During the past 2023, Bosnia and Herzegovina and its citizens faced numerous and different challenges, but also made a conditional step forward towards the European Union.
However, our country faces many political, judicial, reform, economic and generally socially challenging times in 2024. Authorities at all levels have promised to speed up the process of European integration next year, create conditions for a better economy, better health care, improved social policy, better living conditions, peace and stability.
The Council of Ministers of Bosnia and Herzegovina and the rapprochement with the EU
At the beginning of 2023, Bosnia and Herzegovina got a new state government, a few months after the elections. After a number of years of solid alliance with the Croatian Democratic Union (HDZ) of BiH and the Alliance of Independent Social Democrats (SNSD), the Party of Democratic Action (SDA) moved into the opposition. The new government was formed by the “Troika” coalition consisting of SDP BiH, Narod i Pravda (NiP) and Our Party (NS), as well as HDZ BiH and SNSD with their coalition partners.
The new government ambitiously emphasized the need for necessary European reform processes, honest relations within the coalition, cooperation and ensuring better living conditions. Optimistic ambitions were based on the European Commission’s decision to grant Bosnia and Herzegovina candidate status for membership in the European Union.
After the crisis caused by Russia’s attack on Ukraine, Bosnia and Herzegovina, together with Ukraine and Moldova, received candidate status. Namely, the EU has assessed that the enlargement process is one of the key elements of its response to global security challenges. According to many, it is an opportunity for BiH that cannot be missed, but in order to open negotiations, specific reform laws must be adopted and the political will for membership must be demonstrated.
By the end of August, the BiH Parliamentary Assembly adopted five laws from the European reform package, which gave our country new laws on freedom of access to information, the High Judicial and Prosecutorial Council (HJPC), the ombudsman, wine and foreigners. Also, in December, BiH took a step closer to the EU when the House of Representatives of the PSBiH adopted the law on prevention of money laundering and financing of terrorist activities.
After the adoption of these reforms, the leaders announced the continuation of such a pace and the adoption of several more important laws by the end of the year, including the one on the courts. However, this very law has become a new stumbling block that will lead to serious conflicts and breakdowns in the government.
Milorad Dodik made an ultimate request to the coalition partners in the government that the new headquarters of the Appellate Division of the Court of Bosnia and Herzegovina be Banja Luka, and requested the adoption of a new law on the Constitutional Court of Bosnia and Herzegovina, which would eliminate from it three foreign judges appointed by the President of the European Court of Human Rights, and all on track to meet all 14 conditions of the European Commission.
Nevertheless, politicians in Bosnia and Herzegovina hope that the adoption of three to four more reform laws could be enough for the green light to start the negotiation process.
The new Federal Government
The Government of the Federation of Bosnia and Herzegovina was formed almost seven months after the General Elections held in October 2022. This entity government has a president and 16 ministers, and the new convocation includes ministers from the Croatian Democratic Union (HDZ) of BiH, the Social Democratic Party (SDP) of BiH, HDZ 1990, Our Party and People and Justice (NiP).
The session of the House of Representatives at which the Government was confirmed was held a day after the High Representative in Bosnia and Herzegovina, Christian Schmidt, imposed changes to the Constitution of the Federation of BiH with the aim of faster formation of the Government of the Federation of BiH.
On April 27, Schmidt made, among other things, a temporary decision that is valid only for this election cycle, which enabled the formation of a new government, which had not been formed for almost seven months after the general elections, due to opposition from the Democratic Action Party, the leading Bosniak party in Bosnia and Herzegovina, as well as the opposition Democratic Front (DF) of Željko Komšić.
Nermin Nikšić (SDP) took over the government and announced stimulus programs for exporters, facilitations for the registration of new companies, and attracting foreign investors, ensuring better health care, introducing the category of so-called social pensions, and strengthening institutions for the fight against corruption and organized crime, as well as stopping emigration from BiH. The implementation of those promises is much more difficult due to the fragile majority in the FBiH Parliament.
Disputed laws in the RS
Republika Srpska entered the new year 2023 with a new Government headed by Radovan Višković (SNSD). Upon taking office, in the Work Program, Višković pointed out that the key reform areas in the focus of the work of the new Government of the RS will be defined through five pillars: economic growth, digitization of the RS and reform of public enterprises, health and social policy and demographic renewal.
