Pettigrew: Schmidt must implement ECtHR rulings, prevent genocide denial and stop appeasing ethnonationalists

(Patria) - "The failure of the Office of the High Representative (OHR) to prevent the undermining of statehood and Bosnia's democratic future" is the topic of today's regular session of Krug 99.

The introductory speaker is American professor of philosophy and Holocaust and genocide studies David Pettigrew.

Pettigrew said at the beginning that he feels compelled to address the OHR's failure to lay the foundations for transitional justice in BiH.

Such foundations, Pettigrew points out, would require a commitment to enable memorials for victims, support for democracy and the rule of law in BiH through the implementation of decisions of the European Court of Human Rights, and the prosecution of genocide denial and glorification of war criminals, as well as condemnation of the goals of the "All-Serbian Assembly".

- However, the OHR has done nothing in all of this and has thus appeased ethnonationalists and deprived Bosnians and Herzegovinians of any hope for a democratic future as a sovereign state under the rule of law - says Pettigrew.

He recalls that in the spring of this year, the international community celebrated the adoption of the UN General Assembly Resolution declaring July 11 as the International Day of Remembrance of the Srebrenica Genocide of 1995.

Although there was a deserved sense of historical success, Pettigrew believes it is truly concerning that there is still no monument to the victims at the Cultural Centre in Pilica, where crimes that were part of the Srebrenica genocide were committed.

- The bullet holes on the doors and walls in Pilica are a clear reminder of the OHR's failure to undertake a comprehensive commitment to ensure the right to memorialisation.

The High Representative not only failed to support memorials for victims in Pilica, Kalinovik or Prijedor, but also failed to support democratic constitutional reforms. Such reforms would accelerate Bosnia and Herzegovina's EU accession.

But there has been an inexplicable failure in implementing the judgments of the European Court of Human Rights. Even more inexplicable is the direct intervention of the High Representative in an attempt to influence the judgment of the European Court of Human Rights in the "Kovačević" case - says Pettigrew.

He emphasises that the Court in the "Kovačević" case found that due to a "combination of territorial and ethnic conditions" the appellant could not vote for a candidate of his choice for the Presidency and the House of Peoples of BiH.

The Court found that the current electoral system in BiH strengthens "ethnic divisions in the country and undermines the democratic system". The "Kovačević" case concerns the right to vote as a pillar of democracy.

- The first-instance judgment in the "Kovačević" case was consistent with the Court's previous findings. In the "Sejdić-Finci" case (2009), the Court found that the exclusion of Roma and Jews from candidacy in elections for these positions was "discriminatory" and constituted a violation of the European Convention on Human Rights.

The Court reasoned that "discrimination based solely on a person's racial origin cannot be objectively justified in today's democratic society".

Similarly, if someone does not declare themselves a member of one of the three constituent peoples, they do not have the right to run in elections for the aforementioned positions - states Pettigrew.

He explains that the Court in the "Zornić" case (2014) assessed that such ineligibility is discriminatory and therefore the Court expected a democratic agreement to be reached without "further delay".

- Given the consistent nature of these judgments of the European Court of Human Rights, the High Representative should use the Bonn Powers to implement the judgments in order to advance the most basic human rights, democracy and the rule of law in Bosnia.

Non-implementation of the Court's judgments delays necessary democratic and constitutional reforms, appeases ethnonationalist interests and strengthens ethnic divisions that could lead to future conflicts.

The possibility of a recurrence of conflict threatens even more terribly because the OHR has failed to respond decisively to a series of ethnonationalist provocations. The mural glorifying Ratko Mladić still stands at the entrance to Kalinovik, violating the BiH Criminal Code.

Other ongoing provocations include genocide denial and secessionist threats. The flag of Herzeg-Bosnia, which has been declared unconstitutional, flies as a provocation throughout the area of the so-called Herzeg-Bosnia.

The 2022 HAZU memorandum insists on the need to ensure "equality of the Croatian people through the establishment of a third entity". If achieved, such a third entity would further divide and destabilise Bosnia - adds Pettigrew.

Following the adoption of the UN Resolution on the Srebrenica genocide, he notes that the Republika Srpska and Serbia responded with the Declaration of the "All-Serbian Assembly".

- The Declaration represents a threat to regional peace because it envisions exclusive ethno-territoriality for Serbs, which is analogous to the "Greater Serbia" plan of the 1990s. It speaks of the persecution of Serbs and proposes a response through cultural, economic and political separatism.

The Declaration emphasises the separatist integrity of the Republika Srpska entity and supports the marking of January 9 as RS Day, which has been deemed unconstitutional.

The Declaration opposes NATO membership, denies the Srebrenica genocide and calls for yet another denialist "study" on the events in Srebrenica 92-95 - stated Pettigrew.

The lack of reaction from the High Representative, the American professor continues, has led to yielding to ethnonationalists and their territorial goals that motivated the genocidal violence of the 1990s.

- Due to the constant failure to confront the separatist and territorial plans of ethnonationalists, it seems that the inaction of the High Representative strengthens ethnic divisions and inexorably pushes BiH towards the kind of division proposed by the Owen-Stoltenberg peace plan of July 1993 - a plan that was then rejected by President Alija Izetbegović.

Any such concept of dividing Bosnia must be rejected once again because it strengthens ethnonationalist separatism, threatening a repetition of the crimes of the nineties.

The High Representative must be determined to implement a comprehensive memorialisation plan that includes the Pilica Cultural Centre, the Barutni magacin, the Partizan sports hall and other places to ensure a culture of memorialisation that will raise awareness of the truth for future generations.

The High Representative must implement the judgments of the European Court of Human Rights, prevent genocide denial and glorification of war criminals, and no longer appease ethnonationalists who want to achieve their territorial goals from the 90s, and are now turning to the Russian Federation for support - Pettigrew underscores.

He states that the forces of ethnonationalism threaten a repetition of genocide, a threat we must face bravely and decisively. The mural of Ratko Mladić at the entrance to Kalinovik must be removed without delay. RS Day, confirmed by the Declaration of the "All-Serbian Assembly", must be banned.

- Through these and other initiatives, the High Representative would finally open the possibility of a democratic future for Bosnia under the rule of law. His obligation is to use his "final authority in theatre to facilitate the resolution of difficulties by making binding decisions, "to ensure implementation of the Peace Agreement in its entirety, "as well as the smooth functioning of the common institutions".

There can be no justification for the OHR's continued inaction. There can be no compromise when it comes to commitment to transitional justice initiatives for the sake of a democratic future under the rule of law for BiH - Pettigrew concluded.