29.01.2001 VJESNIK

Interview: Wolfgang Petritsch, the High Representative”HDZ BiH should not be surprised by “being left out of the game”

By boycotting the Federation House of Peoples and a number of Cantonal Assemblies, the Croat leadership is circumventing the responsibilities it has towards its own electorate / More than 24.000 returnees were registered in the Republika Srpska in the year 2000, but the real number appears to be bigger if “spontaneous returns” are taken into account.

Zagreb, 28 January ­ The most recent regroupings at the Bosnian and Herzegovinian political stage, the rise of the Alliance for Changes and the reactions by the HDZ, have all been a cause for this interview with the High Representative of the International Community for BiH, Ambassador Wolfgang Petritsch. In his interview, Petritsch speaks about Ante Jelavic, the Alliance, his decisions, national parties, returnsŠ.

Q:Restructuring on the political scene of the Federation of Bosnia-Herzegovina and the intentions of the Alliance for Changes to take power in the Parliament provoked fierce resistance within the HDZ. How do you explain that?

I think that is very easily explained: the HDZ is not part of the Alliance and afraid that they will not participate in power. However, HDZ is itself in part responsible for this situation. Since before the elections, they have had an unconstructive attitude. They organised a “referendum” on election day, and have simultaneously been threatening boycotts, questioning the constitutional set-up of BiH and bashing all other parties all along. In my opinion, they should have tried to form a coalition with other parties, that is what a party, if it doesn’t have an absolute majority and wants to be in power, does in every democracy. Now, suddenly they are faced with the situation that they are out of the game – but they shouldn’t be surprised. However, the HDZ could still change course. I view President Jelavicąs recent pledge to abide by the February 3rd Constitutional Court ruling on the PEC decision, his promise to implement election results, and his call for dialogue and consultations on government formation as an encouraging sign.

Q:The President of the HDZ of BiH Ante Jelavic says that he is not protesting against the attempts of the Alliance to take the power, but against the election results from the level of cantons to state institutions are not recognised. According to him, he requests the recognition of election results and of the will of citizens. Can you comment on that?

Firstly, this is just speculation, secondly, I don’t think that there is any chance for the Alliance to achieve that, even if they wanted it. Remember, a change of the Constitution requires a two third majority. I fully understand some of the fears of the Croats because they are after all in numbers the smallest people in BiH. And as I am deeply convinced that BiH cannot exist without the Croat people, I will personally see to it that the Croat community in BiH is fully protected. As one of BiHąs three constituent peoples, the Croats have the power to veto anything they consider to be against their vital interest as a people. But the Croats can best ensure their rights and look after their interests by fully participating in the political process at all levels. By engaging in boycotts of the Federation House of Peoples and several Cantonal assemblies, the Croat leadership only shirks its responsibilities to its constituents.

Q:Does your decision on strengthening the constitutional commissions in both entities, for the purpose of protection of vital national interests, practically imply the abolishing of the House of Peoples?

The constitutional commissions are an interim solution until the Entity Constitutions are changed in accordance with the Constitutional Court Decision on the Constituency of all BiH Peoples in both Entities. For that interim period, there needs to be a system securing the vital interests and non-discrimination of the constituent peoples and others in the Federation as well as in the RS. Practically this means that Croats in Bosnia and Herzegovina as well as the Bosniaks will now be able to protect themselves from discriminatory legislation in the RS, which they could not before, and the Serbs will be protected in the Federation. The Constitutional Commission is therefore an additional mechanism that will perform the same function in both entities.

Q:Some claim that the meaning of that decision of yours is to create the preconditions that would facilitate the Alliance’s coming into power. The Constitutional Commission should allegedly replace the House of Peoples in the procedure of election of executive authorities in the Federation. Could you please comment.

The Decision is to do with my concerns to ensure that the rights of BiH’s Constituent Peoples and others are fully protected and with the fact that the Constitutional Court ruled more than half a year ago, which the Entity governments have simply ignored – there have been no steps to work out a plan how to implement it. This is a long term issue about citizens rights and I would push to implement these regardless of the current political climate. Regarding the House of People – I repeat: the Constitutional Commission is a separate body and will not interfere with its work.

Q:One of the basic commitments of Dayton Peace Agreement is return of refugees. There has been recorded only two thousand returns of Croats and some more Bosniaks. What will OHR undertake with regard to return of refugees?

It is a fact that return movements into some areas do not happen fast. How could they after what people have experienced in some areas? But as far as refugee return is concerned, even Human Rights Watch has recognized the “breakthroughs” achieved in the post-war development of the country. People are returning to Srebrenica, to Foca and other places that have seen the worst atrocities. In 2000, over 24,000 registered minority returns took place in the RS, the actual number is even when you consider “spontaneous returns.” Returns in the most contentious areas are taking place where individuals wishing to return are supported by responsible leadership.

And property law implementation is one of my priorities, and the International Community has devoted great resources to this. Each municipality’s housing office is monitored by a representative of the international community. I have dismissed dozens of officials last year because they violated the property laws. In addition, my office supports the ongoing prosecutions of local officials that violate the property laws and occupants that loot property. I fully support the process.

But you must be aware that only a fifth of the claims for repossessing apartments and houses have been solved so far – 200,000 are still pending. That means that in 200,000 cases, the current occupants must vacate the properties, and many are in need of alternative accommodation. Local authorities are responsible under their legal obligation to provide alternative accommodation as the most pressing obstacle towards implementing the property laws. But, I do think that it is possible to solve that problem in the next one to two years.

Q:What will you undertake with regard to corruption and smuggling which is extremely present in BiH?

Fighting corruption has been one of the top priorities for the International Community in Bosnia and Herzegovina and will be in the future. Last year I imposed a law to establish such a service which is currently taking shape. Only recently, the State Border Service began with the selection of staff. I hope that the millions of tax evasion through smuggling will come to a halt, once the border service is in action. Active support from Zagreb in that context will be of crucial importance.