and Herzegovina.

Concerning the large number of registered monuments in Bosnia and Herzegovina, the lack of documentation and the degree of damage and destruction of heritage during the war period of 1992 – 95, the Commission has developed the project proposal for the establishment of the Register of Architectural and Archaeological Heritage of Bosnia and Herzegovina. The project is also found on the list of priority projects of the institutions of Bosnia and Herzegovina as part of the Public Investment Programme in Bosnia and Herzegovina, which has been prepared by the Ministry of Foreign Trade of B&H. The Commission has initiated the process of digitizing the database of national monuments and the establishment of a GIS. In order to establish an adequate database and presentation of the monuments, the Commission has installed a MAP-info program, trained the staff and in 2009 worked on the presentation of data on endangered heritage to identify cultural heritage in need of priority action. 10.a) Entity of the Federation of B&H The institutions responsible for heritage protection implement the activities on the digitization of documents in their possession (including those listed on the List of National Monuments and other properties having cultural value).The Institute for Protection of the Monuments of the Federal Ministry of Culture and Sports has an important documentation centre, with documentation on the heritage since 1946 year, from the establishment of the Institute, until now. Most of documentation is digitized and used in accordance with the internal Archive rules and guidelines. In terms of the exceptional value of the Documentation Centre, it is necessary to make a plan for protection against accidents and ensure the retention of documents in multiple places (for example, submit a written request with all personal and contact information, with the purpose of using requested materials etc; material should not be taken out of the building so that only employees can copy or scan it). To resolve the problem of keeping documents in multiple places it would be preferable to establish a national database on European core standards – with digital access from the two entities and different institutions. The archive of the Institute for the Protection of Monuments of Federation BiH has drafts of the current situation, the restoration projects, conservation, reconstruction and rehabilitation of sites which have been conducted in the previous 60 years and as such represents valuable material for work on the heritage protection. 10.b) Entity of the Republic of Srpska The Republic Institute for the Protection of Cultural-Historical and Natural Heritage of the Republic of Srpska has its own archive on the cultural heritage which is located in the Republic of Srpska. The archive is partially digitized (this is especially related to the more recent documents). For some municipalities in the Republic of Srpska, the documentation on the cultural heritage, as well as the land registry documentation, was destroyed during the war. From its founding in 1976 to the 1990s, the current Republic Institute was a regional institution, and its documentary basis was limited to data on the monuments from the region. Upon its transformation into an entity institution, it was necessary to form a documentary basis for the

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heritage for the entire territory of the Republic of Srpska, because of significant problems. Some documentation was destroyed during the war, and a large amount of the documentation and information is still kept in the archives of the Federal Institute for Protection of Monuments in Sarajevo. Despite the initiatives and requests from the Republic of Srpska to transfer or copy the existing documentation, this issue is still unresolved. Therefore, from the second half of 1990s, the Institute started the fieldwork ‘from scratch’, with the aim of completing and updating the records and documentation. This field survey is still in progress (so far, about 60% of the territory of RS has been surveyed). In previous times, researchers had not dealt with the architecture of rural areas in any significant way, and the services of protection conducted a systematic review of the conditions quite late, when this heritage had largely disappeared. In fact, according to available data, only the Institute of the RS works on the detailed reconnaissance and maintains files on the rural architecture, which is aimed at creating documentation on the disappearing rural heritage. This heritage was not systematically researched and documented in former Socialist Republic of Bosnia and Herzegovina. In recent years, the Institute has established and implemented a method of recording that matches the standard for the basic information of the Council of Europe (Core Data Standard). All documentation of the Institute is available to the general public. The most common purpose of the use is for the need of the scientific work.

