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| The '''High Representative for ]''', with the ''Office of the High Representative (OHR) in Bosnia and Herzegovina'', was created in 1995 immediately after the ] (DPA) to oversee the civilian implementation of this agreement. The High Representative and the OHR represent the countries involved in the Dayton Accords through the ] (PIC). As of 2013 all of the High Representatives have been from ] countries, while their principal deputies have been from the ]. Principal Deputy High Representative serves the role of ] ]. | The '''High Representative for ]''', with the ''Office of the High Representative (OHR) in Bosnia and Herzegovina'', was created in 1995 immediately after the ] (DPA) to oversee the civilian implementation of this agreement. The High Representative and the OHR represent the countries involved in the Dayton Accords through the ] (PIC). As of 2013 all of the High Representatives have been from ] countries, while their principal deputies have been from the ]. Principal Deputy High Representative serves the role of ] ]. | ||
| The Dayton Accords made the ''']''' in Bosnia and Herzegovina that of '''international ]''',<ref name=regime>John Bacher (2001) , ] Jul-Sep 2001, p.28.</ref> where foreigners via the ''Peace Implementation Council'' and ''High Representative'' exercise ] in overseeing an ] mainly for the elites representing three major ]s. The regime has elements of ] by neighboring ] and ] as the co-signatories to the Dayton Accords. | |||
| ==Legal basis in the Dayton Peace Agreements== | ==Legal basis in the Dayton Peace Agreements== | ||
| The ] 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 ] created the legal albeit merely contractual 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 a body called ]. | ||
| ==The ''Bonn Powers'' of the OHR== | ==The ''Bonn Powers'' of the OHR== | ||
| At its December 1997 meeting in ], the ] agreed in granting further substantial powers to the OHR, in order to avoid the implementation of the ] being delayed or obstructed by local nationalist politicians. The OHR was requested to: | At its December 1997 meeting in ], the ] agreed in autocratically granting further substantial powers to the OHR, in order to avoid the implementation of the ] being delayed or obstructed by local nationalist politicians. The OHR was requested to: | ||
| # adopt binding decisions when local parties seem unable or unwilling to act; | # adopt binding decisions when local parties seem unable or unwilling to act; | ||
| # remove from office public officials who violate legal commitments or, in general, the ].<ref name=venneri/> | # remove from office public officials who violate legal commitments or, in general, the ].<ref name=venneri/> | ||
| 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 ], and the amendment of Entity Constitutional Laws<ref name=venneri/> | The ''Bonn powers'' were ] and ], and as such they went even beyond the ] powers vested in the persona of High Representative. 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 ], and the amendment of Entity Constitutional Laws<ref name=venneri/> | ||
| 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. |
Until 2004, the OHR had dismissed a total of '''139 officials''', including '''judges''', '''ministers''', '''civil servants''' and elected officials such as '''members of parliaments''', sometimes along with freezing their bank accounts. Since the 2002 elections, the OHR scrutinizes all political candidates for major ministerial positions at Entity and State level.<ref name=venneri/> | ||
| Criticisms of the action of the OHR through its ''Bonn powers'' include:<ref name=venneri/><ref></ref> | Criticisms of the action of the OHR through its ''Bonn powers'' include:<ref name=venneri/><ref></ref> | ||
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| On 27 February 2007, the ] decided to end the High Representative's mandate on 30 June 2008. The EU decision to shut down the OHR by June 2007 unexpectedly arose disappointment and concern in the Bosnian population, NGOs, and politicians.<ref name=venneri>, ''Modelling States from Brussels?'', December 2007</ref> | On 27 February 2007, the ] decided to end the High Representative's mandate on 30 June 2008. The EU decision to shut down the OHR by June 2007 unexpectedly arose disappointment and concern in the Bosnian population, NGOs, and politicians.<ref name=venneri>, ''Modelling States from Brussels?'', December 2007</ref> | ||
| However, since the ] February 2008 review, it was decided to extend that mandate indefinitely until a set of positive benchmarks have been fulfilled.<ref name="closure"> <br />Office of the High Representative, 27 Feb 2008, accessed 21 Sept 2008</ref> | However, since the ] February 2008 review, it was '''autocratically decided to extend that mandate indefinitely until a set of positive benchmarks have been fulfilled'''.<ref name="closure"> <br />Office of the High Representative, 27 Feb 2008, accessed 21 Sept 2008</ref> | ||
