Return to 'original Dayton' as a path of no return or a path into empty space

By: Sifet Kukuruz

For days, months, and years, going back to Dayton, we have witnessed the narrative of returning to the "original Dayton". The ruling political structure in the Republika Srpska entity uses this narrative as an effective instrument to prevent the establishment of BiH as a stable and functional state, a state capable of realizing and confirming sovereignty over the entire state territory. These days, Milorad Dodik, placing himself at the head of the legislative and executive authorities in that entity, best demonstrates what returning to the original Dayton means in practice. The path to the original Dayton, as implemented by the current political structure gathered around Milorad Dodik, implies the transformation of the Republika Srpska entity into a state and, at the same time, assigning the state of BiH the status of an entity.

Returning to the source has always implied moving into the future, a path forward. Although it is a return, in reality, it is always about moving forward, a journey towards a safer and better future that, compared to the current state, necessarily represents a higher stage of development. Rationally grounded return to the source implies that it is not about moving through time, a time machine, or some physical journey. On the contrary, such a return means moving forward based on discovering and realizing the rational, creative potentials of processes in the present. Moving towards the source is not a path into uncertainty; on the contrary, it is a return to safety, to a "safe harbor".

However, the current return to the original Dayton, orchestrated by Milorad Dodik, is proving to be a path into "empty space", or a "path of no return". Dodik's alleged return to the original Dayton aims to completely destroy the source itself or, at best, to "cloud the source". Such a return to the original Dayton is, in reality, an attack on Dayton.

And this is precisely what is happening these days in the Republika Srpska entity, which, under the guise of returning to the original Dayton, wants to establish the situation that preceded Dayton. When analyzing the arguments used to justify this destructive narrative, it is very easy to see that this return is actually a path into "empty space", because in the original Dayton, one can find almost nothing of what Milorad Dodik, Nenad Stevandić, and Radovan Višković claim to be there. Therefore, it is justified to ask - what is the point of returning to the original Dayton if that return represents a return to "empty space"?

When the original Dayton is analyzed through the political lens of the aforementioned trio, it becomes clear that elements supporting their narrative cannot be found there. Therefore, returning to the original Dayton is not only meaningless but also dangerous, not only for those who have embarked on this path but also for all those affected by this journey, which primarily includes the citizens and peoples of BiH.

In the original Dayton, the state of BiH is a sovereign state, and the entities are subordinate to state sovereignty. According to the original Dayton, the state of BiH possesses sovereignty, territorial integrity, and political independence, while the entities possess only political-legal autonomy, the degree of which is determined by the state Constitution. The original Dayton stipulates that the state of BiH has a state territory and a state border, while the entities only have an internal line of demarcation.

According to the original Dayton, the state of BiH borders neighboring countries, not the entities. The entities have only an inter-entity line of demarcation, but not an external one. The external line for the entities is, in fact, the state border. According to the original Dayton, there is no demarcation line between the state of BiH and its entities, nor between the entities and neighboring countries. The entire state territory belongs to the state of BiH, and only within that territory do the entities exist, in the same way that, for example, the space where the sessions of the National Assembly of Republika Srpska are held is divided into the space where the deputies of the ruling party sit and the space where the deputies of the opposition sit.

However, neither the deputies of the ruling party nor the deputies of the opposition can claim that the part of the assembly hall where they sit belongs exclusively to them, nor that this space is not part of the assembly hall. The space where they sit serves only for mutual demarcation, but not for the demarcation of the deputies in relation to the hall of the National Assembly of Republika Srpska.

Furthermore, according to the original Dayton, no entity is the property of any nation; the state territory is unified and equally belongs to all its citizens. According to the original Dayton, the state of BiH is a sovereign state, and on its territory, there cannot be a government that, by its legal-political nature, would not be a state government, which would not be derived from state power. On the territory of any sovereign state, two governments that are sovereign cannot exist simultaneously, and this is precisely what Dodik, Stevandić, and Višković claim.

