The high representative of the international community in Bosnia-Herzegovina, Christian Schmidt, has again urged local politicians to resolve a dispute regarding state property in the face of continuing claims by ethnic Serbs that such property belongs to the country’s two entities and not to the Bosnian state.
Republika Srpska, the ethnic-Serb entity, which along with the Bosniak-Croat Federation makes up the Bosnian state, has tried multiple times to implement a property law that would allow it to transfer state property under its jurisdiction despite this being deemed unconstitutional.
The 1995 Dayton accords that ended the Bosnian civil war established an administrative system under which Bosnia remains partitioned between Republika Srpska and the Bosniak-Croat federation connected by a weak central government.
Republika Srpska says the property law it has come up with aims to ensure that assets located on its territory including local governments, public companies, public institutions, and other departments belong to the Serbian entity.
But Bosnia’s Constitutional Court has stated that the national parliament must adopt a property law that would be valid across Bosnia and not only in one of the country’s two entities.
Schmidt on April 25 emphasized that the decisions of the Constitutional Court are final, binding, and must be implemented since the constitution of Bosnia-Herzegovina is an integral part of the Dayton peace agreement.
“The [ethnic Serb] claims that the issue of the state property ownership was already settled in [the] Dayton [accords] are not true. This is a fundamental question that still needs to be resolved in this country. Therefore, the conclusion is a simple one: Bosnian politicians, do your work,” said Schmidt.
Ethnic Serb politicians on April 24 signed a declaration stating that the Bosnian central state does not own territory but only the external border, Bosnia’s Constitutional Court and the country’s Prosecutor’s Office are unconstitutional and illegal, and that Republika Srpska will take over all competencies “that are not directly determined by the State Constitution.”
Schmidt underscored the need for negotiations on a technical and legal level to move toward acceptable and sustainable solutions for the distribution of assets between the central state and its entities.
In response to repeated threats by Bosnian Serb leader Milorad Dodik that Republika Srpska would leave Bosnia if the property issue is not resolved in its favor, Schmidt reminded the entities that they do not have the right to secede since they legally exist only on the basis of the constitution forged in the Dayton accords.
“The sovereignty and territorial integrity of [Bosnia-Herzegovina] are unquestionable and I resolutely reject all kinds of irresponsible activities in this regard,” said Schmidt, reiterating that no borders or boundaries can be implemented within Bosnia, and that any restriction of freedom of movement is unacceptable.
Source : RFERL