The historical right of Bosnia and Herzegovina to choose the status of a sovereign and independent state

Ermin Kuka for Patrija

Bosnia and Herzegovina, throughout history, had and maintained the continuity of its existence as a separate geographical, administrative, cultural and economic entity even after the loss of medieval state independence in 1463. During the period of Ottoman administration and rule, Bosnia existed as a separate territorial and administrative area. The natural-geographical (territorial) units that existed during the medieval Bosnian state remained until the arrival of the Ottomans, who carried out their reorganization, with the fact that they respected the natural-geographical units that had existed until then.

By the decisions of the Congress of Berlin in 1878, the administration of Bosnia and Herzegovina was given to the Austro-Hungarian monarchy. That's when the new name "Bosnia and Herzegovina" was born, which has been preserved to this day. Even during the period of Austro-Hungarian rule in Bosnia and Herzegovina, a special status (corpus separatum) was maintained, with the achievement of a special type of development and emancipation of Bosnian society. The period of Austro-Hungarian administration is the period in which Bosnia and Herzegovina begins to rapidly develop economically, culturally, urbanally, and infrastructurally. The beginning of the First World War in 1914 interrupted the positive development processes in Bosnia and Herzegovina and set back the overall situation in the states affected by the conflict, including the territory of Bosnia and Herzegovina.

Interest in ethnic division

In the period of the Kingdom of Yugoslavia from the First World War to the Second World War, Bosnia and Herzegovina was outside the sphere of interest and occupation of the royal authority in the context of its development and progress. The current interest related to its ethnic division, which was strongly advocated by the national political and other elites of neighboring Serbia and Croatia. In the end, those interests were shaped in 1939 in the form of the Cvetković-Maček agreement, which agreed on the division of the territory of Bosnia and Herzegovina between Serbia and Croatia. The full implementation of that agreement was interrupted by the occupation of Yugoslavia by Germany in 1941.

During the Second World War, Bosnia and Herzegovina was occupied by Hitler's Nazi and Mussolini's fascist forces. With the establishment of the Nazi quincean creation of the Independent State of Croatia on April 10, 1941, the largest part of the territory of Bosnia and Herzegovina became part of it. The so-called The Independent State of Croatia was an extension of Hitler's occupation of Europe and the Balkan Peninsula.

However, historical forces during the Second World War in Bosnia and Herzegovina led to the creation of a strong and broad anti-fascist national liberation front (movement). Its armed (military) component was the People's Liberation Army. Some of the key enemy offensives against the national liberation (partisan) army took place precisely on the territory of Bosnia and Herzegovina. Citizens of Bosnia and Herzegovina of all nationalities actively joined the anti-fascist movement and made an immeasurable contribution to the fight against the occupiers.

Thanks to the expressed general will and participation in the uprising of all its inhabitants in the joint fight against the occupiers, a decision was made to organize the First Session of the National Anti-Fascist Council of People's Liberation of Bosnia and Herzegovina (ZAVNOBIH), following the example of other republics. The formed network of national liberation committees became the basis for the preparation and holding of the First Session of ZAVNOBIH on November 25, 1943 in Mrkonjić Grad. Thanks to the decisions of ZAVNOBIH, Bosnia and Herzegovina was declared a federal state unit, equal to Serbia, Slovenia, Croatia, Macedonia and Montenegro. The special historical significance of ZAVNOBIH lies in the fact that the statehood of Bosnia and Herzegovina was then restored, which was lost by the Ottoman conquest in 1463. Actually, from that historical point, a new period in the history of Bosnia and Herzegovina begins. Its state development within the framework of common Yugoslavia was started.

Within the joint socialist Yugoslav federation, Bosnia and Herzegovina went through two important historical periods. The first period is the period of centralist-administrative development from 1945-1960. years. The second is the period of socialist self-governing development from 1960-1990. years. The significant progress of Bosnia and Herzegovina in almost all spheres of state and social work and activities took place precisely in the period of socialist self-management. The economy, education, transport infrastructure are developing, new companies are opening (especially industrial ones), which focus primarily on export. This is how employment grows. Three new universities are opening: Mostar, Tuzla and Banja Luka. That period of development of Bosnia and Herzegovina is recorded in historiography as a golden age in the development of Bosnian society. Along with general economic development, the capacities in the area of administrative and professional work of the municipal administration, as well as the administration at the republic level, have also been increased.