11. Forms of the immovable cultural heritage protection 11.a) Entity of the Federation of B&H The Law on Implementation of Decisions of the Commission to Preserve National Monuments established according to the Annex 8 of the Dayton Agreement stipulates the protection and rehabilitation measures applicable to the properties designated as national monuments of Bosnia and Herzegovina. For the purposes of this law a National Monument is a property that the Commission has designated as a national monument of Bosnia and Herzegovina properties entered on the Provisional List of National Monuments of Bosnia and Herzegovina, and properties registered under the terms of individual rulings issued by a competent authority, as cultural monuments of historical importance or the natural heritage of Bosnia and Herzegovina prior to April 1992, until the Commission reaches a final decision on its status. For every designated national monument, the Commission to Preserve National Monuments defines protection measures. Rehabilitation of a National Monument of B&H, in terms of the above mentioned law, refers to bringing of damaged or destroyed property into its condition prior to destruction, to the extent reasonably possible, including reconstruction of a National Monument, at the same location, in the same shape, of the same dimensions and made of the same materials as it was before the destruction by applying the same construction technology whenever reasonably possible. According to the Law on the Protection and Preservation of Cultural, Historical and Natural Heritage of Bosnia and Herzegovina of 1985, the protected areas are kept in their original, natural or found state, and if they are exposed to the impact of adverse natural and other factors, as well

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as other biological, chemical and physical damage, extermination, destruction and decay that change their properties and appearances, the appropriate measures are taken to protect the threatened property and bring it back to a previous state, saving it from further deterioration or revitalizing the property. It is forbidden to execute works on a cultural monument that could endanger the monument or carry out changes that could undermine the authenticity of its essential properties. In a monumental complex, only those actions that shall not cause any modification of the essential characteristics for which the complex is protected are permitted. The architectural ensemble is a settlement or a part of settlement, necropolises or other buildings which have a special cultural, historical, artistic, scientific and educational value. In the archaeological site, no actions are allowed except for the archaeological research carried out by the authorized organization of associated labour, according to previously obtained approval by the Institute of B&H. On the memorials no actions are permitted actions that could jeopardize their essential character, purpose, or function. Memorials are the objects or groups of objects with artistic, urban and architectural value, names of streets and squares which are the memories on significant historical events and personalities. Around the monument of culture, monumental complex and memorials, an appropriate protected area with appropriate protection measures, is determined. In the national park, the memorial area, the park of nature and the area of natural beauty, there are forbidden all actions that would lead to significant changes of natural and other values and particularity of the area as whole, and in their parts the actions that are not in accordance with the properties, purpose or function of these parts. In nature reserves and on natural sites and the rarities, all actions and activities that could disturb the natural spontaneous development or violate basic natural properties that are protected, are prohibited. Around general (strict) nature reserve, one (or more) protected area is determined with appropriate measures for protection. In the special Nature Reserve measures are taken to improve the values and support the process for which the reserve is protected. Due to the damaged state of immovable cultural property in Bosnia and Herzegovina (through war damages), action and the management of cultural heritage is focused on operational emergency care, reconstruction, restoration, rehabilitation and conservation. 11.b) Entity of the Republic of Srpska According to the Law on the Cultural Property of the Republic of Srpska, and on the basis of their physical, artistic, cultural, scientific and historic features, immovable cultural properties are the following: the cultural monument, spatial cultural historical ensembles, archaeological sites and the sites of particular significance. Spatial cultural historical ensembles are the areas containing a number of immovable cultural properties (urban or rural settlements or their parts). Sites of particular significance include sites of important historical events, areas which combine unique natural and cultural values in whole, memorial cemeteries, other places of memory or monuments to significant persons or historical events. The protected environment of immovable cultural property enjoys as protection as the cultural property. In general terms, this means that cultural

