Schmidt and Decisions: Why He Bypasses the Academy of Sciences and Arts of BiH, Which Also Has Rulings of the Constitutional Court of BiH, Half-Measures and a New Crisis!

By: A. Čorbo-Zećo

How inconsistent and questionable Christian Schmidt, the High Representative for BiH, can be in his decisions was seen in the latest example when he issued an order intended to enable the continued work of the National and University Library of BiH, which, due to unresolved legal status and funding methods, suspended services over a month ago.

With this decision, he ordered the Council of Ministers (which, incidentally, it is unknown when it will convene again) to resolve the issues of other cultural institutions of significance for Bosnia and Herzegovina.

He included: the National Museum of Bosnia and Herzegovina, the Historical Museum of Bosnia and Herzegovina, the National and University Library, the Museum of Literature and Performing Arts of Bosnia and Herzegovina, the Library for the Blind and Visually Impaired Persons of Bosnia and Herzegovina, the Cinematheque of Bosnia and Herzegovina, and the Art Gallery of Bosnia and Herzegovina.

The decision, as is known, stipulates that the Council of Ministers of BiH, within seven days, authorizes one employee of the Library to temporarily perform the duties of director, without which the institution remained, until the final appointment of the management structure.

Schmidt emphasized that his decision also applies to other institutions of significance for the state of BiH, if they find themselves in the same situation as the Library.

However, one very significant institution for the state of BiH – the Academy of Sciences and Arts of BiH – is not the subject of Schmidt's interest. This is not unusual because the Ministry of Justice of BiH is held by the HDZ BiH, more precisely the minister is Davor Bunoza.

It is then clear why Schmidt bypasses the Academy of Sciences and Arts of BiH, which is a state institution of the highest rank. Simply, where the HDZ can and must react, Schmidt does not interfere! But, he could only issue an order to comply with the decision of the Constitutional Court of BiH.

Regarding its status, the Constitutional Court of BiH issued a positive ruling, but the Ministry obstructs the decision of the Constitutional Court of BiH and rejects the request of the Academy of Sciences and Arts of BiH for registration in the Register of Legal Entities of Bosnia and Herzegovina.

Academician Esad Duraković, in a statement to Patria, notes that by closing the National and University Library, we were thrown back into a pre-civilizational era.

“The media reported – at least initially, as far as I could follow – that it was about 'unblocking' the work of these institutions. Later we could hear/read that the High Representative ordered the Council of Ministers to resolve the status of these institutions by law. That is the point. Namely, 'unblocking' is an undefined 'mechanism'. The problems arise FROM THE STATUS of these institutions, because when their status is resolved, the problem of their funding is also resolved,” says Duraković.

However, in all of this, one thing is also astonishing to him.

“Namely, the intervention of the High Representative does not include the Academy of Sciences and Arts of BiH, even though it is the highest-ranking institution in the country in the field of science and arts. In doing so, it should be emphasized that even the Constitutional Court of BiH issued a ruling that the Academy of Sciences and Arts of BiH must be registered in the Register of Legal Entities, but the relevant minister Grubeša refused to implement that ruling.

The Constitutional Court issued an order twice for the resolution of the status of the Academy of Sciences and Arts of BiH, i.e., for the implementation of the ruling, but the relevant ministry persistently refused, and without any consequences for the non-execution of the ruling of the highest judicial instance in the state.

I strongly appeal to the High Representative to include the Academy of Sciences and Arts of BiH in this intervention of his, so that its status as a state institution can be resolved by law, all the more so since a ruling of the Constitutional Court of BiH already exists on this matter,” believes Duraković.