By: Edina Latif
'You think you are gods - you are making terrible mistake. When I was the prime minister, I thought I was God and that I was omnipotent. It was an unforgivable mistake that I paid high price for and that I would never repeat', Milorad Dodik said ten years ago, criticizing radical moves of SDS at the time. Yet, pragmatic and sly Dodik did it again.
Sanctions imposed on Dodik by the US Government, which also invited other countries to do the same, did not surprise BH public. Nevertheless, the sanctions will rock the boat in already boiling waters of BiH, and it will certainly benefit numerous politicians in their continued efforts of raising national tensions.
The message sent out 3 days ago by the Deputy Assistant Secretary for Europe and Eurasia, Hoyt Yee, was indicative of incoming sanctions.
However, as Hoyt Yee used plural, one is to expect that other politicians violating Dayton peace agreement could find themselves subject to sanctions. The US Government has issued a warning just as they previously have done with Dodik.
The list of politicians violating the Constitution of BiH has grown over the past 6 months; it now includes the Chairman and the member of Presidency BiH, Mladen Ivanic and Dragan Covic, along with many others who organized the referendum in the RS or those who have worked hard on adopting a new law on the Constitutional Court BiH, which would eliminate foreign judges from this judiciary institution.
Hoyt Yee told Voice of America that Washington, as the guarantor of the Dayton agreement, will help BH institutions to 'hold accountable and prevent individuals, politicians from harming BiH, so they won't be able to continue inflicting such damage upon the country'.
- Leaders of Bosnia and Herzegovina had signed the Dayton agreement sometime ago, and they are obliged to respect the Constitution of BiH and all country laws. That's why, every person in who tries to avoid abiding by the Dayton constitution or laws, must answer for that, Yee said.
Dodik was being warned for a long time to soften his rhetoric, to steer clear from antidayton activities, to abide by the Dayton agreement, to cooperation, to avoid creating problems...
On the contrary, as those were 'only' verbal warnings, Dodik was even encouraged to continue doing his own thing.
In January 2015, the US ambassador to BiH, Maureen Cormack assumed her diplomatic responsibility and, according to the common practice, organized a reception party for the important political guests.
Everyone noticed that all politicians from the RS came to the party but Dodik.
A few months earlier, during one of her visits to Banja Luka, reporters asked Ambassador Cormack if she would continue the practice of her predecessor of not meeting with Dodik. She said:
- It will remain the policy of the US Embassy. We are ready to meet everyone who want to work constructively for the future of BiH. Mr. Dodik's comments, ever since I arrived in BiH, have not been in line with the positive reforms that are being offered to BiH. Should that change, I would be willing to meet with him, Ambassador Cormack said in May 2015.
Dodik was told many times to give up on referendum on the Court and Prosecutor's Office BiH. The National Assembly of the RS made a decision about the referendum last summer, however, since it was not officially published in the Official Gazette of the RS, the referendum did not take place after all.
Foreign diplomats in BiH may have thought that Dodik backed off in terms of his political attitude, however, soon after - he took them by surprise. Just like he announced he would do in the Declaration of SNSD of April 2015.
The RS National Assembly adopted the decision about referendum on the Day of RS.
After the Constitutional Court of BiH pronounced 9 January 'unconstitutional holiday', the National Assembly of the RS adopted the decision about referendum on the Day of RS.
- There is no dilemma about that. There are no high representatives who can stop us, or vanity of some Bosniaks who can prevent us, Dodik said commenting the statement of the High representative, Valentin Inzko, who said that the decision of the National Assembly of the RS violated the Dayton peace agreement.
On 17 September 2016, Inzko appealed to the RS government to sustain from referendum which did not have any legal basis, and which would mean imminent breach of the Court decision.
- This is not about the RS holidays but an attempt to deny the state judiciary, Inzko said at the time.
As the ultimate authority for the implementation of civil aspects of the Peace agreement, the High Representative reiterated that the Constitutional Court is the foundation of the Annex IV of the Agreement, and as such remains of critical importance for its implementation.
- Denying its authority by holding the referendum would constitute a direct and serious violation of the General Framework Agreement for Peace, which would affect stability of the country, Inzko warned Dodik and the RS politicians.
However, Dodik did hold referendum on 25 September. Over 90% of citizens of the RS were in favor of 9 January as the Day of RS (at least that's how the results were presented as there was no real monitoring of the referendum).