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property and cultural property under temporary protection must not be damaged, destroyed, nor can works that affect its appearance, characteristics and functions be conducted without approvals in accordance with the Law on the Cultural Properties. Cultural properties are classified into the following categories: cultural property of an exceptional importance, cultural property of a great importance, and other cultural properties. Items and creations for which it is assumed have features of a special importance for culture, art and history, enjoy temporary protection stipulated by the Law on the cultural heritage. All measures of the protection and conservation of these properties as well as their protection zones are defined in the technical documentation for the designation of the cultural property. Also, the List of National Monuments of B&H was established, which includes the properties from the territory of the Republic of Srpska. Making decisions on the designation of the national monuments is under the jurisdiction of the Commission to Preserve National Monuments. According to the current legislation, the cultural properties designated as the national monuments or listed on the Provisional List of National Monuments, as well as the properties for which a petition for designation has been submitted, have the highest level of protection. There is no right to appeal on a confirmed decision on designation. It is important to mention that in terms of the national monuments issues there are significant problems: no further categorization among national monuments which poses difficulties in setting priorities for interventions and financing; relation to the register of cultural heritage of former SR BiH is unclear; protection measures defined in the decisions are sometimes too restrictive and protection zones too big, which is sometimes not realistic and feasible in urban centers. Also, some decisions on the designation of national monuments are incomplete and do not correspond to the situation in the field. For example, this can be seen in relation to the decisions on designation of the Necropolises of Stećci as a national monument of B&H. During field work (which is still in progress) for the preparation of documents for designation of the necropolises of stećci for inscription on the World Heritage List, the expert team of the Institute found that there was a significant shortfall in the aspects to be included in the designation related to the exact number and characteristics of the stećci covered by the designation decisions. Therefore, it would be beneficial to be able to review the existing information that the Commission to Preserve National Monuments of Bosnia and Herzegovina has prepared for the decisions on designation the monuments, as following further research, there may be instances when the existing information is not a sufficiently reliable basis for the further activities of protecting important monuments.

12. Other mechanisms of protection/preservation 12.a) Entity of the Federation of B&H

The Laws on Spatial Planning of the Federation of Bosnia and Herzegovina regulate the planning and use of the land at the entity level by the preparation and enactment of different types of spatial-planning documentation and its implementation, and through monitoring of the these activities and implementation of this Law, as well as through penalties for legal entities and persons (penalties are specified for construction, renovation, restoration, rehabilitation and upgrading existing building or site without permits).

The Criminal Laws of the Federation of Bosnia and Herzegovina stipulate the penalties for destruction of cultural monuments or protected natural areas and resources, as well as penalties for illegal intervention in the cultural sites and natural areas and resources without the approval of

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the appropriate authorities. The Law on Protection of Nature in the Federation of Bosnia and Herzegovina stipulates the conditions and the way of the restoration, protection, conservation and sustainable development of landscapes, natural areas, plants, animals and their habitat, minerals, fossils and other natural components, and in the area of entity, the powers of authorities dealing with the nature protection, planning of the nature protection, general and special measures for the protection of nature, information system, monitoring, financing of the nature protection, and penalties for violations made by legal entities and individuals. Environmental Laws of the Federation of Bosnia and Herzegovina are related to protected areas and regulate: preservation, protection, restoration and improvement of environmental quality and capacity of the environment, and improving the quality of life, measures and conditions of management, preservation and rational use of natural resources. Protection measures are defined in every Decision on designation of the property a national monument by the Commission to Preserve National Monuments of B&H. Conservation conditions (vertical and horizontal dimensions, number of floors, the shape of the openings, materialization, etc.) defines Institute for Protection of Monuments of the Federal Ministry of Culture and Sports, in the expert`s opinions. 12.b) Entity of the Republic of Srpska The Law on Spatial Planning and Construction of the Republic of Srpska regulates the land use planning at the entity level through the development, adoption and implementation of the plan documents, land use at the entity level, monitoring the implementation of planning documents and the law, and provides penalties for the legal entities and individuals,(penalties are specified for construction, renovation, restoration, rehabilitation and upgrading existing building or site without permits and for lack of the information or application of heritage protection measures in spatial planning documents, compilation of technical documentation by unauthorized entity or individuals etc). The Law on Spatial Planning and Construction recognizes protection of cultural and natural heritage as one of the main principles of spatial planning. It also gives definitions of terms related to heritage protection, which, however differ from the ones given in the Law on Cultural Properties. This issue has already been addressed in the currently ongoing process of adoption of new entity Law on Spatial Planning and Construction. The Criminal Code of the RS specifies the penalties for the destruction of cultural monuments or protected natural areas and resources, as well as penalties for illegal intervention in the cultural sites and natural areas and resources without the approval of the appropriate authorities. The Law on Protection of Nature of the RS stipulates the conditions and the way of the restoration, protection, conservation and sustainable development of landscapes, natural areas, plants, animals and their habitat, minerals, fossils and other natural components and in the area of entity, the powers of authorities dealing with the nature protection, planning of the nature protection, general and special measures for the protection of nature, information system, monitoring, financing of the nature protection, and penalties for violations made by legal entities and individuals. Laws on Environmental Protection in the RS are related to protected areas and regulate:

