Bećirović Requests Adoption of Decision on Accepting the Basic Agreement between BiH and the Islamic Community in BiH

(Patria) - Member of the BiH Presidency Denis Bećirović requested an emergency session of the BiH Presidency with a single agenda item: Proposal for a decision on accepting the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina. The explanation states:

The BiH Presidency on 6 January 2010 forwarded to the Ministry of Human Rights and Refugees of BiH a letter from the Islamic Community in Bosnia and Herzegovina expressing its intention to conclude an Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina.

By the Conclusion of the Council of Ministers of BiH from its 141st session held on 12 January 2011, the procedure for concluding the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina was supported, and the Ministry of Human Rights and Refugees of BiH was tasked with preparing the Basis for conducting negotiations with the Islamic Community in Bosnia and Herzegovina.

The Council of Ministers of BiH, at its 25th session held on 29 September 2015, established the proposal for the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina, and adopted the Report of the Team for conducting negotiations on the completed negotiations. It was also concluded that the Ministry of Human Rights and Refugees of BiH submit the Proposal for the Basic Agreement to the BiH Presidency for further procedure, which was done by act number: 07-38-1-187-5/15 of 20 October 2015, and the Chair of the BiH Presidency was proposed as the signatory of the Basic Agreement on behalf of Bosnia and Herzegovina.

In connection with the above, the BiH Presidency, at its 21st session held on 20 August 2007, adopted the Decision on the ratification of the Basic Agreement between Bosnia and Herzegovina and the Holy See and the Additional Protocol to the Basic Agreement, which was published in the "Official Gazette of BiH" – International Treaties, number: 10/2007, and that the BiH Presidency, at its 37th session held on 7 May 2008, adopted the Decision on the ratification of the Basic Agreement between Bosnia and Herzegovina and the Serbian Orthodox Church, and that such a decision was published in the "Official Gazette of BiH" – International Treaties, number: 6/2008.

In the mandate period 2014-2018, when the BiH Presidency consisted of Bakir Izetbegović, Dragan Čović and Mladen Ivanić, during the chairmanship of Dragan Čović, on the agenda of the 36th regular session held on 27 June 2017, under item 17, there was the Proposal for a decision on accepting the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina. However, at the proposal of the Chair, with which the other two members of the BiH Presidency agreed, the Proposal for a decision on accepting the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina was removed from the agenda of the 36th regular session.

In the mandate period 2018-2022, when the BiH Presidency consisted of Šefik Džaferović, Željko Komšić and Milorad Dodik, during the chairmanship of Željko Komšić, at the 22nd regular session held on 18 October 2021, the acceptance of the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina was discussed. However, the Decision on accepting the agreement was not adopted.

In January 2023, at the initiative of BiH Presidency member Denis Bećirović, concrete activities were launched with the aim of harmonizing certain issues regarding the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina. As a result, in the current part of the ongoing mandate of the BiH Presidency, dozens of preparatory meetings and consultations have been held.

At the initiative of BiH Presidency member Denis Bećirović, a Working Group for harmonization was also formed. Several official meetings of the Working Group were held in the premises of the BiH Presidency, with the presence of representatives of the cabinets of BiH Presidency members and the Islamic Community in Bosnia and Herzegovina.

Bosnia and Herzegovina has committed to ensuring the highest level of internationally recognized human rights, which includes the right to freedom of religion, without any discrimination. The Proposal for the Basic Agreement is fully harmonized with the constitutions and the Law on Freedom of Religion and the Legal Position of Churches and Religious Communities. This is, among other things, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the rights from that Convention and its protocols are directly applicable in Bosnia and Herzegovina and have priority over all other laws, pursuant to the Constitution of BiH. Not signing an agreement only with the Islamic Community constitutes discrimination.

There are no constitutional or legal obstacles to adopting the Decision on accepting the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina. Therefore, BiH Presidency member Denis Bećirović proposed that the BiH Presidency consider this issue at an emergency session and adopt a Decision accepting the Basic Agreement between Bosnia and Herzegovina and the Islamic Community in Bosnia and Herzegovina.