The next day, High Representative sent a clear message about possible sanctions, however, Dodik did not take him seriously. Just like he did not take seriously all the previous warnings. Moreover, he continued to humiliate him with every new statement.
- This 'referendum on the Day of RS' does not have any legislative basis as it directly violates the decision of the Constitutional Court BiH. It therefore represents denying of the Constitutional Court of BiH, its decisions, the constitutional framework of the country and rule of law in BiH.
- Referendum was held in one part of the country, however, the citizens and their leaders are still faced with the same key question – how could they make better the life of BH citizens. European Union has offered BiH a chance to follow in the footsteps of their neighbors towards a greater stability and prosperity. Focus has to remain on that goal. I call upon all political protagonists on all sides to sustain from aggressive rhetoric that leads to further divisions, and to commit to the process of EU integration.
The RS government has to implement the decision of the Constitutional Court from November 2015 as soon as possible, by aligning the Law on holidays with the decision of the Court.
International community will retain the instruments for assuring the implementation of the peace agreement. In the next period of time, Inzko will have consultations with wider international community about the next steps, and report the matter to the UN Security Council, indicating the sanctions that may follow, OHR said.
In the beginning of December 2016, the governing board of PIC met and in their communique emphasized the part of information on the referendum, with separate opinion of Russia.
- Governing Board of PIC acknowledged that the Constitutional Court of BiH annulled results of the referendum on the Day of RS because it was organized on the basis of a decision which the Court did not see to be in line with the Constitution BiH, and that it contradicted the order that the Court brought as a temporary measure. The governing board of PIC requested full adherence to the relevant decision of the Court about the RS Law on holidays. They have also underlines the need to respect rule of law and authority of all institutions at the state level.
Ambassador Cormack and Deputy Assistant Secretary, Hoyt Yee, warned Dodik recently about possible sanctions. They said, inter alia, that he should respond to the call from the Prosecutor's Office that is investigating the referendum, to stop all activities relating to a new law on the constitutional court BiH (which Dodik has been working on with Dragan Covic), they also recommended him not to publish results of the referendum in the Official Gazette RS, and to delete the part relating to organizing referendum on secession from the SNSD Declaration.
Dodik continued his antidayton activities, in which he pulled the Chairman of BH Presidency, Mladen Ivanic. On 9 January, Ivanic lined up the members of the Armed Forces BiH in Banja Luka, even though both he and Dodik, including minister Marina Pendes and the entire Joint HQ of AFBiH knew that General Giselle Wilz warned about sanctions for every soldier who obeyed their order.
The result of Dodik's longtime defiance and doing his own thing is that his name ended up on the US OFAC list. He attributed the sanctions to the 'leaving US administration' and added that he never stopped respecting the United States.
Dodik has been involved in the politics since the nineties. During the war, he was a delegate in the National Assembly of the RS. In August 1995, he warned then political and military management of the RS that there was a genocide committed in Srebrenica.
He founded SNSD after the war. He has been its leader for almost 21 year.
In 1998, Dodik became prime minister of the RS. He had only 2 delegates in the National Assembly at the time. Mladen Ivanic was candidate for mandatary and he thought he could navigate the radicals towards different track, however, such concept was not acceptable to the international community so Dodik, though the weakest candidate, got appointed to the position of prime minister. The government he put together received support by the socialists within the National Assembly, also by Serb National Alliance led by Biljana Plavsic, convicted for war crimes, as well as by Bosniak delegates.
It was then that Dodik showed his pragmatic streak and the fact that he did not care who supported him (the fact that Bosniaks voted for him was qualified as treason) as long as he could get hold of power.
He was among the first politicians from the RS who requested arresting and extraditing to the Hague of Karadzic and Mladic. He did not like Biljana Plavsic in the beginning but later she became his role model. They became true friends.
He accused Karadzic of stealing missions from then National Bank, he publicly admitted the genocide in Srebrenica, and then later on tried to deny it in every possible way.
He assumed his second mandate as prime minister in 2006, only 8 months before the elections. His strategy was so good that he managed to sweep away his political opponents. He continued climbing the political ladder.
He was ready for compromise, and for agreements (every now and then) but the power went to his head and he started saying NO to everybody.
His rhetoric grew rather aggressive and nationalistic. After two mandates as the RS Prime minister, he was elected the president in 2014.
He holds the power in the RS, yet he has failed to enter the state government despite of numerous attempts of his friend Dragan Covic.