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preservation, protection, restoration and improvement of environmental quality and capacity of the environment, and improving the quality of life, measures and conditions of management, preservation and rational use of the natural resources. 13. Education, the awareness arising and the mechanisms of public hearings 13.a) Entity of Federation of B&H For the first time in Bosnia and Herzegovina, in the academic year 2003/2004, the Faculty of Architecture in Sarajevo organized multidisciplinary postgraduate studies for the restoration and conservation of cultural and historical monuments, architectural ensembles and ensembles, which was attended by 60 graduate students. Lecturers were the eminent experts from Bosnia and Herzegovina, neighbouring countries, and the lectures were related to the contemporary principles of heritage protection. In 2009/2010 academic year, the Faculty of Architecture in Sarajevo organized the first doctoral program in the field of restoration and conservation of cultural-historical heritage. The undergraduate and graduate archaeology study has been carried out according to the Bologna process at two university centres in the country. At the University of Mostar in the 2000-2001 school year, the study of archaeology as initiated. A few years later (2008/2009), at the Faculty of Philosophy in Sarajevo, the Department of Archaeology was formed. Dedicated postgraduate studies in the field of conservation and restoration of movable property (archaeological finds, paintings, wooden or metal artefacts and ancient books and manuscripts) do not exist at present in the universities in B&H. However, these important segments should be included through the different courses, seminars, workshops and conferences. Since 2004, the Federal Ministry of Culture and Sports organizes the event the European Heritage Days in Bosnia and Herzegovina. Events were held in cities across the Federation of B&H in the cooperation with the local communities and cultural workers. Within the project ”Bosnian Kingdom Trail” the Agency of Jajce has implemented activities aimed at raising awareness of the importance of heritage to school children and adolescents. The Agency has organized seminars and lectures for youth and residents of the city as well as for the training of tourist guides. An important part of this process is raising the awareness amongst the public in general, especially young people, about the importance of the cultural heritage of Bosnia and Herzegovina. The Commission to Preserve National Monuments is leading a project named "My Bosnia and Herzegovina-My Heritage" in cooperation with the entity ministries of education and culture, local authorities, primary school principals, teachers and students. Target groups include elementary school students. This strategy also should be extended to the general public, both children and adults, in order to increase awareness about the importance of heritage and to emphasize the fact that it does not belong to only one community, but to everyone, as the common heritage of all. Promotion of the cultural and natural heritage is very important especially for the reason that it raises awareness about the existence and need for care for the heritage. Decisions on the designation of the cultural property as the national monument are made on the basis of the submitted petition, which may be submitted by any legal organization or individual in Bosnia and Herzegovina. Also, there are organized public debates on the projects, plans and construction work, where all B&H citizens may take participation.