However, the Republika Srpska encountered fierce criticism from the European Union after the controversial laws on the criminalization of defamation and then on the special register and publicity of the work of non-profit organizations were adopted in this entity organization which envisages the registration of non-governmental organizations as “foreign agents” and imposes strict supervision on them and introduces the possibility of banning them from working.
The Draft Law on Immunity was also adopted, which stipulates that officials of the executive power – entity president, vice-presidents, prime minister and ministers – cannot be held criminally liable for actions within the scope of their duties.
This followed after the High Representative Christian Schmidt annulled the laws adopted by the National Assembly of the RS in connection with the non-publication of the decisions of the High Representative and the non-application of the decisions of the Constitutional Court of Bosnia and Herzegovina, and after the decision that any illegal actions that violate the constitutional order will be treated as criminal offense.
Dodik in conflict with the BiH judiciary and the international community
During the year, Milorad Dodik constantly intensified the controversy with the representatives of the international community in Bosnia and Herzegovina, where he most fiercely attacked Schmidt, but also the ambassadors of the USA and Great Britain, countries under whose long-term sanctions.
The verbal confrontation with the high representative for Bosnia and Herzegovina continues, whose legitimacy he persistently disputes, stating that he was not formally confirmed by the UN Security Council, which is why, as he says, the RS has no obligation to cooperate with him.
Due to non-compliance with Schmidt’s decisions, Dodik received an indictment from the BiH Prosecutor’s Office in October, and in December he had to go to the dock in the Court of Bosnia and Herzegovina. If he is convicted, he faces six months to five years in prison and a ban on holding office in government bodies, which is why Dodik threatens to further radicalize his political activity. He announced that he will advocate even more strongly for the independence of the RS.
In its report on BiH’s progress in 2023, the European Commission stated that exactly these threats and secessionist rhetoric threaten the peace and stability of the country.
Judicial challenges
The so-called “Respirators” affair, which caused enormous public interest, after more than two years of trial, received a court epilogue in the first-instance verdict in April. The former prime minister of the entity Federation of Bosnia and Herzegovina Fadil Novalić, the former director of the Federal Administration of Civil Protection Fahrudin Solak and the owner of “Srebrena Malina” Fikret Hodžić were found guilty. The first-instance verdict sentenced Fadil Novalić to four years in prison, Fikret Hodžić to five, and Fahrudin Solak to six years. The second-instance verdict is still pending.
At the end of this year, great public interest and disbelief were caused by the arrests and indictments that shook the political and judicial public. It rains on the work of Bosnia and Herzegovina. judicial institutions took place after the arrest of the President of the Court of Bosnia and Herzegovina, Ranko Debevec, who was accused of abusing his position and allowing the wiretapping of judges and employees of the Prosecutor’s Office of Bosnia and Herzegovina who were working on cases of organized crime.
Osman Mehmedagić, the former director of the Intelligence and Security Agency of Bosnia and Herzegovina, was also arrested on the same occasion.
Over the next year, it will be seen whether BH judiciary is ready to conduct large and public-interesting proceedings. The European Commission states that the judiciary has not progressed in terms of independence and impartiality, and that the situation is worsening.
BiH and EU integration
The European Commission’s report on BiH’s progress in 2023 states that limited progress has been made in the implementation of reforms, and the Commission has given a conditional recommendation to open membership negotiations in March, but only if an “appropriate level of compliance” with EU criteria is achieved by then. which would mean the adoption of at least three to four more reform laws in order to get the green light for the negotiation process.
What complicates the process of meeting the conditions is the item that “threats and secessionist rhetoric threaten the peace and stability of the state.”
Nevertheless, after the leaders of the European Union said that their doors are wide open for our country, although certain conditions must be met in order to pass through them, Bosnia and Herzegovina optimistically leaves 2023.
The first major test for our country next year will be in March, when BiH can open accession negotiations with the EU, and the second in October, when local elections are scheduled. Also, the started judicial processes and their verdicts can significantly direct the political future of Bosnia and Herzegovina in the year ahead, which is more than challenging, Federalna writes.
