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Unrest in Bosnia

Slavisha Batko Milacic

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For Bosnia and Herzegovina many analysts will say that is artificial creation. That is why there is a saying for Bosnia: ”Where logic ends, Bosnia begins”. Anyway, the latest Bosniak initiative, has surprised many, because it strikes at the very basis of existence of Bosnia and Herzegovina. Recently, the Party for Democratic Action (SDA), the main Bosniak party in the country, announced that will initiate a legal procedure before the Constitututional Court to challenge the name of Bosnia`s Serb-dominated Republika Srpska.

”The previous practice of the Republika Srpska institutions showed that the entyty`s name was intensively and efficiently used to discriminate against the other two constituent peoples – Bosniaks and Croats, “ the SDA said. “Linking the name to only one people living in the multi-ethnic Bosnia and Herzegovina is contrary to the Constitution and the European Convention on Human Rights.” The strongest Bosniak national party, further said that the Constitutional Court made an earlier decision on the constituency of the people which stipulated that the entities must ensure full equality of all constituent peoples in their legal systems.

Reacting to calls for the Constitutional Court to review the legality of the name of Bosnia’s Serb-dominated Republika Srpska, the leader of ruling Republika Srpska party Alliance of Independent Social Democrats and current Chairman of Bosnia’s Tripartite Presidency, Milorad Dodik, strongly condemned the Party for Democratic Action initiative at a press conference the same day and called upon the SDS (second strongest Serb party) to support a decision on the “independence of the Republika Srpska” if the initiative is submitted to the Constitutional Court.

“Our authentic and original constitutional rights is for us to decide on our status. We will do that,” he said, dismissing earlier statements by the High Representative Valentin Inzko, named by the international community to oversee the civilian implementation of the Dayton Agreement, who said that Republika Srpska can not secede. ”He was put here to conduct repercussions against Republika Srpska. But this is a moment where there will be no calculations,” Dodik said. ”If you wanted to throw us, Republika Srpska, out of Bosnia and Herzegovina, you are doing best job possible. Finish it. I have nothing against it,” Dodik said, referring to the Party for Democratic Action.

This attack on Republika Srpska showed that Serbian politicians are united in its defense. The move drew condemnation from both the ruling Republika Srpska Alliance of Independent Social Democrats (SNSD), and Bosnian Serb opposition parties in the entity, such as the Serb Democratic Party (SDS) and the Party of Democratic Progress (PDP).

In one of the first reactions to the Bosniak Party for Democratic Action announcement, the Republika Srpska National Assembly Speaker Nedeljko Cubrilovic said this was a nothing but a provocation and that it represents an anti-Constitutional act.

”The SDA’s claims are disgusting and laughable at the same time because they are the ones who refuse to implement the Constitutional Court’s decision issued 12 years ago, stipulating that Serbs must be equally represented in the Federation of Bosnia and Herzegovina,” Cubrilovic said. ”Initiating a Constitutional Court discussion on the name of the Republika Srpska would mark the end of the project called Bosnia and Herzegovina,” Cubrilovic noted.

The Office of the High Representative (OHR), top international institution overseesing the peace implementation in the country stated that the initiative to dispute the name of Bosnia’s Republika Srpska entity before the Constitutional Court amid the post-election government formation is “irresponsible and counterproductive.” Bosnia and Herzegovina consists of two entities, the OHR said, and the Peace Implementation Council continuosly expresses its commitment to basic structure of Bosnia and Herzegovina as an integral, sovereign state that consists of the two entities.

The international community’s High Representative was installed to oversee the civilian part of the implementation of the Dayton Peace Agreement, the peace threaty that ended the 1992-1995 Bosnian war. Its Peace Implementation Council (PIC) Steering Board, which is composed of foreign ambassadors in Bosnia, meets twice a year to assess the progress in the process.

Background

The statement of Bakir Izetbegovic, leader of the strongest Bosniak party SDA, who addressed the public saying that he is ready to consider abandoning the initiative to change the name of Republika Srpska, if in the next six months “the SNSD change its behavior”, and accept the further path of Bosnia and Herzegovina towards NATO, clearly shows who is standing behind this initiative. Even “Croatian” member of Bosnia and Herzegovina Presidency Željko Komšić – several days before Bakir Izetbegovic- conditioned the appointment of a mandate for the Council of Ministers (which currently belongs to the Serbs) by membership in the NATO. It should be added that this initiative of the Bosniaks comes shortly after the visit of Russian President Vladimir Putin to Serbia, where he met, among other things, with the leadership of Republika Srpska.

