The parliamentary group of the far-right Alternative for Germany (AfD) has submitted a parliamentary inquiry in the German Bundestag regarding the role of High Representative Christian Schmidt in Bosnia and Herzegovina (BiH). They requested an assessment of the legitimacy of his position in light of the lack of approval from the United Nations (UN) Security Council, as well as Russia and China’s refusal to confirm Schmidt’s appointment.
In the request submitted by delegate Jan Wenzel Schmidt and the AfD parliamentary group, it is stated that Schmidt was appointed in May 2021 by the Steering Board of the Peace Implementation Council (PIC).
“However, this appointment was not confirmed by the UN Security Council, which, according to the authors of this inquiry, raises doubts about the international legal legitimacy of his function and his decisions. Despite this, the High Representative, according to the legal understanding of the authors of this inquiry, has made several binding decisions that deeply interfere with the constitutional order of BiH. The authors of the inquiry have serious doubts that these decisions have exceeded the powers of the High Representative as provided by Annex 10 of the Dayton Peace Agreement,” the document states.
The following questions are then posed to the Federal Government:
Has the Federal Government formed a position on the international legal legitimacy of Christian Schmidt as High Representative in BiH, given the lack of UN Security Council approval, and if so, what is that position?
What consequences does the Federal Government derive from the fact that the Russian Federation and China have refused to confirm Christian Schmidt as High Representative in the UN Security Council?
What legally binding decisions has the High Representative made in 2022 and 2023, according to the Federal Government’s assessment, and has the Federal Government formed a position on these decisions, and what is that position?
Does the Federal Government see these decisions as exceeding the powers granted to the High Representative under Annex 10 of the Dayton Agreement, and if not, why not?
What consequences does the Federal Government see for the stability and sovereignty of BiH as a result of these measures?
Has the Federal Government taken steps to have Christian Schmidt’s appointment confirmed in the UN Security Council, and if so, what steps, or if not, why not?
Does the Federal Government plan to advocate for reforms in the appointment mechanisms of the High Representative to strengthen his international legitimacy, and if so, how?
Has the Federal Government examined whether political processes in BiH – especially those against representatives of Republika Srpska (RS) – are politically motivated, and if so, what findings are available, and what measures, if any, is the Federal Government taking to ensure fair and transparent processes?
Has the Federal Government formed a position on whether the High Representative’s decisions could lead to further political destabilization of the region, and if so, what is that position?
Has the Federal Government formed a position on how it assesses the actions of the High Representative in the context of BiH‘s sovereignty and independence, and if so, what is that position?
Has the Federal Government formed a position on whether the High Representative’s actions are worthy of support, even if local actors and international partners consider them legally questionable, and if so, what is that position?
Has the Federal Government formed a position on the different international stances regarding the appointment and actions of the High Representative, and what is that position?
Is the Federal Government engaging in discussions with international partners to develop a joint stance on the role of the High Representative, and if so, with which partners and on what topics?
Has the Federal Government formed a position on what consequences the High Representative’s decisions have for the economic stability of BiH, and if so, what is that position?
Does the Federal Government see the possibility of economic support from the European Union (EU) to reduce tensions in the region, and if so, what kind?
Does the Federal Government plan steps to assist BiH in implementing reforms for EU integration, and if so, what are they?
Does the Federal Government believe that the current role of the High Representative contributes to or hinders the long-term peace process and political stability of the country, and if so, how?
Has the Federal Government formed a position on the impact of the High Representative’s decisions on human rights protection in BiH, and if so, what is that position?
It should be recalled that, although the UN Security Council has not officially appointed High Representative Christian Schmidt, the Steering Board of the PIC did so in accordance with the procedures and provisions of the General Framework Agreement for Peace, and this practice aligns with UN Security Council resolutions, N1 writes.
