The Republika Srpska Government yesterday accepted Srpska’s report to the UN Security Council, which reads, among other things, that the voters in Srpska gave the current ruling coalition an unquestionable mandate to form a government thanks to views and goals based on which it was running in the general elections.
This is about the 20th report that Srpska, as a signatory to all annexes to the Dayton Peace Agreement, submits to the UN Security Council every six months, for ten years.
“This time, the submitted material is comprised of two parts. The first part contains Srpska’s 20th report to the UN Security Council, which reviews the elections in BiH and ongoing issues, while the second one, particularly worth of attention, is the special report to the UN Security Council entitled” – Subversion of Dayton system,” the Public Relations Bureau of the Srpska Government has announced.
The first part of the 20th report is about the results of recent general elections in BiH, the 8th since the signing of the Dayton Accords, with the remark that the voters in Srpska gave the current ruling coalition an unquestionable mandate to form the government on the basis of views and goals based on which it was running in the general elections, including full application of Annex 4 of the Dayton Peace Agreement – the BiH Constitution.
“The convincing victory of the coalition, in addition, must be understood as opposing the attempts of foreign interference in the BiH elections. The election of Sefik Dzaferovic as a Bosniak member of the BiH Presidency has greatly disturbed Serbs and represents a mockery of the rule of law and reconciliation since his link to war crimes committed by El Mujahid Detachment is proven,” the report says.
This document emphasizes that the election of a Croat BiH presidency member is a regretful result, which shows why it is essential that any constituent people, including Croats, be allowed to elect their own BiH presidency representative.
“Reforms are also necessary for the implementation of the European Court of Human Rights’ decision from 2009 in the Sejdic-Finci case,” the report reads.
The second part of the report emphasizes Srpska’s readiness to work with all stakeholders in BiH for a better future in terms of issues that are important for all nations, such as European integration, democratic elections in Mostar, judicial reforms, fair and equitable investigations in the prosecution of war crimes, and the fight against terrorism.
The report expresses the desire of the Srpska Government to build closer ties with all interested parties within the international community, and that Srpska particularly expects to work with the new US ambassador on building stronger relations with the United States based on the mutual respect of the Dayton Peace Agreement and international law.
Special Report – Subversion of Dayton System explicitly deals with the international treaty wisely defined by the Dayton structure of BiH, the persistent assaults it has suffered from its creation and the legal and political necessity to be implemented entirety.
“Since the voters in the Serb Government have loudly granted another mandate for full implementation of the Dayton Peace Agreement, including the BiH Constitution, it is now the right time to deal with these issues more attentively,” the document reads.
The first section of the Special Report is about the nature of the political and legal structure of the Dayton Accords, and explains that this structure is carefully conceived to reflect the reality in BiH and everything necessary for a sustainable peace.
“Through the Constitution of BiH, the Dayton Peace Agreement gave a consociational model of government in which the three constituent peoples share power. The BiH Constitution, which introduces different mechanisms for the protection of the two entities and three constituent peoples in BiH, is the result of a delicate compromise that was necessary to provide stability and democratic government,” the document says.
The second section of the Special Report is about the systemic disregard of the Dayton structure, where the USA and other Bosniak parties refuse to respect the Dayton’s structure of BiH and seek, through the illegal procedures of the international high representative, to gradually but surely transform BiH into a centralized, unitary state.
“The unlawful centralization of power in Sarajevo has led to a dysfunctional BiH, where the number of controversial decisions that need to be taken at the level of BiH is maximized,” the report says.
The third section of the Special Report explains in detail that the high representative has centralized BiH with fictitious “Bonn powers” and that there is no legal attitude for dictatorial powers with which he has imposed hundreds of laws and constitutional amendments and issued several hundred out-of-court sanctions.
The appendices to this report, among other things, read that the high representative declared 111 constitutional amendments through his decisions. There is also a list containing 249 out-of-court sanctions imposed by the OHR /some refer to several persons/, and a list of 98 appointments based on the high representative’s decision.
