AUTOCRATIC RULE OF AN UNELECTED FOREIGNER OVER BIH

BANJA LUKA, MAY 9 /SRNA/ - Retired German bureaucrat Christian Schmidt is illegitimately appropriating the role of High Representative in BiH and enacting laws whenever and however he sees fit, contrary to the Constitution of BiH agreed upon in Dayton and with complete disregard for the rule of law, according to an appendix to the 35th Report of the Government of Republika Srpska to the UN Security Council.

The Government of Republika Srpska states that Schmidt's claim to hold the office of High Representative is, in general understanding, unfounded.

"Unlike all previous High Representatives, his appointment was not approved by the UN Security Council as required by the Dayton Agreement. Instead, Schmidt claims he was appointed by an informal group of countries calling itself the Steering Board of the Peace Implementation Council /PIC/," the document states.

It points out that the Dayton Agreement, which is the sole legal basis for the existence of the High Representative, gives neither the PIC nor its Steering Board any authority whatsoever to appoint a High Representative.

"On the contrary, the agreement does not even mention or provide for the PIC, which, as confirmed by the European Court of Human Rights, is merely an 'informal group of states.' The PIC has no statute, no rules of procedure, no legal personality, nor any authority," the appendix states.

SCHMIDT A SYMPATHIZER OF THOSE WHO COMMITTED GENOCIDE AGAINST SERBS IN WORLD WAR II

The report assesses that appointing a German as High Representative would itself be a grave insult to the citizens of BiH, given that Germany and its allies committed genocide against Serbs, Jews, and Roma in BiH during World War II.

"However, the selection of Christian Schmidt, given the sympathies he has displayed, was scandalous. Schmidt has even faced criticism in the German press for his attitude toward victims of Nazism. He is a loyal member of the 'Comrades' Circle of Mountain Troops' /Kameradenkreis der Gebirgstruppe/, an organization that often honors Nazi 'heroes' from World War II," the document states.

The Government recalls that in 2007, Schmidt attended an event dedicated to fallen mountain troops together with Nazi war criminal Josef Scheungraber and other veterans of the Nazi Wehrmacht, including units that committed massacres in Yugoslavia during World War II.

It also states that Schmidt, while serving as Parliamentary State Secretary in the Ministry of Defense during the 2000s, made major efforts to rehabilitate Werner Mölders, a Nazi fighter pilot closely connected to Hermann Göring and decorated as a "hero of National Socialism."

"That a man like Schmidt, with such offensive views and associations, could even be considered for any diplomatic position is astonishing in itself, and to choose him for a mission in a country so devastated by the very German troops he glorifies is a complete disgrace," the Government states.

It adds that the administration of then-U.S. President Joseph Biden allowing German Chancellor Angela Merkel to select such an extremely controversial figure for any role in BiH was a diplomatic failure of the highest order.

UNELECTED FOREIGNER BLATANTLY TRAMPLES CONSTITUTIONAL PROVISIONS AND VIOLATES INTERNATIONAL LAW

The appendix states that the Dayton Agreement, which is the sole source of the lawful mandate of the High Representative, limits his functions to activities such as reporting on implementation of the agreement, coordinating international efforts in BiH, and acting as a mediator.

No provision of the Dayton Agreement, nor any other legal source, contains even the slightest indication that the High Representative has any authority to impose laws. Through the Constitution of BiH, the Dayton Agreement explicitly requires that all laws in BiH be adopted by both chambers of the Parliamentary Assembly.

The Constitution, it adds, gives the High Representative no role whatsoever in the legislative process and stipulates that BiH is a democratic state functioning under the rule of law and on the basis of free and democratic elections.

"An unelected foreigner who imposes laws through his decisions grossly tramples these constitutional provisions and flagrantly violates international law, which guarantees citizens the right to democratic governance," the document states.

The Government notes that, nevertheless, with the support of certain powerful foreign capitals, High Representatives assumed the power to impose laws on the citizens of BiH simply because no one could or would stop them, thereby seriously undermining the constitutional order.

While the Dayton Agreement carefully established safeguards to ensure that none of BiH's three principal communities-Bosniaks /Muslims/, Croats /Roman Catholics/, and Serbs /Orthodox Christians/-would fall under the political domination of another, certain High Representatives recklessly used self-assumed autocratic powers to disrupt that delicate balance and centralize control over BiH through Sarajevo-based institutions allegedly dominated by Bosniaks.

"Schmidt particularly stands out for his reckless and repressive use of these autocratic powers. He has enacted dozens of 'laws' simply by publishing them on the OHR website, triggering one political crisis after another in BiH. He persistently demonstrates complete disregard for democratically elected officials in BiH, especially those from Republika Srpska," the appendix states.

It recalls that last year Schmidt attempted to disable the most significant political party in Republika Srpska's ruling coalition by administratively denying it access to public funds, including those legally guaranteed to it under a law passed by the Parliamentary Assembly.

However, his most scandalous decree was the criminal offense he himself invented in July 2023, threatening prison sentences for anyone who failed to treat his decisions as if they had been enacted through the constitutionally mandated legislative process.

"The undisguised goal of that decree was to remove then-President of Republika Srpska Milorad Dodik from office through BiH politicized judiciary, which was achieved thanks to a judiciary under the control of Bosniak structures," the appendix states.

It also recalls that Schmidt repeatedly threatened to bypass BiH judiciary entirely and impose extrajudicial sanctions, including immediate dismissal and bans on holding public office.

It adds that he has made his actions completely immune from any form of accountability before any domestic or international body.

Furthermore, he still maintains a decision prohibiting any proceedings before the Constitutional Court or any other court that would "in any way challenge any decision of the High Representative."

DESTRUCTIVE CONDUCT

According to the Government, Schmidt's mandate has also been marked by open disregard for ethical norms. Under the Standards of Conduct for the International Civil Service, adopted by the UN General Assembly in 2013, international civil servants must not interfere in politics or government affairs.

These standards further state that any action, direct or indirect, aimed at undermining or overthrowing a government constitutes a serious breach of duty.

Schmidt, the Government argues, clearly places no value on such standards, whether those of the UN or any other organization.

"It is a disgrace for the international diplomatic community that his unlawful, unethical, and destructive conduct in BiH has not been brought to an end once and for all," the appendix states.

The report warns that Schmidt's unlawful removal of Republika Srpska President Milorad Dodik from office has only further strengthened Republika Srpska's determination that BiH must be governed by its democratic institutions in accordance with the Dayton Agreement, rather than by an unelected foreign bureaucrat claiming autocratic powers.

"For BiH to succeed and have a stable future, it must be governed by its own citizens. Republika Srpska calls on all who value democracy and the rule of law to demand an end to foreign colonial administration in BiH and to insist that the country be governed by elected representatives in accordance with its Constitution," the appendix to the Report to the UN Security Council concludes.