IT'S ENCOURAGING THAT SECURITY COUNCIL COULD SEEK LEGAL OPINION ON SCHMIDT'S APPOINTMENT

BANJA LUKA, MAY 3 /SRNA/ - The Republika Srpska Minister of Energy and Mining, Petar Đokić, described as encouraging the possibility that the UN Security Council could request a legal opinion from UN legal counsel Elinor Jane Britt Hammerskjöld on whether the appointment of Christian Schmidt was conducted in line with proper procedures, calling it a unique opportunity to verify the legitimacy of that process.

Đokić said it is a positive and encouraging development that the Security Council might seek Hammerskjöld’s opinion on whether the decision of the Peace Implementation Council Steering Board from May 27, 2021, to appoint Schmidt complied with the procedures for appointing high representatives.

"This possibility is an important and positive step. The upcoming UN session on May 12 represents a unique opportunity to request a transparent, independent, and legally grounded review of the legitimacy of the procedures that led to the appointment, in order to clarify all long-standing legal doubts and concerns," Đokić said.

He stated that if a legal and expert analysis finds irregularities in the appointment procedure or in the scope of powers, those irregularities must be corrected in accordance with international law and the Dayton framework.

Đokić emphasized that many decisions made under that mandate had concrete consequences for the institutions and citizens of Republika Srpska and created a sense of injustice among the Serb population.

He believes it is important for the UN Security Council and all relevant international actors to support the engagement of the legal counsel and ensure that the process is conducted openly, professionally, and impartially.

"Making use of this opportunity for a legal review contributes to strengthening the rule of law and stability throughout BiH. Republika Srpska will persist in a peaceful and legal defense of its constitutional rights and interests, using all available international and domestic legal mechanisms," Đokić said.

The UN website text related to the semi-annual Security Council debate on the situation in BiH, which will be held on May 12, stated that the role of the OHR /Office of the High Representative/ and the legitimacy of Christian Schmidt remain key issues that continue to cause divisions regarding the situation in BiH.

It says that China and Russia do not recognize Christian Schmidt as High Representative and have called for the closure of the OHR.

A legal opinion could also be requested from the UN legal counsel regarding the procedures for appointing high representatives in BiH under Annex 10 of the Dayton Peace Agreement.

Such an opinion would likely include an analysis of the Security Council’s past practices regarding appointments, as well as an assessment of whether legal approval by the Council, unanimity within the Peace Implementation Council Steering Board, or consent of the parties in BiH is required.