An interesting analysis of the events in Bosnia was published on January 13 in National Interest, American bimonthly international affairs magazine, by Sean Maguire and Ryan Scherba, with title: “The Bosnia Boondoggle: This is Why Sarajevo Can’t Join NATO”. In the analysis, among other things, is written: “If the United States is serious about backing NATO membership for Bosnia and Herzegovina, then it has to get serious about the failures of the Dayton Peace Accords and drop its support for them as Bosnia’s governance system. They may have ended Bosnia’s civil war in 1995, but they have become synonymous with stagnation, frustration, despair, poor governance and weak institutions. This not only hinders the joint U.S.-Bosnian aspirations to join NATO, but has stagnated Bosnia overall, enshrining ethnic divisions (and tensions) legally between Bosniaks (Bosnian Muslims), Croats, and Serbs that have left Bosnia divided and ripe for geopolitical goals of Russia. The recent elections in October that delivered a hardline Serb-nationalist who is stridently anti-West and NATO to the Bosnian presidency are evidence of this, while serving as a wake-up call to Washington that it is time to re-engage in Bosnia.” In addition to the National Interest, from Turkey also arrived messages regarding Bosnia and Herzegovina future. During a meeting with Croatian President Kolinda Grabar Kitarovic, the President of Turkey Recep Tayyip Erdogan urged for the revision of the Dayton Agreement. Turkish President and Croatian President apparently agreed that this document, prepared in haste for only three weeks to stop the war, did not create the conditions for finding a stable solution for the future of Bosnia and Herzegovina.

The Steering Board of the Peace Implementation Council (PIC), the international community representatives who oversee the implementation of the agreement that ended Bosnia’s war, said they recognize the concerns regarding discrimination of constituent peoples and citizens across the country as legitimate, but that the name “Republika Srpska” is enshrined in the Constitution. The PIC recalled that the Constitution of Bosnia and Herzegovina recognizes that the country consists of two entites, the Bosniak-Croat shared Federation of Bosnia and Herzegovina and Republika Srpska.

Challenging the name of the Republika Srpska entity before the Constitutional Court would be counterproductive and irresponsible, the Peace Implementation Council Steering Board stated while it also condemned recent rhetoric and actions that question the territorial integrity of Bosnia.

Russia refused to join the statement that foreign diplomats in Bosnia issued in response to the recent initiative to challenge the name of Republia Srpska before Bosnia’s Constitutional Court, the Russian Ambasador confirmed to journalists.

”Russia did not give consent for the PIC’s (Peace Implementation Council) joint statement because it is too general. It is everyone’s yet no one’s fault,” Petr Ivantsov told media after the meeting of ambassadors. The conclusions his colleagues passed has a broad meaning that speaks of mistakes of all political actors in Bosnia, said Russia’s diplomat, adding that the statement does not focus on current problems. According to Mr. Ivantsov, the SDA’s “threat” to dispute the Republika Srpska’s name at the Constitutional Court is “a serious mistake” and is not in line with the 1995 Dayton Peace Agreement.

Conclusion

The Bosniaks would never undertake such a radical move if they did not have the support in the first place of the West, and also Turkey. After undemocratic accession of Montenegro into NATO, and soon Macedonia, NATO directs its attention to Bosnia and Herzegovina. The main opponent of Bosnia and Herzegovina’s entry into NATO is Republika Srpska, whose Assembly passed a resolution on military neutrality.

The West makes it clear that it will not give up until all Balkan states become NATO members. The most important land and riparian transportation corridors between Western Europe and the Eastern Mediterranean, and between the Baltic and Aegean Seas, run through Serbia. Because of that, the main goal of the West is Serbia’s entry into NATO, which would also leave Russia without a strategic ally in the Balkans. The main obstacle to this is the “second Serbian state in the Balkans”, that is Republika Srpska. This is precisely why the Bosniaks are encouraged to strike on the basis of Dayton.

The structure of Constitutional Court of Bosnia and Herzegovina plays a major role in the political life of Bosnia and Herzegovina, and it consists of three foreign judges, two Bosniaks, two Serbs and two Croats, which means in practice and it has been established so far – that three foreign and two Bosniak judges have majority, and they use it. So arbitrarily impose their decisions on all citizens of Bosnia and Herzegovina.

