The reporting period was dominated by post-election government formation and disruptive rhetoric and action by the ruling coalition in Republika Srpska (RS). The establishment of most executive, legislative, and judicial authorities of the State, Federation, RS, and cantons after the General Elections of 2 October 2022 concluded with unprecedented speed.
However, the President and the two Vice-Presidents of the Federation have not yet agreed on forming a new government. I encouraged all political parties to reach a compromise. I emphasized that a long-standing political deadlock in the Federation is detrimental to Bosnia and Herzegovina (BiH) and its path to EU integration. The continuation of the current caretaker government would lack democratic legitimacy.
On 23 March 2023, BiH Constitutional Court decided that my decisions of 2 October 2022, which amended the Constitution of the Federation and the Election Law, are in full accordance with the BiH Constitution and relevant international human rights covenants.
The secessionist rhetoric and action by the RS authorities, namely Mr. Milorad Dodik, has intensified in the reporting period. It poisons the political climate in the entity and the entire country. RS authorities categorically reject the authority of the Constitutional Court of Bosnia and Herzegovina, the OHR and they pursue a confrontationist attitude towards Western partners. On 24 April, the RS ruling parties signed a joint statement with concrete steps toward secession. This is a dangerous development. The re-direction, suspension or conditioning of funding are tools which international partners have at hand to respond to this development and which must remain on the table.
RS authorities continued to undermine BiH state institutions by obstructing their work and decision-making and claiming constitutional and legal competencies for RS, which belong to the State. On 27 February 2022, I suspended a new law on immovable property adopted by the RS National Assembly, which was based on a misinterpretation of the constitutional structure and violated past judiciary rulings.
I note a clear tendency toward authoritarianism in Republika Srpska, characterized by legislative initiatives which further shrink the space for civil society and media. Bosnia and Herzegovina risks becoming a country divided between authoritarianism in one entity and democracy in the other.
I amended the law on the Srebrenica-Potočari Memorial Center on 20 February 2023 to broaden and intensify its engagement for memorialization and truth-telling for future generations. Denial of genocide by RS leaders continues to pose a serious problem.
Smooth budget adoption at all levels is a positive step for Bosnia and Herzegovina’s fiscal sustainability. Apart from that and some positive developments in the Brčko District, little progress has been made in implementing the 5+2 Agenda. Bosnia and Herzegovina still faces considerable challenges concerning state and defense property, the rule of law, and fiscal sustainability. I am committed to intensifying OHR’s work in these areas.