According to the original Dayton, the entities are not signatories to the Dayton Peace Agreement, but rather three states: the Republic of BiH, the Republic of Croatia, and the Republic of Serbia. The entities did not even adopt the Constitution of BiH, as the aforementioned trio very often points out. The preamble of the Constitution of BiH clearly states that the Constitution was adopted by the peoples and citizens of BiH, not the entities. The entities were established by the Constitution of BiH, and the signatures of the representatives of the entities, which were established by the Constitution, represent only an expression of the undertaken obligation to consistently respect and apply the original Dayton.

The original Dayton stipulates that only the state of RBiH continues its legal existence as a state, while the entities are established and, after the entry into force of the Constitution of BiH, begin their legal existence. The entities are legally established only by the original Dayton. The original Dayton stipulates that upon the entry into force of the Constitution of BiH, the Constitution of RBiH ceases to be valid. The fact that the Constitution of RBiH was valid until the entry into force of the original Dayton, and that this fact was confirmed by the newly established entities, confirms that the entities, in a legal sense, could not have existed previously.

The legal existence of the entities was not enabled by the Constitution of RBiH, and the entities acknowledged that the Constitution of RBiH was valid until the signing of the original Dayton. By signing the Constitution of BiH, the representatives of the entities acknowledged and accepted this legal fact. Furthermore, Dodik, Stevandić, and Višković should recall that the establishment of the Serbian Republic of BiH was annulled by the Constitutional Court of RBiH.

By the original Dayton, it was legally possible to establish that only the state of RBiH continues its legal existence. The entities could not continue their legal existence because they were not legally established in accordance with the Constitution of RBiH; their existence was unconstitutional. In addition to the fact that the existence of entities was not constitutionally legally possible from the perspective of the Constitution of RBiH, the recognition of the continuation of the legal existence of entities was not possible even from the perspective of international law, because these entities, as a "de facto situation", arose as a result of the unlawful, i.e., prohibited by international law, use of force.

Dodik, Stevandić, and Višković should accept the fact that, according to the original Dayton, there are at least three final authorities that interpret the meaning and significance of certain aspects of the original Dayton, and these three authorities are neither Milorad, nor Nenad, nor Radovan.

According to the original Dayton, the final authority for interpreting the military aspect of Dayton is the Commander of EUFOR. Milorad Dodik should remember this when interpreting the mandate of EUFOR and the powers of the Commander of EUFOR. The final authority for interpreting the civilian aspects of the original Dayton is the High Representative, and Nenad Stevandić should keep this fact in mind when interpreting the mandate of the OHR. The final authority for interpreting the Constitution of BiH according to the original Dayton is the Constitutional Court of BiH, and Radovan Višković must respect this legal fact when he claims that the laws adopted by the National Assembly of Republika Srpska are constitutional, even though the Constitutional Court of BiH has declared them unconstitutional.

Therefore, Milorad, Nenad, and Radovan, accept and respect the fact that in the original Dayton, there is nothing you dream about. If you return to the original Dayton, you will certainly not see what you expect and want there. If you look closely at the original Dayton, the only thing you will see and find there will certainly not be Republika Srpska, but the Republic of BiH.

For you, but also for all citizens and peoples of BiH, it is best to stop the manipulations about returning to the original Dayton. Your path to the original Dayton will certainly lead you into an abyss, and the citizens and peoples of BiH into new uncertainty. Therefore, travel into the future and do not look back into the past. If you keep looking back into the past, you will soon realize that you have no future.

The citizens and peoples of BiH have the right to a future, and no one should be allowed to steal that future from them. As you move towards the original Dayton, you should know that at the source, you will find two small paths, one leading back, and the other leading to prison. If you reach the source, know that you will no longer be able to decide which way to go. You will certainly not be able to take the path leading back. Therefore, understand that your journey ends precisely at the source.