Circle 99 presented principles of constitutional reform in BiH: Dayton solutions must be overcome

(Patria) - A regular session of Circle 99 was held today in Sarajevo on the topic "Constitutional Reform based on Civic Democratic Principles".

The speakers were the president of Circle 99, Adil Kulenović, professor of constitutional law at the Faculty of Law in Sarajevo, Šukrija Bakšić, and Amir Šelo from the Ministry of Justice, Administration and Local Self-Government of HNK.

The occasion for this topic is the drafting of the Draft of Constitutional Reform based on Civic Democratic Principles, prepared by a nine-member working group of Circle 99 based on the discussion from the session held two weeks ago.

The comprehensive material also contains an extensive explanation that will be published to the public in the coming period, after the final text of the proposal is defined. Today, the preamble and the Principles of BiH Constitutional Reform were presented to the public.

- It cannot go on like this anymore, we in Circle 99 have concluded. The continuation of the process of state disintegration leads to further conflicts, including the renewal of violence and wartime horrors.

Thirty years after enduring the "straitjacket" of ethno-political organization, the only alternative is to build a political system and a modern Constitution of BiH modeled after modern European democratic states.

This is a condition for lasting peace and a conflict-free society. Bosnia and Herzegovina remaining a "special case" outside of democratic standards is no longer sustainable. And it is unacceptable.

We reject the demagogic arguments of ethno-nationalists as much as those of their allies within the international community, whether they are called High Representative Schmidt, some US congressmen, or suspicious actors of the European bureaucratic nomenclature - Kulenović stated in his address.

According to him, the guise of preserving peace and stability by cementing the existing situation is a transparent Chamberlain-like policy of appeasement, making short-sighted concessions to aggressors, and postponing inevitable catastrophes.

- As has been shown in the past, these are no guarantees of lasting peace but rather the generation and encouragement of forces of ultimate violence and war, as is evident today.

The act of postponing the social and state ordeal and ongoing conflicts is not a solution. The solution lies in the defeat of the forces of aggressive state disintegration and the affirmation of the freedoms of every citizen and society as a whole.

Our paradigm for a national, Bosnian future must be based on the values of modern European states. Constitutional reform must be a roadmap for full European integration.

Dayton constitutional solutions, created in conditions of genocide and joint criminal enterprises, must be overcome in order to achieve a realistic, prosperous, democratic European - a "Brussels goal".

We will never forget that the Dayton Constitution brought peace, but also the "cuckoo's egg" of ethnic organization that generates conflicts, destroys an inclusive society, and produces the potential for a new war.

Our paradigm must be supranational and supra-ethnic, so that it is also free and in the interest of every citizen of this country - emphasizes Kulenović.

He adds that they are convinced that reforms of the BiH Constitution based on civic democratic principles must contain the values of modern civilization in their substance.

- That is why we start from the principles and goals of the United Nations Charter, expressing our commitment to liberal democracy, peace, justice, solidarity, and mutual understanding.

We believe that Bosnia and Herzegovina should be a secular state with a republican form of government, based on parliamentary democracy, the rule of law, and free and democratic elections.

We are firmly committed to the sovereignty, territorial integrity, and political independence of Bosnia and Herzegovina in accordance with international law.

We must be guided by the principles, values, and standards of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention on Human Rights and Fundamental Freedoms, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, as well as other instruments for the protection of individual human rights, and the historic act of admission to the United Nations on May 22, 1992.

We unconditionally believe that the equality, freedom, and independence of the citizens of Bosnia and Herzegovina, as bearers of state sovereignty, should be guaranteed, ensured, and implemented in all aspects of society - states Kulenović.

He emphasizes that Bosnia and Herzegovina must be a state of all its citizens, who, with full respect for ethnic, religious, and cultural diversity, form the Bosnian-Herzegovinian/Bosnian nation, which was confirmed by admission to the United Nations.

- In doing so, we respect all previous opinions of the Venice Commission on the political, social, electoral, and judicial system in Bosnia and Herzegovina.

And especially seeing how the current socio-political system undermines the culture of coexistence, produces ethnic distances and conflicts among political elites to the detriment of individual human rights.

The stagnation of Bosnia and Herzegovina in becoming a full member of the European Union and NATO is more than evident, with reforms and reform processes being consciously hindered, the fulfillment of 14 key priorities from the European Commission's Opinion being delayed, and the stagnation in drafting every subsequent Reform Program of Bosnia and Herzegovina as a condition for NATO membership.

Therefore, we emphasize the need for the political, social, and economic system to be harmonized with the norms, values, and standards of the European acquis communautaire, on which the European Union is based.

We particularly point out that the current constitutional solution contains systemic discrimination against citizens based on their ethnic affiliation and place of residence, which has been specifically established by the judgments of the European Court of Human Rights in Strasbourg in the cases Sejdić-Finci, Zornić, Pilav, Šlaku, Pudarić, and Kovačević.

It is also contrary to the centuries-old ethno-territorial indivisibility of the state territory of Bosnia and Herzegovina, life in diversity and equality, the Declaration on the Rights of Citizens from the Second Session of ZAVNOBiH, held on July 1, 1944, in Sanski Most, the Constitution of the Republic of BiH, and the results of the civic Referendum in 1992, organized throughout BiH and under international supervision and initiative.

This further convinces us that civicly constituted bodies of authority and fair procedures best create the much-needed inclusive relations within a pluralistic society where there are equal opportunities for all citizens.

We must never lose sight of all the judgments of the International Criminal Tribunal for the former Yugoslavia (ICTY) which established the commission of genocide, war crimes, crimes against humanity, and joint criminal enterprises aimed at creating mono-ethnic parts of the territory in Bosnia and Herzegovina through ethnic cleansing, and we emphasize that the current Constitution was imposed in those circumstances.

Therefore, we are determined in our demand that electoral legislation does not deviate from European electoral principles and standards, nor that additional discrimination against citizens in their active and passive electoral rights be introduced, nor unequal value of each citizen's vote based on ethnic affiliation and place of residence - says Kulenović.

Members of the working group also emphasize the need and necessity for the economic system of Bosnia and Herzegovina to function on a single market for the benefit of all citizens of this country.

- These are, therefore, the basic prerequisites and values for reforming the current constitutional order and harmonizing it with the requirements of the European acquis communautaire, as well as the fundamental principles of the rule of law and liberal democracy.

A clear vision is material strength in confronting realpolitik forces both internally and internationally, but also a roadmap for gaining alliances for a free Bosnia and Herzegovina - concluded Kulenović.