9626TH MEETING (AM)
SC/15696

Dayton Peace Agreement Starting Point for Bosnia and Herzegovina’s Accession to European Union, High Representative Tells Security Council

Almost twenty-nine years after the signing of the Dayton Agreement — which ended the 1992-1995 war and created two entities within Bosnia and Herzegovina — the Security Council heard today that such Agreement is the starting point for that country’s accession to the European Union, as speakers urged action to advance genuine reconciliation among Bosniaks, Croats and Serbs.

Christian Schmidt, High Representative for Bosnia and Herzegovina, began his briefing to the Council with the “good news” that the European Council, on 21 March, decided to open accession negotiations with that country.  “Opening EU accession negotiations is a watershed moment,” he observed, urging that the Agreement is the starting point from which to seize this opportunity.  However, he pointed to threats — coming from Republika Srpska authorities and others — that actively subvert the State of Bosnia and Herzegovina and, thus, the Agreement.

“As the final interpreter of the Dayton Peace Agreement, I am of the view that Republika Srpska authorities are contributing severely to a grave violation” of that instrument, he said, stressing that the way forward starts with an understanding that the Agreement and the path to European Union accession are complementary, not competing.  “Everybody has to acknowledge and respect the simple axiom that no one demolishes the foundations of a house while attempting to build it,” he said.

He went on to recall certain actions he took regarding election laws in Bosnia and Herzegovina — including the introduction of a prohibition against those convicted of certain crimes holding elective office — before drawing the Council’s attention to a recent “scandal” in which certain military officials were photographed, in uniform, paying tribute to convicted war criminal Ratko Mladić.  Underscoring that truth-telling for future generations is necessary for peaceful coexistence among different communities, he said of Bosnia and Herzegovina’s children:  “We owe them this perspective.”

In the ensuing discussion, Council members expressed support for the foundational nature of the Dayton Agreement.  Many also welcomed the beginning of the process for Bosnia and Herzegovina’s accession to the European Union.  Some expressed concern, however, over divisive rhetoric and the denial of wartime atrocities — including the Srebrenica genocide — which hinder efforts towards national reconciliation.

Recalling his 1996 visit to Sarajevo, the representative of the Republic of Korea said that — after witnessing the countless scars left by four years of war — “it was impressive to hear that Bosnians, Serbs and Croats all lived together in peace as neighbours in the same villages and cities before the war.”  He expressed regret that, nearly 30 years on, there are little signs of genuine reconciliation today between those peoples.

Such reconciliation — along with economic progress and “unwavering political dedication to national unity and mutual accommodation” — is necessary for nation-building, said the representative of Mozambique, Council President for May, as he spoke in his national capacity to spotlight the experience of some parts of Africa.  “There is a need to rebuild the tissue of trust, tolerance and understanding that bind societies,” he urged, deploring the persistent political tensions and sporadic violence that continue to plague Bosnia and Herzegovina.

That situation “does not allow for optimism”, observed China’s representative, expressing additional concern over the High Representative’s amendment of Bosnia and Herzegovina’s election laws, stressing that the affairs of that country should ultimately be decided and managed by its people.  The representative of the Russian Federation, going further, said that a parallel extra-constitutional, unlawful and anti-democratic system is being established to make decisions on behalf of the whole country by representatives of only one of the entities.

Expressing support for the High Representative’s work, however, was Marko Štucin, State Secretary in Slovenia’s Ministry of Foreign and European Affairs, who also underlined the importance of locally owned political decision-making.  Also stating that Bosnia and Herzegovina’s future “is in the European Union”, he said that membership project “also holds an opportunity to bridge divides”.  Echoing that, the bloc’s representative urged all political actors in that country to refrain from divisive rhetoric and action.

Meanwhile, Denis Bećirović, Chairman of the Presidency of Bosnia and Herzegovina, said that the leaders of Republika Srpska do not respect the judgements of UN courts, selectively interpret the Dayton Agreement and undermine the independence, sovereignty and Statehood of Bosnia and Herzegovina.  Stressing that such sovereignty is mentioned nine times in the Agreement — and exclusively refers to that possessed by the State of Bosnia and Herzegovina — he said that Serbia is not a guarantor of this accord.

