Bosnian Association of independent intellectuals "Krug 99" sent an open letter to all members of the Peace Implementation Council (PIC), pointing out that several extremely problematic activities coming from the Office of the High Representative (OHR) in BiH were observed.

“We are familiar with the PIC Conclusions from 1997, which introduced the Bonn powers of the High Representative, as a noble intention to help post-war Bosnia and Herzegovina in building self-sustaining and functional state institutions. Nevertheless, when looking at point IX of the Bonn PIC Conclusions in 1997, which gives the High Representative Bonn powers, it is necessary to point out several important things,” the letter states.

The Association noted that in Article IX of the Conclusions, it was unequivocally stated that the High Representative can make binding decisions aimed at creating opportunities for the smooth operation of state institutions. In Article IX/2b, the Association notes, it is clearly established that the High Representative adopts temporary measures when the parties cannot reach an agreement and the duration of which is limited until the BiH Presidency or the Council of Ministers makes a decision in accordance with the Dayton Peace Agreement in a certain area and treated issue.

“In Article IX/2c, it is clearly established that binding decisions can also refer to other measures, which ensure the smooth operation of state institutions in order to ensure the implementation of the Dayton Peace Agreement,” they wrote.

Bearing this in mind, the Association questioned the High Representative’s decisions that are clearly not part of his mandate, such as the decision of October 2, 2022, intervening in only one BiH entity – the Federation.

“Noting that the 1997 Conclusion expresses concern about the lack of strong multi-ethnic political parties and that the High Representative's decisions of October 2, 2022 and April 27, 2023 make the existence of multi-ethnic political parties meaningless, we can only ask what is the real intention of the OHR and the High Representative in relation to Bosnia and Herzegovina, as a state of equal citizens,” the letter states.

The Association adds that the High Representative’s decision from April 27, 2023, by which he suspended the Constitution of one of the two entities for 24 hours and on that occasion also issued a “temporary decision” that will come into force one year later, is in complete contradiction to the article IX, of the 1997 PIC Conclusions.

The Krug 99 members warned that the information that appeared in the public that the high representative intends to make a new decision, with which he allegedly plans to amend the Criminal Code of Bosnia and Herzegovina, in such a way that failure to implement the High Representative’s decisions is a criminal offence, would thus be questionable based on all of the above.