NEW YORK, MAY 1 (ONASA) – In front of the United Nations Security Council, a session on Bosnia and Herzegovina was held last night, and Bosnia and Herzegovina’s permanent representative to the UN, Zlatko Lagumdžija, also addressed the council.
Lagumdžija’s speech followed addresses by Bosnian Presidency member Željka Cvijanović and the High Representative in our country, Christian Schmidt. At the outset, he strongly criticized Russia’s policy in Bosnia and Herzegovina, particularly in the context of calling for this meeting.
“It is important to be seriously concerned that this Council is being instrumentalized as a public stage to the detriment of Bosnia and Herzegovina. It has nothing to do with concern for the situation in Bosnia and Herzegovina, but with the abuse of power in the Council to perpetuate a one-sided and dangerous narrative.
The Russian Federation has repeatedly shown its concern only for one part of BiH. I will remind you of the words of the Russian PR from May 2023: ‘The Dayton multi-ethnic vision of the country is in danger. The classic neo-colonial Western approach of Western countries in Bosnia and Herzegovina represents a real threat to the implementation of the Peace Agreement. Moreover, it undermines the very foundations of the statehood of Bosnia and Herzegovina and violates the fundamental rights of its constituent peoples, thus further increasing tensions.'”
Lagumdžija stated that this is an opportunity to explain how today’s (last night’s) meeting supports the multi-ethnic version of the country if, under the pretext of urgency, we listen to a private person from one administrative unit in BiH speaking about the situation in BiH.
“How is this in line with and supportive of the Dayton Peace Agreement? How is this not a violation of the rights of at least two constituent peoples, if not all three, and Others, as well as the citizens of Bosnia and Herzegovina who actually determine the Constitution of Bosnia and Herzegovina, which is an annex to the Dayton Peace Agreement?” Lagumdžija said.
He then added that it is Russia that is escalating tensions in our country, and then explained more reasons why this is the case.
“First, the fact that you distributed a letter from a member of the Presidency of Bosnia and Herzegovina from Republika Srpska, fully aware that by distributing that letter as an excuse for this meeting, both you and that member of the Presidency of Bosnia and Herzegovina are violating the Dayton Peace Agreement, speaks of, to put it mildly, your bias.
Without a clear request from the president of the state, in this case, the chair of the Presidency of Bosnia and Herzegovina, or communication from the mandate UN mission of the Security Council and EUFOR Althea, on the ground, supporting the Council’s emergency measures, you have used procedural abuse of the temporary rules of procedure of this Council. In doing so, you further degraded the institution of the Presidency of Bosnia and Herzegovina.
Although the BiH Constitution legally establishes that Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina and Republika Srpska, it does not leave room for the “sovereignty” of entities in accordance with international law, and the powers of entities do not express statehood but stem from the distribution of powers through the Constitution of BiH. This is also the position of the Constitutional Court of BiH, whose decisions are final and binding.
Therefore, presenting the views of an administrative-territorial unit in Bosnia and Herzegovina instead of official state positions, as is the case with the letter in question, has no legal basis and, again, violates the relevant provisions of the Dayton Peace Agreement,” Lagumdžija continued.
He then addressed part of Cvijanović’s presentation, which spoke about the Dayton Agreement, or about the competencies and powers of the state-level authorities in Bosnia and Herzegovina.
“Allow me to illustrate some elements of ignorance related to constitutional provisions contained in the letter of a member of the Presidency of Bosnia and Herzegovina from Republika Srpska. It starts with the mistaken description of ‘the powers of BiH institutions in only six areas.’ However, when you count them, you see that there is a list of only 5 of them. However, we do not recognize either 5 or 6 powers. ‘Article III: Responsibilities and relations between the institutions of Bosnia and Herzegovina and the entities’ in paragraph “1. Responsibilities of the institutions of Bosnia and Herzegovina” are precisely listed one after the other as the powers of the institutions of BiH in ten (10) areas – not 5 or 6.
The same Article III, in paragraph “5. Additional responsibilities” in point (a) defines that “Bosnia and Herzegovina assumes responsibility for such other matters agreed upon by the entities; listed in Appendices 5 to 8 of the General Framework Agreement; or are necessary for the preservation of the sovereignty, territorial integrity, political independence and international personality of Bosnia and Herzegovina, in accordance with the division of responsibilities between the institutions of BiH. Additional institutions may be established as necessary to carry out such responsibilities.”
Lagumdžija further stated that the list of institutions established over the past two decades is very long.
“Let me mention just a few as an illustration: Armed Forces, Court, Tax Administration,
Border Service, Agency for Security and Intelligence Affairs of Bosnia and Herzegovina,” said Bosnia and Herzegovina’s permanent representative to the UN.
