PIC Communiqué: No withdrawal from agreements on transfer of competencies from entities to the state

SARAJEVO, (Patria) - The Political Directors of the Steering Board of the Peace Implementation Council (PIC) met on 7 and 8 December 2021 to review the implementation of the General Framework Agreement for Peace, which remains the foundation for a stable, secure and prosperous Bosnia and Herzegovina (BiH). The PIC Steering Board reminded all parties of their obligation to fully respect the General Framework Agreement for Peace, all its annexes and the decisions of the High Representative. The Steering Board once again confirmed its unequivocal commitment to the territorial integrity and basic structure of BiH as a single and sovereign state, consisting of two entities.

The Steering Board reiterated that entities have no right to secede from BiH and that they legally exist only on the basis of the BiH Constitution. The Steering Board reminded the authorities in BiH that the BiH Constitution is an integral part of the General Framework Agreement for Peace and that the decisions of the Constitutional Court of BiH are final and binding and must be implemented. The Steering Board once again confirmed its full support for the High Representative in ensuring full respect for the General Framework Agreement for Peace in BiH and the implementation of his mandate in accordance with Annex 10 and the relevant UN Security Council resolutions, which remains unchanged.

The Steering Board stressed that the international community continues to retain the necessary instruments to ensure the implementation of the General Framework Agreement for Peace. It emphasised the need for full implementation of the 5+2 agenda, which remains a condition for the closure of the Office of the High Representative.

The PIC Steering Board condemns the actions taken by the ruling coalition in the Republika Srpska, which seriously undermine the Dayton framework and disrupt stability in BiH and the region. The authorities in the Republika Srpska have also announced measures that would – if implemented – mean the reversal of 26 years of peace implementation reforms, which are also important for the EU accession process. The PIC Steering Board warns that the adoption of the Law on the Non-Application of the High Representative's Decision on the Enactment of the Law on Amendments to the Criminal Code of BiH in the National Assembly of the Republika Srpska represents a violation of both Annex 4 and Annex 10 of the General Framework Agreement for Peace. Furthermore, the adoption of the Law on Medicines and Medical Devices not only violates Annex 4, prevents an effective response to the COVID-19 pandemic, but also further distances BiH from compliance with EU standards, including the existence of a single economic space.

Regarding the announced measures of unilateral withdrawal of the Republika Srpska from agreements on the transfer of competencies to the state, including in the areas of defence, indirect taxation and the judiciary, the PIC Steering Board emphasises that there can be no unilateral withdrawal from agreements on the transfer of competencies from entities to the state. The PIC Steering Board shares the concern expressed by the IMF and the World Bank about the serious consequences such moves have on government budgets, access to funds, and international aid projects. Moves taken by any party that jeopardise the General Framework Agreement for Peace will have consequences.

In light of these developments, the PIC Steering Board reiterated its full support and commitment to close cooperation with the High Representative in the exercise of his significant mandate as well as for his executive powers, and welcomed his engagement with political leaders of Bosnia and Herzegovina on fulfilling the 5+2 agenda, including the formation of a working group on state and military property. The PIC Steering Board reiterated that any jeopardising of state institutions, or attempts to undermine the functionality of these institutions, affect the stability of BiH, as well as its entities and the Brčko District.

The PIC Steering Board calls on all leaders to build an atmosphere of mutual trust and to engage in dialogue, including by immediately ceasing divisive and escalatory rhetoric and destabilising political activities or decisions, which cause concern among citizens and undermine peace and stability in the country and the entire region. The PIC Steering Board further called on all elected and appointed representatives from the Republika Srpska to return to state-level institutions without further delay and engage in reforms necessary for the progress of Bosnia and Herzegovina, including on its Euro-Atlantic path.

The PIC Steering Board also called on all political leaders to eradicate corruption, which seriously threatens institutions, prevents development and encourages people, especially young people, to leave BiH. Another election cycle must not be allowed to pass without strengthening the integrity and fairness of the electoral process, and without providing equal opportunities for all citizens to run for the highest offices in the country. The PIC Steering Board expressed its full support for ongoing efforts regarding constitutional and electoral reform. Furthermore, the PIC Steering Board called on parties from the Federation of BiH to restore trust, remove dysfunctions and fully implement the results of the 2018 elections.

The PIC Steering Board will hold its next regular meeting on 7 and 8 June 2022.

(Representatives of the Russian Federation did not participate in the meeting of the Political Directors of the Steering Board of the Peace Implementation Council held on 7 and 8 December 2021, and therefore did not join this Communiqué)