Declaration on Constitutional and Other Reforms of BiH on the Path to the European Union and NATO Signed

(Patria) - Today in Sarajevo, the Declaration on Constitutional and Other Reforms of Bosnia and Herzegovina on the Path to the European Union and NATO was signed.

The Declaration was initialed by almost thirty entities from the ranks of political organizations, civil society organizations, appellants before the European Court of Human Rights, and representatives of the academic community.

The text of the Declaration is the product of months of discussions held by delegations from HNV, SGV, VKBI, and the Forum of Parliamentarians of BiH 1990 with representatives of political parties, NGOs, appellants before the ECtHR, and the academic community, with the aim of joint action as a social movement offering adequate solutions based on international judgments that are binding for BiH on its Euro-Atlantic path. The Declaration is the product of the support for the Principles for Amendments to the BiH Constitution given by the signatories of the Declaration, as well as almost 63,000 citizens of BiH through the application www.izmjeneustava.com.

One of the goals of the Declaration is the accelerated admission of BiH into the EU, which was warmly supported by the former High Representative for BiH, Christian Schwarz-Schilling.

The crisis situation in the world caused by the aggression of the Russian Federation against Ukraine has certainly opened the space for the necessary urgent action of BiH institutions and representatives of the international community in BiH, the EU, and the USA, in the context of Bosnia and Herzegovina's Euro-Atlantic integration, which would stop the destabilization of the Western Balkans region, and especially Bosnia and Herzegovina, Vijesti.ba reports.

Read the Declaration below:

Starting from the international legal subjectivity, sovereignty, territorial integrity, and independence of the state of Bosnia and Herzegovina, a state of equal citizens and peoples 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 emphasize that Bosnia and Herzegovina's accession to the European Union is a strategic goal;

Confirming the position that the rule of law, which implies the equality of all individuals before the law without exception, achieved through respect and implementation of the Constitution and laws in BiH, and the execution of judgments of international and Bosnian-Herzegovinian courts within the constitutional-legal system of Bosnia and Herzegovina, is both a domestic and international legal obligation;

Acknowledging the premise that Bosnia and Herzegovina should be a state of human, political, ethnic, and religious rights and freedoms, where the rule of law is the fundamental principle, whose social consensus is based on anti-fascism, pluralism, democracy, secularism, responsible and transparent governance, and a decisive fight against systemic corruption and crime;

Considering the exceptional importance of cooperation between political organizations with civil society organizations, institutions, and individuals from the academic community, media, religious communities, individuals from all spheres of public social activity, as well as broad support from the citizens of Bosnia and Herzegovina based on the accepted Principles for Amendments to the Constitution of Bosnia and Herzegovina, as subjects who have the right, responsibility, and obligation in creating and shaping Bosnian-Herzegovinian society and the state of Bosnia and Herzegovina;

We, the undersigned, commit, within the scope of our public activities, as well as through the institutions of Bosnia and Herzegovina, to implement and advocate for the agreed-upon positions and principles set forth in the DECLARATION ON CONSTITUTIONAL AND OTHER REFORMS OF BOSNIA AND HERZEGOVINA ON THE PATH TO THE EUROPEAN UNION AND NATO.

1. The signatories of the Declaration on Constitutional and Other Reforms on the Euro-Atlantic Path of Bosnia and Herzegovina (Declaration) agree to act jointly as a social movement for Bosnia and Herzegovina and a better future for every individual, respecting and not challenging the right of any political organization to its own legal-political subjectivity and action, accepting the participation of civil society organizations and other signatories of the Declaration in the context of their expert and consultative role in the processes of monitoring and implementing the agreed-upon positions and principles in this Declaration.

2. The signatory parties consider that changes to the Constitution of Bosnia and Herzegovina are necessary, in accordance with Article 10, Paragraph 2 of the BiH Constitution, which unequivocally stipulates that any amendments to the BiH Constitution cannot contradict the application of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its supremacy over any other law (Article 2, Point 2 of the BiH Constitution). The Convention was ratified by the state of BiH in the Parliamentary Assembly of BiH (2002) and represents the "constitutional instrument of European public order." Any further delay in the execution of the judgments of the European Court of Human Rights will lead to the exclusion of BiH from the Council of Europe and the permanent cessation of any integration process.

Activities that lead to further ethno-national and territorial divisions of BiH society and the state of BiH are unacceptable, and all changes should be made in the direction of realizing full human rights and freedoms for all citizens and peoples throughout the territory of Bosnia and Herzegovina.

