Letter dated 3 May 2023 from the Secretary-General addressed to the President of the Security Council
Pursuant to Security Council resolution 1031 (1995), I have the honour to transmit herewith the sixty-third report on the implementation of the Peace Agreement on Bosnia and Herzegovina, covering the period from 16 October 2022 to 15 April 2023 (see annex). It should be noted that not all members of the Security Council acknowledge the High Representative for Bosnia and Herzegovina.
I should be grateful if you would bring the report to the attention of the members of the Security Council.
(Signed) António Guterres
Annex
[Original: English]
Letter dated 27 April 2023 from the High Representative for Bosnia and Herzegovina addressed to the Secretary-General
Pursuant to Security Council resolution 1031 (1995), in which the Council requested the Secretary-General to submit to it reports from the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina, in accordance with annex 10 of the General Framework Agreement for Peace in Bosnia and Herzegovina and the conclusions of the London Peace Implementation Conference of 8 and 9 December 1995, I present herewith the sixty-third report of the High Representative. I kindly ask that the report be distributed to the members of the Council for their consideration.
This is my fourth regular report to the Secretary-General since assuming the post of High Representative for Bosnia and Herzegovina on 1 August 2021. The present report covers the period from 16 October 2022 to 15 April 2023.
Should you or any member of the Security Council require any information beyond what is provided in the report or have any questions regarding its contents, I should be pleased to provide you with such information.
(Signed) Christian Schmidt
High Representative for Bosnia and Herzegovina
Summary
The present report covers the period from 16 October 2022 to 15 April 2023.
The reporting period was dominated by post-election government formation and disruptive rhetoric and action by the ruling coalition in the Republika Srpska. The establishment of most executive, legislative and judicial authorities of the State, Federation, the Republika Srpska and cantons after the general elections of 2 October 2022 concluded with unprecedented speed.
However, the President and the two Vice-Presidents of the Federation have not yet agreed on forming a new government. I encouraged all political parties to reach a compromise. I emphasized that a long-standing political deadlock in the Federation was detrimental to Bosnia and Herzegovina and its path to integration into the European Union. The continuation of the current caretaker government would lack democratic legitimacy.
On 23 March 2023, the Constitutional Court of Bosnia and Herzegovina decided that my decisions of 2 October 2022, which amended the Constitution of the Federation and the Election Law, are in full accordance with the Constitution of Bosnia and Herzegovina and relevant international human rights covenants. The secessionist rhetoric and action by the Republika Srpska authorities, notably Milorad Dodik, have intensified in the reporting period and are poisoning the political climate in the entity and the entire country. The Republika Srpska authorities categorically reject the authority of the Constitutional Court of Bosnia and Herzegovina and the Office of the High Representative, and they pursue a confrontationist attitude towards Western partners. On 24 April, the Republika Srpska ruling parties signed a joint statement with concrete steps towards secession. This is a dangerous development. The redirection, suspension or conditioning of funding are tools which international partners have at hand to respond to this development and which must remain on the table.
The Republika Srpska authorities continued to undermine the State institutions of Bosnia and Herzegovina by obstructing their work and decision-making and claiming constitutional and legal competencies for the Republika Srpska which belong to the State. On 27 February 2022, I suspended a new law on immovable property adopted by the National Assembly of the Republika Srpska, which was based on a misinterpretation of the constitutional structure and violated past judiciary rulings.
I note a clear tendency towards authoritarianism in the Republika Srpska, characterized by legislative initiatives which further shrink the space for civil society and media. Bosnia and Herzegovina risks becoming a country divided between authoritarianism in one entity and democracy in the other.
I amended the law on the Srebrenica-Potočari Memorial Centre on 20 February 2023 to broaden and intensify its engagement for memorialization and truth-telling for future generations. Denial of genocide by Republika Srpska leaders continues to pose a serious problem.
Smooth budget adoption at all levels is a positive step for the fiscal sustainability of Bosnia and Herzegovina. Apart from that and some positive developments in the Brčko District, little progress has been made in implementing the 5 plus 2 agenda. Bosnia and Herzegovina still faces considerable challenges concerning state and defence property, the rule of law and fiscal sustainability. I am committed to intensifying the work of the Office of the High Representative in these areas.