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13.b) Entity of the Republic of Srpska A lack of information and ignorance of the value of the cultural and natural heritage has been recognized as one of the major problems for its effective protection and therefore the Republic Institute for the Protection of the Cultural-Historical and Natural Heritage of the Republic of Srpska has organised a major programme activities, including a great number of the exhibitions and presentations on the heritage, workshops and classes in elementary and secondary schools, round-tables and conferences. Weaknesses in the protection of the heritage are also associated with the other actors in the process: investors and owners often attempt to circumvent the protection service, giving priority to private property as opposed to the status of heritage as a public good. The protection is also perceived as restriction (for example, protected buildings are often situated in favourable locations, where building a new structure would be more profitable; or, higher costs of restoration and maintenance, without instruments for financial aid or compensation to the owners). The professional public does not follow up and react to these processes, and the media are not systematically covering the field of heritage. 14. The rights of religious authorities 14.a) Entity of Federation of B&H All religious communities in Bosnia and Herzegovina, as owners of cultural property, are required to comply with the relevant laws on cultural heritage. In addition, the religious communities as a cultural property owner are required to apply for a license to carry out work on cultural property, and prior to the intervention to gain the expert opinion of the Institute for the Protection of the Monuments of the Federal Ministry of Culture and Sport with defined conservation conditions. The communication between the religious communities in Federation BiH and the authorised institutions is not always clear and organised. 14.b) Entity of Republic of Srpska Like all other owners of cultural heritage, the religious communities have an obligation to respect the provisions of the Law on Cultural Property of the Republic of Srpska. The Institute has generally established good contacts and cooperation with the religious communities, which own a great number of cultural properties. For example, since 2005, the Government of the Republic of Srpska, through the Republic Institute for the Protection of the Cultural-Historical and Natural Heritage of the Republic of Srpska, provided financial support for the individual stages of work on Aladža Mosque in Foča (collecting and filing the fragments), on Selimija Mosque in the municipality of Sokolac, The Parish Church of Pohod BDM in Banjaluka and others. The Institute has developped design documentation and partially funded reconstruction of monasteries: Žitomislić, Zavala, Ozren, Gomionica, Moštanica and Petropavlovski, the churches in Klepci, Gomiljani, Sopotnica, Mostar. The RS government provided the considerable funds for the reconstruction of Ferhadija Mosque in Banjaluka (1 294 582 KM which equals 661 919 € through the RS Ministry of Religion). As the example of problems in terms of the cooperation, the process of restoring the Cathedral Church in Mostar can be distinguished. It began with the cooperation of a number of institutions. The clearing of the Cathedral Church of St. Trinity in Mostar was financed by the Ministry of Culture and Sports of FB&H. The professional team of the Republic Institute for the Protection of the Cultural-Historical and Natural Heritage of the Republic of Srpska made a detailed technical

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survey of the situation, and then the main renovation design, for which the necessary permits and approvals were obtained (2007-2009). Accordingly, the conditions were provided for the beginning of the reconstruction of the church.7 However, for unclear reasons, the Institute has been excluded from the reconstruction process.

15. The rights of minorities, returnees and vulnerable groups According to the national Law on the Protection of National Minorities (2003) members of national minorities have the right to be represented in government and other public services at all levels, in proportion to the percentage of their share in the population according to the last census in Bosnia and Herzegovina. The law also established that Bosnia and Herzegovina protect the status and equality of the 17 national minorities: Albanians, Montenegrins, Czechs, Italians, Jews, Hungarians, Macedonians, Germans, Poles, Roma, Romanians, Russians, Ruthenia’s, Slovaks, Slovenians, Turks and Ukrainians. 15.a) Entity of Federation of B&H The Law on the Protection of National Minorities in the Federation of Bosnia and Herzegovina ("Official Gazette of Federation of B&H“, number 56/08), in accordance with the Law on the Protection of National Minorities of Bosnia and Herzegovina ("Official Gazette of B&H", number 12/03 and 76/05) and the European Framework Convention for the Protection of National Minorities 1994, stipulate the rights and obligations of members of national minorities in the Federation of B&H including to respect and protect, preserve and develop the ethnic, cultural, linguistic and religious identity of every member of the national minorities who is a citizen of the Federation of B&H. Persons belonging to national minorities have the right to establish libraries, video libraries, cultural centres, museums, archives, cultural, art centres and all and all other forms of freedom of cultural expression, and to take care about maintaining their cultural monuments and cultural heritage. In the cities, municipalities, and local communities in which members of national minorities make up more than one-third of the population, information in languages of national minorities will be provided in the institutions for cultural activities. Archives, museums and other institutions for the protection of cultural, historical and architectural heritage of the Federation are required to ensure proportional representation of the cultural, historical and architectural heritage of all national minorities in the Federation of B&H in their programmes. When allocating funds for the rehabilitation of sites of cultural and historical heritage, the Federal Ministry of Culture and Sport must ensure that all ethnic groups are represented. 15.b) Entity of Republic of Srpska

