HNS Declaration: Reject The Hague Verdicts and Reorganize BiH

MOSTAR, (Patria) - The Croatian National Assembly (HNS) unanimously adopted a Declaration at its session in Mostar, and the president of HDZ BiH was re-elected as the president of HNS, with one abstention, reported Dnevni list.

The Declaration defines the guidelines for the actions of Croatian political representatives in Bosnia and Herzegovina through seven points.

The newspaper reminds that the first point, among other things, states that the legitimate political representatives of the Croatian people in BiH advocate for an independent, integral, stable, and prosperous BiH as an optimal framework for achieving Croatian national interests and goals in BiH.

The second point states that Dayton BiH is an "unrealized state in a deep constitutional, institutional, and political crisis," while the third point states that solutions to acute and chronic crises "should be sought by returning to Dayton and its fundamental principle of constitutionality and mutual equality of constituent peoples."

HNS calls for constitutional changes and amendments to the Election Law to ensure legitimate political representation and mutual equality of all three constituent peoples at all administrative-political levels in BiH, as well as ensuring the rights of national minorities and others to elect and be elected.

The strategic goal of the Croatian people in BiH is the fastest possible membership of BiH in the EU and NATO, and the membership of Bosnia and Herzegovina in Euro-Atlantic integrations is the most important foreign policy goal of BiH, according to the fourth point of the Declaration.

In the fifth point, HNS demanded the protection of the dignity of the Homeland War, while the sixth point, reports Dnevni list, speaks of the need to establish political stability and the rule of law, which is the foundation of economic development and demographic renewal.

The last point of the Declaration prescribes the guidelines for the actions of all political entities involved in HNS BiH. It states that national interests and the common good must be above and beyond personal and party interests.

Also, parties must be a framework and means of political struggle for the common good, national, social, and state interests, and the fundamental criterion in staffing must be the principles of excellence and efficiency above all else.

 

INTEGRAL TEXT OF THE DECLARATION:

 

1. BiH Our Homeland – Independent, Integral, Stable, and Prosperous BiH as an Optimal Framework for Achieving Croatian National Interests

We, the legitimate political representatives of the Croatian people in BiH, express our clear, firm, and unambiguous commitment to:

– an independent, integral, stable, and prosperous BiH as an optimal framework for achieving Croatian national interests and goals in BiH,

– achieving full legal and actual constitutionality of Croats in BiH and their equality with Bosniaks and Serbs,

– building and strengthening the institutions of our common state and homeland of equal constituent peoples and other citizens who do not identify as members of one of the three constituent peoples,

Aware of the fact that there are completely different views on its future in BiH, we warn of the danger and destructiveness of policies that:

– deny the Constitutional and Dayton principles of constitutionality and mutual equality of constituent peoples (unitarism),

– relativize and deny the independence and integrity of BiH (separatism).

We consider the Declaration of the Croatian Parliament on the position of the Croatian people in BiH to be a great contribution to our struggle for an independent, integral, stable, and prosperous BiH in which the Croatian people will be constituent and equal with Bosniaks and Serbs, and we strongly welcome its adoption.

2. Dayton BiH – An Unrealized State in a Deep Constitutional, Institutional, and Political Crisis

The original Washington and Dayton Agreements respected and operationalized Croatian constitutionality in BiH and ensured a relatively high degree of constitutional and institutional equality for Croats with Bosniaks and Serbs. Subsequent amendments to these agreements through imposed constitutional amendments by the OHR and misinterpretations have significantly changed the character of these agreements and, among other things, have called into question the Constitution and Dayton BiH, Croatian constitutionality in BiH, and have placed Croats in a subordinate and unequal constitutional, institutional, and political position compared to Bosniaks and Serbs.

Therefore, the current constitutional, institutional, and political situation is completely unacceptable for Croats in BiH:

– because it denies them the right to legitimate political representation, i.e., it does not ensure that they are represented in bodies of authority at all administrative-political levels that state and entity constitutions have designated for the legitimate representation of constituent peoples by their legitimately elected political representatives. This is evidenced, among other things, by the fact that on two occasions at the Federation of BiH level, government was formed without legitimate Croatian representatives ("Alliance" and "Platform"), and on three occasions, the Croatian member of the Presidency of BiH was elected contrary to the political and electoral will of the Croatian people, i.e., imposed on Croats by legal, political, and electoral violence. In addition to being an illegitimate and illegal act, the re-imposition of the Croatian member of the Presidency of BiH is a morally corrupt act, an insult to Croatian national and political dignity, and a symbol of Croatian disenfranchisement and de-constitutionality,

– because it denies them the right to freely dispose of the results of their labor through unfair redistribution of financial resources generated by people and companies in majority Croatian municipalities and cantons to areas and institutions where Croats do not have instruments to protect and articulate their national interests,

– because it denies them the right to freely dispose of social, cultural, and natural resources in areas where they have lived for centuries, through unfair and imposed laws, passed by outvoting, i.e., political and institutional violence,

– because it deprives and denies them not only constitutional rights but also the right to cultural, educational, and media autonomy, even in a narrower scope and form that national minorities enjoy in nation-states.