With such an intense and strong level of development, which could be compared with the medium-developed countries of Europe, Bosnia and Herzegovina, together with other republics of the Yugoslav federation, entered the process of dissolution of the joint state in the period from 1990-1992. years.

The crisis of the joint state (Yugoslav Socialist Federation) culminated in the late 80s and early 90s of the 20th century. The Yugoslav crisis lasted more than a decade. The crisis progressed especially after a series of failed attempts by the presidents of the republics and provinces to find a common political solution. There were several proposals for a solution to that crisis, starting with the reform of the federation, through more decentralization, to proposals for greater centralization. During 1990 and 1991, the process of dissolution of the SFRY deepened significantly. The conception of the formation of independent states prevailed. Already in 1991, Slovenia and Croatia carried out political pluralization and declared independence. Other republics and provinces also followed that path.

Pluralization of BH society

Almost simultaneously with the process of dissolution of the SFRY, the historical process of political pluralization and transition to a multi-party system in all Yugoslav republics began. Pluralization of Bosnian society was carried out peacefully. During 1990, political parties were formed in Bosnia and Herzegovina, thus introducing a multi-party system. Three parties are formed on a mono-ethnic basis: SDA, HDZ BiH and SDS. The first multi-party elections in Bosnia and Herzegovina were held in November 1990, in which the just mentioned three parties won an absolute victory with 84% of the seats won in the Assembly of Bosnia and Herzegovina. With 16% of the seats, the opposition parties were almost completely marginalized.

Already in the first year of activity and decision-making in the Assembly of Bosnia and Herzegovina, the question of its political future was raised as the most important question. In the discussion in the Assembly, two options (two concepts) regarding the future political status and development of Bosnia and Herzegovina crystallized. The first concept, which implied the sovereign and independent legal status of Bosnia and Herzegovina, was advocated by SDA, HDZ BiH and five opposition parties. The second concept, which implied that Bosnia and Herzegovina would be only one administrative territory within the already fragmented Yugoslavia, was advocated by the SDS led by Radovan Karadžić. In fact, that concept was based on the establishment of a "Greater Serbia" on the territory of Bosnia and Herzegovina.

Realizing that the first concept could prevail, Radovan Karadžić issued an open threat in the Assembly of Bosnia and Herzegovina in October 1991, saying that if there was a war, the Muslims would not be able to defend themselves and it would be hell. After that, the SDS left the Assembly, and after the referendum, it openly set out to achieve the goal of creating a "greater Serbia".

Doc. dr. Ermin Kuka (Photo: Facebook)

The response of the Assembly of Bosnia and Herzegovina to the open threats of Radovan Karadžić was the adoption of the Decision on holding a referendum on the sovereign and independent future of Bosnia and Herzegovina on January 25, 1992. The decision was preceded by the opinion of the Arbitration Commission of the Conference on Yugoslavia (the so-called Badinter Commission), according to which the path to the country's independence entailed holding a citizens' referendum on the sovereign and independent status of Bosnia and Herzegovina. Thus, the Assembly of Bosnia and Herzegovina enabled the citizens to freely and democratically declare the sovereign and independent legal status of Bosnia and Herzegovina.

The referendum was held in complex and tense socio-political relations and circumstances. Citizens' statements were made on February 29 and March 1, 1992. The referendum question read: "Are you for a sovereign and independent Bosnia and Herzegovina, a state of equal citizens, the people of Bosnia and Herzegovina - Muslims, Serbs, Croats and members of other nations who live there?". SDS supporters had the task of not going to the referendum and obstructing its implementation wherever the majority Serbian population lived. However, despite the obstructions, the referendum was successfully conducted under international control. This was confirmed by observers of the European Parliament, who assessed that the voting was honest and the organization of the referendum correct. Out of the 109 municipalities at that time, the referendum was held in 107 of them (only Grahovo and Drvar were not held).