In carrying out activities for the protection and preservation of cultural heritage, the Republic Institute for the Protection of the Cultural-Historical and Natural Heritage of RS applies identical criteria in the treatment of the heritage of various cultural, religious and ethnic communities present in the Republic of Srpska. In 2004, the Law on Protection of Rights of Members of National Minorities was adopted in the Republic of Srpska. By this law, status and position of the minorities in the Republic of Srpska is regulated, and their ethnic, cultural, linguistic and religious identities respected. This includes:

7 All activities on the project preparation were financed by the Republic Institute for the Protection of the Cultural-Historical and Natural Heritage of RS and the Institute bestowed the technical documentation as the contribution to the reconstruction of the building.

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financial aid to the minorities’ organizations, use of signs and symbols, use of minorities’ languages, rights in education, information, and cultural expression, participation in authority bodies and public administration. Archives, museums and heritage protection authorities are obliged to ensure proportional representation of all minorities, and protect their cultural heritage. Among the goals of the Strategy of culture development 2010–2015 of Republic of Srpska , there are inclusive treatment of minorities and vulnerable groups and working on intercultural dialogue and understanding. 16. Enforcement, sanctions and penalties 16.a) Entity of the Federation of B&H The penalties and sanctions for unauthorized, unlawful or similar interventions on the buildings and archaeological sites of cultural and historical heritage are defined in the Law on the Protection and Preservation of the Cultural-Historical and Natural Heritage of Bosnia and Herzegovina in 1985 year, but it is impossible to apply it due to currency fluctuations. The financial sanctions defined by the Law from 1985 are not applicable in present day Bosnia and Herzegovina because they are stated in Yugoslav dinars and have not been updated to take into consideration the complete change of the monetary system. The Criminal Laws of the Federation of Bosnia and Herzegovina stipulate the penalties for the destruction of cultural monuments or protected natural areas and properties, as well as the penalties for illegal intervention in the cultural sites and natural areas and the properties without the approval of the appropriate authorities. However, criminal sanctions are rarely taken.

The Inspection system for the control of illegal, unauthorized or harmful activities on objects of cultural and historical heritage of the Federation of B&H operate in accordance with the laws, but there is scope for more efficiency in the work of the inspectors, which is presently regulated by the Law on Inspections in Federation of Bosnia and Herzegovina "Official Gazette of Federation of B&H", No. 69/05. 16.b) Entity of the Republic of Srpska Upon completion of the works on the immovable cultural property, the investor is required to notify the Institute, which performs the verification and review of the site and determines whether the works were carried out in accordance with the design and the approved documentation. If it is determined that the works have not been carried out in accordance with the project, the Institute will make a ruling requiring the investor to ensure that the implemented works are harmonized with the approved design within a specified deadline. If the investor fails to comply with the decision, the Institute may submit a request to the competent authority for the destruction new works or return of the property to its original condition, at the expense of investors. If in the course of construction and other works an archaeological sites or archaeological items are found, the Contractor is required to immediately stop work and notify the Institute or regional unit of the Institute to undertake measures to protect the site of damage and destruction. If there is an immediate danger of damage to archaeological sites or items, the Institute temporarily suspends the works until it is determined whether the identified immovable property or item is of cultural significance or not. The Law on Cultural Heritage of the Republic of Srpska envisages penal provisions in case of violations of the provisions of the law by the institutions of protection or legal entity or individuals