– because it exposes them to a disproportionate risk of politically, ideologically, and nationally motivated judicial repression, especially when it comes to the veteran population, given that representatives of the other two peoples, or Croats largely elected by them, play a decisive role in the repressive apparatus and highest judicial bodies,

– because it exposes them to continuous, organized, and managed political, ideological, and media violence that has many elements of para-intelligence activities, hate speech, and war-mongering with the aim of discrediting and slandering all social and political actors who publicly advocate for the principles of constitutionality and mutual equality of constituent peoples.

– because all of the above, among other reasons, strongly influences the emigration of Croats from BiH and leads to very serious demographic problems within the Croatian national corpus.

3. Europeanization of Dayton – Brussels Upgrade

Unitarist and separatist goals and interests are incompatible and directly opposed to the fundamental Dayton principles and models, therefore the main causes of the dysfunctionality and instability of Dayton BiH should be sought in them. Solutions to acute and chronic crises should be sought by returning to Dayton and its fundamental principle of constitutionality and mutual equality of constituent peoples.

In order for BiH to continue and successfully complete its Euro-Atlantic path, i.e., to become a full member of the EU and NATO, it is necessary to implement the so-called Brussels upgrade of the Dayton foundation, i.e., constitutional, legal, and institutional changes based on the principles of federalism, decentralization, subsidiarity, and legitimate political representation, as stated in the resolutions of the European Parliament from 2014 and 2017.

This implies a new and more rational administrative-territorial organization of the country that will equally respect all three constituent peoples by consistently operationalizing the principles from the preamble of the Dayton Constitution on the constitutionality of peoples.

The purpose of these changes should be:

a) to harmonize constitutional provisions and legal norms as much as possible with the overarching principle of the BiH Constitution, the principle of constitutionality and mutual equality of the three constituent peoples – Bosniaks, Croats, and Serbs,

b) to ensure a higher degree of individual, human, and civil rights for every citizen of BiH, regardless of their national affiliation (or lack thereof). In practice, this would mean fully implementing the relevant decisions of the Constitutional Court of BiH and the European Court of Human Rights.

Changes to the Constitution and the Election Law should respect the following principles:

– legitimate political representation and mutual equality of all three constituent peoples at all administrative-political levels in BiH in those bodies and institutions that the BiH Constitution has designated for the legitimate representation of constituent peoples

– ensuring the rights of members of national minorities and the group of others to elect and be elected without discrimination.

Belgium and Brussels, as the seat of the EU, are precisely examples and proof that the principles of federalism and consociational democracy are part of the European legal and political heritage and that it is possible and desirable to harmonize these principles with the principles of individual, human, and civil rights and freedoms, i.e., an example and proof that it is possible to build a Brussels upgrade on the Dayton foundation.

HNS BiH will prepare a new integrated Proposal for Amendments to the Constitution and Election Law of BiH that meets all the above-mentioned principles.

4. Euro-Atlantic Integrations

The strategic goal of the Croatian people in BiH is the fastest possible membership of BiH in the EU and NATO. Membership in the EU and NATO is the most important foreign policy goal of Bosnia and Herzegovina as a state and of HNS BiH as the umbrella organization of the Croatian people in BiH.

We, the political representatives of the Croatian people in BiH, are proud of the role that HNS BiH members have played in leading the EU path in Bosnia and Herzegovina, including the entry into force of the Stabilization and Association Agreement in 2015, the submission of the EU membership application in February 2016, and the submission of answers to the EU Questionnaire in February 2018.

We particularly welcome the establishment of a coordination mechanism that allows all peoples in BiH at all levels of government, from cantons to the state, to clearly and loudly express their support for BiH's accession to the EU through a unified voice and to have an equal position during negotiations.

