‘State union’ concept of Bosnia and Herzegovina has no legal basis, says Head of OSCE Mission

SARAJEVO, 11 August 2011 - The Head of the OSCE Mission to Bosnia and Herzegovina, Ambassador Gary D. Robbins, expressed profound concern today over recent statements by public officials asserting that Bosnia and Herzegovina is a “state union” deriving its sovereignty from the entities.

“Such unilateral assertions have no legal basis and are both anti-Dayton and contrary to the Constitution of BiH,” he said. “They also risk raising tensions at a time when politicians should instead be focused on meeting their democratic obligations to form BiH authorities.”

He added: “The facts are clear - the Constitution of BiH, which is part of Dayton’s General Framework Agreement, states that BiH ‘shall continue its legal existence under international law as a state.’ The jurisprudence of the Constitutional Court of BiH – a Court established in the Dayton Peace Agreement – is clear: it has ruled that the Entities are not States, and that they are subject to the sovereignty of BiH. Moreover, the Court clearly stated that the Constitution of BiH does not leave room for any ‘sovereignty’ of the Entities or a right to ‘self-organization’ based on the idea of ‘territorial separation.’"

“Any attempts to mischaracterize the authorities of the State, or the nature of the State of BiH, challenge the basis of the Dayton Peace Agreement and are unacceptable,” emphasized Robbins.