64% of citizens registered in the voter's list took part in the referendum, of which 99% positively declared for the sovereign and independent status of Bosnia and Herzegovina. The success of the referendum was the basis for international recognition of the state of Bosnia and Herzegovina. Thus, after the Assembly of Bosnia and Herzegovina determined the results of the referendum and made a decision on the declaration of independence, international recognition of Bosnia and Herzegovina followed on April 6 by the then 12 member states of the European Community, and then by the USA and other states.

The holding of the referendum was a historic act and moment, because the citizens democratically decided on the sovereign and independent future status of Bosnia and Herzegovina, and that, as such, it should enter into its own and independent development.

Historical context

The response of the SDS and their supporters to the results of the referendum and the declaration of independence of Bosnia and Herzegovina was the initiation of aggression, with the help of the JNA and other military forces from Serbia and Montenegro. In the period of almost four years of aggression against the Republic of Bosnia and Herzegovina, civil and patriotic forces organized the defense of the integrity, sovereignty and territory of the state. The fundamental bearers of defense were, in the political level, the War Presidency of the Republic of Bosnia and Herzegovina, and in the military aspect, the Army of the Republic of Bosnia and Herzegovina, which was formed by the War Presidency.

Aggression against the Republic of Bosnia and Herzegovina in the period from 1992-1995. was followed by the commission of numerous mass and individual crimes against humanity, primarily against Bosniaks, including the crime of genocide in all occupied towns and cities under siege. These facts have been confirmed in international and domestic courts, and they have been documented through numerous orders and directives of the so-called of the main staff of VRs. In addition to human victims, persecution of civilians and other crimes, the war also brought unprecedented material suffering and destruction. Despite suffering and destruction, Bosnia and Herzegovina managed to preserve its multi-ethnic being and integrity.

Armed aggression was stopped by the signing of the General Framework Agreement for Peace in Bosnia and Herzegovina, better known as the Dayton Peace Agreement, at the end of 1995. The leadership of the USA, with the support of the international community, played a crucial role in this. This agreement also rounded off the basis of the internationalization of the Bosnian issue, primarily through the building and stabilization of peace and the building of state institutions. In fact, the Dayton Peace Agreement provided the geopolitical basis for the establishment and development of the historic process of Bosnia and Herzegovina's integration into the European Union and the NATO alliance.

The starting point of the internationalization of the Bosnia and Herzegovina issue appears in the historical movement until the final achievement of Bosnia and Herzegovina's membership in the European Union and the NATO alliance. The historical process of Euro-Atlantic integration in the time after the signing of the Dayton Peace Agreement marks the overall content of the political development and structural reforms of the Bosnian society.

Looking at the overall historical context of the existence and development of the state of Bosnia and Herzegovina, the continuity of its uniqueness in those different time distances and periods is clearly recognized. The continuity of the existence and development of statehood confirms the thesis that Bosnia and Herzegovina had the historical right to independently choose its status in the future, in the conditions of the dissolution of the SFRY. Therefore, March 1 is a historical date, since it happens only once in the history of the country.

Before Bosnia and Herzegovina is the task of completing the process of "Europeanization" of society and the state, which entails the implementation of a series of structural, especially constitutional, reforms. Building a state in peace takes place with the full involvement of the institutions of the international community, together with democratic and pro-Bosnian forces within the state. The stability of the institutions and the security of the citizens of Bosnia and Herzegovina, as well as the overall economic and social development, will go faster and better within the framework of the European Union and the NATO alliance. In this way, Bosnia and Herzegovina will become a legal and democratic state in which equal chances for the development and progress of all its citizens will be guaranteed. Because peace and the state have no other alternative, they are the two biggest public (general) goods.

Along with these messages of optimism, I congratulate all the citizens of Bosnia and Herzegovina on March 1, the Independence Day of our only homeland.

(The author of the text is Assoc. Dr. Ermin Kuka, senior research associate at the Institute for Research on Crimes against Humanity and International Law, University of Sarajevo)

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