“The out-of-court sanctions that the high representative used as important means of coercion are a flagrant violation of international human rights conventions. By means of dictatorial powers, the high representative systematically centralized the power in Sarajevo, contrary to the Constitution of BiH,” the document reads.
In addition, it emphasizes that by the dominance in the Constitutional Court of BiH and other courts in BiH, the high representative has prevented any questioning of his actions’ legality.
“Once the damage has already been done on the Dayton structure, the same constitutional protection mechanisms that were supposed to block the centralization of BiH now enable the Bosniaks to block the retrieval of the Dayton structure,” the document says.
The fourth section reads that some states, years after the high representative lost political power to rule through decisions, try to get involved in BiH’s internal affairs, even the elections.
“For example, the US has provided more than $ 100 million to the media without transparency in BiH, and these funds, as the US government admits, are intended to influence local politics and elections,” the document says.
The fifth section of the special report reads about the authorities at the BiH level having poor results and engaging in illegal actions, and that overspending, abuse and inefficiency are present in the new BiH agencies imposed by the high representative.
“The Prosecutor’s Office of Bosnia and Herzegovina, the high representative’s baby, serves as a political weapon against the SDA opponents and protects the politicians from its ranks against war crimes investigations. Meanwhile, the high representative’s judicial institutions at the BiH level discriminate war crimes victims of Serb ethnic background in accordance with the established pattern. The BiH Agency for Statistics, under the threat of a lawsuit, has adopted a unique data processing programme for a population census that favors Bosniaks, contrary to the Population Census Law,” the report reads.
The sixth section of the Special Report is about the arguments supporting the necessity of reforming the Constitutional Court of BiH and the judicial institutions at the BiH level, and also cites that the presence of international judges in the Constitutional Court is incompatible with the sovereignty of BiH and democracy.
“The court is suffering from a large deficit of legitimacy due to international judges and its political nature. All Serb and Croat leaders in BiH support the abolition of international judge’s positions in the Constitutional Court of BiH, but the SDA is blocking the necessary reform. It is necessary to reform the judicial institutions at the BiH level, too, such as the Court of BiH, which has been confirmed by EU experts,” this section of the report states.
The seventh section of the Special Report shows that the centralization and dominance of the SDA undermines the security and stability of BiH, and that the policies and procedures of this party, during and after the war, made BiH a haven for jihadists.
“In addition, the leaders of the SDA and other Bosniak parties respond to political disagreements with violent threats. The SDA often attacks the legitimacy of Srpska, as it did when it tried to prevent the marking of Republika Srpska Day. This party obstructs the execution of key decisions of the Constitutional Court of BiH and the European Court of Human Rights when it comes to the elections. Moreover, by provocative move and flagrant violation of the Constitution, the SDA leader /Bakir Izetbegovic/ tried to unilaterally renew the BiH lawsuit against Serbia,” the report cites.
The eighth section of the Special Report explains why Srpska has the right to express its position on NATO membership and, potentially, hold a referendum on the subject, while the ninth section stateS that Srspka is committed to the implementation of the Dayton Peace Agreement via legitimate political and legal instruments.
“Srpska has no secession plans, but insists on the full implementation of the Dayton political structure. EU officials often emphasize that the decentralized structure of BiH does not represent an obstacle to EU membership. Srpska will continue to advocate the necessary reforms through political dialogue, but has the right to rectify material damage to the Dayton Peace Agreement,” the report says.
The statement cites that the Dayton Constitution defines the structure of a viable political system in social structure with three cohesive and distinctive peoples, and that attacks on such structure, unfortunately, have resulted in endemic dysfunction, frequent political crises and the domination of an ethnic group.
“The Government of Srpska is committed to the success of BiH, with the full and constant implementation of the Dayton Constitution,” the statement reads.