HNS BiH strongly advocates for the fastest possible implementation of all necessary reforms on the path to the EU and NATO, including the earliest possible closure of the Office of the High Representative (OHR) as a prerequisite for full membership of BiH in the EU, and to ensure the full sovereignty of BiH as an independent, integral, stable, and prosperous state whose institutions are capable of taking responsibility for the state and its sovereignty.

We welcome the role and contribution of HNS BiH members to the activation of the MAP, which BiH received in December 2018.

For the acceleration of our European path and the preservation of the constitutionality and equality of the Croatian people in BiH, we particularly emphasize the contribution of officials from the Republic of Croatia as well as Croatian representatives in the European Parliament.

5. Protection of the Dignity of the Homeland War

The Croatian Defence Council waged a just and legitimate, defensive, not an aggressive war, in which it defended the territory where the Croatian people live within the internationally recognized borders of Bosnia and Herzegovina.

The fundamental values of the Homeland War are freedom, the rule of law, peacemaking with national equality, and respect for human rights. In accordance with the fundamental principles of justice and civic solidarity, within the limits of material possibilities, all Croatian veterans, families of the fallen, and victims of the Homeland War should be provided with full protection, dignity, and care.

For the sake of the dignity of the Homeland War, the judiciary in Bosnia and Herzegovina is obliged to prosecute all cases of individual war crimes and all other crimes committed during the war, strictly applying the principles of individual responsibility and guilt. We resolutely oppose selective and tendentious indictments based on command responsibility against the commanders of the Croatian Defence Council. In this way, we preserve the moral dignity of the Croatian people and protect the honor, reputation, and dignity of all defenders and citizens who participated in the defense of Bosnia and Herzegovina.

We reject the qualifications of the International Criminal Tribunal for the former Yugoslavia regarding a joint criminal enterprise, which are unfounded and unjustly attributed to the Republic of Croatia, the Croatian Republic of Herceg Bosna, and the Croatian Defence Council. Such a malicious qualification is unfortunately used to attempt to achieve the war goals of one of the parties in the war in Bosnia and Herzegovina and to eliminate the Croatian people as a political entity in Bosnia and Herzegovina. The International Criminal Tribunal for the former Yugoslavia was not competent in the "Prlić et al." case, nor was it competent at all, as it ruled in 2007, to decide on issues of state responsibility, because its jurisdiction is criminal and extends only to individuals.

The Croatian Community of Herceg Bosna, the Croatian Republic of Herceg Bosna, and the Croatian Defence Council made decisive contributions to the preservation and defense of Bosnia and Herzegovina.

We call on citizens, state and social institutions, associations, and the media to protect the fundamental values and dignity of the Homeland War on the aforementioned principles, as a pledge of our national equality and the civilizational future of Bosnia and Herzegovina.

6. Political Stability and Rule of Law – Foundation for Economic Development and Demographic Renewal

Political stability is the foundation for the rule of law, economic growth, demographic renewal, and the general progress of BiH as a state and of Croats as a constituent people in BiH. To achieve political stability, it is necessary for all three constituent peoples to be truly constituent and equal throughout the territory of BiH, to respect the BiH Constitution and the rule of law, and for political options to abandon unconstitutional, anti-Dayton, and potentially disastrous policies of separatism and unitarism.

Given that legal insecurity and corruption represent a major obstacle to the development of Bosnia and Herzegovina, the establishment of a more competitive economy and social justice, and the arrival of foreign investment, it is necessary to reach the broadest possible political and social consensus as soon as possible and ensure a political climate and institutional capacity for an effective fight against corruption.

Without economic development, demographic recovery and the retention of young and professional staff are not possible, and the fundamental prerequisite for long-term economic growth and development is political stability. Therefore, we are committed to:

– creating a stable political environment that will ensure domestic and foreign investment with the aim of economic growth and increased employment,

– utilizing European funds to put to use all human capacities that will contribute to economic development and social well-being,

– intensive development of quality education, small and medium-sized entrepreneurship, and tourism with the aim of retaining young people in BiH and their full integration into the economic system.

Quality education in line with the highest world standards, as well as the institutional preservation and development of cultural identity, in addition to being extremely significant elements of long-term survival and vitality, also have the potential to be the main means of overall social development of the Croatian people in BiH. Therefore, HNS BiH will pay special attention in its future work to the situation in the fields of education, science, culture, and media with the ultimate goals:

– creating a unified Croatian educational system in Bosnia and Herzegovina, which would include preschool education, primary and secondary education, and higher education,

– encouraging the development of the University of Mostar, its partnership with foreign universities, and the general development of quality and excellence in scientific research and higher education in the Croatian language,

– further strengthening the healthcare system, including the development of the University Clinical Center Mostar,

– further strengthening the Croatian Academy of Sciences and Arts in BiH,

– institutional strengthening of the Croatian National Theatre in Mostar as the fundamental cultural institution of Croats in BiH and other cultural institutions of importance for the Croatian people in BiH

– establishing a Public Broadcasting Service that broadcasts programs in the Croatian language and with program content that objectively and affirmatively connotes and reproduces the social, national, and cultural identity of Croats in BiH, making it present, visible, and recognizable in the pluralistic public and media space of Bosnia and Herzegovina in its specificities, and supporting the organization of all media in the Croatian language into a kind of mediapool.

