UN Security Council will hold an extraordinary session on Tuesday at which they will, among other things, discuss the letter of Bosnia’s Serb Presidency member Zeljka Cvijanovic, submitted via the Russian Ambassador Vasily Nebenzya, in which she falsely claimed that the High Representative Christian Schmidt occupies the post illegally, that the Constitutional Court has been operating contrary to the Constitution and a range of other untrue statements.
“According to Annex X [of the Dayton Peace Agreement], the appointment of the High Representative requires verification through an appropriate resolution of the United Nations Security Council (UNSC). However, the individual currently, evidently falsely, claiming the role of the High Representative for BiH has not received such verification from the UNSC. This clearly indicates unlawful actions by an
individual supported by only a minority of countries, basing their alleged position as High Representative on the argument of force,” Cvijanovic claimed in the letter seen by N1.
In July of 2023, she wrote to the UN Secretary-General Antonio Guterres asking for the confirmation of her false claims regarding Schmidt’s appointment to which Guterres responded by saying that the “UN is not a signatory of the Dayton Agreement nor it is a member of the Peace Implementation Council – the only relevant body for the appointment of a high international representative in Bosnia and Herzegovina.”
“Appallingly, this unelected and illegitimate individual has gone as far as to label any opposition to their will through interventions in criminal legislation as a criminal offense. This not only undermines the rule of law but also threatens to undermine the democratic institutions and elected representatives of BiH, seeking to completely subjugate them to this individual's arbitrary will,” Cvijanovic wrote in a letter to Malta which is presiding over the UN Security Council session.
She then spoke about the Dayton constitutional framework saying it faces significant challenges. In this section of the letter, she dealt with her views of how the Constitutional Court of BiH should function. She noted that the Court should consist of nine judges – four from Bosnia’s Federation (FBiH) entity, two from Republika Srpska, which she falsely falls “Republic of Srpska” despite the Constitution clearly stipulating in its original form (written in English) that the entity is called “Republika Srpska” in both Bosnian and English language, and three international judges appointed by the President of the European Court of Human Rights.
“…despite Article VI of the BiH Constitution providing for the Parliamentary Assembly of BiH to legislate an alternative appointment method for judges initially appointed by the President of the European Court of Human Rights upon the expiration of their terms, this has not occurred. The existing ‘voting mechanism’ within the Constitutional Court, comprising Bosniak and international judges, has been exploited over the years to reshape the constitutional structure of BiH, undermining the positions and competencies of the entities, particularly the ‘Republic of Srpska’,” Cvijanovic added.
She then claimed that such a Court serves to “maintain a ‘protectorate’ and a policy of force, not only obstruct BiH's EU integration path but also undermine its prerogatives as a United Nations member state.”
UN Resolution on Srebrenica
Speaking about the upcoming vote on the Draft Resolution on Srebrenica, the Serb Presidency member said it comes in the light of abuses of Bosnia’s foreign policy procedures.
“According to Article V3 of the BiH Constitution, the Presidency of BiH holds exclusive responsibility for the country's foreign policy. However, the Presidency, consisting of three members – two elected from the Federation of BiH and one from the ‘Republic of Srpska’ – has not deliberated on the Draft Resolution, its drafting, or its initiation for adoption. No official stance has been adopted, nor has any formal decision been made on this matter. In essence, despite Germany and Rwanda nominally sponsoring the resolution, supported by several countries, the actions of the Permanent Mission of BiH to the UN in drafting the resolution, presenting its content, and lobbying for its adoption constitute an illegal act, reflecting the will of only one ethnic group within BiH,” Cvijanovic said.
For this reason, she informed the UNSC Chair that she initiated the procedure for the recall of Bosnia’s UN Ambassador and said that all those involved in the drafting of the UN Resolution “will face criminal proceedings.”
Cvijanovic will address the UN Security Council via video link.
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