PSC Steering Board Communiqué: Backsliding in Rule of Law

SARAJEVO, (Patria) - Political Directors of the Peace Implementation Council Steering Board reviewed the state of implementation of the General Framework Agreement for Peace, which continues to be the foundation for a stable, secure and prosperous Bosnia and Herzegovina (BiH).

The PIC Steering Board reminded all parties of their obligation to fully respect the Peace Agreement, all of its Annexes and the decisions of the High Representative. It reaffirmed its unequivocal commitment to the territorial integrity and the fundamental structure of BiH as a single, sovereign state composed of two entities. The Steering Board reiterated that the entities have no right to secede from BiH and that they legally exist only on the basis of the BiH Constitution.

The Steering Board reminded the authorities in BiH that the BiH Constitution is an integral part of the Peace Agreement and that the decisions of the BiH Constitutional Court are final and binding and must be implemented. The Steering Board reaffirmed its full support for the High Representative in ensuring full respect for the General Framework Agreement for Peace in BiH and the implementation of his mandate in accordance with Annex 10 and relevant UN Security Council resolutions, which remains unchanged.

The Steering Board underlined that the international community continues to retain the necessary instruments to ensure the implementation of the Peace Agreement. It stressed the need for full implementation of the 5+2 agenda, which remains a prerequisite for the closure of the Office of the High Representative.

The PIC Steering Board noted that since its last meeting, progress on political and economic reforms has slowed to a near standstill, with few exceptions. Although BiH submitted answers to the EU Questionnaire, adopted a number of excise laws, and there were some efforts to strengthen regional cooperation, the implementation of reforms has almost ceased, especially at the state and Federation of BiH levels. There has been backsliding in the area of the rule of law, and serious concerns remain regarding media independence and rhetoric that increasingly deepens divisions. Political parties from the FBiH continue to refuse compromise on essential amendments to the BiH Election Law.

Disproportionate procurement of long-barrelled weapons by certain law enforcement agencies has caused concern. (The Russian Federation disagrees)

The PIC Steering Board appealed to BiH political and institutional leaders at relevant levels of government:

- to refrain from nationalistic rhetoric that deepens divisions during the pre-election period and afterwards. To ensure the peaceful conduct of free and fair elections.

- to urgently implement the decision of the BiH Constitutional Court in the so-called "Ljubić case" concerning the House of Peoples of the Federation, in order to enable the unimpeded implementation of election results and the formation of legislative and executive authorities at all levels. To implement the decision of the BiH Constitutional Court on Mostar without further delay.

- to support the Central Election Commission of BiH in organizing the 2018 general elections and to refrain from any political pressure on this body.

- to take steps to ensure that the elections are credible, including by ensuring that voter lists are accurate and improving the transparency of polling stations.

- to implement the Sejdić-Finci decision and related decisions of the European Court of Human Rights after the elections and the formation of authorities.

- to support the rule of law, particularly by strengthening institutions responsible for fighting corruption at all levels of government in BiH. To refrain from challenging and endangering judicial institutions at the state and entity levels and to implement their decisions.

- to urgently implement the Constitutional Court's decision on the Criminal Procedure Code so as to enable judicial and prosecutorial institutions in BiH to effectively resolve serious criminal offenses, in accordance with the UN Convention against Transnational Organized Crime.

- to urgently implement the decision of the BiH Constitutional Court on the Intelligence-Security Agency of BiH and preserve BiH's capacity to continue cooperation as a reliable partner in intelligence and security cooperation.

- to engage constructively and responsibly in the effective implementation of all reforms crucial for improving the lives of BiH citizens, in order to, among other things, advance BiH's European perspective. Strong political commitment from BiH leaders is needed for the implementation of further socio-economic reforms and strengthening of the rule of law and public administration in line with European standards, which also stems from the relevant aspects of the Sofia Declaration, adopted at the recent EU-Western Balkans Summit.

- to improve cooperation between all levels of government to ensure, among other things, BiH's unimpeded participation in the process of preparing the European Commission's Opinion and related inquiries.

- to continue to promote regional cooperation in various forms, with the aim of contributing to sustainable reconciliation, greater mutual understanding, strengthening new opportunities for economic development and better cultural ties, as well as promoting regional stability.

- recognizing BiH's constitutional competence for "policies and regulations in the areas of immigration, refugees and asylum," to implement the Council of Ministers of BiH's Action Plan of Urgent Measures to address the humanitarian and security aspects of the increasing inflow of migrants into BiH. In this regard, the Steering Board supports better information exchange and cooperation among agencies.

The next meeting of the PIC Steering Board will be held in Sarajevo in December 2018.