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Bosnia and Herzegovina - Foreign Relations

The implementation of the Dayton Accords of 1995 focused the efforts of policy makers in Bosnia and Herzegovina, as well as the international community, on regional stabilization in the former Yugoslavia. However, donor resources for Bosnia and Herzegovina have diminished due to competing assistance priorities elsewhere in the region and globally. Bosnia and Herzegovina's relations with its neighbors Croatia, Montenegro, and Serbia have been fairly stable since the signing of Dayton in 1995.

Bosnia's ethnic politics complicates its foreign policy decision-making, sometimes resulting in stalemate or attempts to pursue narrow ethnic agendas. Foreign policy is the responsibility of a "presidency" composed of one President from the three constituent ethnic groups. The need to achieve consensus across ethnic groups in the presidency can result in stalemate. This was the reason, for example, that Bosnia neither opposed nor supported recognition of Kosovo. Bosnia has also, at times, been vulnerable to Organization of the Islamic Conference (OIC) pressure. For example, In 2009 Bosnia was planning to support the OIC resolution on protecting religion, which would have justified interference with religious freedom, and was opposed by all EU countries and the US. Only US intervention at high levels with Minister Alkalaj eventually resulted in Bosnia voting "absent."

Bosnia and Herzegovina remains institutionally incapable to respond, as a state, to many things. As seen during the UNGA debate on the ICJ referral on Kosovo, Bosnia's own ethnic divisions scotch any chance of compromise at the state level on questions of territorial integrity vs. self determination. This creates a foreign policy vacuum, which in the case of Abkhazia and South Ossetia, the Republika Srpska exploited to act like a state, expressing justification for Russia's invasion of Georgia in August 2008, and stating positions on the sovereignty of Abkhazia and South Ossetia.

The Office of the High Representative (OHR) was the international institution responsible for overseeing implementation of civilian aspects of the Dayton Peace Accords. The Office of the High Representative (OHR) is an ad hoc international institution responsible for overseeing implementation of civilian aspects of the Peace Agreement ending the war in Bosnia and Herzegovina. The position of High Representative was created under the General Framework Agreement for Peace in Bosnia and Herzegovina, usually referred to as the Dayton Peace Agreement, that was negotiated in Dayton, Ohio, and signed in Paris on 14 December 1995. The Peace Implementation Council (PIC), a group of 55 countries and international organisations that sponsor and direct the peace implementation process, has elaborated his mandate. The Steering Board of the PIC nominates the High Representative. The United Nations Security Council, which approved the Dayton Peace Agreement and the deployment of international troops in Bosnia and Herzegovina, then endorses the nomination. The High Representative has no authority over the international military force (EUFOR/NATO). OHR's authorities atrophied after 2006 under weak leadership and "Bosnia fatigue" within the international community.

Political Directors of the Peace Implementation Council Steering Board (PIC SB) at their meeting in Brussels on 26 and 27 February 2008 set out the requirements that need to be met by the BiH authorities prior to the closure of the OHR. These requirements are well established, approved by the PIC SB and have all been previously recognized by authorities in Bosnia and Herzegovina. The objectives that need to be delivered by the BiH authorities prior to OHR closure are:

1. Acceptable and Sustainable Resolution of the Issue of Apportionment of Property between State and other levels of government;
2. Acceptable and Sustainable Resolution of Defence Property;
3. Completion of the Brcko Final Award;
4. Fiscal Sustainability (promoted through an Agreement on a Permanent ITA Co-efficient methodology and establishment of a National Fiscal Council); and
5. Entrenchment of the Rule of Law (demonstrated through Adoption of National War Crimes Strategy, passage of Law on Aliens and Asylum, and adoption of National Justice Sector Reform Strategy).

In addition to these objectives, the PIC SB agreed that two conditions need to be fulfilled prior to OHR closure;

1. Signing of the SAA; and
2. a positive assessment of the situation in BiH by the PIC SB based on full compliance with the Dayton Peace Agreement.

The PIC SB has regularly reviewed progress on this 5+2 agenda at its meetings since February 2008. While progress has been made in some areas, chronic disagreement among the main political parties has produced gridlock that has prevented the full implementation of the agenda.

The High Representative is working with the people and institutions of Bosnia and Herzegovina and the international community to ensure that Bosnia and Herzegovina evolves into a peaceful and viable democracy on course for integration in Euro-Atlantic institutions. The OHR is working towards the point where Bosnia and Herzegovina is able to take full responsibility for its own affairs. The Steering Board of the Peace Implementation Council, the international body guiding the peace process, concluded at its July 2011 meeting, that it “look[ed] forward to close cooperation and coordination between the enhanced EU presence, the High Representative in BiH, and other international community actors in line with their respective existing roles.”

As per a 2008 decision from the Peace Implementation Council (PIC), OHR's closure and transition to become the European Union Special Representative would occur only after the fulfillment of five objectives and two conditions ("five plus two"). Most Europeans and the Russians were anxious for transition as early as possible, although the Europeans declared that they insisted on Bosnia's full completion of "five plus two" before closure. Bosnian Serbs sought the immediate closure of OHR. In order to support Bosnia and Herzegovina, the European Union has increased its commitment to the country.

