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    Bosnia and Herzegovina’s Complicated Puzzle

    On Friday, December 10, the parliament of the Republic of Srpska, one of the constitutive entities of Bosnia and Herzegovina, adopted a Declaration on Constitutional Principles that states that the legislation imposed by the high representative in Bosnia and Herzegovina should be considered unconstitutional since the required procedure was not followed. The parliament also adopted conclusions by which it withdraws the formerly given consent to delegate some of Republic of Srpska’s authority to the state of Bosnia and Herzegovina.

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    The same conclusions also require the government to propose adequate legislation within six months, which would enable normal functioning in view of the transfer of authority and competencies, formerly given to the federal level, back to the Republic of Srpska. The opposition parties criticized this move as a risky one, which can potentially bring more harm than good.

    Postwar Design

    This news provoked outrage in the centers of Western political power as well as in many mainstream Western media. The European Union and the governments of the US, UK, Germany and France have condemned these conclusions, calling for the respect of the Bosnian state institutions and the Dayton Peace Agreement that ended the war in the former Yugoslav Republic of Bosnia and Herzegovina and established the state in its postwar design.

    This may seem a somewhat paradoxical situation given that the Western governments that criticize the leadership of the Republic of Srpska affirm the Dayton Accords, while the leadership in Banja Luka and especially Milorad Dodik — the Serb member of the collective presidency of Bosnia and Herzegovina, by far the strongest political figure in the Republic of Srpska — likewise express their unreserved support Dayton. Dodik has repeatedly claimed that the only way for Bosnia and Herzegovina to continue to exist as a state is the return to the Dayton Agreement and stick to all its articles.

    The problem, however, is not simply a formal one. It is deeply political. The current crisis was triggered by the former high representative in Bosnia and Herzegovina, Valentin Inzko, who outlawed the denial of the Srebrenica massacre as well as any questioning of the qualification of this crime as genocide.

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    This was the last straw that broke the camel’s back, as it were, leading the leaders of the Bosnian Serbs immediately to declare that if this legislation — perceived as anti-Serb — is not annulled, they would take steps toward protecting Bosnian Serbs and their entity from illegitimate and oppressive measures coming from the Office of the High Representative. The high representative is best described as the foreign governor of Bosnia and Herzegovina — acting, in reality, as an exponent of the most influential Western governments — with enormous powers and no democratic legitimacy. 

    The Dayton Agreement may have put an end to the war back in 1995, but it created a state which, in one sense, was stillborn. The Bosnian–Herzegovinian Serbs obtained the Republic of Srpska, with which they have primarily identified ever since. Bosnian–Herzegovinian Croats, as the third major ethnic/national community in Bosnia and Herzegovina — although much smaller than the Muslim/Bosniak and Serb ethnic/national groups — ended up without their own entity within the newly established Bosnia and Herzegovina.

    Instead, they were included into the Federation of Bosnia and Herzegovina as the other constitutive part of the state of Bosnia and Herzegovina, in addition to the Republic of Srpska. This is what is still provoking dissatisfaction among many Bosnian Croats and the reason why many, if not the majority of them, perceive Croatia, not Bosnia and Herzegovina, as their “home” country.

    Small Yugoslavia

    This means that only among Bosnian Muslims/Bosniaks one can find an overwhelming commitment to Bosnia and Herzegovina. In this political dynamic lies the reason why many Bosnian Muslim/Bosniak politicians advocate for a unitary state — and the eventual dissolution of the Republic of Srpska by taking away its key competencies — and for the abandoning of any ethnic/national principles in the election of political representatives under the pretext that this is in accordance with liberal-democratic principles.

    However, this is precisely what is perceived as a threat among many Bosnian Serbs and Croats, since the Muslim/Bosniak ethnic group is the largest one, which means that in practice it would be able to impose its will unto the other two major ethnicities and the institutions that were initially designed to prevent such discrimination.

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    This means that the “small Yugoslavia,” as Bosnia and Herzegovina used to be called because of its diverse religious and ethnic landscape reminiscent of Yugoslavia as a whole, is facing similar problems that former (big) Yugoslavia failed to resolve. The position of Muslims/Bosniaks (and their leadership) in Bosnia and Herzegovina can be seen in parallel to the position of Serbs in Yugoslavia.

    As the Serbs were the biggest ethnic group present in significant numbers in most Yugoslav republics, the overwhelming majority of Serbs were in support of Yugoslavia as a state. This, however, was perceived by many other ethnic communities as potential oppressiveness. The Serbs thus ended up being the only ones trying to save Yugoslavia from dissolution.

