SDA Main Board Conclusions: Dodik's response must be decisive and concrete

(Patria) - The Main Board of the Party of Democratic Action (SDA) today adopted a series of conclusions sharply condemning the anti-constitutional actions of SNSD.

1. The SDA Main Board sharply condemns the anti-constitutional actions of SNSD. The Declaration on Constitutional Principles and the conclusions adopted by the National Assembly of Republika Srpska (NSRS) at its 24th special session represent a direct attack on the constitutional and legal order of BiH and the Dayton Peace Agreement, and thus on peace itself. These are activities that are contrary to the Constitution of BiH and its laws, and contain elements of criminal offenses under the Criminal Code of BiH.

2. The SDA Main Board calls on the BiH Prosecutor's Office to immediately take steps within its jurisdiction and urgently prosecute the responsible persons who participated in the proposal and adoption of unconstitutional and illegal documents and conclusions of the NSRS.

3. The SDA Main Board calls on the High Representative in BiH to, in accordance with his mandate, annul the Declaration on Constitutional Principles and the conclusions of the NSRS from the 24th special session.

4. The SDA Main Board tasks SDA officials, who are authorized by the Constitution to initiate proceedings, to initiate procedures before the Constitutional Court of BiH to challenge the implemented activities and adopted acts of the NSRS.

5. The SDA Main Board calls on the witnesses-guarantors of the Dayton Peace Agreement, the members of the Peace Implementation Council (PIC) and the Office of the High Representative (OHR) to fulfill their commitments and take decisive steps to preserve stability and peace. Retreating in the face of Milorad Dodik's political bullying, whose policies are gradually leading BiH and the region into conflict, can have unforeseeable consequences. The response must be decisive and concrete, including precise sanctions against Dodik and his associates.

6. The SDA Main Board believes that due to the situation in the country and the expressed threats to stability and peace caused by Milorad Dodik's policies, NATO forces and EUFOR should, in accordance with their mandates, increase their presence in Bosnia and Herzegovina, especially in the area of Brčko District of BiH.

7. The SDA Main Board welcomes the efforts of deputies from the Group of Friends of Bosnia and Herzegovina in the European Parliament, which have resulted in a series of initiatives that precisely identify the responsibility of the RS entity authorities for the crisis in Bosnia and Herzegovina, and emphasizes that regarding limited constitutional and electoral reforms, the judgments of the European Court of Human Rights must be strictly respected.

8. The SDA Main Board welcomes the resolution on Bosnia and Herzegovina passed by the Dutch Parliament, the messages from special sessions of both houses of the British Parliament, and the increased engagement of the USA. We also welcome the strong messages from the governments of Germany, the Netherlands, and other countries at joint sessions of the EU Council, which, instead of unfounded equalization of "all sides," clearly identified those responsible for the crisis.

9. The SDA Main Board calls for unity and a coordinated approach of pro-Bosnian bloc parties in opposing attacks on the constitutional and legal order of BiH, as well as in formulating common positions on constitutional and electoral law reform. We hope that the "Trojka" parties will recognize the fateful significance of issues on which there should be no difference between the government and the opposition.

10. The SDA Main Board gives full support to President Bakir Izetbegović and his team in their ongoing talks on constitutional and electoral law reforms. We remain committed to the principles that all judgments of the European Court of Human Rights and the Constitutional Court of BiH must be fully implemented to remove discriminatory provisions, which includes, among other things, deleting the ethnic prefix for members of the BiH Presidency; that solutions in the entities must not be asymmetrical; that the structure, jurisdiction, and method of electing delegates to the House of Peoples of the BiH Parliament be regulated in the manner proposed in the "April Package"; that the jurisdiction of the House of Peoples of the FBiH be exclusively limited to issues of protecting vital national interests as stated in the Constitution of the FBiH; that mechanisms be defined to prevent blockades witnessed in this mandate; and that the integrity of the electoral process be strengthened by introducing information technologies (scanners, video cameras, electronic voter identification) by resolving issues of voter list accuracy, the mechanism for appointing and training members of polling station committees, and other matters in accordance with OSCE/ODIHR recommendations.