3. Negotiators from BiH, as well as mediators and envoys from the international community, will be informed of the starting points agreed upon in this Declaration, in order to establish the frameworks and principles for all future negotiations.

Negotiations cannot be conducted under any pressure or blackmail, regardless of who they come from, but exclusively 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.

4. All negotiations, discussions, and eventual agreements conducted with domestic and international officials concerning amendments to the Constitution of Bosnia and Herzegovina must be based on, agreed upon, and ultimately initialed by all political organizations that have their representatives and delegates in the Parliamentary Assembly of Bosnia and Herzegovina and are signatories to this Declaration, on the following principles:

a) Execution of final judgments of the European Court of Human Rights on the appeals of Jakob Finci, Dervo Sejdić, Azra Zornić, Ilijaz Pilav, Samir Šljaka, and Svetozar Pudarić, as well as the execution of final judgments of the Constitutional Court and the Court of BiH, in the context of amendments to the BiH Constitution and the Election Law of BiH.

b) A precise and defined list of the rights of peoples in Bosnia and Herzegovina, in 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 opinion of the Venice Commission from 2005 (agree on a mechanism for protecting the "vital national interest").

c) A clearly defined provision on the unacceptability and punishability of denying the crimes of the Holocaust, genocide, and other convicted war crimes, the glorification of convicted war criminals by international and Bosnian-Herzegovinian courts for crimes against humanity and international law, as well as the unacceptability of insulting national collectivities as genocidal or criminal.

d) Ensure the rule of law by establishing an independent judiciary in accordance with democratic standards and systematically ensure the unconditional execution of judgments of BiH and international courts.

e) Define in the Constitution mechanisms for preventing the blocking of the work of the institutions of Bosnia and Herzegovina and other authorities at lower levels, including the institute of early elections.

5. After agreeing on the changes to the BiH Constitution, the reform of the electoral system shall be based on modern democratic standards and in accordance with European values, against further ethnic divisions, taking into account the execution of the judgments of the European Court of Human Rights and the Constitutional Court and the Court of BiH.

6. Agree on and propose clear principles and models that will harmonize the competencies, rights, and obligations of the President/Vice-Presidents in both entities, as well as the competencies and role of the House of Peoples in the FBiH and the Council of Peoples in the RS, in a symmetrical manner, respecting the equal rights of citizens who do not declare themselves as constituent peoples ("others"), taking into account the opinion of the Venice Commission.

The existing legal situation in the FBiH and RS entities prevents the integration and functioning of BiH institutions.

7. For the purpose of implementing the decision of the Constitutional Court of BiH on state property, a proposal for a Law on State Property will be jointly drafted, which must be based on the final judgment of the Constitutional Court of BiH, and which will define state ownership of its property, as well as regulate the rights and obligations of lower levels of government and public institutions/enterprises in the use and disposal of state property.

8. Bosnia and Herzegovina's path to NATO membership is prescribed by Article 84 of the BiH Law on Defense and as such is a legal obligation of all BiH institutions.

9. The signatories of this document welcome the initiative of respected members of the academic community regarding the need to hold a Bosnian-Herzegovinian congress/assembly, which should provide framework guidelines and a document on strategic issues for the future of Bosnia and Herzegovina in the coming period.

Each signatory party will individually declare its potential engagement and participation after the submission of the initiative document by the initiative committee of respected members of the academic community regarding the reasons, goals, and methods of organizing the Bosnian-Herzegovinian congress/assembly.

10. The signatory parties have agreed that the monitoring and oversight of the positions, principles, and implementation of the agreed-upon activities from this Declaration will be carried out by the Council for the Implementation of the Declaration (Council). The Council will consist of members as follows: one representative from each of the political parties signatory to the Declaration, 5 representatives from civil society organizations signatory to the Declaration, 1 representative from ANUBIH, 1 representative from the academic community, and 1 representative from the appellants before the ECtHR. The signatory parties will appoint their representatives within seven days of the signing of this Declaration. A chairperson will be appointed from among the members of the Council, who will be from the civil society organizations, and the method and model of their work will be regulated.

11. Other political and non-governmental organizations can accede to the Declaration by their written statement, as well as representatives/delegates from the Parliamentary Assembly of BiH and representatives from entity parliaments, in their personal capacity, if they are not members of political organizations that are signatories to the Declaration.

12. The signatories of the Declaration undertake to implement all agreed-upon elements in a spirit of togetherness, in good faith, placing the common interests of the state of BiH above any personal and particular interests, Slobodna Bosna reports.