    Similarly, Muslims/Bosniaks in Bosnia and Herzegovina, being the biggest ethnic/national community, perceive Bosnia and Herzegovina as their country and are trying to centralize and preserve it at all costs, even though this is perceived as oppression by the members of other ethnicities. For many Bosnian Serbs, the survival of Bosnia and Herzegovina is also a question of principle. They often posit the question that if former Yugoslavia could collapse and new states be established from its constitutive parts, why can’t the same happen in Bosnia and Herzegovina?

    Here we come to another major piece of the complicated Bosnian puzzle: the international factor. It was the Western governments — and primarily the US — under whose auspices postwar Bosnia and Herzegovina was created, with its highly inefficient structures and with the Office of the High Representative who, over time, obtained pharaonic powers. Naturally, the governments of the countries that have sponsored this arrangement are unwilling to admit that the whole experiment was a tremendous failure and that their interventions have actively prevented the development of democracy in Bosnia and Herzegovina.

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    In addition, Bosnia and Herzegovina, just as the Balkans as a whole, is also the terrain for bigger games and powerplay between the US-led alliance (which, in reality, is much less coherent than it is claimed), Russia and Turkey. Western politicians and the media are trying to explain the situation to the Western audience by blaming the local politicians, especially the Bosnian Serb leadership, as pro-Russian. What they are selling to their citizens is the story that everything will be fine as soon as the old politicians go and new ones, loyal to the West, take over.

    However, blaming everything on corrupt and irresponsible political elites will not resolve the structural problems that are, to a large extent, created by generous Western support. Yes, political elites — and not only in the Balkans — tend to be corrupt, irresponsible and ready to exploit people’s misery and nationalistic sentiments to their own advantage. This is, however, only one dimension to the complex story that tends to be grossly oversimplified in the mainstream Western media. The real problems are deeper, and the policies of influential Western governments are still only adding fuel to the fire.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Is Dissolution a Solution for Bosnia and Herzegovina?

    The latest crisis in Bosnia and Herzegovina was provoked by the outgoing high representative, the Austrian diplomat Valentin Inzko, and his July move to enact the amendment to the country’s criminal code. Among other things, Article 1 (Amendment to Article 145a of the Criminal Code) specifies that whoever denies the crime of genocide, crimes against humanity or a war crime as established by the International Criminal Tribunal for the former Yugoslavia (ICTY) or a court in Bosnia and Herzegovina may face up to five years in prison.

    The article also states that “whoever gives a recognition, award, memorial, any kind of memento, or any privilege or similar” to a person sentenced for genocide, crimes against humanity or a war crime will be punished by imprisonment for a term “not less than three years.” Decisions made by the high representative have the power of state laws.

    In Republika Srpska, one of the constitutive parts of Bosnia and Herzegovina, this move is perceived as a direct attack on the leadership in Banja Luka. The reason is the disputed qualification of the July 1995 Srebrenica massacre, where, according to some estimates, more than 8,000 Muslim Bosniak men were killed by the Bosnian Serb forces. In a number of rulings, the ICTY qualified the massacre as a genocide. While Republika Srpska does not deny the existence of the crime, it contests the genocide designation.  

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    Many scholars have questioned the validity of such a categorization in view of the Convention on the Prevention and Punishment of the Crime of Genocide and the way this term has been used in legal practice prior to the ICTY ruling. The 2020 concluding report by the Independent International Commission of Inquiry on Suffering of All People in the Srebrenica Region Between 1992 and 1995, produced by a group of 10 international scholars from countries like Israel, US, Nigeria, Germany and Japan, among others, was the latest to raise concerns around the use of this terminology.

    In response to the decision of the high representative, Milorad Dodik, the Serb member of the presidency of Bosnia and Herzegovina, called for a meeting of the parliament of Republika Srpska in order to come up with a legal response to Inzko’s decision, which would render this, as well as any future decisions by the high representative, ineffective in its territory. Dodik also threatened, not for the first time, to proclaim the independence of Republika Srpska if the pressures and attacks from the office of the high representative, together with those coming from the federation, continue.

    An Impossible Situation

    Bosnia and Herzegovina, once a constitutive part of the Socialist Federative Republic of Yugoslavia, was established as an independent state by the General Framework Agreement for Peace in Bosnia and Herzegovina, known as the Dayton Peace Agreement, concluded in Dayton, Ohio, on November 21, 1995, and signed in Paris on December 14 that year.

