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Dayton anomalies

Serb Majority in the Central Bank

by Ivan MISURIC

Hrvatska Rijec, Sarajevo, Federation Bosnia-Hercegovina, B-H, August 5, 2000

In an interview given to a foreign radio station, Kresimir Zubak responded to the journalists question why in Dayton, during the "birth" of the Constitution of Bosnia-Hercegovina more attention was not given to the fact that a "mix" of Anglo-Saxon and European-Continental legal schools cannot make up a harmonized Constitution, by saying without blinking that "there was no time to give enough attention to such petty issues." This author has been consternated by that Zubak's reply. He believed then (two years ago) that most of the listeners shared his opinion. In November 1995, in Dayton, the participants of negotiations did not "tailor" the fate of a regional bee keepers association but of a political, legal, and economic future of a state and all of its nations and citizens. They "tailored" the fate of Bosnia-Hercegovina (BH) but, as Kresimir Zubak admitted in that interview, the participants did not have time to finalize their job "in peace and quiet" in the way that would guarantee to all in BH at least the same human rights.

Later, much later, it turned out and was confirmed that Zubak told the truth. In Dayton, the BH politicians were concerned with borders, rather than human rights. They paid much more attention to the inter-entity borders than to whether in the Governing Board of the Central Bank of BH, during the making of important decision, votes of Serbs, Croats and Bosniaks will have "equal value". Thus it happened that in Article VII of the BH Constitution a solution according to which a Croat and a Bosniak in the Governing Board of the Central Bank share one vote while a Serb has one "whole" vote "got through". At this moment that means that Kasim Omicevic, a Bosniak, and Jure Pelivan, a Croat, are "worth" as much as Manojlo Coric, a Serb. And the mentioned gentlemen make up the Governing Board of the Central Bank of BH. Of course, in this state nothing can exist without being "spiced up" by foreigners, so that this body of the Central Bank includes the New Zealender Peter Nicol, who "works, acts and makes decisions". He is also the governor of the Bank.

Fortunately, the Constitution and the Law about the Central bank of BH clearly state that in case when "a majority decision cannot be reached" in the Governing Board, the Governor's vote prevails. It is clear that a "draw" is possible because a Bosniak and a Croat share one vote. Such situations were characteristic for the time immediately after the establishment of the Central Bank, when the three representatives of the three nations did not have even remotely similar attitude about problems tackled by the Central Bank. The views of Mr. Peter Nicol were usually aligned with those of a Bosniak or a Croat representative. That meant that "a majority decision could not be reached" (one and a half vote against one and a half vote) but also that Peter Nicol de facto took the side of Bosniaks or Croats. Sources from the Central Bank claim that "inability to reach majority decision was rare in the Governing Board" but it is not denied that there were such situations. All of that thanks to the BH Constitution and "the lack of time in Dayton to organize the Constitution according to the basic human right to equality."

Fortunately, recently proclaimed decision of the Constitutional Court of BH about the constituent character of the nations, among other, ensures equal rights of the three nations in all the state institutions, including the Central Bank of BH. If the goal is to consistently and fully implement the decision of the Court, then in the future Pelivan and Omicevic will not be worth "half a man" in the Governing Board of the Central Bank but will have the strength of a "full vote" just like Manojlo Coric (thanks to the Dayton Peace Agreement). In order to make sure that this becomes practice it is necessary to change the BH Constitution and the Law about the Central Bank which was more-or-less copied from the state Constitution, at least in the part that regulates the authority and the decision-making process in the Governing Board.

"I assert that there has to be a logical order of moves; first it is necessary to change the Constitution, and then the Law about the Central Bank of BH. Simply, because we in the bank cannot any more accept to work according to an unconstitutional law which would give to the present members of the Governing Board a single vote, if the Constitution states that the Croat and Bosniak representatives share one vote," Dragan Kovacevic stated for Dnevni Avaz. Mr. Kovacevic is a vice-governor of the Central Bank of BH in charge of administration and his stand is absolutely valid. From the legal point of view, really, it is first necessary to change the BH Constitution and only then adjust the Law about the Central Bank to the Constitution so that the "breath" of equal rights of all three Bosnian nations could be felt in the Governing Board of the Central Bank, in accordance of the decision of the Constitutional Court of BH. Will that really happen?

"That does not depend on us in the Bank. That is an issue for the Bosnian Parliament, both the changes of the Constitution and the Law about the Central Bank," claims Dragan Kovacevic in Dnevni Avaz. Again he is right. When Mr. Pelivan and Mr. Omicevic will stop being "half a man" depends exclusively on the state Parliament. Judging by the past work record of the Bosnian parliamentarians Pelivan and Omicevic will have to wait for a while to again "become whole". Persons with a "whole vote" in the body in which they work. Too bad for them, and also harmful for BH. A state that intends to become a member of Euro-Atlantic associations should not allow itself such "luxury", to have in the Constitution an article which values two persons (no matter who they may be) as one. Every further comment would be unnecessary, or can everything be clarified by Kresimir Zubak's statement from the beginning of the article - that there was not enough time to take care of everything. Today, there is plenty of time. However, it is doubtful whether there is enough political will for a correction. Bosniaks and Croats should not have any doubts. They have to find the will. Otherwise, they will continue to be "half-human" in the Governing Board of the Central Bank. But, to get the rights given to Serbs by the Dayton Agreement, Serbs have to agree with a change of the BH Constitution and the Law about the Central Bank of BH. If they do, we should, actually it would be in accordance with basic precepts of civilized behavior, tell them THANK YOU. Does this hypothetical denouement sound "a bit strange"? I suppose it does, to many. Bur that is Dayton too, isn't is?


Translated on September 12, 2000
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