If the initiative to abolish the name of Republika Srpska go to Constitutional Court of Bosnia and Herzegovina, the Serbs must show their determination, which is now announced by the most powerful Serb politician Milorad Dodik. A decision must be made to declare the independence of the Republika Srpska. Such a decision carries a risk of conflict in Bosnia and Herzegovina, however, Republika Srpska has no other choice.

First published in our partner International Affairs

Slavisha Batko Milacic is an analyst at a Moscow journal "International Affairs", which is the official journal of the Russian Ministry of Foreign Affairs. Slavisa Batko Milacic can be contacted at email: varjag5[at]outlook.com

Europe

U.S. President Trump to meet Bulgaria’s Prime Minister at the White House: What to expect?

Iveta Cherneva

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Next Monday, 25 November, President Trump will welcome Bulgarian Prime Minister Borissov at the White House for a bilateral meeting.

This is not the first White House visit for Bulgaria’s Prime Minister Boyko Borissov who previously met President Obama at the White House in 2012.

The White House press secretary has announced that Trump and Borissov plan to discuss security in the Black Sea region, energy and countering malign influence – all Russia-related topics, as one would expect.

The real reason for the White House treat, however, is Bulgaria’s substantial purchase of US aircraft this year.

In August, Bulgaria bought eight F-16 airplanes from the US for the hefty price of USD 1.2bln. White House meetings with foreign leaders represent special thanks for something a foreign country has done for the United States and the F-16 airplanes purchase seems to be what we are looking at here. The US is a happy seller and Bulgaria is a happy customer.

In the area of energy, Bulgaria is looking towards the US while trying to reach energy diversification and gain independence from Russian natural gas. On this, there is a clear intersection with US interests. Bulgaria agreed in May to purchase natural gas from the US for the first time. Bulgarian Prime Minister Borissov met last week with the US Ambassador to Greece to explore the possibility of purchases of American liquid gas down the line.

What is not mentioned by the official White House position is that visa restrictions will be a topic of the meeting, too. The Bulgarian Prime Minister will likely request that President Trump dropped the visa requirements for Bulgarians – an issue the Bulgarian government has been chasing for a while now and something which Bulgarian President Radev had raised with President Trump also on the sidelines of the UN General Assembly in September. Visa restrictions were removed for Polish citizens last month. The Bulgarian Prime Minister will seek the same outcome. On this point, it is unlikely that President Trump would give the green light though.

What we won’t hear about publicly is the issue of the return of ISIS fighters to Europe. No one in Bulgaria really talks about this but one can imagine this is an issue for the US government. Bulgaria doesn’t have a problem with ISIS fighters itself but, as an EU external border country, it is Turkey’s neighbor and the closest to the Middle East EU ground entry point. Last week, Turkey began returning ISIS fighters back to Europe and President Trump has been adamant that European nations with ISIS fighters need to take responsibility for them. Western European EU countries do not want their ISIS fighters back to try them in court or to reintegrate them, which is understandable but also irritating because Europeans have had the unfounded expectation that the US would somehow take care of this. How Bulgaria as an EU country at the crossroads between Turkey, the EU and the US handles that is key. No one in Bulgaria really talks about it, and the various EU, US and Turkish pressures on Bulgaria are not really known, but one can imagine the situation is that of being between a rock and a hard place. So, the return of ISIS fighters is another issue to look out for, although it will not come through in public.

In the past, NATO ally Bulgaria has aided the US with criminal and law enforcement investigations in the areas of terrorism, drug trafficking and human trafficking. This is another area to look out for.

President Trump’s impeachment is not really a topic in Bulgaria, as no one here seems to be concerned with that. It will be interesting whether Prime Minister Borissov would mention this at all to issue words of support to President Trump. This is something that President Trump would appreciate, although protocol says Prime Minister Borissov would be smart to steer away from impeachment comments.

Direct, to the point and simple words can be expected from President Trump. Prime Minister Borissov, on the other hand, is learning English so the meeting will necessarily have a Bulgarian interpreter. Expect one or two jokes by President Trump about simultaneous Bulgarian interpretation. The meeting will not pass without that.

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EU chief prosecutor Laura Kovesi needs media freedom to do her job

Iveta Cherneva

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Last month, Laura Codruta Kovesi, the former chief prosecutor of Romania’s National Anti-corruption Directorate, was officially confirmed as the first ever EU chief prosecutor to head the newly created European Public Prosecutor’s Office. Her team will start work in the end of 2020. 

