The alleged appointment of German politician Christian Schmidt as High Representative in BiH is an example of gross interference in BiH's internal affairs, in violation of Article 41 of the Vienna Convention on Diplomatic Relations, Bosnia’s Republika Srpska entity government wrote in its 26th Report to the UN Security Council.

The first part of the Report, entitled “A Sustainable, Peaceful and Prosperous BiH Must Be Based on the Rule of Law,” points out that Schmidt's appointment is completely illegitimate because the Peace Implementation Council’s Steering Board (PIC SB), even its majority, has no legal basis to appoint the new High Representative.

Neither the Dayton Accords nor the UN Security Council have given the PIC or its Steering Board such powers, the text says.

However, the report notes, that the PIC’s “so-called Steering Board, a small ad hoc group of countries, has granted itself broad rights to determine BiH's future, including the right to appoint a high representative without Security Council’s approval, and to set conditions for OHR’s closure.

The second part of the report states that until 2021, the High Representative, in the absence of international support, did not impose any decisions or out-of-court penalties for the past ten years.

“However, in the last days of his tenure as High Representative, Valentin Inzko, the last High Representative, imposed a law criminalizing the expression of certain opinions on the history of the BiH conflict,” the report said.

As for the BiH Constitutional Court, the text points out that, instead of fulfilling their obligation and abiding by the BiH Constitution, the majority of judges, consisting of three foreigners and two Bosniaks, very often confirmed the unconstitutional centralization carried out by High Representatives, weakening the constitutionally guaranteed mechanisms for the protection of the constituent peoples of BiH.

“The BiH Constitutional Court, the text states, also uses the constitutionally unfounded demands of Bosniak representatives to further weaken the autonomy of the Republika Srpska guaranteed by the Dayton Accords,” the report said.

As an example, they stated that the Constitutional Court of BiH declared the flag, anthem and coat of arms of the RS unconstitutional and forbade the entity to celebrate the day of its alleged creation.

Also, “the Constitutional Court of BiH persistently deprives the Republika Srpska of its public land, thus in September the Court found that the forest land managed by the Republika Srpska has not belonged to the Srpska for almost three decades,” the RS Government wrote.

The text states that the majority of judges of the BiH Constitutional Court reliably support the dismantling of the Dayton compromise by voting in key cases, three foreign judges, as a bloc with two Bosniak judges and thus outvoting four judges who are BiH citizens.