The state property of Bosnia and Herzegovina (BiH) is the most important political topic in our country. Now the Office of the High Representative (OHR) is dealing with it more intensively again, which seems very dangerous for BiH since there is talk of the “distribution” of state property. These are the implications of such an attitude.
Apart from the fact that the public is not familiar with who the experts are who deal with the issue of our country’s property, which is a continuation of the non-transparent operation of the OHR behind closed doors, instead of being guided by the principles that in all democratic societies ensure the participation in decision-making of those to whom they relate, according to in his own judgment about what is or is not good for BiH, theyfrom OHR continue to make political decisions.
Another extremely problematic statement is the one about the envisaged “distribution” of state property between BiH and its administrative units. So, the high representative in BiH is looking for an alibi ”to feed the wolves and keep all the sheep in number”, that is, he wants the impossible.
Now, after 2021 and 2022 were politically turbulent precisely because state property was the subject of decision-making by the Constitutional Court of BiH, OHR, in addition to solving the crisis with the formation of a new government in BiH entity ofthe Federation of BiH (FBiH) entity, obviously wants to bring a solution for state property through the work of some new working group.
It is probably a perceived way of extinguishing the political flames aimed at the authorities in the Republika Srpska (RS) by the famous “distribution” of state property.
If anyone thinks that it is possible to distribute anything that belongs to the state, they are starting to solve the matter of anne dominum in 2023 without taking into account several key things.
BiH is a state that continued its existence with a modified internal structure according to the provisions of the Dayton Peace Agreement. Therefore, the state, not the entities, cantons or local communities, is the owner of the property unless its authorities decide to give the property to other levels of government for the benefit of all citizens.
It is not possible to distribute state property in order to cover up the decades-long crime of selling it and thereby amnesty from guilt those who did such a thing, and accordingly calm the rhetoric of individuals from the RS who are more than aware of the possibility of serving prison sentences for all those whose the bank account is bigger and the debts are smaller, thanks to the assets that belong to everyone in this country.
The State Constitutional Court, precisely as the highest state court whose decisions are final and binding for all, interprets the provisions of the Constitution of BiH, and that court clarified that the property of BiH is not only a collection of real estate that serves the public authority, but that state property is also a public good (sea water, seabed, river water, river beds, lakes, mountains and other natural resources, public and transport network, transport infrastructure).
The only solution to the problem of state property is very simple. It is necessary to pass a state law that will define everything that is contained in the judgments of the Constitutional Court of BiH and the Agreement on Succession, and determine how it can be ensured that the state authorities allocate the property of BiH to the disposal of other levels of government.
Currently, the Law on the Temporary Prohibition of the Disposal of State Property is in force in BiH, which is the OHR law that was last updated on April 12th, 2022, when High Representative Christian Schmidt decided to amend that law in such a way as to incorporate the decisions of the Constitutional of the Court of BiH.
However, all such positive examples of the OHR’s actions will be nullified the moment (and if) Schmidt decides to impose a decision by which he will “distribute” state property instead of fully protecting it and ensuring its return to its previous state, Klix.ba reports.
