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Bosnia’s way forward

Here are the remarks I prepared for the conference at SAIS today and tomorrow on Twenty Years after Dayton: Prospects for Progress in Reforms in Bosnia and Herzegovina:

1. I want first to thank my colleagues at the Center for Transatlantic Relations here at SAIS—Sasha Toperich and Dan Hamilton—for entrusting me with a privileged place on the program and the most difficult question to answer.
2. This I suspect is my “reward” for twenty years of thinking I really did know the way forward but then proving beyond any doubt that I was unable to find it.
3. Before and at Dayton, I thought the way forward involved ensuring that the Federation, which Dick Holbrooke had entrusted to my care in October 1994, could govern effectively.
4. At the fifth anniversary in 2000, I thought it lay in applying the European Convention on Human Rights, which had been incorporated into the Dayton constitution.
5. By the time of the 10th anniversary in 2005, I was sure it lay in revising that constitution, an effort pursued by Don Hays, Paul Williams and Bruce Hitchner under my aegis at the US Institute of Peace.
6. They helped the Bosnians produce what became known as the “April package” of constitutional amendments that failed in parliament by two votes in 2006.
7. I don’t remember what I was thinking in 2010 at the 15th anniversary, when I was busy moving from USIP to SAIS.
8. None of my previous impulses have succeeded, so this time around I’m going to offer you three different directions for a way forward in Bosnia. I do hope one of them pans out, but hope is not a policy. I’ll try also, at the end, to enunciate a policy, after considering three additional propositions that are not ways forward.
9. The first way forward is that old standby: constitutional change. A constitution distributes power. In Bosnia it distributes power in ways that enable ethnic nationalists to control the country and exploit their position for personal rather than societal gain.
10. We imposed the Dayton accords, but we imposed what the ethnic nationalist warring parties told us they could live with.
11. It is therefore unsurprising that one way or another, ethnic nationalists have dominated Bosnia almost continuously, making it ungovernable, since 1995.
12. Kresimir Zubak, then President of the Federation, gave me my first lesson in ethnic nationalism during the war. Serwer, he said, one man one vote will never work in Bosnia.
13. Though by far not the most extreme of ethnic nationalists, Zubak was still determined to prevent Croats from being “outvoted,” something he regarded as anti-democratic.
14. There is nothing I might wish for more than recognition and protection of equal individual rights in Bosnia today so that people could be outvoted without feeling bereft of their identity, but even the application of equal individual rights to the Sejdic Finci case has been a bridge too far for Zubak’s successors.
15. I have to conclude that constitutional change is not looking promising, even though it is the most direct and compelling route forward. The failure in 2006 and the more dismal failure at Butmir in 2010 have poisoned the well.
16. The second way forward is what the Europeans are calling reform. There is a nice thick document written by non-Bosnians that you can read to see what that means: reducing the public sector, improving the investment climate and making the labor market more flexible would be my summary.
17. The Bosnian political leadership has pledged the political will to get on with it. Combined with conditionality from the EU, the World Bank and IMF, I hope it works, though I hasten to add that it is likely to make things worse for many Bosnians before it makes them better.
18. Moreover, politicians have been relentlessly clever in blunting European pressure for reform and converting it into new opportunities for expropriation of state assets and opportunities for individual and party enrichment, as carefully documented in a paper written by Srdjan Blagovcanin and Boris Divjak published earlier this year by CTR.
19. I therefore regrettably doubt the European reform program as much as I doubt the prospects for constitutional change.
20. The third possible way forward is for the Bosnian people to demand change, along the lines of what has happened recently in Romania.
21. That is what appeared to be happening in the aftermath of the 2014 floods, but the plenums produced little in the way of serious political pressure for change and generated significant nostalgia for a more state-administered economy. I wouldn’t count that as the way forward.
22. If my three ways forward won’t work, that doesn’t mean someone else’s ideas won’t.
23. Some Croats want a third entity, claiming that would re-establish equality and enable them to participate more fully in the Bosnian state.
24. I don’t buy that. At Dayton the Croats got a very good deal: one-third of the state and one-half of the Federation.
25. That was when they were in the driver’s seat, providing the military force that enabled the Federation offensive to succeed in the summer of 1995 and controlling the flow of weapons and everything else from the Adriatic into central Bosnia.
26. Croats are now a smaller percentage of the population than they were before the war, they have lost their wartime stranglehold and military prowess counts for little within the region.
27. The third entity idea is hard to kill, but it is going nowhere.
28. Milorad Dodik also has a proposition: detaching his Republika Srpska from the judicial system of Bosnia and Herzegovina, with the clear intention of preventing any prosecution of himself or his sidekicks and laying the basis for eventual secession, or if that is not possible a kind of complete autonomy like that of Taiwan. Read more