Statement by H.E. Mr. Ivan Šimonović, Permanent Representative, on the Situation in Bosnia and Herzegovina

Statement by Ambassador Ivan Šimonovic Permanent Representative of the Republic of Croatia in the Security Council Open Debate: Situation in Bosnia and Herzegovina New York, March 22, 2001 Thank you Mr. President, It has been a long time since my delegation has taken part in discussing the situation in neighbouring Bosnia and Herzegovina in the Security Council chamber. Usually, we express our views in the General Assembly Hall, at the time when a resolution concerning the situation in Bosnia and Herzegovina is on the agenda. However, my Government feels that today´s occasion might be appropriate to address some of the disturbing developments in our neighborhood. Croatia remains vitally interested in developments in B&H. The fact that Croats are one of the three constituent peoples in B&H is far from being the only reason for our interest in B&H. The stability of B&H bears direct relevance for the stability, and moreover, the prosperity of Croatia, itself. The shape and length of our country´s border with B&H alone, supports this argument. Moreover, Croatia’s aspirations towards European integrations are greatly influenced by developments in B&H, and Croatian foreign policy has often been evaluated in terms of its policy towards B&H. Both countries rely heavily on each other´s traffic infrastructure and are important trade partners. It is, therefore, self-evident why my Government firmly supports a stable, politically and economically self-sustainable B&H. Croatia supports B&H that will be able to take its place in the European integration processes. However, we recognize that these goals still lie a long way ahead. Croatia is unsatisfied with the progress made so far, and is concerned with the present state of affairs. It is an appropriate time to assess where we stand now, where are we going, and what can we do to speed up the attainment of self-sustainable B&H. The major problems in B&H remain refugee returns, economic revitalization and proper functioning and development of its institutions. So far, no substantial refugee returns have occurred, particularly in regard to “minority” returns in Republika Srpska. Just as an illustration, only 1% of Croats returned to their homes in Republika Srpska since 1995. As time goes by, fewer and fewer people, especially Croats, see their future in B&H. They have already settled in neighboring or third countries. They are losing hope. Despite the fact that the international community spent more then 5 billion USD trying to sort things out in B&H, no single indicator suggests that economic development and substantial growth have taken place. The present constitutional arrangement in B&H is the one that could have been agreed upon by all sides at the time when it was negotiated. Even though it has not been fully implemented, it served the primary purpose of the peace accords, that is to stop the bloodshed. Today, the major task that the international community and the people of B&H face, is to prevent the constitutional structure of the country from becoming its permanent source of instability. The constitutional structure of B&H must continue to develop and evolve with the dynamics of the country’s political, economic and social life. Mr. President, For a long time, Croatia has been drawing the attention of the international community to the main contradiction within Bosnia and Herzegovina´s constitutional structure: namely, the integrity of the country on the one hand, and its de facto partition on the other. Dayton tried to reconcile the peoples of B&H via pledges to create joint institutions, which in turn were to secure their respective basic interests and preserve the values of a multiethnic society. The pledge to reverse the ethnic cleansing and restore pre-war demographic composition fed people´s hopes and raised expectations. At the same time, Dayton did not provide any guidance as how to manage this in-built conceptual contradiction of the peace agreement. It froze the lines of confrontation between the Republika Srpska and the Federation, thereby legitimizing the borders drawn by force. In this regard, Dayton remains unfinished business. Besides refuge returns, the crucial test of implementing both the letter and the spirit of Dayton as the living document, lies in the full implementation of the Decision of the Constitutional Court on constitutionality of all three constituent people, as well as in bringing the Constitution of Republika Srpska and the structure of its Parliament in line with the spirit of Dayton and the Constitutions of B&H and the Federation. As long as some of the three constituent people are excluded from exercising their rights in Republika Srpska, the integrity and self-sustainability of B&H remains unrealistic. By way of reminder, unlike the Federation, the Republika Srpska has no House of Peoples in its Parliament. The Republika Srpska has lived its own life as an ethnically almost pure para-state of Serbian people, whilst the Federation has