Memorialization, Justice and Reform: How Bosnia and Herzegovina Can Overcome Nationalist Divisions

(Patria) - At the session of Circle 99, Prof. Dr. David Pettigrew, professor of philosophy and Holocaust and genocide studies at Southern Connecticut State University, pointed to the urgent need for constitutional reform and transitional justice initiatives in Bosnia and Herzegovina, on the occasion of the 30th anniversary of the Dayton Peace Agreement.

Although the Dayton Agreement in 1995 stopped the aggression and genocide, it established a power-sharing arrangement based on ethnic divisions, rather than on principles of democracy based on common citizenship. Such a structure, as highlighted, has long-term supported separatist and eliminationist projects, primarily of Republika Srpska and Herceg-Bosna, and created serious threats to the stability of the state.

Pettigrew particularly warned about today's nationalist provocations: demands by Bosnian Croat nationalists for the creation of a "third entity" and separatist rhetoric from Republika Srpska. The recent hate speech by President Dodik, directed against Muslims and calling the residents of East Sarajevo "Turks," is considered dangerous and should be criminally sanctioned.

The European Court of Human Rights and the Council of Europe Commissioner for Human Rights have repeatedly emphasized that the concept of "constituent peoples," although necessary to end the war, is no longer objectively justified in a democratic society. The Court expects the urgent establishment of democratic arrangements that will respect the equality of citizens, rather than deepen ethnic discrimination.

The international community, including the Office of the High Representative, has often tolerated or even supported the existing arrangement. Recent opposition to democratic reforms, such as the Kovačević case, shows a political interest in maintaining discriminatory constitutional and electoral frameworks, which jeopardizes BiH's progress towards the EU.

Pettigrew also highlighted the importance of transitional justice and memorialization: survivors have been denied the right to memorials at sites of war crimes, while the glorification of war criminals, such as the mural of Ratko Mladić, is still tolerated. Transitional justice initiatives, which involve recognition of crimes, remembrance of victims, and education, should go hand in hand with constitutional reform to create a stable and democratic Bosnia and Herzegovina.

The conclusion of the session is clear: 30 years after the Dayton Agreement, there is an urgent need for constitutional reform and transitional justice initiatives that will ensure equality of citizens, respect for human rights, and long-term political stability, crucial for BiH's faster progress towards membership in the European Union.