OHR Clarifies: Peace Implementation Council Steering Board is the Competent Body for Appointing the High Representative

(Patria) - The Office of the High Representative today issued a clarification on the procedure for appointing High Representatives.

Article V of Annex 10 of the General Framework Agreement for Peace in Bosnia and Herzegovina (GFAP) defines the High Representative as the final authority in the region regarding the interpretation of the said Agreement on the implementation of the civilian aspects of the peace settlement. The issue of nominating/appointing the High Representative is directly linked to the interpretation of Annex 10 of the General Framework Agreement for Peace.

Based on the text of Annex 10, it is clear that the appointment of High Representatives (which is not the case with the appointment of military forces – IFOR, now EUFOR-ALTHEA, in accordance with Annex 1A) is not carried out by the UN Security Council, although it must be in accordance with relevant resolutions. The practice of the Peace Implementation Council (PIC) clearly shows that the High Representative is appointed to that position by the Steering Board of the Peace Implementation Council, and that this practice is "in accordance with UN Security Council resolutions", starting from the adoption of Resolution 1031(1995) of December 15, 1995.

On May 27, 2021, the Steering Board of the Peace Implementation Council (PIC SB) "officially appointed"¹ Mr. Christian Schmidt as the High Representative for Bosnia and Herzegovina. Acting on the request of the PIC Steering Board to inform the UN Secretary-General accordingly, Mr. Schmidt's predecessor, High Representative Dr. Valentin Inzko, sent a letter on June 3, 2021, to UN Secretary-General H.E. Mr. António Guterres informing him of the decision of the Steering Board of the Peace Implementation Council to officially appoint Mr. Schmidt. In that letter, Mr. Inzko also stated that Mr. Schmidt would assume the duties of the High Representative on August 1, 2021, when his resignation would take effect.

The fact that the UN Security Council has not explicitly mentioned the appointment of the High Representative in its resolutions concerning the situation in Bosnia and Herzegovina is not a precedent: after the Steering Board of the Peace Implementation Council officially appointed Dr. Christian Schwarz-Schilling as the High Representative for Bosnia and Herzegovina on December 15, 2005, he took office on January 31, 2006, and the UN Security Council did not explicitly mention this appointment in a similar manner in its subsequent resolutions concerning the situation in Bosnia and Herzegovina.

An expression of support from the UN Security Council is not legally necessary for the decision of the PIC Steering Board on the appointment of a new High Representative to take effect. All High Representatives for whom the UN Security Council has expressed welcome and acceptance, with the exception of Mr. Carl Bildt, had already assumed office at the time the UN Security Council made its statement. Although the UN Security Council did not explicitly express its consent, this did not affect the performance of the duties entrusted to High Representative Dr. Schwarz-Schilling. Expressing support in resolutions is not mandatory.

In response to an inquiry from the Chairperson of the Presidency of Bosnia and Herzegovina, H.E. Ms. Željka Cvijanović, the Secretary-General of the United Nations, H.E. Mr. António Guterres, confirmed on July 14, 2023, that the Steering Board of the PIC is the competent body for appointing the High Representative.

Mr. Christian Schmidt assumed the office and duties of the High Representative on August 1, 2021. Since then, he has submitted four reports on the implementation of the General Framework Agreement for Peace to the UN Secretary-General and the UN Security Council. The High Representative personally addresses the UN Security Council annually.