High Representative for Bosnia and Herzegovina

Legal basis in the Dayton Peace Agreements

The Dayton Agreement created the legal basis for the OHR. Its Annex 10 provides for the institution of the Office of the High Representative (OHR) in Bosnia and Herzegovina to oversee the civilian implementation of the agreement, representing the countries involved in the Dayton Accords through the Peace Implementation Council. The annex also states that the high representative is to be appointed "consistent with relevant United Nations Security Council resolutions" and to carry out his tasks "as entrusted by a United Nations Security Council resolution". The issue of Security Council approval of high representatives has been a point of controversy in the case of Christian Schmidt's appointment in 2021, which was considered illegitimate by Russia and China as well as some politicians in Bosnia and Herzegovina.

The "Bonn Powers" of the OHR

Main article: Bonn Powers

At its December 1997 meeting in Bonn, the Peace Implementation Council agreed to grant further substantial powers to the OHR, to avoid the implementation of the Dayton Agreement being delayed or obstructed by local nationalist politicians. The OHR was requested to:

1. Adopt binding decisions when local parties seem unable or unwilling to act;
2. Remove from office public officials who violate legal commitments or, in general, the DPA.

The legality of the Bonn Powers is questionable, and they were introduced after the Dayton Agreement was signed. Additionally, the PIC does not have the authority to grant powers to the high representative. Despite this, the Bonn Powers give the high representative broad authority, including the ability to make and annul laws, as well as appoint and remove officials.

The Bonn Powers were extensively used by the OHR in the following decade. Some examples include the adoption of the Defence reform in April 2003, with the suppression of the Supreme Defence Council of the Republika Srpska, and the amendment of Entity Constitutional Laws.

Until 2004, the OHR had dismissed a total of 139 officials, including judges, ministers, civil servants and members of parliaments, sometimes along with freezing their bank accounts. After the 2002 elections, the OHR scrutinised all political candidates for major ministerial positions at entity and state level.

Fusion with the EUSR post

Between 2002 and 2011, the high representative also served as the European Union special representative to Bosnia and Herzegovina.

Under Christian Schwarz-Schilling, the OHR seemed to soften its invasiveness, thanks to pressures from the Council of Europe and a growing EU involvement. The number of OHR legislative initiatives and of dismissed officials lowered.

On 27 February 2008, the PIC decided to end the high representative's mandate on 30 June 2008. The EU decision to shut down the OHR by June 2007 unexpectedly aroused disappointment and concern in the Bosnian population, NGOs, and politicians. However, since the PIC February 2008 review, it was decided to extend that mandate indefinitely until a set of positive benchmarks have been fulfilled.Press conference by the High Representative Miroslav Lajčák following the Peace Implementation Council Steering Board session in Brussels on 26–27 February 2008

Office of the High Representative, 27 Feb 2008, accessed 8 June 2016

The "double hatting" between EUSR and OHR was discontinued in 2011, when the EU representative post was fused between the EUSR and the head of the EU delegation.

Conditions for closure of the Office of the High Representative

In February 2008, the Peace Implementation Council set the conditions for closure of the OHR. The most critical issues will be considered objectives to be achieved by the BiH authorities before transition from OHR to a European Union presence can take place. From a long list of known priorities the PIC selected the key ones for transition, for closure of OHR:

• Resolution of State Property
• Resolution of Defence Property
• Completion of the Brčko Final Award
• Fiscal Sustainability of the State – completed as of May 2010, should be continuously sustained
• Entrenchment of the Rule of Law – completed as of May 2010, should be continuously sustained In addition to these objectives there are also two conditions:
• Signing of the Stabilisation and Association Agreement – completed on 16 June 2008
• Positive assessment of the situation in BiH by the PIC Steering Board – to be assessed after all others are completed An additional non-written condition to be enforced through the "assessment by the PIC Steering Board" final condition, was adopted later by the US and some EU countries:
• Reform of the constitution to comply with ECHR decision of December 2009

The closure of the OHR is considered by the Steering Board of the Peace Implementation Council to be a pre-condition for EU membership.

Criticisms

In the many years attempting to facilitate the integration of a stable federal Bosnian state, it has been argued that the OHR posed challenges in accomplishing its principal task. The OHR's prolonged intervention in the politics of Bosnia and Herzegovina has been considered by some as a potential cause of the allegedly low commitment of citizens towards the state, as perceived by the low voter turnout, and of the purported low accountability of politicians, whose actions may be subject to the OHR's review.

Former HR Paddy Ashdown noted the high representative has "powers that ought to make any liberal blush." Criticisms of the action of the OHR through its Bonn powers include:

• the lack of accountability of the position, which is answerable only to the Peace Implementation Council;
• the lack of due process available to those affected by HR decisions.

In addition to the potential consideration of imposing legislation on contentious issues, the OHR "developed the practice of dismissing public officials from their offices and banning them from holding any public employment again ... often without even admitting the dismissed persons to confront the charges brought against them, let alone granting them a fair hearing or a right to appeal." In June 2004, for example, Paddy Ashdown dismissed 58 public officials in a single day. Politicians and judges have been subject to potential removal. Some of those dismissed were allegedly banned for life from holding public office and their bank accounts been frozen as well. Doubts about the legality of both the OHR's interpretation of its mandate and particular actions have been expressed by the Council of Europe and others.

In 2004, the Parliamentary Assembly of the Council of Europe, which Bosnia and Herzegovina had joined in 2002, voiced complaints against OHR's actions, and expressed the need "to define a clear strategy for transferring responsibilities from the High Representative to domestic authorities." Russia and China have rejected the continuation of the office and have tried at the UN to have it terminated. They argue that it violates BiH's sovereignty, and they claim that the West persists with the setup so it can remain the "guardian" of the country. Valentin Inzko, during his tenure as high representative, declared: "We have to wait for the moment that Bosnia–Herzegovina is irreversibly on its way to Euro-Atlantic integration, then we should shut down the Office."

See also an interview several years later with Nezavisne novine: "[T]he goal remains the same: a stable and prosperous BiH, irreversibly on its way to the EU";

List of high representatives

List of principal deputy high representatives

The second-ranking official at the Office of the High Representative carries the title of "Principal Deputy High Representative (PDHR)", who also serves as the International Supervisor for Brčko since 2007. For many years, the individual filling that role has been an official of the United States government, in most cases a career Foreign Service Officer of the U.S. Department of State. Throughout much of OHR's earlier history, there were also individuals who held the title of "Deputy High Representative," a rank just below that of the PDHR.

Footnotes

Bibliography

References

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