| ==Conditions for closure of the Office of the High Representative== | ==Conditions for closure of the Office of the High Representative== | ||
| In February 2008 the ] 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:<ref name="closure"/> | In February 2008 the ], again autocratically, 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 those it deemed the key ones for transition, for closure of OHR:<ref name="closure"/> | ||
| * Resolution of State Property | * Resolution of State Property | ||
| * Resolution of |
* Resolution of Defense Property | ||
| * Completion of the ] Final Award | * Completion of the ] Final Award | ||
| * Fiscal Sustainability of the State - ''completed as of May 2010, should be continuously sustained<ref name="report37"></ref>'' | * Fiscal Sustainability of the State - ''completed as of May 2010, should be continuously sustained<ref name="report37"></ref>'' | ||
| * Entrenchment of the Rule of Law |
* Entrenchment of the Rule of Law - ''completed as of May 2010, should be continuously sustained<ref name="report37"/>'' | ||
| In addition to these objectives there are also two conditions: | In addition to these objectives there are also two conditions: | ||
| * signing of the ] - ''completed on 16 June 2008'' | * signing of the ] - ''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'' | * positive assessment of the situation in BiH by the PIC Steering Board - ''to be assessed after all others are completed'' | ||
| Additional non-written condition to be enforced through the "assessment by the PIC Steering Board" final condition, was adopted later by the ] and some{{By whom|date=November 2010}} ]:<ref name="constitution"/> | Additional non-written condition to be enforced through the "assessment by the PIC Steering Board" final condition, was adopted later by the ] and some{{By whom|date=November 2010}} ]:<ref name="constitution"/> | ||
| *reform of the ] to comply with ] decision of December 2009 | *reform of the ] to comply with ] decision of December 2009 | ||
| Closure of the OHR is considered by the Steering Board of the ] to be a |
Closure of the OHR is considered by the Steering Board of the ] to be a prerequisite for ] and even for candidate status.<ref name="constitution"></ref><ref name="communiqué of the PIC"></ref> | ||
| ==List of High Representatives== | ==List of High Representatives== | ||
Revision as of 20:19, 13 November 2014
Not to be confused with Special Representative of the Secretary-General.| High Representative of Bosnia and Herzegovina | |
|---|---|
 | |
 IncumbentValentin Inzko since March 26, 2009 | |
| Inaugural holder | Carl Bildt December 14, 1995 |
| Formation | Dayton Peace Agreement December 14, 1995 |
| Website | Office of the High Representative in Bosnia and Herzegovina |
| Politics of Bosnia and Herzegovina |
|---|
 |
| Constitution |
| Presidency |
| Recent elections |
Foreign relations
|
| Political divisions |
 Bosnia and Herzegovina portal
|
The High Representative for Bosnia and Herzegovina, with the Office of the High Representative (OHR) in Bosnia and Herzegovina, was created in 1995 immediately after the Dayton Peace Agreement (DPA) to oversee the civilian implementation of this agreement. The High Representative and the OHR represent the countries involved in the Dayton Accords through the Peace Implementation Council (PIC). As of 2013 all of the High Representatives have been from European Union countries, while their principal deputies have been from the United States. Principal Deputy High Representative serves the role of Brčko District Supervisor.
The Dayton Accords made the government type in Bosnia and Herzegovina that of international protectorate, where foreigners via the Peace Implementation Council and High Representative exercise autocracy in overseeing an authoritarian democracy mainly for the elites representing three major ethnic groups. The regime has elements of hegemony by neighboring Croatia and Serbia as the co-signatories to the Dayton Accords.
Legal basis in the Dayton Peace Agreements
The Dayton Agreement created the legal albeit merely contractual 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 a body called Peace Implementation Council.
The Bonn Powers of the OHR
At its December 1997 meeting in Bonn, the Peace Implementation Council agreed in autocratically granting further substantial powers to the OHR, in order to avoid the implementation of the Dayton agreement being delayed or obstructed by local nationalist politicians. The OHR was requested to:
- adopt binding decisions when local parties seem unable or unwilling to act;
- remove from office public officials who violate legal commitments or, in general, the DPA.
