Išerić: We must unite all forces and create a strong and decisive front of resistance against the destroyers of the state

(Patria) - "The necessity of united resistance against the destroyers of the state" is the topic of today's regular Sunday session of the Association of Independent Intellectuals Krug 99, where legal expert and member of the NES Presidency Enver Išerić spoke as the introductory speaker.

At the beginning of his address, Išerić stated that Bosnia and Herzegovina, by the will of its citizens expressed in the referendum held on February 29 and March 1, 1992, became a sovereign and independent state of equal citizens living in it.

This was decided by the citizens when they answered the question in the referendum: "Are you for a sovereign and independent Bosnia and Herzegovina, a state of equal citizens, the peoples of BiH - Muslims, Serbs, Croats, and members of other peoples living in it?"

- Since this did not suit the Greater-state projects, a double aggression from its neighbors followed. Previously, a well-thought-out and largely implemented plan for the disarmament of the Territorial Defense of Bosnia and Herzegovina was carried out, so the prospects for our resistance to aggression, for those who observed from the sidelines, were almost nil - said Išerić.

According to him, the actions of the international community during the aggression against our country were contrary to the first goal of the United Nations stated in Article 1 of the UN Charter, which reads: "To maintain international peace and security, and to that end to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.”

- After many peace plans, the Dayton Peace Agreement was concluded, Annex 4 of which became the main obstacle to the functioning of the state and the protection of human rights of all citizens.

In addition, this agreement contains serious deficiencies that, as an international treaty, render it null and void. It was concluded as a consequence of the threat of force, which is contrary to the principles of international law and as such is null and void.

The Constitution of BiH, as an annex to the agreement, contains provisions that are contrary to the imperative norm of general international law on the prohibition of discrimination against people and as such is null and void.

Furthermore, international law does not recognize situations created by force. And the territorial organization of Bosnia and Herzegovina is the result of force, i.e., aggression against our country - notes Išerić.

Numerous reforms followed, he adds, which the international community demanded from us. The Framework Law on Higher Education was adopted, numerous private universities and faculties were established, which, however, according to Išerić's conviction, have escaped the strict control of the state and its bodies, and insight into the quality of the educational program and the quality of work of these institutions.

This is common knowledge that we all know, but about which we rarely or never speak publicly. A bad educational system is devastating for a society, warns Išerić.

- The reform of public administration began with the adoption of the law on civil service at the state and entity levels and the formation of agencies tasked with ensuring transparency in the employment process, as well as the selection of the best candidates for civil service, and the elimination of political influence on that process.

Political parties and ruling structures formally advocated for this process before the international community, which insisted on it, but were actually against it. Now we have a situation that is worse than before the reform began - emphasizes Išerić.

The attempt to reform the judicial system, he continues, remained just an attempt. Bosnia and Herzegovina has not yet established a supreme court, whose task would be to harmonize the application of law throughout the country.

- At the request of the international community for further reform, the existing authorities are trying to adopt some cosmetic changes to the law on the HJPC and the Court of Bosnia and Herzegovina, but they are not even capable of doing that.

In fact, they are proposing solutions that are worse than the existing ones. The results in the prosecution of war crimes, especially from list A, criminal and corruption cases, and attacks on the constitutional order are devastating.

The system of accountability of judicial office holders is completely absent. To whom is the President of the Court of BiH and the Chief Prosecutor of the Prosecutor's Office of BiH accountable? To no one. The media even wrote that the Chief Prosecutor forbids prosecutors to appear for hearings before the commissions of the Parliamentary Assembly of BiH.

And to my complaint, addressed to the Disciplinary Prosecutor's Office, regarding the work of the Chief Prosecutor of Bosnia and Herzegovina due to the non-prosecution of persons responsible for not implementing the decisions of the Constitutional Court of BiH, which relate to the declaration of unconstitutionality of January 9 as the day of the RS entity, the Disciplinary Prosecutor's Office responds:

"Regarding decision of the Constitutional Court of BiH number U-2/18, case T20 KT 0024958 24 has been formed, no final decision has been made in the case, and after the investigation, it was determined that actions are being taken continuously and that there is no evidence of unjustified delay in taking official actions.”

So, there is no delay in taking official actions for not implementing the decision of the Constitutional Court made eight years ago, and despite that decision, the authorities of the RS entity celebrate January 9 as the day of that entity every year - states Išerić.

In addition, he adds, the Chief Prosecutor issued a General Binding Instruction on the review and control of prosecutorial decisions in the Prosecutor's Office of Bosnia and Herzegovina on December 31, 2024, which completely removed the independence of prosecutors' work, which is contrary to the Criminal Procedure Code, nor is there a legal basis for issuing such an instruction.