Serbia’s representative, for his part, said that his country respects the Dayton Agreement and supports Bosnia and Herzegovina “as one State with two entities”.  That Agreement “is of special and lasting importance”, he added, as it provided for equality between representatives of the two entities and the three peoples and — above all — “the principle of decision-making by consensus”.  Underscoring that Serbia opposes solutions imposed outside of such a process, he said that his country is committed to solving all open questions through dialogue.

The representative of Croatia, while noting that the current electoral system does not enable Croats in Bosnia and Herzegovina to elect a representative to the country’s presidency, welcomed the opening of European Union accession negotiations.  Attributing this to unprecedented reform efforts, he said:  “It demonstrates how much can be done once there is sufficient political will and cooperation between the representatives of the three constituent peoples.”

THE SITUATION IN BOSNIA AND HERZEGOVINA

Briefing

CHRISTIAN SCHMIDT, High Representative for Bosnia and Herzegovina, recalled that he has submitted six reports on the implementation of the Dayton Peace Agreement since his appointment on 27 May 2021. “Collectively, my reports plea not only for continued international attention, but also for more robust international support to Bosnia and Herzegovina,” he said.  Such support is essential for that country to be set irreversibly on the course to sustainable peace, stability and progress, he stressed — and to prevent its fall into “a vortex of instability, economic hardship and social decay”.  Spotlighting the “good news” that the European Council, on 21 March, decided to open accession negotiations with Bosnia and Herzegovina, he said that European Union membership — “by transcending individual, party, ethnic or entity interests” — offers an opportunity for communities in that country to work together.  To seize this, he stated that the Agreement is the starting point:  “It is the basis on which we build.”

“Opening EU accession negotiations is a watershed moment,” he observed.  However, he pointed to threats — coming from Republika Srpska authorities and others — that actively subvert the State of Bosnia and Herzegovina and, thus, the Agreement.  Among them, equating the inter-entity boundary line — an administrative line — to an international border attempts to promote the idea of secessionism.  “As the final interpreter of the Dayton Peace Agreement, I am of the view that Republika Srpska authorities are contributing severely to a grave violation of Dayton,” he said, adding that the international community and State institutions must observe and, if necessary, act together to address this.  He also stressed that the way forward starts with an understanding that the Agreement and the path to European Union accession are complementary, not competing. “Everybody has to acknowledge and respect the simple axiom that no one demolishes the foundations of a house while attempting to build it,” he said.

He went on to recall his signing, on 26 March, of a decision regarding amendments to the election law of Bosnia and Herzegovina. “My amendments have been broadly recognized by citizens throughout Bosnia and Herzegovina for strengthening the integrity of the electoral process,” he said, adding that preparations for municipal elections on 6 October 2024 “are going very well and intensively”. He also recalled his introduction of a prohibition against those convicted by any international or domestic court for the crime of genocide, crimes against humanity or war crimes standing for election or holding any elective or appointed office.  He then drew the Council’s attention to a recent “scandal” in which certain military officials were photographed, in uniform, paying tribute to Ratko Mladić — who was convicted at The Hague for war crimes. “If this is the case, this is a severe violation of the sense and tendency of criminal law in Bosnia and Herzegovina,” he said, underscoring the unacceptability of the glorification of war criminals.

Stating both that “it is a historical fact” that a genocide was committed in Srebrenica in July 1995 and that “there is no such thing as collective guilt under criminal law”, he underscored that remembrance, memorialization and truth-telling for future generations are preconditions for peaceful coexistence among different groups in Bosnia and Herzegovina.  Noting, however, that “there remains a lot of work to be done” to teach children about “never again”, he underlined the collective responsibility for a peaceful, prosperous future for youth in that country. “We owe them this perspective,” he concluded.

