State property was not handed over to the entities in Dayton (Bosnian Land Map from 1992)

The Institute for Geopolitics, Economy and Security (IGES) is in possession of a map issued by the Republic Administration for Geodetic and Property Legal Affairs in Sarajevo, which was issued in 1992. The map was commissioned by the then state leadership of the Republic of Bosnia and Herzegovina, which used only official data and documents, based on international and domestic law and legal regulations that treat state property.

This map with accompanying instructions and explanations, among other documents and other maps, was used during many war negotiations. According to the testimonies of the direct participants in the negotiations in Dayton, the then representative of the aggressor side, Slobodan Milošević, tried to persuade the Bosnian negotiators to hand over ownership of state property to the entities. Despite great pressures and threats of the continuation of war, he did not succeed, because the division of state property would divide the state of Bosnia and Herzegovina. The position of the negotiators on behalf of the Republic of BiH was clear and unwavering, believing that any transfer of state property to the entities, and even one part of it into the hands of lower levels of government, represents a reduction or loss of statehood itself!

Until today, state property has been preserved, which was confirmed by the final judgment of the Constitutional Court of BiH in favor of Bosnia and Herzegovina. As it failed by force in the war, then by illegal registration at lower levels of government, currently under blackmail and threats, attempts to decide on property are being transferred to the political level in order to take property from the state and transfer it to the entities. Now, the question is, why do they want to renegotiate something that was stipulated in Dayton, or is the Dayton Agreement used whenever someone needs it?

The following is a transcript of the text from the 1992 Land Map of the Republic of Bosnia and Herzegovina, which clearly states the definition of state property, its composition, as well as the areas occupied by state and private property:

Land map with the national structure of the Republic of Bosnia and Herzegovina

The land map of the Republic of Bosnia and Herzegovina with the national/ethnic structure provides information on general social (state) property and its spatial position, as well as the spatial population parameters of municipal areas and at the level of the Republic.

The territory of the Republic of Bosnia and Herzegovina has a total area of 5,119,683 hectares. General (state) property accounts for 53.26% or 2,726,971 hectares, and citizen ownership for 46.74% or 2,392,712 hectares.

In the structure of areas of general social ownership, the dominant area is forested, exactly 1,789,307 hectares (34.95% of the total area of the Republic), while pastures cover 572,856 hectares (11.19% of the total area).

Citizens own 1,470,318 hectares of arable land or 28.72% of the total area of the Republic.

The distribution of national (state) property on the territory of the Republic is significant from the point use of natural resources point of view and the influence of the state on the disposal of such significant areas.

These maps so far have dealt with the issue of population of the territory of the Republic, neglecting the area of general (state) property, which makes up more than half of the surface of the Republic.

The second segment of the map is the spatial population of the territory of the Republic. Statistical data from the 1991 census by the category of populated areas was used to present this component of the map.

Urban areas are presented graphically, given that in small areas there is a concentration of a large number of inhabitants and that the area of urban areas is subjected to general social (state) property. Thus for e.g., in the urban areas of the following 12 cities (Sarajevo, Banja Luka, Zenica, Tuzla, Mostar, Bihać, Brčko, Bijeljina, Prijedor, Doboj, Bugojno and Trebinje) live a total of 1,044,450 inhabitants, of which 110,214 Croats, 454,908 Muslims (Bosniaks), 295,437 Serbs and 183,891 others.

As for the state property, i.e., ownership, it is clear that it covers the entire state territory, i.e., state land, public goods, mines, oil fields, mountains, rivers, road, rail, sea and air transport, etc. The legal holder of this entire state property, i.e. the territory, is the state, and municipalities are only the holders of the right of use. According to international law, the state territory or state property, including Bosnia and Herzegovina, belongs to the total number of its citizens regardless of their national, religious, racial, social and other affiliation. Thus, in Bosnia and Herzegovina there is no individual national possession, and consequently no individual national state territory.

The way this land map was designed, provides an insight into the territory of the Republic of Bosnia and Herzegovina, the population by nationality, and the common space of general (state) property.