Brčko intellectuals warn: Annul the purchase of the disputed building and ban the RS Government from exercising public authority in the District

(Patria) - The situation regarding the building called "Srpska kuća" in Brčko District is escalating. A group of signatories gathered in the Initiative Committee for the formation of the Forum of Intellectuals of Brčko District has publicly reacted due to "attempts by the RS to expand its jurisdiction to the territory of the District".

The reason for the statement is the request from the RS Government to the Government of Brčko District for consent to establish a working unit of the RS Government's Hospitality Service, which would provide services for the needs of the entity government in Brčko, in the building that the RS purchased and named "Srpska kuća".

In that building, as the signatories claim, entity institutions are already located, including the Pension and Disability Insurance Fund of the RS, the Tax Administration of the RS, and the Ministry of Administration and Local Self-Government of the RS.

The statement states that such actions are contrary to the Final Arbitral Award for Brčko, according to which the entities have permanently transferred all their authorities to the District institutions.

The authors of the letter state that entities cannot exercise public authority in the Brčko District area, except for those explicitly entrusted to them by the 2000 Statute of the District.

They also emphasize that no entity can be assigned management functions that are not foreseen by that statutory framework.

In their assessment, these moves continue the "planned, gradual, and sophisticated process of entitization of Brčko District", with the ultimate goal of creating space for the eventual division of the District between the entities within a broader political project of confederation of the state.

In this context, they warn that such a development could have long-term consequences for the territorial integrity of Bosnia and Herzegovina.

They demand that the pro-Bosnian political representatives in the Government and Assembly of Brčko District ask the Supervisor for Brčko for an urgent review of the procedure for purchasing the disputed building, as well as the legal basis for housing RS government bodies in that facility.

If irregularities are found, they demand the annulment of the purchase, a ban on the RS exercising public authority in the District, and the deletion of the RS's ownership registration for that property.

If the Supervisor does not react within a reasonable time, the signatories announce an appeal to the Peace Implementation Council and the Arbitration Tribunal, with the explanation that the ownership registration and the exercise of public authority violate both the Final Arbitral Award and the Statute of Brčko District.

They particularly insist that representatives in the District government do not, "under any circumstances", give consent for the establishment of a working unit of the RS Government's Hospitality Service, referring to Article 1, Paragraph 3 of the District Statute.

Otherwise, they state that any form of consent, including passively allowing such a decision to be voted on, will be considered complicity in violating the arbitral award.

The statement further expresses doubt about the work of the Supervisor for Brčko, demanding that he publicly state whether any inaction is related to the lobbying activities of the RS Government in the USA and possible changes in the attitudes of international actors towards the Dayton Peace Agreement and the Final Arbitral Award.

The authors of the letter also criticize the lack of reaction from state institutions in Sarajevo, emphasizing that Brčko District is under the sovereignty of Bosnia and Herzegovina and has been neglected for years despite warnings.

They also remind that the District was established as a model of a multi-ethnic and sustainable state, and warn that any changes to its status could result from violations of the Final Arbitral Award.

They emphasize that the RS is a signatory to the Dayton Peace Agreement and the Annex concerning the inter-entity boundary line in the Brčko area, and that it has given its consent to the arbitration procedure.

They remind that the decisions of the Arbitration Tribunal are final and binding, and that they cannot be changed by the Assembly of Brčko District, the Government of the District, the Mayor, nor the Supervisor, who, as they state, is obliged to supervise their implementation.

The statement also presents the position that by purchasing and registering the disputed building and exercising public authority in that facility, the RS has violated the Dayton Peace Agreement and the Final Arbitral Award for Brčko, with a warning that any such violation could result in a review of the status of Brčko District before the Arbitration Tribunal.



The statement was signed by members of the Initiative Committee for the formation of the Forum of Intellectuals of Brčko District: Osman Mulahalilović, Enes Pašalić, Mustafa Sinanagić, Ćazim Suljević, Hajrudin Omerović, Kenad Bajrić, and Enes Fazlović.