HNS BiH, in cooperation with Croatian associations and organizations abroad, will initiate the process of forming a body that will bring together all representatives of Croats from BiH in the diaspora and serve the economic development of Croatian regions in BiH and the return of Croats from the diaspora.

The common goal of all the aforementioned measures and activities is to improve the quality of life and work in BiH, slow down and stop the process of emigration, and achieve the demographic renewal of the Croatian people.

7. HNS BiH – Main Guidelines for Action

The primary purpose of HNS BiH is to unite and coordinate the joint action of all political entities in BiH with a Croatian prefix, with the aim of achieving full constitutionality and equality of the Croatian people in BiH with the other two constituent peoples.

Therefore, as well as with the aim of sending a clear message to all Croats in BiH, other constituent peoples in BiH and all citizens, the Republic of Croatia, Washington and Brussels, and the entire international community that Croats are united in the struggle for their national, constitutional, political, and other rights, all decisions concerning possible constitutional changes and amendments to the Election Law of BiH, and the establishment of government at all levels will be made or confirmed within the appropriate bodies of HNS BiH. Through such a form of unity, HNS BiH will strive to demonstrate the greatest possible degree of political responsibility towards the Croatian people, as well as towards other constituent peoples and citizens, and the state of BiH, which according to the BiH Constitution is a community of constituent and mutually equal peoples and equal citizens.

At the same time, we will systematically and persistently continue to undertake activities aimed at strengthening the role and position, reputation, influence, and significance of HNS BiH and all its bodies: the Presidency, the Main Board, the Council, and the Secretariat.

To this end, the future actions of all political entities involved in HNS BiH, as well as HNS BiH as a whole, should be aligned as much as possible with the following principles and guidelines:

– national interests and the common good must be above and beyond personal and party interests,

– parties must be a framework and means of political struggle for the common good, national, social, and state interests,

– the fundamental criterion in staffing must be the principles of excellence and efficiency above all else.

Aware of the seriousness and demands of the overall constitutional-legal and political, as well as social, cultural, economic, and demographic position and situation in which the Croatian people currently find themselves, the areas and topics to which we will focus special attention and activities are:

– amendments to the Constitution in accordance with the principles of this Declaration

– amendments to the Election Law of BiH, the reform of which is the first priority and a necessary prerequisite for the establishment of government after the elections held in October 2018,

– implementation of the decision of the Constitutional Court of BiH concerning the City of Mostar,

– support for existing and initiation of new public media in the Croatian language, including the Public Broadcasting Service,

– further internationalization of the Croatian issue in BiH, including institutional connection with the Republic of Croatia and Croats in the world,

– continuation of programmatic connection and strengthening of educational, scientific, and cultural institutions,

– reform of the tax system with the aim of fairer collection and distribution of public revenues and strengthening the economic position,

– the problem of emigration and demographic renewal as a problem that reflects all the previously mentioned problems,

– protection of life from conception to natural death and the overall development and progress of the Croatian people in Bosnia and Herzegovina

– advocating for institutional equal treatment of Churches and religious communities in BiH as a secular state

– political, institutional, personnel, and financial strengthening of HNS BiH and its bodies,

– following the example of the language communities in Belgium, which, in addition to political autonomy, also ensure comprehensive and effective educational, media, and cultural autonomy, transforming HNS BiH into an all-Croatian umbrella organization in BiH that, in addition to legitimate political representatives, also brings together all leading social, economic, educational, cultural, sports, religious, and other representatives of Croats in BiH through the HNS BiH Council and includes HNS BiH as the bearer of non-territorial autonomy of Croats in BiH within the constitutional-legal order of BiH.

We, the legitimate representatives of the Croatian political will in Bosnia and Herzegovina, adopt this Declaration as a firm commitment to ourselves and a strong message to all our social and political partners with whom we share responsibility for the stability and prosperity of our common homeland, Bosnia and Herzegovina.