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(Articles 106–109 of the Law). The Criminal Law of RS also deals with these issues (Articles 253 and 254), as well as the penalty provisions of the Law on the Spatial Planning and Construction of the Republic of Srpska. However, the penalty provisions do not always work efficiently in practice (common reasons are lack of inspectors, lack of coordination between institutions, long procedures). 17. Conclusions The conclusions to this report are provided separately for the two entities: 17.a) Entity of the Federation of B&H This Heritage Assessment Report (HAR) focused on identifying the main issues concerning the cultural heritage field in the Federation of B&F from its legal, administrative, strategic and managerial aspects. These were also analysed and compared to the policies of other fields, such as tourism, nature protection, spatial and urban planning, but also finances, education, minority rights etc. It considers current strategies, policies, programmes and practice for use and preservation of the heritage in an informative and reliable manner, reflecting on existing constraints, difficulties and needs, as well as proposals for future improvement. The main priorities for the improvement of the heritage protection policies are identified as following:

- Establishing an inter-sectorial and inter-ministerial working group for the coordination of activities regarding the rehabilitation of cultural heritage;

- Making a first draft new Law on the Protection and Preservation of cultural heritage in the Federation B&H;

- Preparation of draft National Strategy on the Preservation, Rehabilitation and sustainable Use of Cultural Heritage;

- Development of mechanisms to use existing funds more efficiently and to generate new

funds for heritage;

- Raise awareness and training on the wider benefits associated with investment in rehabilitation projects.

Based on the Report, a set of actions for reaching the above goals and priorities had been identified. It should be used as a guiding, but mostly, as a monitoring tool which would measure up the progress and achievements made in the time frame of the implementation of the project “Ljubljana Process II: rehabilitating our common heritage” (April 2014), but also beyond, as the project should result in incorporating its methodology and principles within the heritage protection system of the country. Below is the List of the main identified actions, grouped in four different sets of actions (linked to sections in the HAR), which are submitted to the Ljubljana Process Steering Committee for adoption, in particular those highlighted which should be subject of direct support by the Regional Cooperation Council Task Force for Culture and Society, and the Council of Europe, funded by the European Commission: Inter sectorial cooperation

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- Establishing an inter-sectorial and inter-ministerial working group for the coordination of

activities regarding the rehabilitation of cultural heritage (HAR section 1, 2, 3, 4, 6, 7, 8, 9.1, 9.2, 14, 16)

Development of strategies and laws to improve the preservation, rehabilitation and use of heritage resources

- Preparation of draft National Strategy on the Preservation, Rehabilitation and sustainable Use of Cultural Heritage including identifying priority actions through flagship projects (HAR section 2)

- Drafting Sustainable Tourism strategies for heritage buildings and sites with investment

potential. (HAR section 3)

- Making a first draftnew Law on the Protection and Preservation of cultural-historical heritage in the Federation B&H. (HAR section 8)

- Improvement of planning mechanisms for managing cultural heritage monuments and sites in urban areas (HAR section 12)

Education, Training, Awareness raising and Promotion

- Training of the personnel at the local level of government – municipalities with the aim of raising awareness and improving the work for the rehabilitation and care of the cultural heritage, in priority in relation to flagship projects (HAR section 5)

- Training of the experts in the private sector that are competent for designing and

execution of the works concerning the rehabilitation of the cultural heritage, in priority using the resource of flagship projects (HAR section 5)

- Raising awareness of owners and users on the rehabilitation and development potential of

heritage assets using the evidence of flagship projects as good practice examples (HAR section 6)

- Provide the training of urban planners on rehabilitation and the development potential of heritage recourses at all levels of government (HAR section 9.1)

- Intensification of systematic work to promote and popularize heritage in priority using

evidence from flagship projects (HAR section 13) Finance

- Development of mechanisms to use existing funds more efficiently and to generate new funds for heritage, creating a list of priorities including flagship properties (HAR section 7)

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17.b) Entity of the Republic of Srpska