Furthermore, Lagumdžija strongly criticized the authorities in the smaller BiH entity. He particularly emphasized announcements by authorities, namely by the president of Republika Srpska, Milorad Dodik, that this entity would try to secede from Bosnia and Herzegovina.
“I will admit that Bosnia and Herzegovina has faced several critical challenges over the past few years, but mostly through a series of actions repeatedly taken by the Government of Republika Srpska. This represents an unprecedented attack against the General Framework Agreement for Peace in Bosnia and Herzegovina.
Authorities in Republika Srpska (RS) have taken continuous actions undermining the constitutional order and state institutions, increasing ethnic tensions through divisive and inflammatory rhetoric, and restricting freedom of assembly and expression, contributing to increased political and ethnic tensions throughout the country.
The ruling coalition of Republika Srpska has begun to take steps to create conditions for the potential future secession of Republika Srpska from BiH, as stated in a joint statement signed by the ruling parties of Republika Srpska on April 24, 2023, outlining steps that could create conditions for future secession. The latest adoption of the Draft Law on RS Election, where BiH state powers in the field of elections in the RS National Assembly were assigned to the entity.
However, more importantly, the attacks by the Government of Republika Srpska are currently aimed at two civil institutions in Bosnia and Herzegovina defined by the Dayton Peace Agreement: the Office of the High Representative and the Constitutional Court of Bosnia and Herzegovina, which have the mandate and means to prevent separatism,” Lagumdžija explained.
He did not miss the opportunity to criticize Serbia and reminded them of the declaration adopted in 2010 in the parliament of this country, condemning the crime committed against Bosniaks in Srebrenica, although it does not mention the legal qualification of genocide, which has been confirmed in several judgments of the International Court of Justice in The Hague.
Bosnia and Herzegovina’s permanent representative to the UN also highlighted the true motives for initiating the Resolution on Genocide in Srebrenica.
“Unlike the narrative promoted as opposition to this resolution, let me emphasize the fundamental goal of the resolution: to build sustainable peace and promote the processes of justice, truth, and trust in Bosnia and Herzegovina and the Western Balkans region. And here, I deeply agree with our neighbor, the Republic of Serbia when it says that we need a discussion on this topic. Yes, we are more than open to discussion; we just need to discuss how to implement the judgments of the ICTY and the ICJ, how to reconcile with the past, and how to build a better future together. Institutional protection of the legacy and legal practice of the ICTY and the ICJ both protects civilizational values and fundamental principles on which the UN is based, but also stands as a warning that impunity for this grave crime will not be tolerated,” Lagumdžija emphasized.
He then focused on the importance of adopting this resolution. He emphasized the damage caused by denying genocide in Srebrenica and added what impact it has on the families of the victims.
“Denial is the ultimate stage of genocide itself that lasts through it and always follows genocide. It is a form of desecration of the dead, a violation of one of the most basic human norms. It brutalizes us and facilitates the repetition of crimes. Is that the kind of society we want to leave to our children? Where denial of genocide can only lead to its repetition.
By denying the genocide committed in and around Srebrenica, as well as glorifying legally convicted war criminals, survivors of genocide are daily subjected to attacks on their dignity. It dehumanizes them and deprives them of recognition and justice. It hinders the fight against impunity for war crimes and, ultimately, the possibility of reconciliation. The culture of remembrance of the victims of genocide in Srebrenica must not and cannot be a culture of denial but a culture of remembrance so that genocide would never be repeated to anyone.
The harm caused by denial is not only inflicted on the victims or affected communities or their tireless efforts to preserve the memory of those lost in these horrific crimes. It undermines the very foundations of this Organization, the shared values, and principles that bind us. Allowing the failure of this resolution would actually inflict irreparable damage to the credibility of the United Nations as a bastion of the international rules-based order, it will have a serious impact on our efforts to promote peace and security and respect for human rights, tarnish future accountability and justice delivery. Failure to adopt this resolution would enable the denial of genocide and the spread of hate speech unhindered throughout the region, permanently destroying any chance of reconciliation,” Lagumdžija said.
At the end of his speech, he recalled the words of former UN Secretary-General Kofi Annan.
“Protecting the truth from denial and providing justice to the victims of genocide in Srebrenica is our best chance to prevent the recurrence of genocide.
The UN has recognized the mistake made towards Bosnia and Herzegovina.
UN Secretary-General Kofi Annan noted the guilt of the international community, saying that ‘Srebrenica represents the greatest shame in the history of the UN.’
Mistakes made cannot be corrected anymore, but we have an obligation to prevent new ones. Together.
If the UN made them in 1995, then we should not repeat them in 2024.
So – Never again,” said Zlatko Lagumdžija, concluding his speech. (end)