Op-Ed by Ambassador Brian Aggeler on current situation in Bosnia and Herzegovina

Today Bosnia and Herzegovina is facing the most serious constitutional crisis since the end of the war nearly thirty years ago. The Dayton Peace Agreement that ended that devastating war entrusted the OSCE with a vital role: to help secure lasting peace, protect human rights, and support building a stable, democratic state.

In fulfilling this mandate the OSCE not only has the responsibility, but the duty to speak up – clearly and consistently - when the future of Bosnia and Herzegovina is at risk.

And that means condemning efforts to undermine the country’s constitutional structures through the establishment of parallel structures and banning of the work of State-level institutions, undermining the territorial integrity of BiH.  The legal effect of such laws was temporarily suspended by Constitutional Court of BiH, but these actions are continuing to threaten the sovereignty and territorial integrity of BiH by undermining State competencies, and diminish the scope of legal protections for individuals and business in Republika Srpska. 

Although the Constitutional Court of BiH has temporarily suspended the legal effect of some of these laws, the intent behind them remains deeply troubling. Justifications that invoke a return to the so-called “original” Dayton agreement are misleading. State institutions established with the explicit consent of the Entities - as stipulated by the BiH Constitution - are very much necessary for the functioning of the State. Once these institutions have been established at the State level, their competences cannot be simply revoked or terminated unilaterally. Neither the BiH Constitution nor the transfer agreements include provisions for their expiration or one-sided withdrawal. Under the current constitutional framework, such unilateral moves are simply not legally permissible.

The dedicated public servants who continue to carry out their duties in this difficult environment are helping to keep the State functioning for the benefit of all citizens. Their courage and integrity deserve strong and vocal support from all of us.

Secessionist and anti-Dayton rhetoric and actions strike at the very core of the country’s institutional integrity. They create deepening uncertainty, the consequences of which are hard to predict. In this context, it is not the role of the international community to impose solutions. Responsibility lies with BiH’s political leaders – to uphold the integrity of State institutions, to respect the Constitution, and to support the authority and independence of the judiciary. 

The OSCE’s position is clear. During her recent visit to Sarajevo, the OSCE Chair-in-Office, Finnish Foreign Minister Elina Valtonen, renewed the Organization’s unwavering commitment to the Dayton Peace Agreement, the BiH Constitution, and to State-level institutions, including the judiciary. She also called for a de-escalation of tensions. Her strong message echoed statements made by the OSCE Mission, the Chair-in Office and the Secretary General, jointly and unequivocally condemning secessionist actions, and re-affirming our support for the rule of law.

The people of BiH deserve better. They deserve quality education, a transparent and independent judiciary, reconciliation, and a stable, secure, environment where everyone can thrive. These are the areas the OSCE focuses on, and these should also be the priorities for responsible political leaders. 

Bosnia and Herzegovina is a country of immense potential. Despite the complexity of the current situation, the OSCE remains committed to navigating it together and supporting the country’s success. We will continue to engage with all those working in good faith to help the this wonderfully diverse country move forward.