Cvijanović at UN Security Council slams Schmidt, demands confirmation or new candidate for High Representative

(Patria) - Chairperson of the BiH Presidency Željka Cvijanović stated today, addressing the UN Security Council session in New York, "that a dictatorship is in effect in Bosnia and Herzegovina".

She demanded that the Council urgently schedule a vote on the confirmation of Christian Schmidt or find another candidate for High Representative.

You can read Željka Cvijanović's full address below.

"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, today I address you 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 the three peoples and two entities within one state.

That agreement was – and remains today – a legally binding international treaty, entered into the annals of this Council. Its Annex 4 is our Constitution, and Annex 10 defines the mandate of the High Representative.

The Agreement established a decentralized system based on consensus, precisely to prevent any party – domestic or international – from dominating the others.

However, today we are witnessing a disruption of that balance due to the irresponsible interference of foreign factors, both in the actions of various High Representatives and in the actions of foreign judges in the BiH Constitutional Court.

Allow me to start where Dayton itself begins – with the rule of law. Annex 10 unequivocally stipulates that the High Representative must be approved by the UN Security Council. This never happened in the case of Christian Schmidt.

He was chosen by the self-proclaimed Peace Implementation Council (PIC) – an informal assembly without any charter, without foundation in any international treaty, and without any legal basis, and without any authority to override this Council.

Schmidt acts based on 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 had been considered unnecessary, Annex 10 would never have been requested.

Annex 10 also clearly defines the mandate of the High Representative. The Dayton Agreement did not grant the High Representative the authority to enact laws, suspend constitutions, prosecute elected officials and political parties, or rule by decree.

However, Christian Schmidt is doing precisely that, as have some of his predecessors, and not infrequently. And herein lies the core of the continuous crisis in BiH, the culmination of which we are witnessing today.

Everything that has resulted from this irregularity – the lack of confirmation by the UN Security Council and the unlawful exceeding of the mandate established by Annex 10 – is defective in the same way.

No legal system – domestic or international – can survive if it exempts itself from the interpretation and application of its regulations.

Allow me to briefly list just a few of the many decrees that Schmidt has unlawfully imposed since arriving in BiH:

1. He unilaterally suspended the Constitution of the Federation of BiH to impose a government of his own choosing, ignoring election results;

2. He amended the Election Law, bypassing democratic parliamentary procedures;

3. He extended the mandate of the Central Election Commission without due process by the competent legislative body;

4. He amended the Criminal Code to criminalize the non-compliance with decrees he personally issued. This move is primarily aimed at removing the democratically elected President of Republika Srpska from political life because he fulfilled his constitutional obligation and proclaimed laws adopted by the National Assembly of Republika Srpska, as well as at intimidating all officials who would dare to question his illegitimate authority;

5. He suspended funding from the budget for democratically elected political parties in Republika Srpska, thereby nullifying the political will of the vast majority of its voters.

Distinguished Council members, none of the above is foreseen by the Dayton Agreement, is appropriate for democracy, and certainly not for the rule of law.

This is a dictatorship – rule by decree, devoid of any judicial review, without the right to legal remedy.

What began as a mere overstepping of mandate has escalated into an established system of repression.

Each such action is 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 scope and intensity.

When Republika Srpska protests such violations, it is unjustly accused of separatism. However, insisting on respect for an international treaty is not separatism.

Contrary to certain narratives, Republika Srpska is not undermining the Dayton Agreement – it is defending it. Our demands are not dismantling BiH, but restoring legality and balance as originally established by the Dayton framework.

For this reason, the National Assembly of Republika Srpska adopted laws to protect its rights established by the Dayton framework. These measures are not provocations, but a lawful response to persistent violations of international law.

The current crisis was not caused by Republika Srpska, nor is the crisis in its interest. It is a 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 Schmidt's unlawful interventions is not only wrong but also biased, with dangerous implications.

Allow me to clearly state our position:

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 for a return to the legal basis of Annex 10 and for the preparation of the closure of the OHR;

3. We reject unilateral decisions that rewrite the peace agreement, criminalize political debate, persecute political opponents through instrumentalized judiciary, discriminate against political parties, and bypass the will of the voters.

A legal reset in BiH is the logical next step if we want to prevent escalation and future crises.

Therefore, with due respect, I call on this Council to urgently take several steps:

1. To schedule a formal vote on the confirmation of Christian Schmidt. If he cannot gain support, let us find another candidate, who will be appointed according to Annex 10;

2. To request an independent legal assessment, under the auspices of the Security Council, of the compliance of the so-called 'Bonn powers' with Annex 10 and the UN Charter;

3. To encourage all relevant actors in BiH to engage in dialogue to prevent further crises and to re-establish functional governance.

We are ready to participate constructively, transparently, and in good faith in this process.

The Dayton Agreement ended a devastating war and laid the foundation for our constitutional order, and it deserves respect, not abuse and violation of its procedures.

We need to jointly ensure that the future of BiH is written not by decrees, but by law.

Finally, although in a critical tone, allow me to clarify one issue.

As a member of the BiH Presidency, I am forced to address your missions directly due to obstructions by the BiH Ministry of Foreign Affairs. This ministry selectively restricts my diplomatic correspondence, while allowing my Bosniak colleague unimpeded 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 ask us to accept – a system where power is centralized and constitutional rights are denied, where even basic communication is used as a political instrument."