The Dialogue between the Nations in Bosnia and Herzegovina after Dayton (1995) and the High Representative

Authors:

Pages: 180-188
DOI: https://doi.org/10.54664/ZOKM7278

Abstract:

The dialogue in modern societies is an open process that mediates the exchange of ideas. It provides equal rights to all associated and freedom of collective action, cooperation between the various constituent communities. The dialogue has to be a continuous process as a tool for collaboration and communication between different groups in society. The constructive and permanent dialogue between communities, groups and people in society has a positive impact on the overall development of the country. The independent state of Bosnia and Herzegovina appeared on the political map after the signing of the Dayton Peace Agreement (DPA) in Paris on December 14, 1995. DPA gave the constitution of the new state of Bosnia and Hertzegovina. DPA followed the principle of equality between Bosniaks, Serbs and Croats for the fundamental formation of the state administrative structure. Each of the parties received partial satisfaction of their claims without receiving their full realization. DPA introduced innovation in international law, applying the term “Entity“ used as a definition for a territory inhabited by members of a national group. The text of the agreement describes two territorial entities (Bosniak-Croat Federation and Republika Srpska). But in practice there are three national entities – Bosniak, Serbian and Croatian. The aim of the invention was to avoid terms that had definition and would connect parts of the population of Bosnia and Herzegovina with existing countries. Equality in the dialogue between nations or entities is guaranteed by the institutions of the president, the parliament and the council of ministers. The President is a collective body consisting Bosniak, Serb and Croat. Decisions are taken by consensus. Each member of the presidency has the right to forestall a decision on the grounds that it’s contrary to the vital interests of the people he represents. The specificity of the constitutional order of Bosnia and Herzegovina provides three parliaments – Republican parliament, Serbian parliament and Bosniak-Croat parliament. The Republican Parliament is with two chambers. The first is the House of Peoples, consisting of 15 members (five from each community). They are appointed by the House of Representatives, elected by vote of the citizens of the state. The mechanism for determining the majority is very complex. The adoption of a law requires a majority of half plus one MP. But for legitimate decisions at least 1/3 of the members of each nation have to vote positively. This means that there must be 22 votes of MPs and then 7 have to be Bosniaks, 7-Serbs, 7-Croats and the remaining one is irrelevant. The Council of Ministers is controlled by a very complicated scheme. If a Minister is a Croat, his deputy must be a Muslim or Serb. Moreover, two thirds of all ministers must be from the Croat- Muslim federation and one third from the Republika Srpska. The central government is working in the fields of foreign policy, foreign trade, customs policy, the conduct of monetary policy, international law, communications, transport, financing of government activities and responsibilities for the preparation of general elections. The ensuring of fairness and equality in the functions of state institutions by implementation of veto stops progress in Bosnia and Herzegovina. Examples from the first year after Dayton for important Диалогът на нациите в Босна и Херцеговина ... 181 decisions that had been blocked were the Citizenship low, the outlook of the new currency. In time more examples appeared. According to the application of Article Two of the DPA in London an international conference was held on 8 and 9 December (1995). Peace Implementation Council includes 55 countries and international organizations directly involved in military missions and rehabilitation programs in Bosnia and Herzegovina. The Council delegates the tasks to monitor the implementation of the peace agreement to the newly formed Office of the High Representative for Bosnia and Herzegovina, which receives legal legitimacy after the signing of the Dayton Peace Agreement in Paris. The Office of the High Representative is appointed with a mandate by the Security Council of the UN. Initially, the High Representative will monitor the functioning of institutions. During the first two years, OHR had monitoring and advising functions. He published periodical reports for the minimum progress of implementation of the DPA. In 1997, clear opposition was outlined between the three communities – Bosniaks, Serbs and Croats, in the management of the common state. The dialogue between them from communication and cooperation became a source of confrontation and conflict. Among the most important stages in the process to reach peace was the conference of Peace Implementation Council in Bonn (December 1997). By elaborating Attachment №10 of the Dayton Peace Agreement executive power was given to the High Representative. He has the authority to remove from office public officials who violate their legal obligations and the DPA. He can impose laws if the legislative bodies of Bosnia and Herzegovina fail to adopt them because of national vetoes This study has been conducted more than ten years after the imposition of the Dayton Peace Agreement. It has been a period, during which the modern state of Bosnia and Herzegovina has attempted to build functioning institutions and administration, through dialogue between nations. Key role in the constitution of the state plays the Office of the High Representative, which has not only observed, but has also realized the functioning of the state and has encouraged progress. For the period of the study are examined 28 reports of the OHR to the Secretary General of the United Nations, 7 to the European Parliament and one report by the High Representative on the implementation of DPA. The study examines a number of documents from the Office of the High Representative: press releases, speeches of HR, interviews and articles by the High Representative and his deputies, recordings of press conferences, decisions in all areas of government and material of 23 public information campaigns coordinated by the administration of the High Representative. The materials are public on the official website of the Office of the High Representative.

Keywords:

Bosnia and Herzegovina, Republika Srbska, Bosniak-Croat Federation, High Representative, Dayton Peace Agreement, dialogue, legislation, executive

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