OHR today reacted to factually incorrect assertions regarding the Dayton Peace Agreement and the legal status of Bosnia and Herzegovina and its entities, which were made in the course of the last few days.
OHR wishes, once more, to make clear that Bosnia and Herzegovina is not a state union or union of states. Bosnia and Herzegovina is a single, sovereign state whose current internal structure was defined by the Dayton Peace Agreement.
The Constitution of Bosnia and Herzegovina, as set out in Annex IV of the Dayton Peace Agreement, unambiguously states that “the Republic of Bosnia and Herzegovina, the official name of which shall henceforth be ‘Bosnia and Herzegovina’, shall continue its legal existence under international law as a state.” The Constitution also specifies that “Bosnia and Herzegovina shall be a democratic state” and “shall consist of the two entities.” In other words, the entities were legally established and are protected by the Constitution of Bosnia and Herzegovina, while Bosnia and Herzegovina continued its existence under international law as a state with its internal structure modified.
The Dayton Peace Agreement could not be clearer on this point, and the OHR rejects any assertion to the contrary. OHR calls on all parties to refrain from repeating false statements about the constitutional arrangements provided for under the Dayton Peace Agreement. The sovereignty and territorial integrity of Bosnia and Herzegovina is guaranteed under international law and not a matter for negotiation.