The Heritage Assessment Report (HAR) contains an overview of the main issues concerning architectural and archaeological heritage in the Republic of Srpska. It gives an overview of the general administrative system at the entity level, as well as the administrative system for management of cultural heritage, with reference to the competencies of different governmental bodies at the entity and state levels. The document maps the current policies in the field of cultural heritage but also in complementary fields: sustainable development, tourism, spatial planning and construction, nature and environmental protection. It analyses the main challenges and problems, and defines needs and possibilities for inter sectorial cooperation at various levels. The legal instruments in the field of cultural heritage protection and related fields are mapped, together with the needs to harmonize the legislation and create instruments to put heritage in sustainable use. The report shows the state of the inventory system and database on the heritage in the Republic of Srpska and the need for their improvement. The Report addresses the funding issues for cultural heritage in the Republic of Srpska and deals with different opportunities for prioritizing the existing funds and possibilities for financial support that come from the governmental, private and international funds. It deals with education of heritage professionals, the general public and the importance of awareness-raising regarding rehabilitation and sustainable use of heritage. It deals with the rights of religious authorities, rights of minorities and vulnerable groups regarding cultural heritage. It also shows the relations between cultural heritage and the Criminal Code and the situation regarding penal policies.

The Report identifies the main priorities that the Ljubljana Process II can address to improve procedures in the area of protection and management of cultural heritage. These include: improvement of the cooperation between the stakeholders that deal with rehabilitation of cultural heritage on the basis of a multidisciplinary strategy, so that programmes and projects can be successfully coordinated and jointly implemented. Also, one of the priorities will be to put the heritage sites in sustainable use, especially through implementation of the sustainable tourism strategy. One of the main priorities is establishing continuous programmes of education for heritage professionals in public and private sectors for using new methodologies and concepts but also education and awareness-raising in different administrative levels in related sectors. Also, improvements of funding mechanisms, including current distribution of funds and possibilities to generate new funds, are needed to ensure successful rehabilitation and the sustainable use of cultural heritage. Harmonization and improvements of legislation related to the protection of immovable cultural heritage are also among the priorities, as well as the completion and modernization of the existing database of the cultural heritage in the Republic of Srpska.

Based on this report, a set of actions for reaching the above goals and priorities has been identified. They should be used to guide actions, which can be monitored to measure the progress and achievements in the timeframe of the project “Ljubljana Process II: rehabilitating our common heritage” (April 2014), but also beyond, as the project should result in incorporating its methodology and principles within the heritage protection system of the entity and the country.

Below is the List of the main identified actions (linked to sections of the HAR) which are submitted to the Ljubljana Process Steering Committee for adoption, in particular those highlighted which should be subject of direct support by the Regional Cooperation Council Task Force for Culture and Society, and the Council of Europe, funded by the European Commission:

Inter sectorial cooperation

- Improvement of the cooperation of the stakeholders in rehabilitation of cultural heritage and strategic integration between the heritage, planning, nature, tourism and regional development spheres (HAR sections 1, 2, 3 and 4)

Development and implementation of strategies and proposals to improve the protection, rehabilitation and use of heritage resources

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- Adoption of the multidisciplinary strategy for the rehabilitation and sustainable use of cultural heritage as a realistic base for heritage management, in priority using flagship projects (HAR sections 1 and 2)

- Implementation of the Tourism Development Strategy to reinforce sustainable use of cultural heritage, including identification of destinations for cultural tourism (in priority, in relation to flagship projects) (HAR section 3)

- Reinforcing cooperation and involvement of all stakeholders (professionals, public, third sector) in the preservation, protection, rehabilitation and sustainable use of the cultural heritage through media and other forms of promotion including through flagship projects (HAR section 13)

Education and Training

- Establishing and introducing continuous programmes of formal and informal education for professionals in the field of cultural heritage, as well as the employees in related sectors and at different administrative levels (tourism, urban and spatial planning, environment and nature protection, construction and other relevant sectors) concerning heritage management and rehabilitation (in priority using evidence from flagship projects) (HAR section 5)

- Raise awareness and provide guidance on the wider benefits associated with rehabilitation projects and development potential of the cultural heritage (job and business creation, economic benefits from tourism, etc.), including through flagship projects (HAR sections 3, 6 and 13)

Finance

- Examining possibilities and preparing recommendations to the government regarding reassessment of the existing funds for cultural heritage and establishment of new financial mechanisms for its sustainable use (HAR section 7)

- Recommendations addressing rehabilitation priorities, using flagship projects and including partnerships with private and third sectors and international stakeholders (HAR section 7).