Schmidt submits report to UN Security Council: 'Sejdić-Finci' and Strasbourg rulings should be implemented by domestic politicians

(Patria) - High Representative Christian Schmidt has submitted his semi-annual report on Bosnia and Herzegovina to the United Nations Security Council. However, Schmidt will not address the Security Council again, as the Russian Federation and China oppose it. Istraga.ba is in possession of this report and you can read the full content at Istraga.ba.

In his report, the High Representative briefly highlights the results of the recent elections, calling the defeat of Bakir Izetbegović in the race for the Bosniak member of the BiH Presidency "surprising." In addition to the election results, Schmidt reports to the UN Security Council on his decisions regarding the imposition of amendments to the FBiH Constitution and the Election Law. He states that he decided to use his "Bonn Powers" after negotiations on amendments to the Election Law failed.

"Political parties were engaged in a dialogue on electoral reform for several months with the aim of removing political blockages in the Federation of Bosnia and Herzegovina, with the assistance of the United States of America and the European Union. Given the failure of this dialogue and the high risk that the formation of institutions after the elections would be blocked again, on October 2nd, I made a Decision introducing amendments to the Constitution of the Federation of Bosnia and Herzegovina and a Decision on enacting the Law on Amendments to the Election Law of Bosnia and Herzegovina. This so-called functional package contains a set of measures that enable the swift establishment of legislative, executive, and judicial bodies after the elections. Regarding the voters' decision, I announced this decision after the polling stations closed and before the publication of the first preliminary election results. The decision does not affect the vote count," Schmidt wrote.

He further states that he increased the number of delegates in the House of Peoples of the Federation of Bosnia and Herzegovina "to enable the distribution of seats in a way that corrects the overrepresentation of all three constituent peoples in some cantons."

The High Representative further boasts that he "for the first time enabled Others from all cantons to be represented in the House of Peoples of the FBiH."

"However, the implementation of the rulings of the European Court of Human Rights in the Sejdić-Finci case and the functional incompatibility of the House of Peoples of the Federation – which is both a general legislative second chamber and a representative body of the three constituent peoples and Others – are beyond the scope of this decision and must be addressed by domestic political actors," Schmidt stated.

In his report, the High Representative also recalls Bakir Izetbegović's statement about "counting," and the statements of Croatian officials who "deny territorial integrity." However, Schmidt praises Dragan Čović in his report.

"However, on October 10, 2022, in a letter to the international community, Dragan Čović confirmed that 'The Croatian National Assembly of Bosnia and Herzegovina remains committed to the sovereignty, territorial integrity, and institutional integrity of Bosnia and Herzegovina, as well as to Bosnia and Herzegovina's Euro-Atlantic path,'" Schmidt stated.

Given the current political situation, Schmidt recommends "increased engagement of the international community to ensure full compliance with the General Framework Agreement for Peace and to enable key reforms."

Schmidt also addresses the decision of the Court of BiH to postpone the execution of a ruling obliging the Indirect Taxation Authority to pay 30 million marks to Republika Srpska.

"Failure to resolve these and similar issues with financial implications affects the functioning of the single indirect taxation system and confidence in its institutional structure. Furthermore, it provides an excuse for Republika Srpska to challenge state authority in indirect taxation and advocates for the return of this authority to the entities, as was shown on December 10, 2021, when the National Assembly of Republika Srpska adopted a Conclusion regarding the Information on the transfer of competencies in the field of indirect taxation," Schmidt stated.

Due to political tensions in BiH, Schmidt emphasizes that "EUFOR-ALTHEA continues to play a crucial role in preserving peace and security in Bosnia and Herzegovina, enabling my office and many other international organizations to fulfill their mandates."

"The presence of EUFOR-ALTHEA in Bosnia and Herzegovina remains indispensable," wrote the High Representative.

He further states in the report that the United States of America has sanctioned the federal Prime Minister Fadil Novalić, state prosecutor Diana Kajmaković, the President of the Federation Marinko Čavara...

He notes that the denial of genocide has decreased but that the BiH Prosecutor's Office has not prosecuted anyone for denying war crimes and genocide. He also recalls that the FBiH Government has not appointed a director of the FUP. He also notes the situation regarding the reconstruction of the cooperative in Kravica.

"Local municipal authorities in Bratunac in Republika Srpska undertook the reconstruction of Kravica, one of the sites of mass killings during the Srebrenica genocide in July 1995, where more than 1,300 Bosniak men and boys were killed. The reconstruction caused a series of sharp reactions, especially among the relatives of the victims, and brought to the fore the problem of preserving and marking sites of mass suffering. The demands to mark sites of mass graves in the wider area of Srebrenica were followed by similar calls from other Bosniak representatives throughout Republika Srpska (such as Foča, Kalinovik, and Prijedor)," Schmidt wrote.