Džaferović: Dodik has started obstructing the Dayton Peace Agreement

SARAJevo, (Patria) - Šefik Džaferović, member of the BiH Presidency, stated that Milorad Dodik's vote against agenda items today has initiated the blockade of BiH institutions. He confirmed that Dodik announced the invocation of vital entity interest in the case of the visit of Montenegrin President Milo Đukanović to BiH. Furthermore, due to voting against it, the sending of the BiH Armed Forces peacekeeping mission to Afghanistan has been prevented, as decisions related to defense are made by consensus. 

“When we talk about today’s session, we can see the obstruction in the functioning of BiH institutions at work, because how else can we view the vote against 19 ratification agreements, as well as in relation to numerous other agenda items. This is an obstruction of the Dayton Peace Agreement. 

The entities were created in Dayton, BiH existed before Dayton and will exist after it. This will ultimately end with BiH continuing its functioning. One cannot take from Dayton what suits them and obstruct what does not suit them. This is an attack on the constitutional order of BiH,” said Džaferović.

He called on political representatives from RS to be careful about what they are doing, to carefully protect the Dayton Peace Agreement, to respect all its points; it must be applied in its entirety or not at all, but then the damage will not be suffered by the state of BiH. 

“This is a situation where, under threats and blockades, an attempt is being made to achieve a solution that could lead BiH to ruin. The three foreign judges in the Constitutional Court are not there by accident. This was done purposefully so that BiH can function. Threatening dissolution and secession to demand the departure of foreign judges is a path to the disappearance of BiH, but BiH will never disappear. Demanding only the removal of foreign judges while leaving everything else the same is a danger to this country. If a decision on dissolution were made, there would be no institution to reject such a possibility and protect the Dayton Peace Agreement. Who is bothered by foreigners, people appointed by the judge of the European Court of Human Rights?” said Džaferović. 

Regardless of the goal, no solution will pass as a product of pressure, blackmail; no one’s dictate will pass, not even Dodik’s dictate and those who follow him, nor Komšić’s nor Džaferović’s dictate, he said. 

“We can reach an agreement, we must respect what we have today as a framework. That is the Constitution of BiH.” 

Džaferović stated that he had not spoken with Dodik about the appointment of a Constitutional Court judge, nor had anyone from his office spoken with anyone from Mr. Dodik’s office.

“All three members were informed by the President of the Constitutional Court of BiH in October about the process of electing one foreign judge because the mandate of one of the judges expires on April 25th of this year. I think Mr. Komšić did not deceive anyone, because everyone had enough time to react. Do not forget that the BiH Presidency participates in this process only at the level of consultations; we are not asked for consent or a decision, but only consultations. This does not oblige the President of the European Court of Human Rights, because he appoints the judge. The discussion here is about whether a foreign judge should or should not be appointed. There have been such situations before, and I know for sure that these issues never even reached a session of the Presidency.”

When asked how he commented on the proposed law that SNSD and HDZ want to send to the parliamentary procedure regarding the structure of the Constitutional Court, Džaferović said that “it is not possible to pass a law on the Constitutional Court of BiH.”

“There are constitutional courts that find their foundation in the constitutions of states and laws enacted by the laws of those states. Given the complexity of BiH and the protection of the constitutional order, the Constitutional Court is established in such a way that its basis for work is in the Constitution of BiH, and the structure is also stated there. No law can regulate the functioning and structure of the Constitutional Court,” said Džaferović, adding that the Constitutional Court of BiH can function very difficultly without foreign judges. 

“BiH has the Constitution it has, it has the Dayton Peace Agreement as it is, and as unfair as it may be, it achieves balance. We respect the Dayton Peace Agreement; if the unravelling of Dayton begins, we do not know how it will end,” said Džaferović. 

Džaferović called on the Peace Implementation Council and the countries that are witnesses to the Dayton Peace Agreement to react, because, as he said, this is an attack on the foundations of BiH, an attempt at destabilization, and a threat to peace and stability, even for the ambassadors of the Quint countries.