The High Representative in Bosnia and Herzegovina, Christian Schmidt, announced today that he has made a decision to unblock the formation of authorities in the Federation of Bosnia and Herzegovina. Specific decisions will be published on the OHR website.
At the beginning of the address, Schmidt clarified that he had given the politicians enough time to make certain decisions, but that they had not done so.
“You know when I call you at OHR that I have an important announcement for you. Let me say before that that the guiding principle that I follow is that principle that is good for the citizens and this country. All its citizens. I am not going against any people or parties. The principle of mutual respect must be applied. No constituent people are attacked or disrespected,” Schmidt said.
He referred to his speech three weeks ago when he announced that a decision would be made if the politicians did not agree.
The Prime Minister, Deputy Prime Ministers and Ministers of the Government of the Federation put forward by the President of the Federation of BiH in the proposed decision signed by her on 30 March 2023, agreed by one of the Vice-Presidents on 3 April 2023 and amended on 27 April 2024, are hereby deemed appointed in accordance with Article IV.B.5, Paragraph (1) of the Constitution of the Federation.
Each and every signature required to be made, agreement to be given, in particular by the Vice-Presidents of the Federation, and consultations to be held with a view to effecting the appointment of the Government of the Federation in accordance with Article IV.B.5, Paragraph (1) of the Constitution of the Federation are hereby deemed to have been made in proper and due form.
The Government of the Federation shall be elected after its appoitnment is confirmed by a majority vote of the House of Representatives of the Federation of BiH in accordance with Article IV,B,5, Paragraph (1) of the Constitution of the Federation.
The Chair of the House of Representatives shall convene an urgent session to be held no later than 28 April 2023. The confirmation of the appointed Government shall be the only item on the agenda for this session.
The Parliament of the Federation shall make its best efforts to initiate the process of amending to Article IV.B.5 of the Constitution of the Federation of BiH that could, if adopted pursuant to Article VIII.1 of the Constitution of the Federation of BiH, ensure that the relevant institutions in the Federation abide by their obligation to ensure that the Government of the Federation is elected.
The Amendment attached hereto, which forms an integral part of this decision, shall enter into force on 1 May 2024 provided that the Parliament of the Federation of BiH does not decide otherwise before that date by amending the Constitution of the Federation as provided by Paragraph 1 of this Article.
Notwithstanding Paragraph (2) of this Article, the Amendment attached hereto shall enter into force on the day the Legislature of the Federation or any House thereof is dissolved pursuant to Article IV.A.16 of the Constitution of the Federation if this dissolution occurs before the date provided for in Paragraph (2) of this Article.
Following its entry into force, the amendment attached hereto shall have precedence over any inconsistent provisions of laws, regulations and acts. No further normative act is required to ensure its legal effect. Nevertheless, authorities in the Federation of BiH remain under the obligation to harmonize such laws, regulations and acts with the Constitution of the Federation of Bosnia and Herzegovina.
This decision shall be published without delay in the Official Gazette of the Federation of Bosnia and Herzegovina and on the Official website of the Office of the High Representative and shall enter into force forthwith while the Amendments to the Constitution of the Federation of BiH attached to this Decision shall enter into force as prescribed and under the conditions spelled out in Article 3 of this Decision.
