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The Ministry of Civil Affairs of Bosnia and Herzegovina submitted a proposal to the Council of Ministers of Bosnia and Herzegovina to ensure the continued functioning of the National and University Library of Bosnia and Herzegovina (NUBBiH)

11/09/2024

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The Minister of Civil Affairs of Bosnia and Herzegovina, Dubravka Bošnjak, held a working meeting on Tuesday, 10 September 2024, with Aldin Huskić, the president of the NUBBiH Employees' Council. The president informed the minister about the current situation in the institution, following the retirement of Mr. Ovčina, who had served as its director. Minister Bošnjak expressed full support for the work of NUBBiH and voiced hope that the relevant institutions would take all necessary steps to resolve the situation NUBBiH is facing. She also hopes that the Council of Ministers will consider and approve the proposals submitted by the Ministry of Civil Affairs of Bosnia and Herzegovina during their next session, allowing NUBBiH to resume normal operations.

The Ministry has urgently forwarded a report on the status of the Public Institution NUBBiH to the Council of Ministers, along with conclusions granting approval to the Federation Government to appoint management structures at NUBBiH for a period not exceeding 12 months, in accordance with its authority over cultural institutions and public entities in the Federation of Bosnia and Herzegovina.

In May of this year, the Ministry of Civil Affairs submitted an initiative to the Office of the Chairwoman of the Council of Ministers, the offices of her deputies, the Ministry of Justice, and the Ministry of Finance and Treasury of Bosnia and Herzegovina, with the aim of resolving the legal and financial status of institutions of science and culture whose statuses remain unresolved.

It is expected that an expert working group will prepare a proposal that will finally be accepted and systematically address the challenges faced by these institutions. However, for the working group to begin concrete work and propose solutions, it is necessary for the Deputy Chairperson's Office to appoint its representative. The Ministry has also sent an additional request to ensure this requirement is met.

According to the rules set by the NUBBiH's Governing Board, the Federal Ministry of Education, Science, Culture, and Sports is responsible for overseeing the legality of NUBBiH's operations.

The Governing Board, consisting of seven members, was previously appointed by the decision of the federal minister of education, science, culture, and sports.

In the past, the Ministry of Civil Affairs initiated several activities that, unfortunately, were halted or did not receive support from the competent authorities. The activity related to appointing acting members of the management and supervisory boards in cultural institutions with unresolved legal status was a subject of review by the Complaints Office of the Council of Ministers, which annulled the Ministry’s decisions regarding these appointments. This decision was later confirmed by the Court of Bosnia and Herzegovina.

Unfortunately, in light of previous decisions and rulings by judicial authorities, re-proposing court-contested solutions would further complicate the current situation. However, as we have already mentioned, we have submitted a report with a proposed solution that aligns with the current circumstances and the competencies of the decision-making institutions, in the hope that the conclusions will be accepted.

The Ministry of Civil Affairs of Bosnia and Herzegovina, along with Minister Bošnjak, provides full support to NUBBiH and hopes that the Council of Ministers will respond positively to the initiatives. Every legislative and other proposal prepared by the Ministry have to be approved by the Council of Ministers of Bosnia and Herzegovina, as well as by the Parliamentary Assembly of Bosnia and Herzegovina, which has the authority to decide on these matters.

According to the opinion of the Ministry of Justice of Bosnia and Herzegovina from 2015, the original competencies of Bosnia and Herzegovina are defined by Article 3 of the Constitution, which specifies that all governmental functions and authorities not explicitly assigned to Bosnia and Herzegovina belong to the entities, including in the field of culture.

The opinion also states that the Parliamentary Assembly is the only genuinely and originally competent institution that can assume the founding rights of cultural institutions of national significance. Only after this can the process of appointing members of management structures by authorized bodies begin.

The Ministry of Civil Affairs is aware that this situation presents a serious challenge for our institutions and academic community. These institutions of science and culture are guardians of knowledge and cultural heritage, and the continuation of their work is of vital importance to everyone in Bosnia and Herzegovina.

It should be noted that the Ministry of Civil Affairs, in accordance with its competencies within the special-purpose programme, annually allocates a current grant from the Council of Ministers to support cultural institutions, registered non-profit organizations, associations, as well as projects, programmes, and individuals engaged in the field of culture.

The distribution of funds to NUBBiH has also been carried out by decisions of the Council of Ministers.

This is the only legal option available for the Ministry of Civil Affairs to support any cultural institution, including NUBBiH.