This is the Bosnia we should support
I have added my name to this appeal, published today:
We are writing to you on behalf of the friends of Bosnia and Herzegovina who have gathered on 10 January 2022 in Brussels, London, Ottawa, Toronto, Geneva, Oslo, Rome, Stockholm, Gothenburg, Vienna, Sarajevo and many other cities all around the world to express our utmost concern about the current political and security crisis in Bosnia and Herzegovina.
In October 2021 the ruling coalition in the Bosnian and Herzegovinian entity of Republika Srpska (RS) adopted a plan to create what it called “an independent RS within the Dayton Bosnia and Herzegovina.” A seven-page long document laid out concrete steps for unilateral, illegal and unconstitutional takeover of state-level competences in fiscal, judicial, defence, security and many other areas. This plan is available in public and among other points, foresees use of force against any state-level institution that would try to defend the constitutional order of Bosnia and Herzegovina.
The implementation of the plan will cause collapse of the constitutional and institutional architecture of Bosnia and Herzegovina. It will result in terrible political, economic and security consequences. With several concrete steps already taken, the ruling coalition in the RS has made it clear that it intends to implement its plan.
On 10 December 2021 the RS Assembly adopted four conclusions on the so-called “transfer of authorities” and one so-called “declaration on constitutional principles” by which the RS legislative body has de facto and de jure decided to remove this entity from the state constitutional and legal system of Bosnia and Herzegovina in the sectors of judiciary, defense and security and indirect taxation. Moreover, the RS assembly has tasked and empowered the RS government to draft new entity laws on: the RS army, RS intelligence service, RS indirect taxation system and RS high judicial and prosecutor council as well as more than 130 other laws and necessary regulations in various sectors by which RS will abolish and replace the respected state laws and regulation with entity ones.
As neither the state or RS entity constitution, nor state or entity laws allow any possibility for the entity institutions to issue legally valid decisions or laws on matters which are already imposed and regulated by state constitution or laws, the above-mentioned actions and decisions of RS assembly from 10 December 2021 are an illegal usurpation of state power and a criminal act against state constitutional and legal order.
By October 2021 the RS adopted and published in Official Gazette the unconstitutional entity law, which abolished the validation of the state-level law prohibiting genocide denial in the scope of RS. On 28 December 2021, another unconstitutional law was published in the Official Gazette. This Law on the RS Agency for medicinal products and devices could, as the European Commission noted in its recent letter to the RS authorities, lead to a collapse of the medicinal market and deprive citizens of basic medicine.
This crisis in Bosnia and Herzegovina has nothing to do with inter-ethnic relations; it is an artificial crisis provoked by corrupt nationalists and their partners. They do not have the support of the opposition in the RS Assembly, nor of the majority of the citizens of Bosnia and Herzegovina, including those living in the RS.
The country has now been drawn into a political crisis that threatens peace and a meaningful, robust and coordinated response by the High Representative of the International Community, Christian Schmidt himself, United Nations, United States, the European Union and its NATO allies is required.
A lack of such response so far has only served to embolden Mr. Dodik’s and his ruling coalition’s ambitions. Particularly worrying are statements by government officials in Serbia, who have expressed their support for the plan of ruling coalition in RS. Alongside this, the RS secessionists enjoy the bolstering support of Russia, China and even some EU member states such as Hungary whose open nationalism, xenophobia and anti-Muslim sentiment is very much rampant.
Instead of pushing back, some in international community are only encouraging Mr. Dodik’s aspirations for secession and desire to undermine and eventually destroy Bosnia and Herzegovina as a sovereign state. However, there are very serious reasons why Bosnia and Herzegovina needs not only to be preserved as a sovereign state but also further strengthened.
Bosnia and Herzegovina is a specific cultural entity that has existed for more than 1000 years, where citizens of different ethnic origins and religious traditions have lived together for centuries.
Even today, despite the war in the 1990s, a large number of citizens accept the existence and legitimacy of the state of Bosnia and Herzegovina. The 2019 European Values Study showed that 74 per cent of the population is proud of having Bosnian and Herzegovinian citizenship. This sentiment is the strongest in the Brcko District (88 per cent), while in RS 66 percent share this view.
Neither the peace agreement nor the constitution provide for the right of secession. It would be a disastrous historic precedent if the ‘entity’ whose political and military leaders (as well as its army and police) have been convicted for severe war crimes and genocide, with over one million people expelled, were ‘granted’ independence.
In the past 26 years, the EU and its Member States, the USA and other countries of the world, and many international organizations have invested a lot of political, diplomatic, human and financial resources in effort in maintaining peace and rebuilding the country. Bosnia and Herzegovina’s citizens, Croats, Bosniaks, Serbs, Jews, Romas, and all those Bosnians who do not identify themselves with a specific ethnic group, want to live in peace and harmony, nurtured by democracy.
On 10 January 2022, Bosnians and Herzegovinians of all ethnicities and religions, atheists and agnostics, together with their friends from all around the world will gather in Brussels, Geneva, London, Vienna, Oslo, Ottawa, Toronto, Rome, Stockholm, Sarajevo and many other cities across the world to stand for united Bosnia and Herzegovina, for its pluralism, coexistence and preservation and to issue following demands to the High Representative of the International Community, Christian Schmidt, as well as to the European Commission and the governments of the United States, United Kingdom, European Union Member States and NATO allies:
- The plan adopted and currently implemented by the ruling coalition in the Bosnian and Herzegovinian entity of Republika Srpska should be recognised as an attack on the long-lasting peace, constitutional order, sovereignty, territorial integrity and 30-year independence of Bosnia and Herzegovina and as a threat to peace, stability and security in the Western Balkans and Europe.
- A meaningful, robust and coordinated response should be developed and implemented as a matter of priority with a primary focus on deterring the local forces of destabilization and foreign mentors, and then focusing on constructive and reformative approaches. This response should include a mix of interventions, starting with sanctions and strengthening of the NATO/EUFOR military presence as a clear political signal.
- Support domestic institutions in their response to the attack on the constitutional order of Bosnia and Herzegovina. Foremost, by providing full support to the Constitutional Court of Bosnia and Herzegovina to review the two laws already passed, and all other that might be passed by the RS Assembly. Furthermore, by providing political and technical support for the state-level judiciary to investigate the attack on the constitutional order of Bosnia and Herzegovina.
- Recent statements and activities by high-ranking officials of the government of Republic of Serbia are violating the principle of good neighbourly relations, which are at the heart of the EU accession talks and a violation of the Stabilisation and Association Agreement between the EU and Serbia. EU Member States should consider suspension of accession talks with Serbia unless its government changes its position towards Bosnia and Herzegovina, including that related to the 1990’s war crimes and genocide.
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