Statements

MARKO ŠTUCIN, State Secretary, Ministry of Foreign and European Affairs of Slovenia, noted that this is the second time in two weeks that the Council has addressed Bosnia and Herzegovina, recalling strong support expressed by its members for the territorial integrity and sovereignty of the country, the primacy of the Dayton Agreement, as well as steadfast backing to the mandate of the European Union military operation in Bosnia and Herzegovina (EUFOR-Althea) in maintaining peace and security in the country.  “The future of Bosnia and Herzegovina is in the European Union,” he said, stating:  “The EU membership project also holds an opportunity to bridge divides and foster long-term stability, peace and development — not only for Bosnia and Hercegovina — but for the entire Western Balkans region.”

He called on Bosnia and Herzegovina to overcome two key challenges in the coming months:  raising standards for conducting local elections this autumn and supporting its public institutions to ensure their uncompromised functionality.  Highlighting the threats to transitional justice posed by the politicization of issues and the resurgence of secessionist rhetoric and hate speech, he said that deep-seated mistrust and the attempts to deny the atrocities committed during the war, such as the Srebrenica genocide, fuel escalating tensions.  The facts confirmed by decisions of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Court of Justice must be acknowledged.  He expressed support for the work of the High Representative and his Office, also stressing the importance of making political decisions within Bosnia and Herzegovina with a strong emphasis on local ownership.  “Dialogue is key — we need to talk more to one another and less about one another,” he asserted.

The representative of Switzerland urged the influential leaders of all entities in Bosnia and Herzegovina to formulate common interests for their country’s future.  In this regard, the European Council’s recent decision to open accession negotiations with Bosnia and Herzegovina offers a significant opportunity to accelerate progress towards reform.  Further, he asserted that all political actors must engage constructively in genuine dialogue to preserve the country’s unity and political stability, noting that “this will also contribute to addressing the brain drain and labour migration”.  As Bosnia and Herzegovina prepares for municipal elections, it is pivotal to implement the necessary reforms to ensure the integrity, transparency and fairness of the electoral process.  Opposing any attempt to restrict civic space or undermine human rights, he underscored that all legislation must comply with the international and national standards to which Bosnia and Herzegovina is bound.  Also, he emphasized, “civil society, journalists and human rights defenders must be able to exercise their activities freely and without intimidation”. 

The representative of Sierra Leone commended both the High Representative and the Government of Bosnia and Herzegovina for the “remarkable achievement” of opening European Union accession negotiations.  Regional and economic integration will provide the necessary impetus for lasting peace and for undertaking governance and economic reforms for sustained socioeconomic development.  He expressed concern, however, over inciteful rhetoric, disruptive actions and “efforts to derail, undermine and unravel” the progress made so far in achieving lasting peace and stability in the country — as well as actions that “erode the established facts, decisions and legacy” of the International Criminal Tribunal for the former Yugoslavia. “Drawing on our own experience with a prolonged civil conflict”, he stressed that successful transitional-justice processes and mechanisms “played an important role in restoring peace and justice as we rebuilt our society”.  He therefore called on stakeholders to work towards the safe return, healing and reconciliation of all peoples of Bosnia and Herzegovina.

The representative of Ecuador recognized the progress made in Bosnia and Herzegovina’s transition to a peaceful society following the end of a conflict in 1995.  He also welcomed the country’s advance towards its European integration.  However, the declarations and actions which contradict such progress are worrisome.  “Secessionist rhetoric, incitement of hate speech, negation of genocide and other threats exacerbate existing divisions and hamper the necessary national reconciliation,” he said, urging the authorities of that country to abandon divisive speeches and actions that could erode trust between communities.  Joining the call to remain calm, act prudently and respect the spirit and letter of the Dayton Agreement, he asserted:  “Fostering an inclusive environment where the citizens feel safe and valued is crucial to heal the wounds of the past and build a brighter future for all the communities of Bosnia and Herzegovina.”

The representative of Algeria underscored the need to respect the principles of sovereignty, independence and territorial integrity of Bosnia and Herzegovina.  The most successful political solutions are the ones “dictated by the urgent need of the people” and “drafted by the elected representatives”, he emphasized.  Urging all political actors in the country to act responsibly — without anachronistic and narrow interests — he stressed that the acceleration of the political, economic and legal reforms will allow the country to achieve progress and stability. Only constructive dialogue and inclusive negotiations will overcome the political divide, he added.

