Press statement | 27.05.2022

Recommendation to Canton 10 Prime Minister and Minister of Agriculture, Water Management and Forestry of Canton 10 Government – comply with FBiH Hunting Act

On 1 December 2021, complainant N.J. approached the Institution of Human Rights Ombudsman of Bosnia and Herzegovina as the President of Hunting Association Srndać concerning the illegal granting of the temporary use permit for the hunting grounds Bunarić and Mliništa-Paripovac in Glamoč Municipality, issued by the Ministry of Agriculture, Water Management and Forestry of the Canton 10 Government.

The complainant enclosed document no. 08-1-22/8-2023/21 M.B. dated 1 November 2021 issued by the FBiH Ministry of Agriculture, Water Management and Forestry to the Canton 10 Government and Canton 10 Ministry of Agriculture, Water Management and Forestry, requesting that the documents related to the temporary use of the hunting grounds be quashed.

Following the investigation procedure, the respondent party stated its position in document no. 08-04-22-543/21 dated 10 December 2021, reading, inter alia, as follows:
“... Article 8 paragraph 2 of the Concessions Act (The Official Gazette of Herzeg-Bosnia Canton, no. 14/03 and 8/08) stipulates that in cases when the Herzeg-Bosnia Canton Government decides to grant a concession for a publicly owned property and the property is entirely or predominantly located in the territory of one municipality, i.e. when the consequences of granting the concession mainly concern this municipality, the decision to initiate a concession award procedure shall be made by the Canton Government at the proposal of the line Minister and with the prior consent granted by the local Municipal Council or the body designated by the Council in whose area of responsibility the conscession is granted ... . We definitely note that Hunting Association Srndać Glamoč is to address Glamoč municipality to resolve this issue, as the latter would allow them to take part in the public call and thus manage the hunting grounds concerned only by granting the consent to use hunting grounds in the territory of Glamoč municipality,“.

Following the investigation actions taken, IHROBiH concludes that the Canton 10 Government and the Canton 10 Ministry of Agriculture, Water Management and Forestry indisputably granted temporary use of the hunting grounds Bunarić and Mliništa-Paripovac without announcing a public call and conducting the relevant procedure, and that the actions of the cantonal bodies in this particular case were contrary to the FBiH Hunting Act, i.e. Art. 36 and 43 governing the award of commercial hunting grounds for use and temporary use.

Competent cantonal bodies granted temporary use of the commercial hunting grounds Bunarić and Mliništa-Paripovac for the 2020/2021 hunting season to the companies Jelena LLC Glamoč, and Gumakomerc LLC Posušje, which is contrary to the FBiH Hunting Act, which refers specifically to the already mentioned cession of commercial hunting grounds for temporary use without having conducted the statutory procedure.

It is indisputable that based on Conclusion no: 01-02-73-1 / 21 dated 15 April 2021 of the Canton 10 Government, the Canton 10 Ministry of Agriculture, Water Management and Forestry extended to the 2021/2022 hunting season the validity of the existing contracts for temporary use of the commercial hunting grounds Bunarić and Mliništa-Paripovac by means of annexes.

IHROBiH finds that pursuant to the said legal provisions a hunting ground may be given for temporary use without a public call procedure only if it could not be ceded following the procedure provided for by Article 36 of the FBiH Hunting Act. This means launching a public call for awarding a concession for a hunting ground and implementing a tender procedure in accordance with the requirements, criteria and procedures for awarding concessions for commercial hunting grounds stipulated by the Canton Government.

The fact is that the competent cantonal authorities granted the said hunting grounds for temporary use for two successive years. The Hunting Act does not allow for the possibility that a commercial hunting ground is granted for temporary use for more than a year.

Given that in the course of the investigation IHROBiH found the complainants’ rights were violated, it sent Recommendation no. P-15/22 to the Canton 10 Prime Minister and Canton 10 Minister of Agriculture, Water Management and Forestry on 10 January 2022, reading as follows:

1. to urgently take adequate measures and actions to harmonise the award of the commercial hunting grounds Bunarić and Mliništa-Paripovac with the FBiH Hunting Act and the conclusions from this Recommendation.

2. to inform IHROBiH of how this Recommendation is implemented within 30 days from the day it is received.

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