The High Representative’s lack of response has led to concessions to ethnonationalists and their territorial ambitions, which fueled genocidal violence in the 1990s. Due to the continuous failure to confront the separatist and territorial plans of ethnonationalists, the High Representative’s inaction appears to strengthen ethnic divisions and undoubtedly pushes Bosnia and Herzegovina (BiH) toward a form of partition that risks repeating the crimes of the 1990s, it was stated yesterday ahead of a regular session of the Association of Independent Intellectuals Circle 99.
David Pettigrew, a professor of philosophy and Holocaust and genocide studies at Southern Connecticut State University and a member of the Board of Directors of the Yale University Genocide Studies Program, addressed the topic “The Failure of the Office of the High Representative (OHR) to Prevent the Undermining of Statehood and BiH‘s Democratic Future.”
“I feel compelled to address the OHR‘s failure to lay the groundwork for transitional justice in BiH. Such foundations for transitional justice would require a commitment to enabling memorials for victims, supporting democracy and the rule of law in BiH through the implementation of European Court of Human Rights (ECHR)rulings, prosecuting genocide denial and the glorification of war criminals, as well as condemning the objectives of the All-Serb Assembly. However, the OHR has done nothing in these areas, thereby accommodating ethnonationalists and depriving BiH citizensof any hope for a democratic future as a sovereign state under the rule of law,” Pettigrew said.
He recalled that earlier this year, the international community celebrated the adoption of the United Nations (UN) General Assembly Resolution declaring July 11th as the International Day of Remembrance for the Victims of the 1995 Genocide in Srebrenica.
“While there was a deserved sense of historical achievement, it is deeply troubling that there is still no memorial for the victims at the Pilica Cultural Center, where crimes were committed as part of the Srebrenica genocide. Bullet holes on the doors and walls of Pilica are a stark reminder of the OHR’s failure to take a comprehensive obligation to secure the right to memorialization. The High Representative has not only failed to support memorials for victims in Pilica, Kalinovik, or Prijedor but has also failed to support democratic constitutional reforms. Such reforms would accelerate BiH‘s accession to the European Union (EU). Yet, there has been an inexplicable failure to implement ECHR rulings. Even more inexplicable was the High Representative’s direct intervention to influence the ECHR ruling in the Kovacevic case,” Pettigrew noted.
In the Kovacevic case, the court found that due to “the combination of territorial and ethnic conditions,” the appellant was unable to vote for a candidate of their choice for the Presidency and the House of Peoples of BiH. The court concluded that the current electoral system in BiH reinforces “ethnic divisions in the country and undermines the democratic system.” The Kovacevic case concerns voting rights as a pillar of democracy.
“Given the consistent nature of these ECHR rulings, the High Representative should use the Bonn Powers to implement the rulings to advance the most basic human rights, democracy, and the rule of law in BiH. Failing to implement court rulings delays necessary democratic and constitutional reforms, accommodates ethnonationalist interests, and strengthens ethnic divisions that could lead to future conflicts. The possibility of renewed conflict looms even more ominously because the OHR has failed to respond decisively to a series of ethnonationalist provocations. A mural glorifying Ratko Mladic remains at the entrance to Kalinovik, in violation of BiH’s Criminal Code. Other persistent provocations include genocide denial and secession threats. The ‘Herzeg-Bosnia‘ flag, declared unconstitutional, is provocatively flown across the so-called Herzeg-Bosnia area. The 2022 HAZU memorandum insists on ensuring ‘the equality of the Croatian people through the establishment of a third entity.’ If achieved, such a third entity would further divide and destabilize BiH,” Pettigrew stated.
He added that following the adoption of the UN Resolution on the Srebrenica genocide, Republika Srpska (RS) and Serbia responded with the “Declaration of the All-Serb Assembly.” The declaration poses a threat to regional peace as it envisions exclusive ethnoterritoriality for Serbs, analogous to the “Greater Serbia” plan from the 1990s. It speaks of the persecution of Serbs and proposes a response through cultural, economic, and political separatism. The declaration emphasizes the separatist integrity of RS and supports celebrating RS Day on January 9th, which has been declared unconstitutional. It opposes NATO membership, denies the Srebrenica genocide, and calls for another denialist “study” on the events in Srebrenica from 1992-1995.
“The High Representative’s lack of response has led to concessions to ethnonationalists and their territorial ambitions that fueled genocidal violence in the 1990s. Due to the persistent failure to confront the separatist and territorial plans of ethnonationalists, the High Representative’s inaction seems to strengthen ethnic divisions and inevitably push BiH toward the kind of partition proposed by the Owen-Stoltenberg peace plan in July 1993. That plan was rejected by President Alija Izetbegovic at the time. Any such concept of BiH‘s division must once again be rejected, as it reinforces ethnonationalist separatism, threatening a repeat of the crimes of the 1990s,” Pettigrew stressed and continued:
“The High Representative must be resolute in implementing a comprehensive memorialization plan that includes the Pilica Cultural Center, the Gunpowder Warehouse, the Partizan Sports Hall, and other sites to ensure a culture of memorialization that raises awareness of the truth for future generations. The High Representative must enforce ECHR rulings, prevent genocide denial and the glorification of war criminals, and stop accommodating ethnonationalists who seek to realize their territorial ambitions from the 1990s, now turning to the Russian Federation for support. The forces of ethnonationalism threaten a repeat of genocide, a threat that must be faced with courage and determination. The Ratko Mladic mural at the entrance to Kalinovik must be removed without delay. RS Day, as affirmed by the ‘Declaration of the All-Serb Assembly,’ must be banned.”
He emphasized that there can be no justification for the OHR’s continued inaction.
“There can be no compromise when it comes to the commitment to transitional justice initiatives for a democratic future under the rule of law for BiH,” Pettigrew concluded.
When asked by journalists to comment on statements by the Croatian Parliament Speaker that “if the concept of three constituent peoples does not prevail, there will be no BiH,” Pettigrew responded that “such statements are contrary to democratic culture.”
“Today, I attempted to argue that the High Representative is pushingBiH toward permanent division, and this is precisely based on the division of the country into three constituent groups, as proposed in the Owen-Stoltenberg plan of July 1993. After the Dayton Peace Agreement and the Dayton Constitution, there has been a de facto division, as this reference to three constituent peoples is often translated as three constituent nations, which permanently undermines the idea of multiculturalism and multicultural democracy,” Pettigrew responded, Federalna writes.
