Might Makes Right: War-Related Payments in Bosnia and Herzegovina

ABSTRACT

This article explores the patterns of distribution of material reparations (compensation) for victims and veterans in post-1995 Bosnia and Herzegovina. Drawing on bottom-up approaches to reparative justice and critical peacebuilding, it explains the existing material reparation schemes in Bosnia as outcomes of the post-war transition and interests of the main transitional actors. It first explores the different approaches to war-related compensation for victim and veteran groups and then demonstrates that veterans have formed powerful pressure groups, drawing on extensive political and economic resources. Their organizations have been receiving socioeconomic support in exchange for electoral endorsement and public political support. As victims are fragmented ethno-nationally, by categories, and also lack capacities, their means to leverage the authorities for change are limited, even when matched with NGO and international support. This paper argues that unless material reparation is distributed in a transparent and consistent manner, it may create additional social cleavages and tensions.     

Deconstructing Dayton: Ethnic Politics and the Legacy of War in Bosnia and Herzegovina

Twenty years after the signing of the Dayton Peace Agreement (DPA) which brought the conflict in Bosnia and Herzegovina (BiH) to an end, the dysfunctional nature of the Bosnian state means that the question of how political actors in BiH engage with the DPA as a response to the war remains vitally important. This article argues that moving beyond the ethnicization of politics in BiH enacted by the DPA can be achieved by challenging the understandings of the war which inform the DPA while simultaneously challenging the effects of these understandings in the present. By advancing what I term a ‘deconstructive conclusion’ of the DPA, this article demonstrates the practical utility of Jacques Derrida’s thought for engaging with the legacy of war in BiH.     

Statebuilding in Divided Societies: The Reform of Dayton in Bosnia and Herzegovina

Abstract

Drawing from the literature on conflict regulation and other plural society theories, this paper provides a framework of analysis to explore the dynamics involved in the external statebuilding process in Bosnia and Herzegovina (BiH). The analysis is based on a three-level framework whereby patterns of conflict regulation are analyzed at the inter- and intra-ethnic levels, as well as what this article terms the ‘supra-national’ ethnic level, where interactions between domestic and external actors are considered. In order to explore these issues empirically, this paper examines the process of constitutional reform in BiH over the course of 2005–6, drawing from personal interviews. The paper concludes that, while the assistance provided by external actors has proven substantial, the neglect of intra-ethnic dynamics and other related considerations have often rendered external actors’ efforts at shaping the statebuilding process in BiH ineffective.     

Socio-spatial agency and positive peace in Mostar,Bosnia and Herzegovina

ABSTRACT

Mostar has been divided since 1992, which marked the start of the civil war in Bosnia and Herzegovina. In 1995 the violent conflict ended and in 2004 the city was reunified by an interim city statute even though it remains highly contested. Drawing on research conducted in Mostar from 2014 to 2018, this article presents spatial interventions to discuss how socio spatial agency contributes to the experience of a ‘positive peace’. As such, the article presents examples of shared spaces in the divided city to focus on the temporal dimensions of the peace process.     

Sub-State Diplomacy in Malfunctioning States: The Case of the Republika Srpska,Bosnia and Herzegovina

Diplomacy is no longer the preserve of the state. It is increasingly used by sub-state actors to contest state-level authority. In malfunctioning states like Bosnia and Herzegovina, where lengthy state-building efforts have not alleviated the risk of instability, this possibility is a cause for concern. This article builds on paradiplomatic and state-building studies to examine specific aspects of the Republika Srpska's (RS) bid for diplomatic actorness. Based on the content analysis of official documents and interviews, it assesses the level of diplomatic actorness of the RS in four dimensions (legal authority, external presence, internal presence, autonomy) and examines whether this has grown in collaboration or competition with state-level diplomacy. The article shows that the development of the RS's paradiplomatic activities is driven by ethno-political competition, facilitated by state and sub-state actors’ mutual disregard, and that it both echoes and amplifies the systemic malfunctioning of Bosnia and Herzegovina.     

Democratic Oversight in Fragile States: The Case of Intelligence Reform in Bosnia and Herzegovina

In most transition countries the main aim of ‘democratizing intelligence’ is to weaken the authoritarian governmental structures by introducing more transparency, legality and oversight. In Bosnia and Herzegovina however, the state-building efforts driven by international parties combined formal democratization processes such as independent oversight with the strengthening and operational capacity building of previously weak-to-non-existent intelligence structures. In parallel with the descent into war when Yugoslavia collapsed in the early 1990s, the State Security Service (SDB) in the Republic of Bosnia had split into three ethnically-based outfits answering to the political and military leaders of war. ‘Democratization’ of intelligence in Bosnia and Herzegovina since the establishment of a unified, state-level Intelligence and Security Agency (OSA) in 2004 has followed its own unique path reflecting the fragmented nature of politics in Bosnia and the leading role of international organizations in proposing and effectuating institutional reforms. Nevertheless, in terms of habits, operational methods and values many Bosnian intelligence officers went through similar adaptations and transitions as their colleagues in countries where institutions at the time of democratic transition were too strong and authoritarian rather than, as in the case of Bosnia, being deemed too weak and ineffectual.     