Kovesi will shake things up. She has a lot of hurdles to overcome. Among the main ones is the silencing and stifling of journalists across Europe, including in Bulgaria. The lack of media freedom will make it exceptionally difficult for Kovesi to do her job and uncover crimes involving EU funding.

As soon as the news hit that Kovesi was to become EU’s top prosecutor, anti-corruption activists across Europe applauded loudly. One could hear the applause also in Bulgaria where we face issues with EU funds misappropriation and theft but also complaints regarding the freedom of the press – a place where Kovesi’s work is much needed.

Defined institutionally, Kovesi’s mandate is “to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross-border VAT fraud”. The EU’s top prosecutor is tasked with the tough job of going after crimes involving EU money. 

It might sound as a disappointment to many, but Kovesi will not have the institutional competence to address everything that is wrong with a country or a sector. Corruption and fraud are covered by the EU prosecutor’s mandate only as long as they are related to EU funds.

So if Kovesi won’t be a see-it-all, do-it-all messiah, where does this leave media freedom then and why am I talking about it in the context of her job?

Well, bringing to justice crimes related to EU funds is almost impossible without the leads on the ground – work often done by a functioning free media and hard-hitting  investigative journalism that uncovers fishy deals and contracts. It is journalists that sometimes lead the way. Often media investigations chart a course for criminal investigations. The media is a key ally in uncovering crimes involving EU funds. This is particularly true of a service such as the EU’s prosecutor office that will operate from EU headquarters and will rely on leads and allies on the ground.

We can’t expect that an EU service will get all the intricate, hidden local information on its own or through cooperation with the state authorities in question. This is where media and journalists come in. 

Bulgaria – as sad I am to say this – gives a clear illustration of why Kovesi’s job could prove to be especially tough. The country ranks 111th in the world in terms of media freedom, according to Reporters without Borders. 

To illustrate the situation, one should look no further than the current scandal involving the nomination of Bulgaria’s own chief prosecutor and the simultaneous firing of a seasoned journalist who has been critical of the only candidate for Bulgaria’s top prosecutor post.

As reported by Reuters, the national radio journalist Silvia Velikova was fired for allegedly being critical of the work of the deputy chief prosecutor Ivan Geshev, who has already been selected to become Bulgaria’s next chief prosecutor. Bulgaria’s President Rumen Radev vetoed the appointment last week, so now the country is facing judicial uncertainty and protests such as the ones from today. 

Among the reasons why the chief prosecutor’s appointment has been controversial – to say the least – is the sacking of the Bulgarian Radio journalist Silvia Velikova. Her ousting caused protests by Bulgarian journalists which I have been attending, while the capital Sofia saw thousands of protesters marching in the streets against Geshev’s nomination in September, October and now, after the presidential veto.

Where the story gets interesting or horrific – or both – is that as many as four unnamed individuals made phone calls in September to the Director of the National Radio, allegedly asking for the journalist critical of the prosecutor candidate to be fired, or at least to be silenced until Geshev’s selection as chief prosecutor. The journalist Velikova was subsequently fired. She was reinstated to her post after Prime Minister Boyko Borisov spoke in her defence. And the Director of the National Radio was himself fired for stepping over by a media oversight organ.  

In Bulgaria, a persistent complaint is that journalists who ask the inconvenient questions can be removed in a heartbeat, after so much as a phone call. The suspicion remains that shady dealings – not merit – continue to play a significant role in the firings and hirings of Bulgarian journalists.

One should look no further than the stories of investigative journalists Miroluba Benatova and Genka Shikerova. They are both known as hard-hitting investigative journalists that ask the tough questions and uncover corruption and mismanagement. They are both out of job after being pressured to quit a mainstream media. 

Genka Shikerova faced severe intimidation over the years, as her car was set on fire not once but twice, in 2013 and 2014, in relation to her work on Bulgaria’s significant anti-government protests during these years.

Miroluba Benatova, on the other hand, caused massive waves with her recent revelation that she has become a taxi driver – only to surprise foreign tourists about how politically astute and knowledgeable Bulgarian taxi drivers are. “The service in Bulgaria has improved greatly”, told her a German tourist assuming he was being driven by just a regular taxi driver.

So, how is this related to Kovesi?

It is unlikely that by driving a taxi Benatova will be coming across many leads about EU funds theft, to assist Kovesi. Such a waste of talent, and also funds.

