The BiH Presidency Chairman Bakir Izetbegović sent a letter of the following content to the Ambassadors of the Countries Members of the Steering Board of the Peace Implementation Council.

Respected Ambassadors of the Steering Board of the Peace Implementation Council,

I thank you for having organised the consultations on the future of the Supervisory Regime for Brčko District on 3 April and inviting a representative of my Cabinet to take part in those consultations.

I herewith wish to deliver my stance with regards to the intention of the PIC Steering Board to bring decision on ending the Brčko District Supervisory Regime by the time of their next meeting, which is to take place on 22-23 May.

It is my opinion that the conditions for the Brčko District Supervisory Regime to be ended have not been met since the entity of Republika Srpska, unfortunately, has not yet proved its full readiness to hold to all of the obligations deriving from the Final Award of the Arbitration Tribunal, the Statute of the Brčko District and Amendment I to BiH Constitution.

The Decisions of the executive and legislative bodies of the entity of Republika Srpska provide reasons for reasonable doubt in dedication and the future intentions of that entity to respect the status of Brčko District and to fully hold to all of its obligations towards Brčko District. For instance, the Decision of the People's Assembly of Republika Srpska, which refuses the Final Award of the Arbitration Tribunal, has never been revoked, nor have there been any indications that the Decision will be revoked. That Decision represents a direct breach of the Annex 2 of the General Framework Agreement for Peace, by which both entities were obliged to accept the Award of the Arbitrary Tribunal as final and would implement it without delay.

Furthermore, even if the status of Brčko District is regulated by the Final Award of the Arbitration Tribunal, the Statute of Brčko District and Amendment I to BiH Constitution, all other questions and jurisdictions have been regulated by the Governments and Parliaments of the entities. Therefore, there is a risk of possible annulment of those decisions by the Governments and Parliaments which brought them. For example, the Decision of the Government of Republika Srpska of 1 December 2011 to publish a map on which there is no inter-entity line in Brčko District is brought by the institution of such jurisdiction and it can be cancelled at any moment, especially bearing in mind that the Decision of the People's Assembly of Republika Srpska, by which the Final Award of the Arbitration Tribunal is not accepted, is still in force.

Let me remind you that there still remain a number of unresolved questions of vital importance for Brèko District, such as the representation of Brčko District at the Institutions of Bosnia and Herzegovina, financing and infrastructure of Brčko District, and Brèko District electricity supply. I am of the opinion that these questions must be solved before it is approached to considering decision on ending the Supervisory Regime.

Passing the Law on Brčko District at the Parliamentary Assembly of Bosnia and Herzegovina is the only true solution by which all unresolved questions could be comprehensively solved as well as all the areas of socio-political life in Brčko District and which to now have been regulated by the decisions and conclusions of the executive and legislative authorities of the entities. In the case there is a true dedication of all political actors in Bosnia and Herzegovina to fully respect the status of Brčko District, the passing of such a Law should not represent a challenge.

I wish to draw your attention to the fact that the Final Award of the Arbitration Tribunal determines that the Tribunal will continue to exist and will preserve the jurisdiction and authority to, in case of a serious failure to comply with the provisions of the Final Award by one of the entities, modify the Final Award, until the Supervisor, with the consent of the High Representative, has notified the Tribunal that: (a) both entities fully compel with their obligations to support the establishment of the new institutions described in the Final Award, and (b) that these institutions function effectively and, apparently permanently.

Considering that the Supervisor has not sent any notice to the Arbitrary Tribunal, I think that the eventual decision on abolishing the Supervisory Regime before the Supervisor sends such notice would not be in accordance with the Final Award of the Arbitrary Tribunal. Moreover, such a decision of the PIC Steering Board could create an open space for Republika Srpska to bring under question the continuous jurisdiction and the authority of the Tribunal to solve the disputes with regards to the obligations deriving from the Final Award, and to, in case of a more serious failure to compel with the Final Award, modify the Final Award. Besides that, such a decision on ending the Supervisory Regime could create a legal vacuum with regards to the future procedure of closing the Arbitrary Tribunal.

Ensuring a full compliance with the status of Brčko District is of vital importance to Bosnia and Herzegovina. Therefore, I hope that you will take into consideration my remarks on the intention of the Steering Board of the PIC to bring the decision on abolishing the Supervisory Regime, and that you will recognise the need to pass the Law on Brčko District at the state level which would regulate all remaining unresolved questions related to Brčko District.