Nikšić misled the public: He did not have the OHR's permission to reallocate state property for the benefit of Adriatic Metals BiH company

Talked to: Delvin Kovač

Federal Prime Minister Nermin Nikšić and ministers Vojin Mijatović and Vedran Lakić attended the ceremonial opening of the "Rupice" mine of the company Adriatic Metals BiH in Vareš today.

This event was preceded by a session of the FBiH Government, at which a Decision on changing the purpose of forest land and temporary use of forest land for other purposes was made in mid-November last year.

By a decision from December 2023, the FBiH Government allowed the investor - the British company Adriatic Metals BiH - temporary use of forest land, an area of 72,415 square meters, for the purpose of exploiting mineral raw materials of lead, zinc, barite, and associated precious metals.

Prime Minister Nikšić and his imposed Government, in this way, disregarded the Law on Temporary Prohibition of Disposal of State Property of BiH, which was imposed by the High Representative, as well as the decisions of the Constitutional Court of BiH - according to which the regulation of state property is within the exclusive jurisdiction of BiH institutions.

Federal MP Jasmina Bišćević-Tokić (SDA) recently warned about this in an interview with the Patria News Agency, and told us today that she has already initiated legal mechanisms on this issue - she has sent inquiries to the Federal Prosecutor's Office, the Prosecutor's Office of BiH, and the Office of the High Representative (OHR). She is currently awaiting answers to these inquiries.

She intended to ask the same question to Prime Minister Nikšić at yesterday's session of the House of Representatives of the FBiH Parliament, but she did not succeed as the session was interrupted. She will do so, she adds, at the continuation of the session.

Bišćević-Tokić says that the OHR explicitly emphasized in a letter to the FBiH Government that changing the land's purpose is essentially something for which the state must give permission, while regarding its use, the FBiH Government can do that.

- However, Nikšić, in his decision, allowed for the change of land's purpose and the decision on its use. And he could not do that without the owner of the property - the state of Bosnia and Herzegovina - said Bišćević-Tokić.

In his decision, Nikšić, our interlocutor continues, stated that only the owner of the land can submit a request for changing the purpose of forest land, and according to the Constitutional Court - the one who disposes of the property is the state, which means that only the state could request the change of purpose.

- As far as I have information, and I asked the Government to provide me with all materials, in this case, it was not the state that requested it, but the company Adriatic Metals BiH, which was not possible under our current laws - says Bišćević-Tokić.

She reminds that the Constitutional Court of BiH has made several rulings explicitly prohibiting the RS entity from such actions. And these, she adds, can also apply to the FBiH entity.

- So, only the state can dispose of property - specified Bišćević-Tokić.

Federal Prime Minister Nermin Nikšić, addressing the public in Vareš today, assessed it as very important that this investment will send a message to all future investors - that they can come to our country and invest.

We asked Bišćević-Tokić if this also means that the FBiH Government is ready to continue usurping state property?

Bišćević-Tokić: We must all be legalists

- I am, believe me, a legalist. If we in the FBiH entity dispute Milorad Dodik's appropriation of state property, why should the FBiH Government and Prime Minister Nikšić boast about something that is essentially not praiseworthy - taking state property and giving it to anyone with a change of purpose. I am not disputing who received the change of purpose and who will use it at all, but it cannot be done without the state.

It is disastrous for me, judging by the materials available to me, that the FBiH entity and the Zenica-Doboj Canton actually receive 15,000 KM per month - I think the total amount per year is 180,000 KM. What kind of investments are we talking about then? That is devastating. Nikšić, with what he has done, has directly damaged the FBiH budget. You can imagine, he gave it away for 15,000 KM per month. That is absurd in my opinion - emphasizes Bišćević-Tokić.

She emphasizes that in her current mandate as a federal representative, she will insist on initiating all legal actions related to changing the land's purpose. And believe me, adds Bišćević-Tokić - I will also consider some serious criminal charges.

The representative praised the Legal Department of the OHR, from which they explicitly stated in writing that decisions on changing land's purpose can only be made at the level of Bosnia and Herzegovina.

- I saw that in the explanation, Nikšić stated that the OHR and the High Representative were involved in this entire process, which is not true. They were involved, but in this case, they made correct decisions. I have that document with me, which clearly states that he could not change the land's purpose. I expect and hope that the OHR will react - notes Bišćević-Tokić.

Whatever decisions the Federal and State Prosecutor's Offices, as well as the OHR, make for Vareš, they will, in Bišćević-Tokić's opinion, be mirrored in all other cases.

- We, as representatives, do not have all the materials from the FBiH Government sessions, but this seems to have become normal for Nikšić. If we don't stop this, it's gone. If we allow local communities or cantonal assemblies to do what they are doing, then we don't have a state. And if we are going to behave like that, then what do we need a state for - asked Bišćević-Tokić.

She points out that the president of the smaller BiH entity, Milorad Dodik, can now comfortably say - here, look what the Government and Prime Minister Nikšić are doing in FBiH - why are you blaming us for not being able to do the same in the RS?

- What other conclusion can we draw from all this? If Nikšić and his imposed Government are paving the way for state property, why are we angry at the RS entity when they do the same thing? We must stop this anyway.

In this case, I am for the state of Bosnia and Herzegovina, I am not on anyone's side - neither on the side of the FBiH entity, nor on the side of the RS entity. Because it is well known that according to the decisions of the Constitutional Court, the holder of state property is the state of Bosnia and Herzegovina. And there is no doubt about that. We must all be legalists - says Bišćević-Tokić.

She emphasizes that this, as well as all similar decisions that the FBiH Government may make in the future - which are contrary to the Law on Prohibition of Property Disposal - are null and void.

- These are really serious problems. And we must stop this. Nikšić is making decisions that he is essentially not authorized to make. And on the other hand, I am concerned about the Federal Ministry of Justice - do they even know about this?

I really don't know what Nikšić submitted to the State Prosecutor's Office, but I have answers from that institution, which was present at the Government session, stating: "We are not essentially authorized to interpret the OHR's response".

Now, what Nikšić submitted to the State Prosecutor's Office, whether it's what the OHR wrote that he cannot change the land's purpose, I don't know. That's why I sent inquiries to get all the material and see what it's all about. But specifically regarding the OHR, I have that material, they explicitly said that Nikšić cannot change the land's purpose. And I sincerely hope that the State Prosecutor's Office will also react - concluded Bišćević-Tokić in an interview with Patria.