Office of the High Representative Speeches

Speech

Remarks by the High Representative on the Brcko Arbitration Award

5 March 1999

As I speak to you, Roberts Owen, the independent Arbitrator on Brcko, is making public in Washington his arbitration award on the disputed town and his full statement is available for you after this conference.

In doing so, he is putting in place the final piece of the Dayton jigsaw.

The status of Brcko was the one item of outstanding business left unresolved at Dayton three years ago, which was not surprising given the sensitivity of the issue for both sides involved.

They agreed to overcome this by placing Brcko under independent arbitration. They agreed that the arbitration would be final and binding. And that they promised to implement it - whatever it was - without delay.

Now the time has come for both sides to honour their pledges.

Roberts Owen, after careful reflection over a period of three years, and after extensive and careful consultations with all sides, has made his decision.

He is announcing today the creation of a 'Brcko District', which will consist of the entire pre-war Opstina. This district will be a 'condominium' - which means that it will be territory shared by both Entities.

The district will have its own autonomous, multi-ethnic government, with an elected assembly, Executive Board, Judiciary and Police Force.

This is not a decision which can be implemented overnight. The award will be phased in. [We hope to have the governing structures in place by the end of the year. In the meantime, existing laws, policies and structures will remain in place. The Supervisor, Bill Farrand, who has done an excellent job, will also remain in place to oversee the transition.]

I will not get into a detailed discussion of the award. That is for Roberts Owen, whose award it is. He has done his job with diligence and made his own decision after extensive talks over a lengthy period. The international community and the people of BiH and of Brcko owe him their gratitude.

Our job now is to work to set to work to implement the award in the interests of all the people of Brcko and of the state of BiH and both its Entities.

It is an immense task, and we start work on it today. But let me tell you that as High Representative I consider this decision to be fair and balanced and as such it has my full supprt and that of the whole IC.

I recognise, of course, the sensitivity for both sides of this award. Some - on both sides - will find it disappointing. To them say: this is no time for sterile debate about winners and losers. There are no winners and losers from this award, or, to put it the other way around all are winners, both entities and the whole population of BiH in general. The Vienna hearings convinced the Arbitrator that neither Entity had complied properly with the terms of the interim award.

Let us instead put the past behind us. I appeal to the peoples of both communities to resist any attempts to whip up fresh extremism and new conflict. Enough of all that.

Let both sides to work constructively to implement this award in the interests of Brcko's citizens. Their interests must be paramount. They want jobs and a stable future from their political leaders, not more political squabbling.

This award fully protects the interests of all the constituent peoples . It guarantees freedom of movement. It fully preserves the continuity of the RS. And by clarifying Brcko's status it will unlock the gates to foreign investment and capital - and to economic growth and jobs. That is why the parties should, in the own interests, work together to implement this award successfully.

Because the one lesson from this award is that moderation pays. The Arbitrator has taken into account the records of both governments in recent months. Serb hard-liners prevented Dayton implementation. By their actions, they made impossible a decision to maintain the status quo. The moderate government on the other hand has helped to mitigate this extremism and had it not been prevented from doing so would have been able to implement Dayton more effectively.

The government in the RS is therefore not to blame for a solution that does not retain Brcko under the exclusive control of the RS. In fact, without their work, the Arbitrator, as he stated last year, might have been obliged to award Brcko outright to the Federation.

Finally, let me say this. Today is a historic and important day in the history of post-war BiH. The eyes of the world will be on Brcko.

Never has there been an arbitration with which everyone was content. I have no doubt, I repeat, that there will be those on both sides who do not much care for this award.

But I remind all parties of their solemn commitments to implement the arbitration, when it came. Now the hour has arrived, and I urge all leaders to display moderation and statesmanship, to rise above attempts to stir up tension and hostility, and to live up to their commitments to implement Dayton. They owe that to those they represent, the people of BiH, who yearn for a bright and peaceful future for themselves and their children.

I and the rest of the international community, whose efforts on behalf of BiH remain considerable, will continue to work with all those who share these objectives.


Remarks by the High Representative on the Brcko Arbitration Award, 5 March 1999