PROCLAMATION Intellectuals and public persons in the case of Schmidt vs the future of BiH

PROCLAMATION

Intellectuals and public persons in the case of Schmidt vs the future of BiH

1. Intellectuals, public persons, the academic community, the majority of citizens, non-governmental organizations, including the Association of Independent Intellectuals – Circle 99, are not against the OHR as the institution, but they are against its policies and interventions that prevent the democratic future of Bosnia and Herzegovina [BiH]. The current High Representative in BiH, Christian Schmidt, does not act in accordance with his mandate or according to democratic practices in the modern world. With his overall approach to implementing the civilian part of the Dayton Peace Agreement in BiH, and especially with his interventions-on the Electoral Law in BiH on election night (in October 2022) in favor of ethnocentric interests and to the detriment of the civil constitutional-political organization of the state; by suspending the FBiH Constitution for 24 hours in 2023, and by opposing the ruling of the European Court of Human Rights in the case Slaven Kovačević vs BiH-Christian Schmidt is causing enormous long-term damage to the state of Bosnia and Herzegovina, and finally to the EU and the international community as a whole.
2. Although he serves as the High Representative of the international community in BiH, Christian Schmidt supports and advocates for a retrograde, conservative ethnocentric policy, both in foreign and domestic political relations in Bosnia, and in collaboration with the ethnocentric authorities. That is why he must be replaced.
3. With his policies supporting ethnocentrism in BiH, The High Representative is leading the citizens of BiH down a path to political isolationism, discrimination, segregation, political and constitutional-legal inequality, and mutual mistrust. He is causing citizens to doubt whether there is any possibility of improving the BiH constitution, as well as extinguishing any hope of a more democratic future of the state and a better life for citizens.
4. The judgment of the European Court in the case of Kovačević vs BiH calls for the abolition of constitutional-legal and political discrimination in the current Constitution of BiH. By opposing this judgment, Christian Schmidt in BiH is acting against European standards, and preventing BiH and its citizens from moving towards modern democratic standards, or towards legal and political equality as citizens of the European Union.
5. Christian Schmidt produces increased skepticism about Europe and the promise of joining the EU among citizens of BiH. Schmidt fails to promote Western democratic values in BiH. Citizens are losing hope of ever becoming a part of the EU. He undermines the efforts of BiH authorities to fulfill the conditions for the entry of BiH into the EU.
6. By interfering in the decisions of the European Court in the first-instance judgment of S. Kovačević, Christian Schmidt exerts political pressure on the Court, causing citizens to lose confidence in the Court, and creating the perception that this Court bows to political pressure from a high international political authority, and from Croatia as an EU member.
7. It is no longer a secret that Christian Schmidt is serving the hegemonic-neo-colonialist political agendas of Croatia and Serbia and acting more as their high representative than as the High Representative of the international community.
8. Christian Schmidt constantly favors Croatia with his amendments to the Election Law in BiH. He introduced the ethnic territorialization of the FBiH, thereby creating the basis for the re-establishment of the third, Croatian entity in BiH and he introduces ethnic discrimination favoring Bosnian Croat voters compared to Bosniak voters, etc. It is as though he is serving as “Croatia’s High Representative”.
9. The High Representative’s policies also favor Serbia in Bosnia and Herzegovina. Mr. Schmidt does not react appropriately to those in the Republika Srpska who are responsible for policies of irredentism and separatism, and he has not reacted sufficiently to the Declaration of the All-Serbian Meeting as an anti-Bosnian and anti-Dayton legal document. It is as though Christian Schmidt is Serbia’s High Representative.
10. It is apparently the case that Christian Schmidt does not actually oppose the first-instance verdict of Slaven Kovačević, nor the five previously passed final verdicts against BiH on legal grounds. He does not dispute that the BiH Constitution is discriminatory in terms of the issues from the verdict. However, he warns the European Court of Human Rights of the dangers that may arise from the implementation of those judgments, which is completely incompatible with the meaning of the court.
11. By opposing the European Court’ judgment in the S. Kovačević vs BiH case, Christian Schmidt indirectly damages all its final judgments adopted against constitutional discrimination of citizens in BiH as he rejects the need for the judgments to be implemented and declares them harmful for BiH. He thereby calls into question all the already final judgments of the European Court against ethnic political and constitutional discrimination of people in Bosnia and Herzegovina. He maintains the political and constitutional-legal inequalities of citizens contained in the current Constitution of BiH. He protects and maintains all assets of the two JCEs against BiH.  He equalizes the defenders of BiH and the aggressors of BiH. He freezes in place, for who knows how long, the Bosnian wartime political system. Finally, he tolerates, promotes, and incites political blackmail and violence in internal political relations with Bosnian-phobic political forces.
12. PIC member states do not have a consensus on the participation of Christian Schmidt at the European Court against the first-instance verdict of Slaven Kovačević vs Bosnia and Herzegovina. Hence, he seems to be proceeding on his own initiative.

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Sarajevo, October 25, 2024.