Transitional Justice and Its Discontents: Socioeconomic Justice in Bosnia and Herzegovina and the Limits of International Intervention

ABSTRACT

The incorporation of socioeconomic concerns into transitional justice has traditionally, as a result of prevailing liberal notions about dealing with the past, been both conceptually and practically difficult. This article demonstrates and accounts for these difficulties through the case of Bosnia and Herzegovina, a country which has been characterized by a complex transition process and a far-reaching international intervention, encompassing transitional justice and peacebuilding as well as political and economic reforms. Examining the limits of international intervention in Bosnia and the marginalization of socioeconomic justice issues, the article analyses the events surrounding the protests that broke out in February 2014, and the ensuing international engagement with the protest movement. Faced with a broad-based civic movement calling for socioeconomic justice, the international community struggled to understand its claims as justice issues, framing them instead as problems to be tackled through reforms aimed at completing Bosnia’s transition towards a market economy. The operation of peacebuilding and transitional justice within the limits of neoliberal transformation is thus instrumental in explaining how and why socioeconomic justice issues become marginalized, as well as accounting for the expression of popular discontent where justice becomes an object of contestation and external intervention.     

Judicial Capacity Building in Bosnia and Herzegovina: Understanding Legal Reform Beyond the Completion Strategy of the ICTY

This article examines how international institutions serve to diffuse human rights norms and create judicial capacity building in post-conflict societies. Specifically, we examine how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Office of the High Representative have influenced the reform of domestic courts in Bosnia and Herzegovina (BiH). We place these reforms within the broader debate over restructuring the complex system of government in BiH. Since 2005, domestic courts in BiH have had jurisdiction over the following: (1) Cases which were initially under the jurisdiction of the domestic courts but remanded to the ICTY and recently returned to BiH. (2) Cases which originated at the ICTY and have been transferred to the State Court, and (3) new cases which originated and remained in the domestic court system. We find that while human rights norms have been incorporated into the new legal code, the diffusion of these human rights norms has been inadequate because of the lack of judicial capacity building. While some courts in the capital enjoy significant resources, the vast majority of cases will be tried at provincial courts which are under-funded and unable to prosecute the significant number of cases. Moreover, the government structure of BiH has had a decidedly negative impact on the prosecution of these cases. Ultimately, the rule of law requires consistency of approach and funding to protect human rights throughout the state.

---

Critical success factors for modernising public financial management information systems in Bosnia and Herzegovina

This article identifies a number of critical factors that have contributed to the successful implementation of a public financial management information system in the Republic of Bosnia and Herzegovina (BiH). The information system, funded by USAID and implemented by Emerging Markets Group from 1999 to 2004, has revolutionised accounting practices and has contributed to a more transparent and effective public sector. This article describes the project's context and purpose, its main features, challenges and obstacles. It continues by outlining the critical success factors that have contributed to the success of the project in a challenging environment. The project was implemented in a rather unique environment since it was initiated not long after the end of the civil war and the creation of the Republic of BiH. The Republic of BiH inherited the former socialist Yugoslavian payment systems. There were no adequate public financial management systems in place, and the project team could essentially start from scratch. The project team designed and implemented an accrual accounting system, and unlike the situation in many countries, relieved the government from having to transform their financial management system from cash‐based accounting to accrual accounting. Copyright © 2005 John Wiley & Sons, Ltd.     

Elite and Everyday Social Contracts in Bosnia and Herzegovina: Pathways to Forging a National Social Contract?

ABSTRACT

The Dayton Peace Agreement ended the violence in Bosnia–Herzegovina, however, it also solidified antagonistic political identities leading to the creation of two social contracts: an ‘elite social contract’ involving primarily political elites of the main ethnic groups and an ‘everyday social contract’ involving ordinary citizens trying to manage a complex social and economic environment. The first social contract is hegemonic, however, alternative, non-nationalist views are slowly emerging. Grassroots groups, the surviving remnants of inter-ethnic coexistence, the integrating pull of market forces and the presence of a large diaspora all constitute resources for the creation of a resilient national social contract.     

