Serb member and Chairwoman of the BiH Presidency Željka Cvijanović pointed out that the result of many decrees that Christian Scmidt lawlessly imposed since he came to BiH is not a “more cohesive BiH,” but a deeply polarized society that hardly can survive with foreign meddling of that nature and intensity.
“Therefore, condemning the actions of the Republika Srpska without first addressing Schmitt’s unlawful interventions is not only wrong, but also biased, with dangerous implications,” Cvijanović pointed out in her address during the UN Security Council session as part of the semi-annual debate on the situation in BiH.
SRNA publishes the address of the Serb member and Chairwoman of the BiH Presidency in its entirety:
Mr. President, honorable members of the Council,
I thank you for the opportunity to address you at this crucial moment, not only for BiH, but also for the credibility of the international system on which we all rely.
Although I currently chair the three-member BiH Presidency, I address you today in my constitutionally defined capacity as the Serb member of the Presidency. I was elected to this position by the citizens of Republika Srpska, one of the two constituent entities that make up BiH.
The Dayton Agreement was not a perfect solution, but it was a bold diplomatic act that established a balance between three peoples and two entities within one state. The agreement was – and still is – a legally binding international treaty, inscribed in the annals of this council.
IRRESPONSIBLE INTERFERENCE OF FOREIGN FACTORS DISTURBED THE BALANCE
Its Annex Four is our Constitution, and Annex Ten defines the mandate of the High Representative. The agreement established a decentralized system based on consensus, precisely with the aim of not allowing any one party – domestic or international – to dominate the others.
However, today we are witnessing a disruption of that balance due to the irresponsible interference of foreign factors, both in the form of the actions of various high-ranking representatives, and in the form of the actions of foreign judges in the Constitutional Court of BiH.
Let me start where Dayton itself begins: with the rule of law. Annex Ten clearly states that the High Representative must be approved by the United Nations Security Council. That never happened in the case of Christian Schmidt. He was chosen by the self-proclaimed Peace Implementation Council – an informal ensemble with no charter, no basis in any international treaty, no legal basis, and no authority to override this council.
Schmidt is acting on the basis of the so-called “Bonn powers,” which are not contained in any legally binding international instrument. Some argue that it is sufficient that the PIC “informed” the Council of its choice, and that confirmation is not necessary. However, if a vote in the Council were considered unnecessary, Annex Ten would never have required it.
Annex Ten also clearly defines the mandate of the High Representative. The Dayton Agreement did not give the High Representative the authority to pass laws, suspend constitutions, prosecute elected officials and political parties, or rule by decree.
Yet, that is exactly what Christian Schmidt is doing, and what some of his predecessors have done countless times. And therein lies the crux of the ongoing crisis in BiH, the culmination of which we are witnessing today.
NO LEGAL REGULATION CAN SURVIVE IF THE INTERPRETERS OF THE REGULATIONS EXCLUDE THEMSELVES FROM THEIR APPLICATION
Everything that arose from that irregularity – the absence of UN Security Council confirmation and the illegal excesses of the mandate established by Annex Ten – it is defective in the same way. No legal system – domestic or international – can survive if the interpreters of the regulations exclude themselves from their application.
Allow me to briefly list just a few of the many decrees that Schmidt has illegally imposed since he set foot in BiH:
1. He unilaterally suspended the Constitution of the Federation of BiH in order to impose a government of his own choosing, ignoring the election results.
2. He amended the Election Law, bypassing democratic parliamentary procedures.
3. He extended the mandate of the Central Election Commission without proceeding before the competent legislative body.
4. He amended the Criminal Code with the aim of criminalizing disobeying decrees that he personally issued. This move is primarily aimed at removing from political life the democratically elected President of Republika Srpska for fulfilling his constitutional obligation and promulgating laws adopted by the National Assembly of Republika Srpska, as well as at intimidating any officials who would dare to question his illegitimate authority.
5. He suspended funding from the budget of democratically elected political parties in Republika Srpska, thereby nullifying the political will of the vast majority of its voters.
ESTABLISHED SYSTEM OF REPRESSION
Honorable members of the Council,
None of this is provided for in the Dayton Agreement, is not appropriate for democracy, and certainly is not the rule of law. This is a dictatorship – rule by decree, devoid of any review by judicial institutions, without the right to legal remedy. What began as a mere overstepping of the mandate has grown into an established system of repression.
Any such action was justified by the need for “Functionality”. However, the result is not a more “cohesive” BiH, but a deeply polarized society that can hardly survive with foreign interference of such a nature and intensity.
When Republika Srpska protests because this kind of violations, it is baselessly accused of separatism. However, insisting on adhering to the international agreement is not separatism.
Contrary to certain narratives, Republika Srpska is not undermining the Dayton Agreement – it is defending it. With our demands, we are not dismantling BiH, but rather restoring the legality and balance originally established by the Dayton framework.
For that reason, the National Assembly of Republika Srpska adopted the laws to protect its rights established by the Dayton framework. These measures are not a provocation, but a legal response to consistent violation of international law.
SRPSKA COMMITTED TO SOVEREIGNTY AND TERRITORIAL INTEGRITY AS DEFINED BY DAYTON
Republika Srpska did not cause the current crisis, nor the crisis is in its interest. It is the consequence of Schmidt’s most expansive and authoritarian display of power, accompanied by the unlawful imposition of numerous decrees.
Therefore, condemning the actions of Republika Srpska without first addressing Schmitt’s unlawful interventions is not only wrong, but also biased, with dangerous implications.
Let me make our position clear:
1. We remain fully committed to the sovereignty and territorial integrity of BiH, as defined by the Dayton Agreement.
2. Regarding the mandate of the High Representative, we advocate a return to the legal basis of Annex 10 and the preparation for the closure of the OHR.
3. We reject unilateral decisions that rewrite the peace agreement, criminalize political debate, persecute political dissent through instrumentalized justice, discriminate against political parties, and circumvent the will of the voters.
LEGAL RESET NEEDED IN BIH; SECURITY COUNCIL TO URGENTLY TAKE NECESSARY STEPS
A legal reset in BiH is a logical next step if we want to prevent escalation and future crises.
Therefore, with all due respect, I urge this Council to take several urgent steps:
1. Schedule a formal vote on the confirmation of Christian Schmidt. If he cannot pass the vote, let us find another candidate who can and who will be appointed in accordance with Annex 10.
2. Establish an independent legal review, under Security Council auspices, of the conformity of the so-called “Bonn powers” with Annex Ten and the UN Charter.
3. Encourage all BiH stakeholders to engage in a dialogue aimed at preventing further crises and revitalizing functional governance.
We are ready to participate in this process constructively, transparently and in good faith.
Mr. President, members of the Council, the Dayton Agreement ended a devastating war and laid the foundation of our constitutional order, and it deserves respect, and not abuse and violation of the procedures it provides.
We need to jointly ensure that the future of Bosnia is not written by decrees, but by law.
Finally, although in a critical tone, allow me to clarify one issue. As a member of the Presidency of BiH, I am forced to address your missions directly due to the obstruction of the Ministry of Foreign Affairs in the Council of Ministers. This Ministry selectively restricts my diplomatic correspondence, while allowing my Bosniak colleague unhindered access to diplomatic channels.
This bias is present even in the Permanent Mission of BiH to the United Nations.
Such actions best illustrate the reality of the state they are asking us to accept – a system in which power is centralized, constitutional rights are denied, and even basic communication is used as a political instrument.
Source: srna.rs