The representative of China noted current challenges that Bosnia and Herzegovina is facing — sluggish economic growth, high inflation and accelerated population outflow.  The situation “does not allow for optimism”, he stated, stressing that all ethnic groups in the country must strengthen unity and enhance mutual trust. Expressing concern over rhetoric and actions that have fuelled ethnic tensions and challenged the process of national reconciliation, he underlined the need for the European Union and Western Balkan States to maintain an impartial stance, adopt a balanced approach and promote reconciliation among all communities in Bosnia and Herzegovina. He also expressed concern over “controversies that have arisen in recent years” relating to the High Representative’s appointment.  Further, in March 2024, the High Representative used his power to amend the election law of Bosnia and Herzegovina, “giving rise to new tensions and divisions in the country”.  On that, he reiterated that the affairs of that country should ultimately be decided and managed by its people.

The representative of Guyana expressed concern about women’s low participation at different levels of Government, as mentioned in the High Representative’s report.  Given their important contributions to the development of a country, she encouraged their representation and full participation in decision-making processes at all levels.  Noting that 2025 will mark 30 years since the signing of the Dayton Agreement, she said that “the coming year will be an opportune moment for the Council to further analyse the shortcomings in its implementation and bolster our efforts to support Bosnia and Herzegovina’s path towards lasting peace and stability”.

The representative of Malta, expressing support for Bosnia and Herzegovina’s European integration process, encouraged the country to persist in its efforts and uphold its commitment to further reforms to strengthen its constitutional, electoral and judicial frameworks.  However, she voiced concern over the inflammatory rhetoric and divisive actions that undermine Bosnia and Herzegovina’s territorial integrity and the Dayton Agreement.  “Reconciliation stands as a cornerstone for achieving lasting peace,” she stressed, adding that “denial of genocide not only disrespects the memory of victims but also impedes genuine healing”.  Relatedly, she underlined that any legislative initiatives by one of the parties that contradict the country’s constitutional order and deviate from the path towards European Union integration are concerning, spotlighting in this regard the draft law labelling societal groups as “foreign agents”.

The representative of Japan, while welcoming the European Council’s March decision to open accession talks with Bosnia and Herzegovina, expressed concern over heightened political tensions in that country.  In that context, she echoed the High Representative’s concerns regarding escalatory statements and actions by Republika Srpska that “challenge the country’s sovereignty and territorial integrity in ways that would undermine the foundation of the Dayton Peace Agreement”. All political parties should engage in constructive dialogue and make necessary reforms for consolidating that Agreement and preparing for European Union accession.  Expressing support for the Peacebuilding Fund’s work in Bosnia and Herzegovina, she noted that projects aim to promote mutual understanding and trust, combat historical revisionism and counter the denial of war crimes and genocide.  She also spotlighted her country’s contributions to nation-building and national-reconciliation efforts as one of the top donors to the Fund and a member of the Peace Implementation Council.

The representative of the Republic of Korea recalled that in 1996, he visited Sarajevo for 10 days to participate in an international monitoring mission for the general election in Bosnia and Herzegovina in the wake of the Dayton Agreement.  Then, he witnessed the countless scars that four years of civil war had left as well as the potential for reconciliation and peace.  “In particular, it was impressive to hear that Bosnians, Serbs and Croats all lived together in peace as neighbours in the same villages and cities before the war,” he said, expressing regret that nearly three decades on, there are little signs of genuine reconciliation today between the peoples.  He then highlighted the importance of the Dayton Agreement, welcomed the European Union’s decision to initiate accession negotiations with Bosnia and Herzegovina, and expressed support for the EUFOR-Althea mission.

