Statements made by the president of the Republike Srpska, one of the two entities, Milorad Dodik that Bosnia and Herzegovina (BiH) doesn’t have a right to have its own property, but rather that all property belongs to the entities and Brcko District and are just another one of the futile attempts to question the international-legal continuity, integrity and sovereignty of BiH, the chairman of the Council of Ministers of BiH Denis Zvizdic said today.
Zvizdic highlighted that such manufactured statements have no legal or factual basis in the Constitution of BiH or in the decisions of the Constitutional Court BiH, which is the only interpreter of the Constitution of BiH and whose decisions are binding for all state organs, including the president of the BiH entity Republika Srpska.
“Besides that, in accordance with the provisions of the Constitution of BiH and other positive provisions that have to be in accordance with the Constitution, only the regular courts and the Constitutional Court of BiH have jurisdiction to decide who has the right to have property and to protect it. Because of that, incorrect and provocative statements made by irresponsible individuals that BiH doesn’t have its own property are absurd and are a part of continuous argument-lacking attacks on the independent judiciary of BiH, which is the protector of the rule of law in all democratic states,” he warned.
Zvizdic considers that because of that, it’s necessary to highlight the decision of the Constitutional Court of BiH that “BiH is the title-owner of the entire property acquired through the Agreement on succession and inheritance from SR BiH, which reflects: statehood, sovereignty and the territorial integrity of BiH. Furthermore, BiH as a state has the jurisdiction and responsibility to regulate all state property, taking into consideration that it may allow the entities to use that property in accordance with their jurisdictions and needs.”
This decision confirmed a very clear opinion of the Office of the High Representation, which states “the Dayton Peace Agreement only foresees territorial demarcation between the two entities, not between the entity and the state. The issue of demarcation of the entities in a way mutually decided doesn’t affect the execution of BiH’s jurisdiction on its territory or the ability of the institutions of BiH to be the owners of the property that exists in either entity.”
Therefore, BiH has in its thousand-year history had, has and will have its own property. Considering the current topic of registering military property, which caused anxiety of forces and individuals in the BiH entity Republika Srpska which are against civilizational integrations, the Council of Ministers will still actively and quickly work on the realization of conditions that are needed to activate the MAP. I call on all other institutions and individuals that are involved in the process of registering military property, as a condition for the activation of the MAP, to do their job fast, responsibly and in accordance with the rule of law, which will significantly contribute to the stability, security and prosperity of all of BiH, as well as the region of the Western Balkans,” Zvizdic said.