Claim: Bosnia and Herzegovina has internal borders.
FACT: The BiH Constitutional Court ruled on the constitutionality of the use of the term “border” in the RS Constitution in January 2000, concluding that the term “border” is unconstitutional. The disputed article of the RS Constitution was amended to replace the term “border” with the term “inter-entity boundary line.” There is no state border bet [...]
CLAIM: Prospective defense property is to be handed over to the RS authorities.
FACT: State and defense property remain among the requirements outlined in the "5+2 Agenda." Therefore, the OHR remains engaged in reaching an acceptable and sustainable resolution of these issues. When it comes to the immoveable military property that will serve future defense purposes (the “prospective defense property”), all legal acts needed to [...]
CLAIM: The High Representative’s decisions will affect the outcome of the elections.
FACT: October 2 decisions of the High Representative refer to the functioning of FBiH institutions, streamlining of government formation procedures, alleviating blockades and abuse of safeguarding mechanisms in legislative as well as judicial bodies. They in no way affect the will of the voters and the outcome of the 2022 General Elections.
CLAIM: The imposing of decisions on the Election Day undermines the legitimacy of the election process.
FACT: The decisions of the High Representative in no way relate to direct elections, nor do they undermine the integrity and legitimacy of the electoral process. The intention of these decisions is to prevent blockades of FBiH institutions, of which there were plently in the previous election cycle, and the government formation process itself.
CLAIM: The High Representative discriminates against Others because his decisions do not refer to the election of BiH Presidency and BiH House of Peoples members
FACT: The right to change provisions of the BiH Constitution, which is part of the Dayton Peace Agreement, belongs solely to the BiH Parliament. Therefore, the October 2 decisions are not part of the greater electoral reform which remains necessary to address BiH's international obligations and alleviate discrimination in the electoral process. The [...]
CLAIM: In the future, political parties will still be able to play “budget games” with election financing despite the High Representative’s 07 June decisions.
FACT: The decisions issued by the High Representative on 07 June 2022 ensure that both temporary financing of the State budget and the funding of elections no longer require a decision by the BiH Council of Ministers, they are both automatic.
CLAIM: The BiH Council of Ministers cannot provide funding to the BiH Central Election Commission, such decision would be illegal
FACT: The Law on Financing of the Institutions of Bosnia and Herzegovina (Paragraph 5 of Article 11 ) allows the BiH Council of Ministers to fund expenditures not envisaged by the previous budget throughout the period of temporary financing. There is no obstacle for the Council of Ministers to approve necessary funds neither in terms of relevant re [...]
CLAIM: “The Central Bank of BiH was established by the DPA as a joint bank of the RS and the FBiH, but the High Representatives abolished that structure and transferred the management of the CBBH to the joint institutions. The Constitution states the Presidency is the supervisory body, i.e. the body that oversees the work of the CBBH.”
FACT: The BiH Central Bank has never been an inter-entity institution nor has the High Representative ever legislated on its status.
CLAIM: “HJPC was formed through the violence of High Representative Paddy Ashdown, without any consent.”
FACT: Entity competencies in this field were validly transferred to Bosnia and Herzegovina through an agreement signed by both the entities and the state in accordance with Article III.5. of the BiH Constitution. This was followed with the adoption of the Law on HJPC by the BiH Parliamentary Assembly in 2004.
CLAIM: “…the OHR has not done the most important thing: provided the translation of the Dayton Peace Agreement. For 26 years, there has been no official translation of the Dayton Peace Agreement, the Constitution, etc., to the languages of the peoples of BiH, and that is OHR’s job.”
FACT: The "Agreement for the Establishment of the Bosnian, Croatian and Serbian Language Texts of the Annexes to the General Framework Agreement" signed in Paris on 14 December 1995, stipulated that each party to the GFAP would provide the French Government with the respective language version. The French Government received a draft translation in [...]