Calls to return to the 'original' Dayton are misleading, state institutions' competencies cannot be unilaterally abolished

By: Brian Aggeler, Head of the OSCE Mission to BiH

Today, Bosnia and Herzegovina faces the most severe constitutional crisis since the war ended nearly 30 years ago. The Dayton Peace Agreement that ended that terrible war entrusted the OSCE with a fundamental role: to help ensure lasting peace, protect human rights, and build a stable, democratic state.

In fulfilling this mandate, the OSCE not only has the responsibility but also the duty to speak out clearly and consistently when the future of Bosnia and Herzegovina is threatened.

This means condemning efforts aimed at undermining the state's constitutional structures by establishing parallel structures and banning the work of state-level institutions, thereby undermining BiH's territorial integrity.

The legal effect of these laws has been temporarily suspended by the Constitutional Court of BiH, but these actions continue to undermine BiH's sovereignty and territorial integrity by eroding state competencies and reducing the scope of legal protection for individuals and legal entities in Republika Srpska.

Although the Constitutional Court of BiH has temporarily suspended the legal effect of some of these laws, the intent behind them remains deeply concerning. Justifications calling for a return to the so-called "original" Dayton Agreement are misleading.

State institutions established with the explicit consent of the entities – as stipulated by the BiH Constitution – are essential for the functioning of the state. Once these institutions have been established at the state level, their competencies cannot simply be revoked or unilaterally abolished.

Neither the BiH Constitution nor the transfer agreements contain provisions for their expiration or unilateral withdrawal. Within the current constitutional framework, such unilateral moves are simply not legally permissible.

Dedicated public servants who continue to perform their duties in this difficult environment help maintain the functioning of the state for the benefit of all citizens. Their courage and integrity deserve strong and vocal support from all of us.

Secessionist and anti-Dayton rhetoric strikes at the very heart of the state's institutional integrity. It creates ever-deepening uncertainty, the consequences of which are difficult to predict. In this context, the role of the international community is not to impose solutions.

The responsibility lies with BiH's political leaders – to uphold the integrity of state institutions, to respect the Constitution, and to support the authority and independence of the judiciary.

The OSCE's position is clear. During her recent visit to Sarajevo, the OSCE Chairperson-in-Office, Finnish Foreign Minister Elina Valtonen, reaffirmed the OSCE's unwavering commitment to the Dayton Peace Agreement, the BiH Constitution, and state-level institutions, including the judiciary.

She also called for de-escalation of tensions. Her strong message echoed the statements of the OSCE Mission, the Chairperson-in-Office, and the Secretary General, jointly and unequivocally condemning secessionist actions and reaffirming our support for the rule of law.

The people of BiH deserve better. Quality education, a transparent and independent judiciary, reconciliation, and a stable, secure environment in which everyone can prosper. These are the areas on which the OSCE focuses and which should be a priority for responsible political leaders.

Bosnia and Herzegovina is a country with enormous potential. Despite the complexity of the current situation, the OSCE remains committed to jointly overcoming this challenge and supporting the country's success.

We will continue to cooperate with all those who work in good faith to help this beautifully diverse country progress.