- Not all our problems are in the separatist activities of Milorad Dodik and SNSD and in the blockade of state institutions by SNSD and HDZ BiH. We are also facing the collapse of the state's economic power.

We are facing various scandals worth hundreds of millions of KM. Has anyone been held accountable for the "Viadukt" affair? What happened to the company Aluminij Mostar and who manages that company today?

Who allowed the sale and closure of Vitezit in Vitez, thus forcing Bosnia and Herzegovina to import gunpowder from Serbia. How could the authorities allow the production of Željezara Zenica and Koksara in Lukavac to be shut down, when it is the backbone of our economy?

How is it possible that bankruptcy proceedings in certain companies last for 10 and 16 years, if according to the Bankruptcy Law, this procedure must be completed within three years.

What is this about? Is it privatization of companies without privatization, if we know what powers a bankruptcy trustee has? This applies to Hidrogradnja and Granit from Jablanica - said Išerić.

He also said that the authorities are not solving the issues of pensioners, and thirty years after the end of the aggression, they are only talking about veteran benefits for the defenders of the state.

- BiH is first in terms of declining birth rate, and no one is dealing with this issue. In 2024, NES proposed the Law on the Rights of Mothers with Four or More Children, which would provide regular monthly income for mothers who are not employed, but this law has never been put on the agenda of a parliamentary session.

NES also prepared the Law on Amendments to the Law on Citizenship, which would allow persons who have renounced their citizenship to regain our citizenship.

Furthermore, we are facing complete obstruction of the implementation of the judgments of the ECtHR, as well as discrimination against Bosniaks in the RS entity and areas where HDZ BiH has power. This particularly applies to Stolac, Čapljina, and Mostar.

A particular problem is the non-implementation of the decisions of the Constitutional Court and the continuous blockade of state institutions. This particularly applies to the blockade of the House of Peoples by SNSD and HDZ BiH.

Therefore, NES recently sent a letter to all members of the Steering Board of the Peace Implementation Council, in which we warned about the dangers and risks that Bosnia and Herzegovina is facing.

We requested from the members of the Steering Board and the High Representative to, based on the authorizations from the Peace Implementation Conference held in London on December 8 and 9, 1995, and the authorizations of the High Representative arising from Annex 10 of the Dayton Peace Agreement, make a decision on amendments to the Rules of Procedure of the House of Peoples of the Parliamentary Assembly of BiH.

We have also prepared a proposal for amendments to the Rules of Procedure of the House of Peoples, which prevent the blockade of its work.

The scandal with Darko Ćulum's return to the head of SIPA represents the most blatant mockery of the legal system and the state of Bosnia and Herzegovina.

The continuous threats of secession by the RS entity, the blockade of state institutions, the HDZ's demands for a third entity, the endangerment of citizens' rights, crime and corruption, the interference of neighboring countries in the internal affairs of our country, as well as our internal weaknesses, require complete unity of all patriotic forces.

Therefore, we, the citizens who love our homeland, must take our destiny into our own hands. We must unite all forces and create a strong and decisive front of resistance against the destroyers of the state. Resistance to all destroyers of the state must be strong, decisive, unified, and radical.

There should be no reliance on the international community and waiting for it to bring us everything on a platter. If we wait, we will be served something we will not like - warned Išerić.

Nevertheless, he states, the international community can help resolve all these issues, which are a threat to the functioning of the state and a threat to peace, through the mechanisms at its disposal.

- A significant step in this direction would be the amendment of the Rules of Procedure of the House of Peoples of the Parliamentary Assembly of BiH, which has become the main problem and which prevents the Parliamentary Assembly from performing its function.

If this does not happen, and the blockades continue, we will be forced to decide to return to operating under the Constitution of the Republic of Bosnia and Herzegovina. Such legal violence and attacks on the state must no longer be tolerated.

We must not allow ourselves to be intimidated by some kind of Bosniak radicalism and the portrayal of Bosniaks as a threat to Europe. Therefore, we must tell them that we will be radical, and very radical, in the defense of our country, Bosnia and Herzegovina.

Therefore, it is necessary for all of us to unite on this path. Political parties, the academic community, students, and civil servants in state service and in all other public services must be on the same path and the same task.

All disagreements and personal interests must be completely set aside. And citizens-voters must go to the polls en masse in the next elections and thus let all destroyers of the state, as well as politicians in general, know that they are ready to take responsibility for the state and that they will regularly monitor the work of those they have elected - concluded Išerić in his address.