Legal base	Articles 14, 18(5) and 23 (2); QMV
Department	Foreign and Commonwealth Office
Basis of consideration	Minister's letter of 2 April 2009
Previous Committee Report	HC 19-xi (2008-09), chapter 16 (18 March 2009)
Discussed in Council	11 March 2009
Committee's assessment	Politically important
Committee's decision	Cleared (decision reported on 18 March 2009); further information now provided

Background

11.1 The internationally brokered Dayton Peace Agreement ended the 1992-1995 war in Bosnia and Herzegovina (BiH).[44] It established BiH as a state comprising two Entities, each with a high degree of autonomy: the Republika Srpska (RS) and the Federation (FBiH).

11.2 The Agreement also designated the Office of the High Representative (OHR) as the chief civilian peace implementation agency in BiH, to oversee the implementation of the civilian aspects of the Peace Agreement on behalf of the international community. He or she is also tasked with co-ordinating the activities of the civilian organisations and agencies operating in the Bosnia and Herzegovina.[45]

11.3 The Peace Implementation Council (PIC) — 55 countries and international organisations that sponsor and direct the peace implementation process — oversees these arrangements. The PIC Steering Board nominates the HR; the UN Security Council, (which approved the Dayton Agreement and the deployment of international troops in BiH) then endorses the nomination. On a day to day basis, a Board of Principals, chaired by the HR, serves as the main coordinating body. Its permanent members are OHR, EUFOR, NATO HQ Sarajevo, OSCE, UNHCR, EUPM and the Commission. International financial institutions such as the World Bank, the IMF and the UNDP are also regular participants. From the outset the HR has been "double-hatted" as EU Special Representative (EUSR).

11.4 The longstanding goal has always been for BiH to work its way towards European accession. The most recent step was the signing last June of BiH's Stabilisation and Association Agreement. Closure of the Office of the High Representative was provisionally planned for June 2008. However, it was decided that this decision would be reviewed by the PIC Steering Board in February 2008, and closure would occur only when the political situation in Bosnia and Herzegovina was judged to be sufficiently stable. Following closure, the EUSR would become the primary representative of the international community in Bosnia and Herzegovina.

11.5 Prior to this transition, the BiH authorities need to deliver five objectives (well established, approved by the PIC SB and all previously recognized by BiH authorities as obligations) revolving around creating a sustainable, multi-ethnic, democratic, law-based State, and to fulfil two conditions — signing of the SAA, and a positive assessment of the situation in BiH by the PIC SB based on full compliance with the Dayton Agreement. These "Five Objectives and Two Conditions" are far from either delivery or fulfilment; on the contrary, the most recent findings by both the Commission and the PIC have lamented political developments since last June, with the PIC noting "little progress in addressing reform, with ethnic and sub-State agendas prevailing over the European agenda", and that "Divisive rhetoric challenging the sovereignty and constitutional order of Bosnia and Herzegovina (BiH), as well as the authority of the High Representative and the Peace Implementation Council (PIC) Steering Board has been frequent, further undermining inter-ethnic trust and the foundations of the state".

11.6 Mr Miroslav Lajcak was appointed as EUSR in BiH on 18 June 2007 through Council Decision 2007/427/CFSP. At our meeting on 21 January 2009 we considered draft Council Decisions extending his and four other EUSR mandates for a further year, and recommended them for debate.[46] That debate took place on 2 March 2009.[47]

The Minister's letter of 19 February 2009

11.7 In her letter, the Minister for Europe expressed gratitude for the discretion the Committee had given her to agree to the extension of the EUSR's mandate for a further year, notwithstanding that it and four other such mandates were to be debated on 2 March in the European Committee. But its main purpose was to explain that Miroslav Lajcak had recently resigned as HR/EUSR (BiH) to become Slovak Foreign minister and that the UK was proposing Sir Emyr Jones Parry (UK Permanent Representative to the UN from 2003-7, and previously UK Permanent Representative to NATO and FCO Political Director) as his replacement. The Minister noted that the procedures were complex: once agreed by the EU, the successful candidate would then need to be appointed, by consensus, as HR by the Peace Implementation Council Steering Board. The Minister expected the first step to be endorsement of Sir Emyr at the 23 February GAERC, with a view to completing the selection process by 1 March, "in order to ensure continuity at a crucial time". The Minister hoped for the Committee's understanding that if any new actions or documents were necessary to confirm the candidate she might agree to them at the Council, and undertook to "keep the Committee informed of developments", including in the debate on 2 March.

