BiH Airspace Under Threat: Unions Warn of Consequences of Arbitral Award

(Patria) - Representative unions operating at the BHANSA level express deep concern and outrage over the situation facing the Air Navigation Services Agency (BHANSA), caused by the non-execution of the arbitral award in the case of Viaduct d.o.o. Portorož against Bosnia and Herzegovina.

Regardless of the fact that BHANSA was not a party to this dispute, the consequences have been directly inflicted on the Agency and all its employees. Due to the blocking of funds from Eurocontrol, its basic functioning is jeopardized.

It should be noted that the revenue BHANSA generates from route charges (overflights) represents over 90% of all BHANSA's revenues. The fact that must not be overlooked is that in the past year 2024, BHANSA paid over 19.2 million convertible marks into entity budgets based on various contributions, and the projection based on the first two months of 2025 is that this amount will exceed 20.3 million convertible marks in 2025, while as an institution it took ZERO convertible marks from the budget.

If this blockade continues, BHANSA will no longer have funds for the regular maintenance of critical technical equipment, nor for covering current operational costs, including fuel, utilities, services, contracts, and basic logistics necessary for the continuous provision of air navigation services. This means a complete collapse of a system that must function 24/7 – without exception.

Air traffic controllers perform one of the most responsible and demanding jobs in society. Every decision they make must be precise, timely, and infallible. The conditions in which they currently work are far from those that allow full concentration and professional security – because the uncertainty regarding salaries, the future, and the stability of the institution they work for creates constant pressure that is difficult to ignore.

We emphasize: long-term exposure to stress and insecurity can also have consequences on workers' capacity to perform their duties in accordance with the highest safety standards. Although all our members strive to maintain professionalism and focus, systemic neglect creates an environment that does not guarantee sustainability. It is not only the livelihood of air traffic controllers in Bosnia and Herzegovina that is threatened, but also that of all BHANSA employees, and this is something we must not allow.

Therefore, with full responsibility, we assert: THE SAFETY OF AIR TRAFFIC IN BOSNIA AND HERZEGOVINA IS SERIOUSLY THREATENED.

This is not just an internal issue – it is a matter of international responsibility, integrity, and safety. Our airspace is not only ours – it is part of the global network, and everything that happens in it has direct consequences for the international aviation system.

In this context, we wish to emphasize that the Air Traffic Controllers' Union in BiH and the Air Traffic Controllers' Association in BiH have already informed the international organizations of which we are members – ATCEUC and IFATCA – about the seriousness of the situation. These organizations have not only expressed their full support but have also taken concrete steps at the international level to finally bring the ratification of the agreement in the Belgian Parliament on Eurocontrol's immunity from enforcement by third parties to a conclusion, so that such situations do not recur in the future.

Furthermore, the representative unions in BHANSA and the Air Traffic Controllers' Association in BiH have already addressed domestic institutions, demanding urgent action. Also, both ATCEUC and IFATCA have contacted both domestic and international institutions, including the Office of the High Representative (OHR) and the Human Rights Ombudsmen, requesting their urgent intervention and protection of the basic rights of BHANSA employees.

Based on the information presented to the public after the extraordinary session of the Council of Ministers on April 11, 2025, we consider it completely unacceptable that BHANSA employees are being dragged into this whole story.

Due to all the above, the representative unions and the Air Traffic Controllers' Association in BiH call on the Council of Ministers and the Ministry of Finance to fulfill their obligations without delay, in a way that the acquired rights of BHANSA employees are not degraded in any way. We demand that until a decision on settling the debt to Viaduct is made, Article 23 of the BHANSA Law be applied, which was adopted by the Parliamentary Assembly of Bosnia and Herzegovina at the 53rd session of the House of Representatives, held on May 13, 2009, and at the 29th session of the House of Peoples, held on May 20, 2009, which states:

ARTICLE 23. (COVERAGE OF LOSS)

IN THE EVENT OF THE INABILITY TO COVER COSTS INCURRED BY THE AGENCY IN PROVIDING AIR NAVIGATION SERVICES, THE INSTITUTIONS OF BOSNIA AND HERZEGOVINA SHALL BEAR THE UNCOVERED PORTION OF THE COSTS.

BHANSA employees are not to blame for the newly arisen situation, nor is it normal to expect them to agree to repay debts that BHANSA did not create.
BHANSA employees have no responsibility nor connection to the debts towards Viaduct, and there is no justification for their funds to be used to remedy others' debts. Such a decision would be an extremely unfair, unfounded, and dangerous practice that would open the door to similar irresponsible moves in the future.

If this problem is not urgently resolved, the unions will, in accordance with the law, be forced to initiate all available mechanisms for the protection of their members and their rights, fully aware of the gravity of such a decision and its possible consequences.

Our job is to save human lives. Now we demand that someone finally protect ours, the BHANSA unions point out.