Schmidt's Report to the UN: Krišto on the 'European Path', the 'Trojka' 'Committed', Dodik 'Undermining the Constitutional Order'

(Patria) - The Kovačević ruling, "if confirmed, will cause further divisions." BiH urgently needs to "appoint a judge in Strasbourg" to succeed judge Faris Vehabović, "whose mandate has expired".

Borjana Krišto has "shown commitment, determination, and effectiveness in advancing EU integration." The Trojka is "committed to reforms".

Željko Komšić spoke only for himself, not for the BiH Presidency, when he criticized Andrej Plenković at the UN in September...

This, along with criticism of Milorad Dodik, is the essence of the regular report that High Representative Christian Schmidt submitted to the United Nations Security Council.

Istraga.ba is in possession of Schmidt's complete report, which you can read here, and we will cover the key points of the document in the text below.

Ruling in the Slaven Kovačević Case

In reporting to the UN Security Council on the European Court of Human Rights ruling in Strasbourg in the Slaven Kovačević case, Christian Schmidt leaves room for this ruling to be overturned in the review process, stating:

"If confirmed, the ruling could further divide political parties in BiH on issues of constitutional reform, making the implementation of decisions by the European Court of Human Rights and the Constitutional Court an even greater challenge, as they require constitutional amendments".

Schmidt also problematizes the publication of the ruling on the Istraga.ba portal.

"This new ruling has provoked sharp reactions across the country, with some seeing it as a welcome end to the 'ethnocrasy' that prevails in BiH, while others consider it a serious attack on the constitutional order established by the General Framework Peace Agreement.

The sensitivity of the issue has been further amplified by the fact that, for the first time in the Court's history, the ruling and its individual elements were publicly discussed on a Sarajevo portal, making it clear that the content of the ruling had leaked before its official announcement.

BiH has since requested that the ruling be referred to the Grand Chamber for re-examination under Article 43 of the Convention," Schmidt stated, effectively aligning himself with the positions of HDZ officials.

On Vehabović and the ECHR

Although the mandate of the BiH judge at the European Court of Human Rights in Strasbourg, Faris Vehabović, expired two years ago, Christian Schmidt only problematizes this now, when the ECHR is expected to consider an application challenging his amendments to the Constitution of the Federation of BiH.

"The lack of consensus in foreign policy can also affect the ability to appoint BiH representatives to international bodies.

For example, while the mandate of the BiH judge at the European Court of Human Rights expired in October 2021, BiH has not fulfilled its obligation to forward a list of candidates to the Parliamentary Assembly of the Council of Europe for the election of a new judge from BiH," Schmidt wrote.

"Uncoordinated" Addresses

Christian Schmidt also takes issue with the addresses by Željka Cvijanović to the UN Security Council in May of this year, as well as Željko Komšić's speech at the UN General Assembly in September of this year.

Member of the BiH Presidency Željka Cvijanović, we remind you, challenged the mandate of the High Representative, while the Chairman of the BiH Presidency Željko Komšić, in addition to Schmidt's actions, also criticized Croatia's attitude towards BiH.

"Structural weaknesses in decision-making tend to hinder or obscure BiH's binding positioning in international bodies. Foreign policy is the competence of the BiH Presidency, but achieving consensus or a majority in foreign affairs within this three-member body is sometimes impossible.

Therefore, BiH's statements in international organizations sometimes reflect only the position of one of the three members of the Presidency, as was the case, for example, with the address of Ms. Željka Cvijanović, then Chairwoman of the Presidency, to the UN Security Council on May 10, 2023, or with the address of the Chairman of the Presidency Željko Komšić to the UN General Assembly on September 20," Schmidt stated.

Praise for Borjana Krišto

"The Chairwoman of the Council of Ministers of BiH, Borjana Krišto, has shown commitment, determination, and effectiveness in her work in advancing EU integration and fulfilling the outstanding requirements from the European Commission's Opinion.

She has consistently reiterated that BiH's membership in the EU represents a strategic goal of the country that enjoys consensus among all political actors and all levels of government.

On May 17, Chairwoman Krišto co-chaired a high-level forum on BiH's European integration with European Commissioner for Neighbourhood and Enlargement Olivér Várhelyi. Representatives of the legislative and executive branches at all levels attended the forum," Schmidt stated.

In addition to Borjana Krišto, Schmidt also praised the Trojka (SDP, NiP, Naša stranka).

"The promise of greater functionality is now also called into question due to the blockade of legislative activity at the state level by the ruling party from Republika Srpska.

Instead of a clear commitment to reforms, especially in the context of EU integration, the President of RS, Milorad Dodik, often limits negotiations to tactical concessions.

Partners from the Trojka within the ruling coalition, with their very committed approach to EU integration, are trying to manage this delicate situation," Schmidt emphasized.

The High Representative also praised his own measures during the formation of the FBiH Government, specifically during the one-day suspension of the FBiH Constitution when he devalued the vote of the Vice-President of the Federation from the Bosniak people.

One-Day Suspension of the Constitution - Justified

"Since the current Constitution of the FBiH did not offer a solution if the President and Vice-Presidents did not agree, I made a Decision enabling the newly elected FBiH Parliament to vote on the future Government on April 28 based on the proposal of the President and one of the Vice-Presidents of the FBiH.

The situation clearly showed the unwillingness or inability of the relevant political actors to compromise and accept responsibility towards the citizens.

An integral part of this Decision was also an Amendment to the FBiH Constitution, which will enter into force in May 2024, unless the FBiH Parliament itself adopts amendments to the FBiH Constitution to resolve this issue before then.

The amendment, which will enable FBiH to overcome similar blockades in forming a government, sets deadlines for appointing the Government and introduces new modalities for unblocking in case of failure, including the dissolution of the Parliament of the Federation and cantonal assemblies with subsequent early elections.

The period of 12 months from the Decision to the entry into force of the amendment is sufficient for the FBiH Parliament to agree on constitutional changes regarding this issue," Schmidt stated, justifying the one-day suspension of the FBiH Constitution.

In his report, the High Representative devoted most of his attention to the authorities in Republika Srpska, who do not recognize his legitimacy and legality.

"From Republika Srpska, the High Representative and the BiH Constitutional Court are particularly targeted. The aim is to undermine their ability to preserve the Dayton Peace Agreement and the constitutional and legal order of BiH.

In addition to not recognizing the Court's authority and not respecting its final and binding decisions, the Court's ability to function properly is threatened due to the failure of the House of Representatives of the FBiH Parliament and the National Assembly of Republika Srpska.

The assemblies will appoint replacements for two vacancies in the BiH Constitutional Court. These vacancies have put the Court in a position where the Grand Chamber cannot make decisions as it only has four members.

All actions of the RS Government have been accompanied by divisive and inflammatory rhetoric and demonstrations at the inter-entity line of demarcation organized by political supporters of the President of Republika Srpska.

With such behavior, Dodik has artificially and intentionally caused two political crises within six months, interrupted by an offer for 'de-escalation' of tensions that Dodik himself created.

In his statements, he continued to challenge the sovereignty and territorial integrity of BiH and threatened me with restricted access to the territory of Republika Srpska.

He has repeatedly called for the secession of Republika Srpska, for a referendum on its status by the end of 2023, and for its unification with Serbia.

However, the Government of Serbia has reiterated its commitment to the territorial integrity of Bosnia and Herzegovina," Schmidt wrote.