    The Dayton Accords put an end to the armed conflict that followed the disintegration of Yugoslavia, in which about 100,000 people lost their lives. It created a complicated and highly inefficient state consisting of two entities, each with its own government: Republika Srpska, with Serbs as the ethnic and majority, and the Federation of Bosnia and Herzegovina, with Muslims/Bosniaks — since the 1990s, many (former) Muslims in Bosnia and Herzegovina identify ethnically as Bosniaks — as the majority and Bosnian Croats as a constitutive ethnic group, yet in reality an ethnic minority.

    Later on, the federation was further split into 10 cantons, each with its own government. In addition to the two parliaments, there is a parliamentary assembly at the level of Bosnia and Herzegovina, which consists of the House of Peoples and the House of Representatives. In theory, the country’s highest executive body is the collective presidency that consists of three members from each of the major ethnic groups and decides by consensus, which, in practice, means that its work is often blocked. However, the real sovereign in Bosnia and Herzegovina is not its people, the parliament or the presidency, but the high representative.

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    Annex 10 of the Dayton Accords instituted the Office of the High Representative. Initially envisioned as an international chair with the mandate to oversee the implementation of the agreement, the office was radically transformed in 1997 with the so-called Bonn Authority, when the Peace Implementation Council gave the Office of the High Representative almost limitless powers in Bosnia and Herzegovina without any democratic legitimacy. Using the power granted to them by the Bonn agreement, many representatives have behaved as colonial governors, vetoing and overruling decisions made by local authorities at all levels of government, removing democratically elected officials, and arbitrarily changing state legislation.

    Bosnia and Herzegovina found itself in an impossible situation. Its highly dysfunctional political system is often criticized in the West for the lack of democracy, transparency and accountability, and yet the Western powers fully support the Office of the High Representative that, itself undemocratic, only prevents the development of democratic institutions in the country.

    Conflicting Visions

    In addition to this already complicated institutional setup, it is clear that visions for the future of Bosnia and Herzegovina sharply differ between its two constitutive entities. In Bosnia and Herzegovina — especially among the Muslim/Bosniak majority — there is strong support for a unitary state, the prerequisite of which would be the disintegration of the two entities mandated by the Dayton Accords.

    On the other hand, the leaders of Republika Srpska, enjoying strong popular support, see its existence, with all of the competencies initially bestowed upon it, as the prerequisite for the existence of Bosnia and Herzegovina, as established in Dayton. Every attempt to diminish Republika Srpska can only lead to the disintegration of Bosnia and Herzegovina. If done violently, it can lead to a new war.

    In this highly charged atmosphere, the question of how to describe the Srebrenica massacre is extremely important. Republika Srpska has often been called a “creature of genocide” by many local Bosniak politicians and journalists. In Banja Luka, this is perceived as a way of delegitimizing Republika Srpska. For this reason, there is a fear that popularizing the term “genocide” as a way of describing the massacre — and now outlawing any questioning of this qualification — may be used as a political instrument against Republika Srpska with the intent to create a unified Bosnian state in which the Serbs would be marginalized and oppressed.

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    Bosnia and Herzegovina, no doubt, represents an epic failure of Western policies toward the region. It is a dysfunctional state, in which local nationalist elites on all sides don’t need a political program to be reelected; the mere existence of nationalist elites in one entity has been sufficient to keep them in the position of power in the other. A significant number of Bosnia and Herzegovina’s citizens do not perceive this state as their country. With two fundamentally conflicting visions for the future, the only way to keep a pretense of a functioning state is through the existence of the undemocratically appointed foreign governor.

    In such a situation, one cannot but wonder why Western powers consistently obstruct any discussion of alternative options for Bosnia and Herzegovina. Is it because opening that question would expose decades of their ineffective and highly destructive policies toward both the country and the region? Or is this instability in the interest of both those Western centers of political and economic power as well as local political elites?

    Given the deadlock and the level of tension generated and perpetuated by the mainstream media, it seems that a peaceful dissolution of Bosnia and Herzegovina along the lines of its constitutive entities would be a much better long-term solution. It may even be the only viable solution that could prevent further suffering of the people in Bosnia and Herzegovina and its rapid depopulation, which has been unfolding as a result of economic depression and the lack of faith that the situation will improve in the foreseeable future. A peaceful dissolution could lead to more stability in the region and to better functioning of democratic institutions without (neo)colonial governors. 

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More