The Serbian entity's popular Prime Minister Milorad Dodik, denies Bosnian Serbs committed genocide, favors independence and has questioned the future existence of Bosnia-Herzegovina. The president of neighboring Serbia, Boris Tadic, who is also an ally of Mr. Dodik, has said he understands the concerns of Bosnia's ethnic Serbs. He says cooperation between Serbia and Republika Srpska has "significantly improved" especially in areas such as the economy. Mr. Tadic says that although Serbia "remains committed to the Dayton agreement" it will "continue to protect and respect the legitimate rights of Serbs" and all people living in the Western Balkans.

Bosnia and Herzegovina is a member of the United Nations (1992); International Monetary Fund (IMF) (1992), World Bank (1995), Organization for Security and Cooperation in Europe (OSCE) (1992); and the Council of Europe (2002). It also participates in regional cooperation through the Regional Cooperation Council (RCC), Central-European Initiative (CEI), Southeast Europe Co-operation Initiative (SECI), Southeast Europe Co-operation Process (SEECP), Adriatic-Ionic Initiative (AII) and others.

Bosnia's two-year tenure on the UN Security Council began January 1, 2010. Having a chair in the UNSC for the next two years will make them an important interlocutor on global issues. The pressing question of placing sanctions on Iran for its non-compliance with Nuclear Non-Proliferation Treaty requirements is an important first step in Bosnia's UNSC engagement. Though Bosnia has pledged normally to follow the EU's lead on such issues, the views of Mslim-majority nations such as Turkey were be weighed in to Bosnia's decision-making process.

Pursuant to the provisions of the Constitution of Bosnia and Herzegovina, BiH Presidency has been authorized to conduct Bosnia and Herzegovina foreign policy. Promotion, representation of interests and, on behalf of Bosnia and Herzegovina, acting within international relations have been based on the provisions of the Constitution of BiH, legislation, decisions and viewpoints of BiH Presidency, BiH Parliament, Council of Ministers and the Ministry of Foreign Affairs of Bosnia and Herzegovina.

On the grounds of the principles contained in the UN Charter, Helsinki Final Act and other documents of the Organization for Security and Co-operation in Europe, as well as on the generally accepted principles of international law, Bosnia and Herzegovina, a sovereign and internationally recognized country, acts within international, in other words, within bilateral, regional and global frameworks, and governs the agreed relations as well as the relations of different nature with all the countries and international organizations.

In its relations with international partners, foreign policy of Bosnia and Herzegovina has been based on the principles of openness and equal rights, on mutual respect for sovereignty and territorial integrity, as well as on the principle of peaceful co-operation, with respect of mutual interests. At the same time, while conducting the foreign policy activities, Bosnia and Herzegovina will act in accordance with the obligations arising from the concluded and accepted agreements and other international instruments and membership in international organizations and associations.

Bosnia and Herzegovina underlines its commitment to peaceful settling interstate misunderstandings, with respect paid to the principles, which represent an integral part of international law. In addition, while seeking solutions for all open issues Bosnia and Herzegovina supports constructive dialogue. Pursuant to UN resolutions, Bosnia and Herzegovina has decided to continue fighting against terrorism and organized crime within the framework of UN Counter-Terrorism Committee and through strengthening global cooperation in this field. Bosnia and Herzegovina, one of the five legitimate successor countries, will actively participate in the succession of former SFRY respecting the rights and obligations arising from such a status. Bosnia and Herzegovina foreign policy has been aimed at promoting and preserving the lasting peace, security and stable democratic and the entire development in the country, in other words, at the accession into contemporary European, political, economic and security integration flows. For the purpose of promoting its strategic interests, Bosnia and Herzegovina will conduct transparent foreign policy, in line with the following priorities:

• Preservation and protection of independence, sovereignty and territorial integrity of Bosnia and Herzegovina within its internationally recognized borders;
• Full and consistent implementation of the General Peace Agreement (GPA);
• BIH inclusion into European integration processes;
• Participation of Bosnia and Herzegovina in multilateral activities, in particular, as part of the system of the United Nations (UN), the Council of Europe, the Organization for Security and Co-operation in Europe (OSCE), the Organization of Islamic Conference (OIC), etc. and
• Promotion of Bosnia and Herzegovina as a partner in international economic relations, and promotion of the activities aiming at the admission of Bosnia and Herzegovina into the World Trade Organization (WTO);

With the aim of further development of good relations, achieving of lasting stability, security and economic development, special attention is paid to the activities concerning the regional and sub-regional co-operation. Having in mind the vital interests of the country, BiH would in particular insist on concrete programs of cooperation within the Central-European Initiative (CEI), Southeast Europe Co-operation Process (SEECP) – especially during the period of BiH chair-in-office (2003/2004), in the framework of the initiative and arrangement of the Stability Pact for Southeast Europe, the Southeast Europe Cooperation Initiative (SECI), in Adriatic-Ionic Initiative, Danube Cooperation Process (DCP), and in other regional and sub-regional groupings.