Schmidt prepared report for UN Security Council: Ban on disposing of state property blocks development projects!?

(Patria) - High Representative Christian Schmidt in the latest semi-annual report to the United Nations Security Council addressed events from April to October this year, marked by a crisis initiated by the now former President of Republika Srpska, Milorad Dodik.

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WE MUST STOP THEM Schmidt and Nikšić's plan means legalizing division and the end of the state of Bosnia and Herzegovina!

Written by: Rasim BelkoWhen the High Representative in his report to the Security Council begins talking about “the need to ease the ban on disposing of state property,” it is clear that no reform is being prepared, but rather the ground for legalizing theft. I

Schmidt in the report emphasizes that Dodik's actions were not isolated incidents solely triggered by the verdict of the Court of Bosnia and Herzegovina and the revocation of the RS President's mandate as a consequence, writes istraga.ba

“They represent the latest moves in a long-standing political strategy, planned and prepared far in advance,” wrote Schmidt.

He states that fears that security agencies would be drawn into the conflict were short-lived.

“Although the risk still exists, the dispute remained limited to the political sphere. The transformation of military power into political structures, achieved by the General Framework Agreement for Peace, has once again proven effective. The stabilizing role of the European Union Force (EUFOR) in this regard and the decision to increase the number of troops on the ground must not be underestimated,” the High Representative points out.

On the other hand, he believes that these attacks on the Dayton Peace Agreement have come at a cost, both politically and institutionally.

“Bosnia and Herzegovina has found itself in a structural crisis, which has geopolitical consequences,” the report states.

He believes that the decisions of the Constitutional Court of BiH and the Central Election Commission in the context of annulling laws adopted by the National Assembly of Republika Srpska (NSRS) and the measures imposed against Dodik sent a strong message that attacks on the Dayton Agreement, the Constitution, and the laws of BiH carry legal consequences.

“Although the state judiciary responded decisively to actions taken in the name of the Republika Srpska entity, the functionality of other institutions was compromised. The coalition at the state level collapsed, with the parties of the Troika leaving the alliance with the SNSD, while the HDZ and SNSD resisted the restructuring of the Council of Ministers. The coalition formed after the 2022 elections, which relied on the need to find compromise for progress on the EU path, could not survive the ultimatums and threats against the state made by the SNSD. The Parliamentary Assembly of Bosnia and Herzegovina remained paralyzed, while the work of the Council of Ministers did not yield the expected results,” Schmidt states.

He added that the SNSD's agreement to participate in early elections for the President of the RS and the adoption of the Reform Agenda may indicate that the party wants to emerge from isolation.

“Further developments regarding this issue must be monitored,” Schmidt said.

Speaking about the “Kovačević” verdict delivered by the Grand Chamber of the European Court of Human Rights, he said it should be understood as an indicator that constitutional and institutional issues should be discussed by politicians in BiH, rather than being “imposed from outside.” A rather strange conclusion from the High Representative, given that he did precisely the opposite by imposing amendments to the FBiH Constitution and the BiH Election Law on October 2, 2022.

“However, the decision shows that the adjustment of the constitutional structure of Bosnia and Herzegovina will come from Bosnia and Herzegovina itself and will not be imposed from outside,” Schmidt said.

He believes that international institutions in BiH must not be shut down in order to preserve security and peace in the country.

“This is also a guarantee in a country that remains unstable and susceptible to geopolitical divisions. In this context, the implementation of the conditions included in the 5+2 Agenda is delayed and could provide proof that Bosnia and Herzegovina is self-sustaining,” the report states.

In the continuation, he also spoke about the issue of state property.

“The issue of state property stands out as a matter requiring our attention. The current situation, in which the disposal of that property is prohibited due to a decision of the Constitutional Court of Bosnia and Herzegovina, puts those who respect the rules at a disadvantage. Due to a higher level of compliance with the Constitutional Court's decision and the ban on disposal, the Federation of Bosnia and Herzegovina is more exposed to negative economic consequences that could lead to a complete standstill. In the current political context, it is unrealistic to expect that a comprehensive solution on the distribution of state property can be reached at the state level with the consent of the Republika Srpska authorities. However, it is important for Bosnia and Herzegovina that the ban on disposal is eased to ensure that authorities that respect the rule of law are not punished and prevented from launching development projects,” Schmidt said.

In the continuation, he states that the current legal situation has led to serious legal uncertainty, and even to a blockade of the implementation of projects at the entity, cantonal, and local self-government levels.

“This is particularly the case in the Federation of Bosnia and Herzegovina, where the authorities are making efforts to respect the so-called ban on disposing of state property and the relevant decisions of the Constitutional Court of Bosnia and Herzegovina, while the Republika Srpska authorities continue to openly violate them. Consequently, calls from domestic authorities in the Federation of Bosnia and Herzegovina for a swift resolution of this urgent issue have increased, including the introduction of amendments to the so-called ban on disposing of state property. These amendments, it is argued, could enable the implementation of numerous currently blocked projects and help mitigate negative economic consequences,” Schmidt states.

He emphasizes that the Prime Minister of the FBiH, Nermin Nikšić, submitted to him an official Initiative for amendments to the ban on disposing of state property, which would provide exceptions allowing the implementation of infrastructure projects.