The violation of the Final Award on the Brčko Area represents a serious threat to the territorial integrity, constitutional order, and security of Bosnia and Herzegovina, it was stated at a regular session of Krug 99 on the topic “Warning on the consequences of violating the Final Award for Brčko,” held today in Sarajevo.
The representative of the Association of Brčko Intellectuals, Enes Pašalić, assessed that the Dayton Peace Agreement preserved the continuity of Bosnia and Herzegovina, but that elements limiting the functionality of the state and enabling political blockades were introduced. He emphasized that the High Representative and the Constitutional Court of Bosnia and Herzegovina are key mechanisms for preserving the constitutional order, warning that their weakening would further hinder decision-making at the state level.
He specifically pointed out, as he stated, the long-standing undermining of the status of the Brčko District through the introduction of affirmative votes and entity citizenship, which he considers contrary to the Final Award and a step toward returning the District under entity control.
Pašalić proposed the formation of a joint body comprising political and academic representatives from Sarajevo and Brčko, which would determine the extent of the violation of the arbitration award and coordinate activities toward the Supervisor, the Constitutional Court of BiH, and the Arbitral Tribunal. He warned that a lack of reaction could lead to the division of Brčko District between the entities, reminding that if any of the entities fails to respect the Final Award, the status of the District can be changed.
Military and political analyst Nedžad Ahatović said that warnings regarding the issue of the Brčko District have been raised for years, but there has been insufficient political will to resolve it systematically. He emphasized that Brčko represents a strategic area that divides the territory of Republika Srpska into two parts, and therefore holds extremely important security significance for Bosnia and Herzegovina.
He stated that the Brčko issue must be resolved through political means, warning that the long-standing neglect of this problem could escalate into a serious security crisis. He called for overcoming political divisions and supporting initiatives that lead to preserving peace and the unity of the state.
The President of Krug 99, Adil Kulenović, stated that Brčko is a key cohesive factor for Bosnia and Herzegovina and that the continuous violation of the Final Award represents one of the most serious threats to the stability of the state. He reminded that Academician Ejup Ganić documented the arbitration process in his work ‘Brčko Arbitration 1996–1999’, which he assessed as the most important legal and political document after the Dayton Agreement.
According to him, the institutions of Republika Srpska have for years been attempting to undermine the Final Award by pushing for a confederation and division into entities by introducing entity jurisdictions and legal precedents, while he views the ‘Serbian House’ project as an attempt to establish an extraterritorial infrastructure in the District.
At the same time, he assessed that the institutions of the Federation of Bosnia and Herzegovina demonstrate passivity toward Brčko and neglect processes that jeopardize the territorial integrity of the District, which is why, as he stated, urgent political action is necessary in order to preserve the stability and unity of Bosnia and Herzegovina.