The representative of the Russian Federation observed that the Bosnian elite is acting with the connivance of Western countries to undermine the role of Bosnia and Herzegovina’s presidency.  A parallel extra-constitutional, unlawful and anti-democratic system is being set up for making decisions on behalf of Bosnia and Hercegovina by representatives of only one of the entities.  The Dayton Agreement — which brought an end to the bloody inter-ethnic conflict — remains a fundamental document for the maintenance of peace and stability in the region.  He opposed Western methods to centralize and unify the State by using the “civil society” formula, adding that the legitimately elected representatives of Bosnia and Herzegovina are facing sanctions and politically motivated persecution.  “Nobody should be misled by the Serbophobic leanings of Western so-called specialists,” he asserted, noting the Western countries’ efforts to “destroy everything that has been achieved in the post-conflict years” and “turn the country into a colonial formation”.

The representative of the United States recalled that, nearly 30 years ago, the Dayton Peace Agreement “brought an end to a terrible war”.  The High Representative’s mandate was rooted in that Agreement, and his Office remains instrumental to ensuring the continued functioning of key institutions “despite the efforts of certain politicians to undermine them”, he stressed. The Council and international community, therefore, must support the High Representative.  While many challenges confront Bosnia and Herzegovina, none are greater than escalatory rhetoric — especially secessionist talk and actions.  Stating that the President of Republika Srpska has “acted to undermine State institutions” and regularly calls for the dissolution of Bosnia and Herzegovina, he urged the international community to push back against such rhetoric.  Adding that genocide denial also prevents reconciliation, he said that the United States will continue using all available tools — including sanctions — “to promote accountability for those who enable corruption and act to destabilize the country”.

The representative of the United Kingdom said that the people of Bosnia and Herzegovina should choose their own future.  The decision by the European Union to grant accession status is an important step in this direction, which will serve as a strong incentive for political actors in that country to work together on the necessary reforms. “The greatest threat to this positive future, and to the Dayton Peace Agreement itself, lies in the efforts of some Republika Srpska politicians to subvert the State and its institutions,” he warned, citing threats to unilaterally withdraw from the constitutional, legal and institutional framework of the State.  Against this backdrop, he expressed his country’s full support for the High Representative’s work and a strong EUFOR-Althea operation to maintain a safe and secure environment.

The representative of France reiterated her country’s commitment to the stability of Bosnia-Herzegovina through its participation in the EUFOR-Althea operation.  Voicing concern over the nationalist rhetoric and secession threats from leaders of Republika Srpska, she condemned their adoption of the draft laws on elections, referendums and immunity, which undermine the constitutional order of Bosnia and Herzegovina.  Also concerning is the bill on “foreign agents”, which undermines civil society, the media and freedom of expression, she observed, adding that such initiatives contradict the country’s prospect of accession to the European Union.  Noting that “there can be no lasting peace nor a European future without reconciliation,” she rejected historical revisionism or glorification of war criminals.  She also stressed that “the international presence in Bosnia-Herzegovina remains necessary for the stability of the country and the region”.

DENIS BEĆIROVIĆ, Chairman of the Presidency of Bosnia and Herzegovina, said that the High Representative is the only high official authorized to present a report to this Council, calling the reports of the Republika Srpska entity “legally unfounded” as entities within the sovereign State of Bosnia and Herzegovina and other subnational governments do not possess that right.  He said he is addressing the Council on behalf of the State of Bosnia and Herzegovina, which is a full member of the United Nations, the Council of Europe, and a country at the doorstep of the European Union and the North Atlantic Treaty Organization (NATO).  The key problems of his country did not originate within its borders.  The Hague Tribunal confirmed that there was no civil war in Bosnia and Herzegovina, but an international armed conflict was waged against it.  These are attempts from outside to weaken and destroy the country and “the essence of all the problems in Bosnia and Herzegovina in the last four decades”. 

The leaders of the Republika Srpska do not respect the judgments of the UN courts, selectively interpret the Dayton Agreement, undermine the independence, sovereignty and Statehood of Bosnia and Herzegovina, and seek to block the Office of the High Representative and the Constitutional Court of Bosnia and Herzegovina, he warned.  Clarifying issues regarding the peace accords, he stressed that “sovereignty” is mentioned nine times in the Dayton Agreement and exclusively refers to the State of Bosnia and Herzegovina.  Only Bosnia and Herzegovina has “continuity” while the entities in the country have only existed since the signing of the Dayton Agreement.  Serbia is not a guarantor of this agreement, but one of the three parties.  Regrettably, there is an intense level of militarization in neighbouring countries, he said, underscoring the critical importance of upholding the military power balance in the region and of the Security Council extending EUFOR-Althea mission’s mandate in November 2024.

