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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.
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