Čović's Minister Stays Silent: Any Similarity Between Croatian Self-Administration and Dodik's Referendum is (Not) Accidental

Why is the BiH Minister of Defence Marina Pendeš silent, even though she is aware that members of the Armed Forces of BiH participated in the unconstitutional referendum in the Republic of Srpska on Sunday, September 25, as evidenced by footage in the news broadcast on N1 television.

The President of the Joint Commission for Defence and Security of the BiH Parliament, Sifet Podžić, stated that this commission will consider this issue on October 6 and will take steps if the BiH Ministry of Defence and the Chief Inspector do not. The Patria News Agency reports.

The Public Relations Office informed us that Minister Pendeš will not comment on this case, which undermines the constitutional order of the country.

If disciplinary proceedings have always been initiated ex officio against members of the BiH Armed Forces based on media or social media publications, why is it not a sufficient reason for Minister Pendeš or Chief Inspector Brigadier General Enes Husejnović to take action this time, given that video footage clearly shows members of the BiH Armed Forces in uniform at polling stations, thereby directly attacking the constitutional order of this country, which is a criminal offense.

The referendum organized in RS, despite warnings from the Constitutional Court of BiH, Brussels, and Washington that it was an anti-Dayton act and an unconstitutional move, is in many ways reminiscent of the Croatian self-administration declared in 2001.

Fifteen years ago, the Croatian National Assembly unanimously decided to declare temporary self-administration in predominantly Croatian areas in BiH. Then, as now, through the unconstitutional referendum in RS, the goal was to achieve "equal rights for peoples" (whatever that may mean).

Had it not been for the reaction of the international community, which literally "with SFOR tanks" extinguished the rebellion and halted Croatian self-administration, a referendum on the question "Are you for a third entity or for the cantonization of BiH?" should have followed very soon.

We remind Minister Pendeš that in 2001, members of the Army of FBiH of Croatian nationality who joined the self-administration occupied certain barracks and seized weapons. In addition to the political rebellion, there was also a military rebellion in the Federation of BiH that year.

The idea of Croatian self-administration has been revived today more than ever in the past 15 years and is continuously present in all statements by HDZ BiH leader Dragan Čović, as well as in the Declaration of the HNS adopted last year.

In the conclusions of the HNS adopted on March 3, 2001, it is stated, among other things:

"The Croatian National Assembly cannot accept that the Referendum of the Croatian people in BiH, as an expression of the democratic will of the Croatian people, can be a cause for undemocratic punishment in the name of democracy."

Any similarity to the unconstitutional referendum in RS and the statements of RS President Milorad Dodik is accidental.

The Constitution and Laws are Clear

Article 5 of the BiH Law on Defence clearly stipulates that "Armed Forces cannot be used for political purposes or for the activities of political parties."

Article 15 of the Law on Service in the Armed Forces of BiH defines that a military person has the rights and duties to "protect the sovereignty and territorial integrity of BiH in accordance with the BiH Constitution and international law." A military person is obliged to comply with the BiH Law on Defence, directives, regulations, orders of the Minister of Defence, Security Policy, and Defence Policy of BiH.

Persons in service in the Armed Forces can be held criminally and disciplinarily liable, and one proceeding does not exclude the other. The Criminal Code of BiH, in Chapter 16, defines criminal offenses against the integrity of Bosnia and Herzegovina, including the undermining of the constitutional order, for which a prison sentence of up to five years is prescribed.

The BiH Prosecutor's Office can, ex officio, in accordance with the BiH Law on Criminal Procedure, initiate an investigation in the case of members of the BiH Armed Forces participating in voting in an unconstitutional referendum, regardless of the investigation that the BiH Ministry of Defence will initiate.

Trial of Ante Jelavić

In 2001, the trial against the former president of HDZ BiH and member of the Presidency of BiH, Ante Jelavić, began at the Court of BiH, for undermining the constitutional order and attempting to undermine defence capabilities. In addition to Jelavić, six other high-ranking officials of HDZ BiH were indicted for Croatian self-administration, but charges against them were later dropped.

Footage showing members of the BiH Armed Forces voting, 24 seconds and 2.36 minutes.