Schmidt wrote to Stevandić regarding the Declaration: You are undermining the Dayton Peace Agreement, I will not hesitate to use measures

(Patria) - High Representative Christian Schmidt sent a letter to the President of the NSRs, on the eve of the session of the NSRs, which had on its agenda the Declaration on the Protection of National and Political Rights and the Common Future of the Serb people", a letter to the President of the entity parliament Nenad Stevandić, in which he clearly stated that the Declaration contains several problematic conclusions that are in direct contradiction with the Dayton Agreement. The Declaration was adopted by a majority vote of the National Assembly deputies at the session.

We publish the letter, which was published by Oslobođenje , in its entirety:

"I am writing to you on the eve of the session of the National Assembly of Republika Srpska, which, as I have been informed, is scheduled to be held starting July 2, 2024. During this session, the "Declaration on the Protection of National and Political Rights and the Common Future of the Serb People" (Declaration), proclaimed on June 8, 2024, will be on the agenda of the National Assembly for consideration and voting.

This prompted me to write to you as the President of the National Assembly of Republika Srpska and, after reading the Declaration, to draw your attention and the attention of the deputies in the National Assembly to the legal situation and constitutional position of Republika Srpska as an entity of the state of Bosnia and Herzegovina and to its competencies.

Republika Srpska is an integral part of Bosnia and Herzegovina and is protected by the General Framework Agreement for Peace and its Annex 4, i.e., the BiH Constitution. The Constitution of Republika Srpska defines Republika Srpska as a multi-ethnic entity of the three constituent peoples, Serbs, Bosniaks, and Croats, and Others, with an explicit clause prohibiting discrimination against anyone. Republika Srpska owes respect to all its citizens. There is a constant obligation to respect this.

Although Article 4 of the Constitution of Republika Srpska provides for special relations with the Republic of Serbia, this right is conditioned by the framework established in the BiH Constitution (Article III/2).

Accordingly, the cultural and ethnic identity of Serbs must be respected by all, just as the cultural and ethnic identity of Bosniaks and Croats and Others must also be respected by all.

Based on what we can read, the Declaration contains several problematic conclusions that are in direct contradiction with the provisions of the General Framework Agreement for Peace and its annexes, particularly Annex 4 and Annex 10.

As I emphasized at the very beginning, according to the constitutional framework of BiH, Republika Srpska is a multi-ethnic entity in which the three constituent peoples (and Others) are equal, and its authorities do not represent exclusively the Serb people. The Declaration does not recognize this constitutional principle. This principle is also incorporated into the Constitution of Republika Srpska in its Article 1. Furthermore, entities do not have the right to secession.

Allow me to clarify that Republika Srpska is neither a signatory to the General Framework Agreement for Peace nor has the right to introduce unilateral interpretations of this agreement and its annexes. Membership in the European Union is the ultimate goal of the state of Bosnia and Herzegovina, which is becoming more concrete after the historic decision of the European Council of March 21 this year. It is not by chance that entities are invited to act separately in this regard, but entities are actually an integral part of the state of BiH. Any other interpretation would lead to significant unrest on the part of the international community, especially among European countries.

The formulations contained in conclusions 18 to 25 indicate a unilateral interpretation of Annex 4 and Annex 10 of the General Framework Agreement for Peace that is not in accordance with its provisions nor with the interpretation given by the institutions competent for its implementation and execution. This includes the High Representative, who, according to Annex 10 of the Dayton Agreement, is the final authority regarding the interpretation of the Agreement on the Civil Implementation of the Peace Agreement, but also the Constitutional Court, which has made decisions on most of the issues considered violations of the General Framework Agreement for Peace in the Declaration.

In its communiqué of June 20, the Peace Implementation Council Steering Board clarified that, although Republika Srpska is not a signatory to the General Framework Agreement for Peace, "The Parties to the Agreement have committed to fully respect the sovereign equality, territorial integrity and political independence of Bosnia and Herzegovina and to fully respect and promote the fulfillment of the obligations undertaken by the annexes of the General Framework Agreement for Peace, including its Constitution".

Conclusion 29, which recognizes that Sretenje, i.e., February 15, should be both the Day of Statehood of the Republic of Serbia and the Day of Statehood of Republika Srpska, is also problematic. Without going into detail, I must emphasize that the Entity Day is not the Day of Statehood.

The BiH Constitutional Court has clearly ruled in the past that designating such a day in a way that represents the historical heritage, traditions, and customs exclusively of the Serb people leads to placing members of the Serb people in a privileged position compared to Bosniaks and Croats, Others, and citizens of Republika Srpska, and that it is unconstitutional. The Day of Celebration in honor of Republika Srpska must apply to all its citizens. In addition, there should be a constructive way to celebrate the cultural and ethnic identity of each people or ethnic, cultural, or religious group.

Given the problematic elements of the Declaration, its adoption by the entity parliament of Republika Srpska would constitute an official act that would call into question the obligations and responsibilities of Republika Srpska towards the General Framework Agreement for Peace.

Allow me to reiterate that the peace agreement not only protects the sovereignty, territorial integrity, and internal administrative structure of BiH, but also the very existence of Republika Srpska. The Peace Implementation Council Steering Board was very clear on this issue when it stated in its latest communiqué of June 20 that:

Sovereignty belongs to Bosnia and Herzegovina as a single state, whose territorial integrity is guaranteed by the General Framework Agreement for Peace. Entities within Bosnia and Herzegovina are not states; they exist exclusively on the basis of the BiH Constitution and have no sovereignty of their own. Therefore, the PIC SB calls on the ruling coalition in RS to cease all activities that undermine the state, its authorities, and its multi-ethnic character. The PIC SB reiterates that the international community retains the necessary instruments to ensure compliance with the General Framework Agreement for Peace.

I call on the authorities of Republika Srpska to seize the opportunities offered by the EU integration process to achieve progress, improve economic development, raise living standards, and accelerate and expand reforms for the benefit of the citizens of Republika Srpska, instead of continuing with policies aimed at undermining the foundations of the Dayton Peace Agreement. However, I would like to be clear that it is part of my mandate to oppose any threat to the sovereignty and territorial integrity of the state, as well as any attempt to undermine the constitutional and legal order of BiH and its institutional framework, stability, and functionality. Therefore, in the case of legislative acts arising from this Declaration, I will not hesitate to inform the Steering Board of the Peace Implementation Council and to take appropriate and decisive measures in accordance with my mandate.

Finally, I also call on the authorities of Republika Srpska to reconcile with the past and promote reconciliation, which is a key component of sustainable peace based on the Dayton Peace Agreement, as well as an embodiment of the principles and values of the European Union.

The European Union, since its inception, has been and remains a project of peace and reconciliation that promotes the principle of "unity in diversity." It is not a project of segregation and intentional misinterpretation. Therefore, I urge you to keep this in mind in order to avoid useless and problematic complications, states the letter signed by Christian Schmidt.