Scandal in the BiH Council of Ministers: HDZ Secretary Abolishes Bosniak Veto of Helez, Claims Konaković's Vote is Sufficient for Decisions

(Patria) - For final and executive decisions of the BiH Council of Ministers, the Chairperson and two Deputy Chairpersons no longer need to vote. It is sufficient that, if a deputy is absent, any minister from the constituent people whose deputy is not present votes.

This, in short, is the interpretation that the Secretary of the BiH Council of Ministers, Robert Vidović, gave at yesterday's session of the BiH Council of Ministers to enable a decision on purchasing a building for the Indirect Taxation Authority in Banja Luka from Milorad Dodik's godfather to be made without the presence and vote of Zukan Helez, the Deputy Chairperson, but with the vote of Minister Elmedin Konaković.

- That's correct. This is a precedent. But it means that in the future, we too will be able to seek Serb and Croat individuals loyal to Bosnia and Herzegovina whose vote in the BiH Council of Ministers will be sufficient for adopting certain decisions - Zukan Helez, Deputy Chairperson of the BiH Council of Ministers and BiH Minister of Defence, told Istraga.ba.

And here is what it is all about.

"The Council of Ministers adopts acts within its jurisdiction by a majority vote of the members present and voting on all issues and topics that are finally decided by the Parliamentary Assembly of Bosnia and Herzegovina in further procedure.

On other issues, the Council of Ministers, as a rule, decides by consensus of the members present and voting, especially on regulations, appointments, and assignments within the scope of the Council of Ministers, its Rules of Procedure, and its interpretation.

In the event that consensus is not reached, the Chairperson of the Council of Ministers convenes the member or members of the Council of Ministers who are against it in order to reach a solution.

In the event that consensus is not reached within seven days in this manner either, the decision is made by the Council of Ministers in accordance with paragraph (1) of this Article, with the aforementioned majority implying the vote of at least one member from each constituent people," reads Article 18 of the Law on the Council of Ministers of BiH.

This means that decisions that do not take effect when adopted by the Council of Ministers (decisions that go into parliamentary procedure) are made by a simple majority, regardless of ethnic affiliation.

However, decisions that take immediate effect are made by the Council of Ministers with a simple majority, and within that simple majority, there must be at least one vote from each constituent people.

When Croats from pro-Bosniak parties (Slavko Matanović, DF Minister of Transport and Communications) were members of the BiH Council of Ministers during the 2014-2018 mandate, the Secretariat of the BiH Council of Ministers, referring to Miroslav Lajčak's interpretation, stated that only that one vote from each constituent people must actually be the vote of the Deputy Chairperson of the Council of Ministers.

In practice, this meant that for all final and executive decisions of the BiH Council of Ministers, Chairperson Borjana Krišto and her deputies Zukan Helez and Staša Košarac had to vote.

However, since Deputy Chairperson of the BiH Council of Ministers and BiH Minister of Defence Zukan Helez could not attend the session of the Council of Ministers on Friday, and did not authorize anyone to replace him, the HDZ Secretary of the BiH Council of Ministers, Robert Vidović, gave the interpretation that the "Bosniak vote" does not have to be Zukan Helez's vote, but the vote of the present Minister of Foreign Affairs of BiH, Elmedin Konaković, is sufficient.

- Only if Helez doesn't come. And what is true is that this mechanism has never been used in my mandate, but it is allowed and not contrary because it was established by the High Representative - Vidović said at the session of the BiH Council of Ministers.

Vidović, in fact, referred to the High Representative's decision from 2007.

OHR's interpretation from 2007

Therefore, since Minister Helez did not attend the session, and did not authorize anyone, Vidović interpreted that Konaković's vote as the only present Bosniak was sufficient.

Minister Helez, Istraga.ba has learned, requested that the session of the BiH Council of Ministers not be held on Friday, but be postponed to Monday so that the Ministry of Defence could prepare all the necessary documentation related to the procurement of helicopters and other assets for the Armed Forces of BiH.

The adoption of these decisions in the defense sector was Helez's prerequisite for supporting the decision to allocate 32 million marks for the purchase of a building for the needs of the ITA from Mile Radišić, Milorad Dodik's godfather.

However, Chairperson Krišto decided that the session would be held. Of the Bosniak ministers, only the Minister of Foreign Affairs of BiH attended, who voted for all decisions, although, formally, he is not the Deputy Chairperson of the Council of Ministers.

Thus, money was approved for the purchase of the building from Dodik's godfather, while for the procurement of helicopters for the Armed Forces of BiH, a conclusion was adopted stating that the issue of helicopters would be resolved later.