Representatives from CSOs, political parties, the academic community, and appellants, have initiated and published mutual Declaration on Constitutional and Other Reforms of BiH on the Road to the EU and NATO. In the published public statement the co-signees pledge within the framework of its activities in public, as well as through the institutions of Bosnia and Herzegovina, to implement and advocate for harmonized attitudes and principles in accordance to which the country shall move forward with its integration towards to European family and the NATO alliance.
Starting from the international legal subjectivity, sovereignty, territorial integrity and independence of the state of Bosnia and Herzegovina, the state of equal citizens and the people living in it;
Acknowledging the statements of all political organizations operating in the territory of Bosnia and Herzegovina, both entities, Brčko District, cantons and local self-government units, which unequivocally emphasized that Bosnia and Herzegovina’s accession to the European Union is a strategic goal;
Affirming the position that the rule of law, which implies equality of all individuals before the law without exceptions, and which is achieved through respect for and implementation of the Constitution and laws in BiH, execution of verdicts of international and BiH courts in the constitutional system of Bosnia and Herzegovina, both domestic and international legal obligations;
Recognizing the premise that Bosnia and Herzegovina should be a state of human, political, ethnic and religious rights and freedoms, in which the rule of law is a fundamental principle, whose social consensus is based on anti-fascism, pluralism, democracy, secularism, responsible and transparent rule, and resolute struggle. against systemic corruption and crime;
Considering as very important the cooperation of political organizations with civil society organizations, institutions and individuals from academia, media, religious communities, individuals from all spheres of public social activity, as well as broad support of the citizens of Bosnia and Herzegovina based on accepted Principles for Amendments to the Constitution of Bosnia and Herzegovina, as entities that have the right, responsibility and obligation in the creation and shaping of the Bosnian society and the state of Bosnia and Herzegovina;
We, the undersigned, undertake, within the framework of our activities in public, as well as through the institutions of Bosnia and Herzegovina, to implement and advocate for the agreed views and principles set forth in
D E C L A R A T I O N
ON CONSTITUTIONAL AND OTHER REFORMS OF BOSNIA AND HERZEGOVINA
ON ITS PATH TO THE EUROPEAN UNION
- The signatories of the Declaration on Constitutional and Other Reforms on the Euro-Atlantic Path of Bosnia and Herzegovina (Declaration) agree to act together as a social movement for Bosnia and Herzegovina and a better future for each individual, respecting and not challenging the right of any political organization to its own legal and political subjectivity and action, accepting the participation of civil society organizations and other signatories of the Declaration in the context of professional and consultative role in the process of monitoring and implementing the agreed positions and principles in this Declaration.
- The Parties consider that amendments to the Constitution of Bosnia and Herzegovina are necessary, in accordance with Article 10, paragraph 2 of the Constitution of BiH, which unequivocally states that any amendments to the Constitution of BiH may not be contrary to the European Convention for the Protection of Human Rights, rights and fundamental freedoms and its advantages over every other right (Article 2, item 2 of the Constitution of BiH). The Convention was ratified by the State of BiH in the Parliamentary Assembly of BiH (2002) and it represents a “constitutional instrument of the European public order”. Any further delay in the execution of judgments of the European Court of Human Rights leads to the exclusion of BiH from the Council of Europe and the permanent interruption of any integration process.
Activities leading to additional ethno-national and territorial divisions of BiH society and the state of BiH are unacceptable and all changes should take place in the direction of achieving full human rights and freedoms of all citizens and peoples throughout Bosnia and Herzegovina.
- Negotiators from BiH, as well as mediators and delegates from the international community will be acquainted with the starting points agreed in this Declaration, in order to establish the framework and principles for all future negotiations.
Negotiations cannot be conducted under any pressure or blackmail, no matter who they come from, but solely on the basis of the rule of law and the promotion of fundamental human rights in a democratic and peaceful environment.
All proposals and models based on European democratic standards aimed at improving the functionality of BiH and its institutions are welcome.