The media across Europe has a key role to play in supporting the work of the new EU prosecutor. As long as journalists in countries like Bulgaria lack the freedom to do their jobs, crimes involving EU funding will go uncovered. If Laura Kovesi wants to succeed in her new job, she will have to take context into account and recognize that in many EU states, including Bulgaria, journalists are often not allowed to do their jobs and ask the hard questions. And that’s a shame because Kovesi will not be able to do it alone. 

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Why German car giant Volkswagen should drop Turkey

Iveta Cherneva

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War and aggression are not only questions of ethics and humanitarian disaster. They are bad news for business.

The German car giant Volkwagen whose business model is built on consumer appeal had to stop and pause when Turkey attacked the Kurds in Syria. A USD 1.4bln Volkswagen investment in a new plant in Turkey is being put on hold by the management, and rightly so.

Unlike business areas more or less immune from consumer pressure – like some financial sectors, for example – car buying is a people thing. It is done by regular people who follow the news and don’t want to stimulate and associate themselves with crimes against humanity and war crimes through their purchases. Investing in a militarily aggressive country simply is bad for an international brand.

As soon as the news hit that Turkey would be starting their military invasion against the Kurds, questions about plans for genocide appeared in the public discourse space. Investing over a billion in such a political climate does not make sense.

By investing into a new plant next to Turkish city Izmir, Volkswagen is not risking security so much. Izmir itself is far removed from Turkey’s southern border — although terrorist attacks in the current environment are generally not out of the question.

The risk question rather lies elsewhere. Business likes stability and predictability. Aggressive economic sanctions which are likely to be imposed on Turkey by the EU and the US would affect many economic and business aspects which the company has to factor in. Two weeks ago the US House of Representatives already voted to impose sanctions on Turkey, which now leaves the Senate to vote on an identical resolution.

Economic sanctions affect negatively the purchasing power of the population. And Volkswagen’s new business would rely greatly on the Turkish client in a market of over 80mln people.

Sanctions also have a psychological “buckle-up” effect on customers in economies “under siege”, whereby clients are less likely to want to splurge on a new car in strenuous times.

Volkswagen is a German but also a European company. Its decision will signal clearly if it lives by the EU values of support for human rights, or it decides to look the other way and put business first.

But is not only about reputational damage, which Volkswagen seems to be concerned with. There are real business counter-arguments which coincide with anti-war concerns.

Dogus Otomotiv, the Turkish distributor of VW vehicles, fell as much as 6.5% in Istanbul trading after the news for the Turkish offensive.

Apart from their effects on the Turkish consumer, economic sanctions will also likely keep Turkey away from international capital markets.

There is also the question of an EU company investing outside the EU, which has raised eyebrows. It is up to the European Commission now to decide whether the Volkswagen deal in Turkey can go forward after a complaint was filed. Turkey offered the German conglomerate a generous 400mln euro subsidy which is a problem when it comes to the EU rules and regulations on competition.

The Chairman of the EPP Group in the European Parliament, Manfred Weber filed a complaint with the EU competition Commissioner about the deal, on the basis of non-compliance with EU competition rules. Turkey’s plans to subsidize Volkswagen clearly run counter EU rules and the EU Commission can stop the 1bln deal, if it so decides.

In a context where Turkey takes care of 4mln refugees — subject to an agreement with the EU — and often threatens the EU that it would “open the gates”, it is not clear if the Commission would muster the guts to say no, however. In that sense, the German company’s own decision to pull from the deal would be welcome because the Commission itself wouldn’t have to pronounce on the issue and risk angering Turkey.

While some commentators do not believe that Volkswagen would scrap altogether the investment and is only delaying the decision, it is worth remembering that the Syria conflict is a complex, multi-player conflict which has gone on for more than 8 years. Turkey’s entry in Syria is unlikely to end in a month. Erdogan has communicated his intention to stay in Syria until the Kurds back down.

In October it was reported that the Turkish forces are already using chemical weapons on the Kurdish population which potentially makes Turkish President Erdogan a war criminal. For a corporate giant like Volkswagen, giving an economic boost for such a state would mean indirectly supporting war crimes.

As Kurdish forces struck a deal for protection with the Syrian Assad forces, this seems to be anything but a slow-down. Turkey has just thrown a whole lot of wood into the fire.

Volkswagen will find itself “monitoring” the situation for a long time. There is a case for making the sustainable business decision to drop the risky deal altogether, soon.

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