High Representative For Bosnia And Herzegovina

The High Representative for Bosnia and Herzegovina, together with the Office of the High Representative (OHR) in Bosnia and Herzegovina, was created in 1995 immediately after the signing of the Dayton Agreement which ended the 1992 to 1995 Bosnian War. The purpose of the High Representative and the OHR is to oversee the civilian implementation of the Dayton Agreement. They are appointed by and serve to represent the countries of the Peace Implementation Council (PIC).

The so-called Bonn Powers remain a highly contested attribute of the High Representative. Although their legality is questionable, the Bonn Powers give the High Representative a wide range of powers, including imposing and annulling laws and appointing and removing officials.

So far, all of the High Representatives named have been from European Union countries, and their principal deputies have typically been from the United States. The Principal Deputy High Representative serves as International Supervisor for Brčko, representing the international community in the Brčko District.

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

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:
# 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 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.Giulio Venneri
''Modelling States from Brussels?'', December 2007
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 sustained37th Report of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina to the Secretary-General of the United Nations
''
*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.EU to end visa regime for Bosnia in November
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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. See David Chandler's remarks a
Section VI, paragraph 166:
"For every other country the EU is very keen to have democracy, human rights and rule of law, but in Bosnia there is a Special Representative with the power to sack elected officials, to take away people's bank accounts, to dismiss them without any court of appeal and to impose legislation. You can see there is a slight element of double standards there." 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'': " e 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.

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

Footnotes

Bibliography

*

External links

*
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.

{{DEFAULTSORT:High Representative For Bosnia And Herzegovina
Politics of Bosnia and Herzegovina
Government of Bosnia and Herzegovina
Foreign relations of the European Union

1995 establishments in Bosnia and Herzegovina