Konaković still brazenly silent, Border Police shifts responsibility to Ministry of Foreign Affairs, and what does the law say?

Patria
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Konaković still brazenly silent, Border Police shifts responsibility to Ministry of Foreign Affairs, and what does the law say?

Written by: A. Čorbo-Zećo

The holding of a parade by members of the Serbian Army on the territory of Bosnia and Herzegovina has rightly sparked an avalanche of reactions. However, few have come from the ruling structures, because for half a day yesterday no one had a logical explanation of how the Serbian Army paraded through Prijedor, and earlier they were also in Bratunac.

What is certain for now is that the Ministry of Foreign Affairs was informed, and that this institution forwarded the information to the Border Police.

“The Embassy of the Republic of Serbia, by a verbal note dated July 5, 2024, informed the Ministry of Foreign Affairs of Bosnia and Herzegovina that delegations from the Ministry of Labour, Employment, Veterans and Social Affairs, students and cadets of the University of Criminal Investigation and Police Studies and the Military Academy from Belgrade would visit BiH. The Ministry of Foreign Affairs of BiH announced the arrival and informed all competent and relevant institutions, including the Border Police of BiH,” stated the Border Police.

Without many details, it was not clarified whether all legal conditions were met and whether the Ministry of Foreign Affairs of BiH can issue any permits for the entry of foreign security services into BiH.


Article 36 of the Law on Border Control deals with the entry of members of foreign security services into BiH.

Here is how it reads:

(1) A member of foreign security services may be granted entry into BiH in uniform, with official short firearms and a vehicle marked with their insignia.

(2) Permission for the entry of a member of foreign security services from paragraph (1) of this Article into the territory of BiH is issued by the BiH Border Police with prior consent from the Ministry of Security, provided that this is not contrary to the interests of BiH.

(3) Special conditions for entry may be specified in the permit.

(4) Members of foreign security services from paragraph (1) of this Article who are members of working delegations on an official visit may enter BiH, wear uniforms and carry official weapons if they are an integral part of the uniform, even without a special permit, but with prior written notification to the BiH Border Police.

(5) Members of foreign security services who directly protect representatives of foreign states or representatives of international organizations and institutions during a visit to BiH may bring and carry official short firearms and accompanying ammunition with the permission of the BiH Border Police.

(6) Exceptionally, the permit from paragraphs (2) and (5) of this Article may also be issued for transit through the territory of BiH.

Article 36a

(Border checks of members of the armed forces of states parties to the North Atlantic Treaty and other states participating in the Partnership for Peace)

Border checks of members of the armed forces of states parties to the North Atlantic Treaty and other states participating in the Partnership for Peace shall be carried out in accordance with the provisions of the Agreement between the states parties to the North Atlantic Treaty and other states participating in the Partnership for Peace and other relevant protocols.

The question, therefore, is whether the Ministry of Security of BiH also participated, as the law requires, and what checks were carried out at all. Such responses from the BiH Border Police are incomplete, and the whole story must have a clearer epilogue. There were obviously omissions.


Namely, the Border Police, when checking persons entering BiH, has the following competencies:

When performing a person check, a police officer of the BiH Border Police is authorized to:

a) request to inspect a travel document;

b) verify travel documents;

c) carry out checks with the aim of detecting and preventing threats to national and public security and the legal order.

Also, it would be desirable to see and publicly publish the letter sent from the Ministry of Foreign Affairs to the Border Police.


There have been no official reactions from the Ministry of Foreign Affairs of BiH and Minister Elmedin Konaković yet, and his silence indicates that he does not even consider the parade of Serbian cadets/soldiers problematic, which many have characterized as a violation of the sovereignty and territorial integrity of the state of BiH.

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