been struggling to strike and preserve a proper balance between its lesser Croat and a larger Bosniak population. The Croatian Government regrets that some of the political grievances of the Croatian population in B&H have been addressed in an inappropriate manner by some of their elected representatives. Primarily, I refer to unilateral decisions taken by some Croatian political actors at their recent gathering in Mostar. The Mostar Declaration leads the Croatian community in B&H onto the road of isolation, and thereby, furthers marginalisation. This course of action, by no means, should be of any benefit to them. At the same time, it is damaging both for the interests of B&H and Croatia. As a matter of principle, ultimatums are not the method that we approve of now or in the future, when it comes to dealing with sensitive issues. This principle applies equally to all parties, including international actors involved in settling political problems in B&H. We understand the reaction of the High Representative to the Mostar Declaration. My Government views the High Representative’s intervention as an act directed only against individuals, and not as an action directed against the Croatian community in B&H as a whole. We see it as a reaction against radical methods being used, and not as a step against the legitimate interests of the Croatian community in B&H as recognized by Dayton. We do hope that the Croatian people in B&H will see it in this way, too. Taking aside the radical and inappropriate reaction by some political forces, one cannot simply ignore the existence of real problems and legitimate fears held by the Croatian Community in B&H. A striking indicator that something is not right, is the systematic departure of the Croatian population from B&H which has continued even after Dayton. Altogether, in the past ten years the proportion of Croat population in B&H dropped from 17 to 10 percent. The Croats are the smallest constituent nation in B&H. They live in ethnically mixed territories of B&H. They do not have their own entity. Consequently, they cannot rely on the same factors as the other two constituent nations in B&H for protecting their identity and interests, such as size and a separate entity. They can only rely on the functioning institutions of the Bosnian State, that is, the institutions that reflect fully the decision of the Constitutional Court of B&H regarding the equality and constitutionality of all three constituent nations throughout the entire territory of B&H. Croats in B&H can lend their trust only to a political system that guarantees them the preservation of their national, cultural and religious identity, and allows them to be genuinely represented in all joint institutions. These are the very goals of the living Dayton peace accords, too. Have they been achieved? Have the measures undertaken by the international community facilitated their achievement? Mr. President, on the eve of the elections in October last year, my Government expressed its concerns about some of the regulations of the Provisional Election Commission. Croatia approached the OSCE officials and advised them that the adopted regulations were contrary to Article IV A, 8 of the Constitution of the Federation of Bosnia and Herzegovina and the spirit of Dayton. We expressed our concerns that the Croats in B&H could perceive these regulations as a threat to their genuine representation in joint institutions. Croatia feared that, if these regulations were to be implemented, they could backfire and radicalize the Croatian community in B&H. At the time, we were surprised that some of the international community actors were so complacent about this looming threat. Croatia believes that the Dayton goals must be implemented. However, we cannot conceive the project of implementation as a static notion, but as a dynamic one. It requires an appropriate evolution of joint institutions, which must ensure genuine representation and protection of all three constituent people throughout the territory of B&H. All the problems must be resolved within these joint institutions through a democratic process. This is the road to a democratic and self-sustainable B&H. Croatia stands ready to facilitate this process. Croatia believes that the Dayton goals must be implemented. Following the elections in the Republic of Croatia in January last year, Croatia´s assistance to the Croatian people in B&H changed both in terms of method and substance. It became transparent, and oriented towards the economic, cultural and social programs instead of the military ones. At the same time, Croatia will continue to support the territorial integrity of B&H and the efforts to preserve the equality of all constituent people. In this respect, the admission of B&H to the Council of Europe can be an important contribution, and therefore should be sped-up. We will do our utmost to provide help and assistance to B&H, because we need a stable neighbor, a partner we can count on in our joint quest for a European future.

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