Brcko
Arbitration Is No Solution
TFF PressInfo 20
"The future of the Brcko area was the only one not
settled in Dayton. Thus, it was either the most difficult of
all, or the United States and the parties agreed that it
would be better to have their decision concerning that hot
spot appear as binding arbitration. The arbitration decision
is expected by mid-February.
But any solution will antagonise at least one of the
groups in the Brcko area, the entities or neighbouring
republics," says Jan Øberg, director of the TFF who
recently returned from the TFF's 24th mission to
ex-Yugoslavia, including a fact-finding visit to Brcko. "The
Dayton Agreement created a conflict by not defining the area
under arbitration, and it will create more now," he
adds.
"The three options usually mentioned -- give it to the
Federation, give it to Republika Srpska, or make it an area
under international military control -- are zero-sum games
and care only for the interests of elites. A viable solution
must must be based on the needs of people who lived and are
living in that area.
Fateful decisions on complex issues in hot spots should
come as a result of confidence-building and prior
reconciliation, not its prod. Like all other civil,
political problems dealt with in Dayton, this one was rushed
and its timeframe completely unrealistic. It would have been
wiser to have waited 2-3 years so a positive sum game had a
chance to emerge in the Brcko area.
Many seek comfort in that the parties will accept the
international community's solutions, because they know they
will face SFOR if they start fighting again. But better
arguments are needed. There is simply something deficient
about solutions that repeatedly must be backed up by
long-term, formidable military force. Conflict-resolution
takes more than keeping people from fighting; a conflict is
solved when they don't feel they need or want to fight each
other."
What should be done instead? Dr. Øberg advocates
another approach: "First, stop talking about the final
solution and look for long-term transformation of the
conflict. The West is obsessed with quick results, but it is
the process that matters. Next, explore the area's economic
potential, exploit creatively it's evident potential as a
meeting point of citizens, nations, and cultures. It could
be declared an "Open Region", meaning undefended and with
relevant parties signing a non-militarisation agreement and
a sort of Non-Aggression Pact. SFOR would remain for some
time, but should successively be replaced by a purely
civilian presence, civil society organizations (NGOs) and
OSCE/UN.
Then: mobilise international aid resources so Bosniaks,
Serbs, Croats and other nationalities and people with mixed
identities will feel that there is something in it for them.
Help create hundreds of small-scale activities leading to
employment and a sense of future. Later, seek to create
mixed Bosniak, Serb and Croat police and civil teams to deal
with social order and train them - and others, such as
journalists - in human rights, conflict-resolution,
democracy and reconciliation. Brcko could become a model for
peace, but that requires more peace tools than arbitration
and more peacemakers than lawyers."
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