- All negotiations, talks and possible agreements with local and international officials concerning amendments to the Constitution of Bosnia and Herzegovina must be thorough, harmonized and finally initialed by all political organizations that have their own Representatives and delegates in the Parliamentary Assembly of Bosnia and Herzegovina, who are signatories to this Declaration, on the following principles:
- Execution of final judgments of the European Court of Human Rights on appeals of Jakob Finci, Dervo Sejdić, Azra Zornić, Ilijas Pilav, Samir Šlaka and Svetozar Pudarić, as well as execution of final judgments of the Constitutional and Court of BiH, in the context of amendments to the BiH Constitution and BiH Election Law.
- A precise and defined list of the rights of the peoples of Bosnia and Herzegovina, in the parliaments at the state and entity levels, with a clearly defined mechanism for their protection, in accordance with the judgments of the European Court of Human Rights and the 2005 Venice Commission opinion, (to harmonize the model of protection of “vital national interest”).
- Clearly defined provision on the inadmissibility and punishability of denial of Holocaust crimes, genocide and other convicted war crimes, glorification of convicted war criminals by international and BiH courts for crimes against humanity and international law, as well as inadmissibility of insults as genocide or criminal.
- Ensure the rule of law by establishing an independent judiciary in accordance with democratic standards and systematically ensure the unconditional execution of verdicts of BiH and international courts.
- Define in the Constitution mechanisms for preventing blockades of work of institutions of Bosnia and Herzegovina and other authorities at lower levels, including the institute of early elections.
- After harmonized positions on changes to the BiH Constitution, the reform of the electoral system is to be based on modern democratic standards and in line with European values and against further ethnic divisions, respecting the execution of verdicts of the European Court of Human Rights and the BiH Constitutional Court.
- Harmonize and offer clear principles and models that will harmonize the competencies, rights and obligations of the President / Vice President in both entities, as well as the competencies and role of the House of Peoples in FBiH and the Council of Peoples in RS, in a symmetrical manner. the rights of citizens who do not declare themselves as constituent peoples (others), taking into account the opinion of the Venice Commission.
The current legal situation in the FBiH and RS entities prevents the integration and functioning of BiH institutions.
- In order to implement the decision of the Constitutional Court of BiH on state property, a joint proposal of the Law on State Property will be drafted, which must be based on a final verdict of the Constitutional Court of BiH, and which will define state ownership of its property, as well as defining rights and duties of lower levels of government and public institutions / enterprises in the use and disposal of state property.
- The path of Bosnia and Herzegovina to NATO membership is defined by Art. 84 of the Law on Defense of BiH and as such is a legal obligation of all BiH institutions.
- The signatories of this document welcome the initiative of distinguished members of the academic community on the need to hold the BiH Parliament / Congress, which should provide framework guidelines and a document on strategic issues for the future of Bosnia and Herzegovina in the coming period.
Each of the signatory parties will individually decide on their possible engagement and participation after the submission of the initiative document by the initiative committee of distinguished members of the academic community on the reasons, goals and manner of organizing the BiH Parliament / Congress.
- The signatory parties agreed that following and monitoring of the positions, principles and implementation of the harmonized activities from this Declaration will be led by the Council for the Implementation of the Declaration (Council). The Council will consist of members: one representative from each of the political parties signatories to the Declaration, 5 representatives from civil society organizations signatories to the Declaration, 1 representative from ANUBIH, 1 representative from academic community, 1 representative from the appellant before the ECtHR. The Parties shall designate their representatives within seven days of the date of signature of this Declaration. From among the members of the Council, a chairman will be appointed who will be from among the civil society organizations, and will regulate the manner and model of its activities.
- The Declaration may be accessed by other political organizations and NGO’s in their written statements, as well as deputies / delegates from the Parliamentary Assembly of BiH and deputies from the entity parliaments, in their personal capacity, if they are not members of political organizations that are the signatories to the Declaration.
- The signatories of the Declaration oblige themselves to implement all harmonized elements in the spirit of unity, in good faith, putting the common interests of the State of BiH before any personal and particular interests.
Each signatory to the Declaration shall retain one original signed copy of the Declaration.