(Re)Imagining Coexistence: Striving for Sustainable Return, Reintegration and Reconciliation in Bosnia and Herzegovina

Prior to the 1992–1995 war in Bosnia and Herzegovina,Bosniaks, Serbs and Croats shared neighbourhoods and friendships.The war, through its objective and effect, divided these communitiesand groups. Postconflict, the physical return of displaced personsand refugees was, and remains, insufficient to renew coexistence.Moreover, the weak economy aggravates divisions, further impedingsustainable return and reconciliation. Recognising these difficulties,UNHCR launched ‘Imagine Coexistence,’ a series ofactivities designed to rebuild trust among ethnic groups inareas of return. Many of the activities involved an income-generatingcomponent. The article reviews this and other similar initiativesthat aim to promote livelihoods, community development, returnand coexistence concurrently. It finds that while such inventiveprojects receive limited attention and funding, they have achievedsuccesses in repairing social relationships, addressing povertyand strengthening communities in Bosnia. Consequently, theyshould be given greater prominence in Bosnia and more generallyin the design of transitional justice and peace building interventions.     

Interest group representation and framing in the media: A policy area perspective

This article analyzes interest group representation and framing in the news media. In contrast to previous work, it focuses on the role of the policy area in shaping the types of groups appearing in the media and the frames used by groups. Empirically, the analysis maps group representation and framing across six different policy areas in the Danish news media. It distinguishes between whether groups frame their viewpoints as furthering (a) the interests of group members, (b) the interests of other specific societal groups, (c) broad economic concerns, or (d) public interests in general. Interest group representation and framing is found to vary between these policy areas. Some areas mainly contrast economic groups and the interests of their members, whereas debates in other areas are more likely to be shaped by references to beneficiaries of welfare state services or broad, public interests.     

The politics of landscape as ways of life in the ‘divided’ city: reflections from Mostar,Bosnia–Herzegovina

ABSTRACT

‘Divided’ cities – places of extreme exclusion and polarization – are sites where the paradox of both fragmentary and cosmopolitan capacity of the city comes to the fore. This article asks: What practices-in-landscape consolidate, construct and deconstruct the impression of a divided city? Drawing insights from the post-conflict Mostar, Bosnia and Herzegovina, the main argument I put forward is that urban infrastructures are a crucial medium through which social divisions and cohesions are performed and rearticulated on the ground. The article attends to the everyday of youth in Mostar turning to the politics of landscape as ways of life in the city.     

Interest group networks in the European Union

Interest group networks are crucial for understanding European Union (EU) integration, policymaking and interest representation. Yet, comparative analysis of interest organisation networks across EU policy areas is limited. This study provides the first large-scale investigation of interest group information networks across all EU policy domains. We argue that interest groups prioritise access to trustworthy and high-quality information coming from partners with shared policy goals. Thus, interest organisations form network ties with other organisations if the latter are from the same country, represent the same type of interest, or are policy insiders. The effect of these three factors varies across policy domains depending on the extent to which the institutional setting assures equal and broad organisational access to decision-making. Our empirical analysis operationalises information ties as Twitter-follower relationships among 7,388 interest organisations. In the first step of the analysis, we use Exponential Random Graph Models to examine tie formation in the full network and across 40 policy domains. We find strong but variable effects of country and interest type homophily and policy insiderness on the creation of network ties. In the second step, we examine how the effect of these three variables on tie formation varies with policy domain characteristics. We find that shared interest type and policy insiderness are less relevant for tie formation in (re-)distributive and especially regulatory policy domains characterised by more supranational decision-making. Sharing an interest type and being a policy insider matters more for tie formation in foreign and interior policies where decision-making is more intergovernmental. The effect of country homophily is less clearly related to policy type and decision-making mode. Our findings emphasise the importance of institutional and policy context in shaping interest group networks in the EU.     

Dynamics in the Dutch policy advisory system: externalization,politicization and the legacy of pillarization

Although the literature on policy advisory systems has experienced a revival in recent years, its empirical focus has mainly been on Anglophone countries (Craft and Halligan 2016). This paper applies the policy advisory systems approach to the Netherlands, which can serve as an example of the dynamics in the policy advisory systems of consensus-driven, neo-corporatist polities Lijphart in Patterns of Democracy: Government Forms and Performance in Thirty-Six Countries, 21, 235–266 1999). Using a historical-institutionalist perspective, the dynamics of the Dutch policy advisory system from the mid-1960s to the present day are examined. Based on original cross-time survey data and an analysis of secondary sources, the impact of depillarization (mid-1960s–mid-1990s), new public management (mid-1980s onwards) and an increased pressure on the executive have had for the Dutch policy advisory system (from the late 1990s): fragmentation, externalization and a non-partisan brand of politicization are shown. More specifically, the use of the institutionalized system of permanent advisory councils has lost part of its significance in favour of both external consultants and ad hoc advisory committees. The Dutch case, with its accumulative institutional design based on Weberianism, neo-corporatism and new public management elements, has thus experienced markedly different dynamics in its policy advice system than the Anglophone countries.