Hydroelectric plants on the Drina River must be jointly owned by Bosnia and Herzegovina and Serbia

Written by: Enver Išerić

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The Republic of Serbia wants to build new hydroelectric plants on the Drina River. This „venture“ was planned with one of the entities of Bosnia and Herzegovina. However, there is no and must not be construction of new such
or similar facilities without an agreement between Bosnia and Herzegovina and the Republic of Serbia, because these facilities should be built on the international Drina River, which separates the territory of the two states.

And that is, we hope, very clear to all who need to decide on it.

However, before any interstate agreements on new projects, it is necessary to resolve the issue of property on existing hydroelectric plants on the Drina River. From these hydroelectric plants, all produced electricity is used for the needs of Serbia. It is necessary to raise the justified question on what legal basis is this so? According to the assessments of many experts, no one has complete and clear documentation on the ownership of these hydroelectric plants.

The Zvornik and Bajina Bašta hydroelectric plants were financed from the then federal fund. Scientific studies and conclusions of the commission from the time of the SFRY established that the Bajina Bašta hydroelectric plant belongs to Bosnia and
Herzegovina 67 percent, and Serbia 33 percent.

If the construction of these facilities was financed from the federal fund, and it was, then this issue should have been resolved based on the Agreement on Succession signed between the successor states of the former SFRY. According to the provisions of that agreement, „Immovable state property of the SFRY located on the territory of the SFRY passes to the successor state on whose territory it is now located“ (Article 2 of Annex A of the Agreement). Since the hydroelectric plants are located on the territory of two states, Bosnia and Herzegovina and Serbia, then that property belongs to those states. Now the question arises, was this issue even considered in the succession process, and if not, then it is necessary to open the issue of resolving the ownership of the hydroelectric plants on the Drina.

If we were to accept certain claims from Serbia that the hydroelectric plants were financed from the funds of Serbia, as a former republic of the SFRY, the question of demarcation on the Drina River remains open. And the border is
drawn down the middle of the river, and by this principle, one half of the hydroelectric plant belongs to Bosnia and Herzegovina. Serbia has not been paying compensation for thirty years to Bosnian-Herzegovinian municipalities on whose territory these hydroelectric plants are located.

Furthermore, even if Serbia financed it itself, those funds have been repaid tenfold, because Serbia has been using the electricity.

Since these hydroelectric plants are located on an international river, and the border between states is drawn down the middle of the river, ownership of the hydroelectric plant is very simple to divide with a share of 50
percent for Bosnia and Herzegovina, and 50 percent for Serbia. A mitigating circumstance is that, for example, at the Zvornik HPP, on each side there is one machine building housing two
aggregates. 

Interventions on international rivers are possible only with the consent of neighboring states, so the question of intervention on machine buildings and aggregates located
on the territory of the state of Bosnia and Herzegovina is justifiably raised. States should use the international watercourse with the aim of achieving its optimal and sustainable use and benefits from it, taking into account the interests of the state of the given watercourse, which is a rule of international law, arising from the Convention on the Law of the Non-navigational Uses of International Watercourses adopted on May 22, 1997.

Due to all the above, it is necessary to conclude as soon as possible an agreement between Bosnia and Herzegovina and Serbia that would resolve the issue of using the watercourse of the Drina River, including an agreement on
ownership and use of the HPPs on the Drina.