The Bonn powers were extra-judicial and absolutist, and as such they went even beyond the autocratic powers vested in the persona of High Representative. 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 elected officials such as members of parliaments, sometimes along with freezing their bank accounts. Since the 2002 elections, the OHR scrutinizes all political candidates for major ministerial positions at Entity and State level.
Criticisms of the action of the OHR through its Bonn powers include:
- the lack of accountability of his position, which is only responsible to the Peace Implementation Council;
- the lack of appeal of his decisions, which are not bound on a preliminary hearing of the concerned persons, and which have immediate effect. Removals may in some cases also impose a life-ban on public offices.
The Parliamentary Assembly of the Council of Europe, which Bosnia and Herzegovina had joined in 2002, has voiced complaints against the actions of the OHR, requiring it to transfer his powers to the Bosnian authorities as soon as possible.
The OHR's prolonged interference in the politics of Bosnia and Herzegovina is also considered to be one of the causes of the low commitment of citizens towards the state (shown by low voter turnout) and of low accountability of politicians (whose actions are finally subject to external review).
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 2007, 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 arose disappointment and concern in the Bosnian population, NGOs, and politicians. However, since the PIC February 2008 review, it was autocratically decided to extend that mandate indefinitely until a set of positive benchmarks have been fulfilled.
Conditions for closure of the Office of the High Representative
In February 2008 the Peace Implementation Council, again autocratically, 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 those it deemed the key ones for transition, for closure of OHR:
- Resolution of State Property
- Resolution of Defense 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 Stabilization 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
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
Closure of the OHR is considered by the Steering Board of the Peace Implementation Council to be a prerequisite for EU membership and even for candidate status.
List of High Representatives
| # | Name | Born-Died | Took Office | Left Office | Country |
|---|---|---|---|---|---|
| 1 | Carl Bildt | 1949– | 14 December 1995 | 17 June 1997 | Sweden |
| 2 | Carlos Westendorp | 1937– | 18 June 1997 | 17 August 1999 | Spain |
| 3 | Wolfgang Petritsch | 1947– | 18 August 1999 | 26 May 2002 | Austria |
| 4 | Paddy Ashdown | 1941– | 27 May 2002 | 31 January 2006 | United Kingdom |
| 5 | Christian Schwarz-Schilling | 1930– | 1 February 2006 | 30 June 2007 | Germany |
| 6 | Miroslav Lajčák | 1963– | 1 July 2007 | 28 February 2009 | Slovakia |
| 7 | Valentin Inzko | 1949– | 1 March 2009 | Incumbent | Austria |
See also
- EUFOR Althea - European peacekeeping force for overseeing the military implementation of the Dayton agreement.
- European Union Police Mission in Bosnia and Herzegovina - Police mission in the framework of the European Union's Common Foreign and Security Policy, helping local police with organized crime and police reform.
- Special Representative of the Secretary-General for Kosovo
References
- John Bacher (2001) Review of "The Lessons of Yugoslavia" by Metta Spencer (Ed.) Elsevier Science, 2000, 378 pp. ISBN 0-7623-0280, Peace Magazine Jul-Sep 2001, p.28.
- ^ Giulio Venneri, Modelling States from Brussels?, December 2007
- Matthew Parish, Demise of the Dayton Protectorate, J.Intervention and Statebuilding, Vol. 1 Special Supplement
- Council of Europe, Honouring of obligations and commitments by Bosnia and Herzegovina, 2004
- "EU Special Representative in Bosnia and Herzegovina". European Union External Action. Retrieved 2012-11-23.
- Vogel, Toby (9 July 2009). "Cypriot threats could affect role of top envoy in Bosnia". European Voice. Retrieved 2 October 2010.
- ^ 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 21 Sept 2008 - ^ 37th Report of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina to the Secretary-General of the United Nations
- ^ EU to end visa regime for Bosnia in November
- Communiqué of the Steering Board of the Peace Implementation Council
External links
- Office of the High Representative in Bosnia and Herzegovina
- Reports of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina to the Secretary-General of the United Nations
- "Bosnia: Europe's time to act", International Crisis Group report, 11 January 2011; on the scenarios of closure of the OHR and the transfer of EUSR powers to the EU delegation in Sarajevo.
| High Representatives for Bosnia and Herzegovina | |||
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