11.8 The Committee saw no reason to take exception to what the Minister proposed in these circumstances. But, rather than allow this important issue to become embroiled in a larger debate, the Committee asked the Minister, in the Explanatory Memorandum she would have to provide on appointing Sir Emyr (or anyone else), to set out the full background to the situation in BiH and her expectations about developments during his twelve-month mandate.

The Joint Action

11.9 This Joint Action appointed Valentin Inzko as the EUSR in Bosnia and Herzegovina for one year, from 1 March 2009 to 28 February 2010. His appointment was finalised by written procedure on 11 March 2009. The Committee considered it at its meeting on 18 March.

11.10 In her accompanying Explanatory Memorandum of 12 March (which is set out in detail in our previous Report), the Minister for Europe judged that one of the Conditions (signing the SAA) and two of the Objectives had been met. However, the second Condition — a positive assessment of the situation in BiH by the PIC steering board based on full compliance with the Dayton Peace Agreement — "remains relevant"; suggesting, presumably, that this could not be forthcoming at least until the other three Objectives were met. From what the Minister said, there seemed to be a basis for agreement on two of them; but full implementation of the Transfer Agreement on movable defence property, signed in March 2008, and finalising, signing and implementing an appropriate Transfer Agreement on immovable defence property seemed to be stalled.

11.11 With regard to the Government's expectations on developments during the next 12 months, the Minister said:

—  if Bosnian leaders worked together in a spirit of compromise and flexibility, it was possible that the objectives and conditions required for closure of the OHR would be met within 2009;

—  as and when the PIC made a decision on OHR closure, and the EUSR became the primary representative of the international community in BiH, a strengthening of the EUSR's mandate might be required, so that it was adequate to deal with ongoing challenges;

—  there was "an evolving debate at the moment amongst EU member states on the strengthening of the EUSR's mandate for any future reinforced EUSR, as and when the Office of the High Representative closes."

11.12 But the Minister said nothing about the reasons for Sir Emyr Jones Parry's withdrawal, nor of Mr Inzko's qualifications to replace Mr Lajcak. Nor did she confirm whether or not he had actually been appointed by the PIC. So we asked to hear more from her about this and, in the meantime, cleared the document from scrutiny.[48]

The Minister's letter of 2 April 2009

11.13 In her letter of 2 April 2009, the Minister for Europe says that, although Sir Emyr Jones Parry "was an excellent candidate, ultimately we were unable to reconcile Sir Emyr's existing commitments with the short timescale foreseen by High Representative Solana for taking up the post". She continues as follows:

"Of the remaining candidates, Ambassador Valentin Inzko was judged to be the strongest. As Austrian Ambassador to Slovenia, a former Head of the Eastern and South-Eastern Department at the Austrian Ministry of Foreign Affairs, and Ambassador to BiH (1996 -1999) he impressed with his knowledge and experience of the region. His fluency in the Bosnian, Croatian and Serbian languages was also seen as a positive.

"The Peace Implementation Council (PIC) Steering Board Ambassadors met in Sarajevo on 13 March and formally agreed his appointment as the High Representative for BiH.

"Ambassador Inzko attended the recent PIC meeting in Sarajevo on the 25-26 March. In his final act as High Representative, Miroslav Lajcak (now Slovakian Foreign minister) formally handed over responsibilities to Ambassador Inzko. Therefore as of 26 March Valentin Inzko is HR/EUSR in BiH.

"This Government welcomes the appointment of Ambassador Inzko as HR/EUSR and will support him fully in his efforts to drive forward progress in BiH. We believe that he has the skills and experience to make a success of the position. I spoke to Ambassador Inzko on 19 March and congratulated him on his appointment. I also assured him of the UK's full support for his role in BiH and discussed with him the challenges that BiH will face over the forthcoming months."

Conclusion

11.14 This further information completes the picture concerning Mr Lajcak's replacement, which we are reporting to the House because of the widespread interest in developments in the western Balkans generally, and in Bosnia and Herzegovina particularly.

45   See http://www.ohr.int/ for full information about the OHR. Back

46   See (30351) -: HC 19-iv (2008-09), chapter 2 (21 January 2009). Back

47   See http://www.publications.parliament.uk/pa/cm200809/cmgeneral/euro/090302/90302s01.htm for the transcript of that debate. Back

48   See headnote: HC 19-xi (2008-09), chapter 16 (18 March 2009). Back