The representative of the European Union, in its capacity as observer, underscored that “the future of Bosnia and Herzegovina and its citizens lies within the European Union”.  After the Union’s historic decision to open accession negotiations with Bosnia and Herzegovina, the bloc expects all political actors to focus on dialogue and the key priorities to deliver reforms.  However, he expressed concern about legislation and initiatives in the Republika Srpska entity that run counter to the European path of Bosnia and Herzegovina, including secessionist rhetoric and questioning the constitutional order of the country.  Emphasizing that the sovereignty, territorial integrity, constitutional order and international personality of Bosnia and Herzegovina need to be respected, he stated that “any action against these principles will lead to serious consequences”. In this regard, he urged all political actors in Bosnia and Herzegovina to refrain from divisive rhetoric and actions, including questioning the sovereignty, unity and territorial integrity of the country, end the glorification of convicted war criminals as well as genocide denial, and actively promote reconciliation.

The representative of Serbia, underscoring the importance of stability and prosperity in Bosnia and Herzegovina, said that common will and efforts are required to create the conditions for better life and less insecurity in the region.  “Serbia is ready to do it,” he emphasized, adding that his country respects the Dayton Peace Agreement and supports Bosnia and Herzegovina “as one State with two entities”.  That Agreement “is of special and lasting importance”, he said, as it provided for equality between representatives of the two entities and the three peoples and — above all — “the principle of decision-making by consensus”. Underscoring that his country opposes solutions imposed outside of the process of consensus — “as they prevent implementation, risk stability and undermine mutual trust” — he said that Serbia is committed to solving all open questions through dialogue.  “Unilateral actions and faits accomplis cannot, and will not, do any good,” he stressed.

He then recalled the Permanent Representative of Bosnia and Herzegovina’s recent submission of a draft resolution regarding an International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica to the General Assembly.  Underscoring that “such unilateral initiatives” are contrary to the process of reconciliation and confidence-building, he stressed:  “We have to talk, even when not in agreement.” In that context, he noted that, “when individuals in Bosnia and Herzegovina moved to initiate the resolution, they seemed to have overlooked the fact that Belgrade is closer than Berlin or Kigali”.  Stressing that officials in Bosnia and Herzegovina — if they have no desire to talk to Serbia — are obliged by the constitution to talk to Serbs in the country, he asked: “How will reconciliation come to pass if it is to pass without Serbs?”  While underscoring that Serbia condemns all crimes committed in Bosnia and Herzegovina during the 1992-1995 war — as well as the denial thereof — he stated that the resolution, if passed, will “deepen the gap among peoples and threaten the reconciliation process”.

The representative of Croatia congratulated Bosnia and Herzegovina on opening the accession negotiations for membership in the European Union, attributing this achievement to the unprecedented level of legislative and reform output of that country.  “It demonstrates how much can be done once there is sufficient political will and cooperation between the representatives of the three constituent peoples,” he stressed.  Noting the High Representative’s decision to amend the election law, he pointed out that another aspect of the electoral reform must be addressed urgently.  The current electoral system is not enabling Croats in Bosnia and Herzegovina to elect their own legitimate representative to the country’s presidency, leading to their discrimination.  This is an obstacle to establishing lasting trust and cooperation between the constituent peoples.  “Building of trust is a crucial issue for the political stability of Bosnia and Herzegovina,” he said, urging the international community to promote it.

The representative of Bosnia and Herzegovina, re-taking the floor, underscored that the process of reconciliation must lead to “overall recovery”, including through the recognition of the crime of genocide and the promotion of truth and justice.  However, he voiced concern over the lack of compassion for victims and the glorification of convicted war criminals, stressing that the cultural remembrance of the victims of genocide in Srebrenica must not be “a culture of denial” but “a culture of memory” so that it is never repeated.


https://press.un.org/en/2024/sc15696.doc.htm