United Nations Security Council: Serb Republic Report About Bosnia and Herzegovina

Serb Republic , a party to all of the annexes that comprise the Dayton Accords, submits this 5th Report to the United Nations Security Council on the situation in Bosnia and Herzegovina. The Report takes note of the High Representative’s 4 May 2011 letter to the Security Council and Secretary General of the United Nations and the accompanying “special report” as well as statements made in the High Representative’s semiannual report to the Security Council.1
The High Representative’s primary position in his documents of 4 May is that criticism of his actions, or even public discussion of them via a legally organized referendum, would constitute violation of the Dayton Accords. Such a position is obviously incorrect as a matter of law. The Dayton Accords mandates a democratic form of governance in Annex 4 (the BiH Constitution) and in Annex 6, which requires that the Government of BiH and the Entities ensure to BiH citizens the highest level of protection of their human, civil and political rights. Providing for a discussion and survey of citizens’ views regarding the High Representative’s practice of imposing law and amending constitutions by decree and of punishing citizens without any legal process is protected by the Dayton Accords, the BiH Constitution and by the international human, civil and political rights treaties to which BiH is a party. It is not actions of the RS Government, but rather recent and past actions of the High Representative that threaten the stability of BiH, as respected international organizations have pointed out. In this regard, the Government of Republika Srpska must express its strong objections to these documents. These documents seek to mislead the Council regarding both the relevant facts and law. To assist the Council in understanding these issues raised by the High Representative and the current situation in Bosnia and Herzegovina, the Government provides this 5th Report and attaches to this Report three additional documents that provide detailed analyses relevant to these issues. These documents are entitled Referenda are Vital Instruments of Democracy, The High Representative’s Assault on Judicial Independence and The High Representative’s Annulment of the Central Election Commission’s Decisions is a Gross Violation of the Law and Highly Destabilizing to BiH. The 5th Report and the attached documents supplement the letter from Republika Srpska President Milorad Dodik to the United Nations Secretary General and President of the Security Council, dated 6 May 2011. Read more….