11. The SDA Main Board welcomes the decision of international mediators from the US and EU to temporarily postpone talks on constitutional reform in BiH and electoral legislation until the crisis with the blockade of state institutions and attacks on the constitutional and legal order of BiH is resolved. We fully share the position of the US Embassy and the EU Delegation that maximalist proposals, which are not based on international and EU standards and do not have support in Parliament or society, must be abandoned in discussions on constitutional and electoral law amendments. We emphasize that a solution can be found on the basis of compromise and balanced principles advocated by the SDA, while resolving all issues of interest to political entities in a package – the BiH Presidency, Houses of Peoples, and transparency and integrity of elections. We believe that in the continuation of the talks, a solution cannot be sought in a reduced SDA-HDZ format, but rather that representatives of all parliamentary parties must sit at the same table, of course within the institutions of BiH.

12. The SDA Main Board calls on the HDZ to abandon its maximalist demands, which international mediators are also warning about. We are committed to the principle that, while respecting the rights of all citizens, each of the peoples in BiH, in accordance with the Constitution of BiH, has the right to be represented and to protect its vital national interest, but that no one has the right to prevent the implementation of election results by blocking the formation of the FBiH Government, blocking the appointment to the Constitutional Court of FBiH, and keeping dozens of laws and other important acts pending in the House of Peoples of FBiH.

13. The SDA Main Board demands the immediate unblocking of processes in the House of Peoples of FBiH. The Croat Caucus in the House of Peoples of the FBiH Parliament, which is overwhelmingly composed of HDZ cadres, rejects laws and other documents adopted by the House of Representatives or simply refuses to consider them. Currently, there are 37 draft laws and proposals pending in the House of Peoples that were adopted by the House of Representatives, and all of them are on hold. There are also 48 amendments to laws initiated by the delegates themselves in the House of Peoples. About ten draft laws and proposals remain from the previous mandate. In total, almost 100 draft laws or amendments are stalled in the House of Peoples. As many as 258 reports from federal institutions, accepted by the House of Representatives, are awaiting adoption, along with dozens of information and other acts... There is no rational explanation for obstructing the adoption of even these less important acts than laws. All of the above clearly indicates a deliberate obstruction and yet another blockade in the functioning of the Federation.

14. The SDA Main Board rejects the HDZ's false claims that all Croats vote for parties gathered around HNS, and that only Bosniaks vote for parties from the pro-Bosnian bloc. The 2018 election results show that the pro-Bosnian bloc won over 800,000 votes, among which, considering the national composition of voters, there must be at least 200,000 votes from Croats, Serbs, and Others. This multi-ethnic component has the same or stronger voter support than the parties gathered around HNS.

15. The SDA Main Board insists on the full implementation of amendments to the Criminal Code of BiH on the prohibition of denying genocide, crimes against humanity, or war crimes established by final court rulings, which were enacted by the High Representative, and expects judicial institutions to strictly enforce them. We call on parliamentarians from the RS entity to propose amendments to the Criminal Code in the BiH Parliament consistent with the OHR's decision, with possible additions related to World War II crimes, thereby removing the reasons for blocking institutions.

16. The SDA Main Board supports the OHR's call to adopt a Law on State Property in the BiH Parliament. SDA will support a Law that is in line with the rulings of the Constitutional Court of BiH, which designate the state as the exclusive owner of property. We welcome the activities undertaken in this regard by SDA legal team members Dr. Dževad Mahmutović and Mr. Alma Čolo, following the earlier appeal of the late SDA president Sulejman Tihić.

17. The SDA Main Board rejects speculation that resolving the issue of state property will create conditions for closing the Office of the High Representative. The OHR must remain fully functional as established by the Dayton Agreement until the fulfillment of five objectives and two conditions, known as the 5+2 Agenda, which will not be achieved by merely resolving the issue of state property. The most important condition of this Agenda, which is a Positive Assessment of the Situation in BiH by the Steering Board of the Peace Implementation Council based on full respect for the Dayton Peace Agreement, has never been less fulfilled, considering the actions and policies of SNSD.

18. The SDA Main Board welcomes and supports the joint appearance of pro-Bosnian parties in the 2022 general elections with the aim of improving election results and strengthening political influence in realizing the rights and interests of returnees to the RS entity.

19. The SDA Main Board welcomes the measures of the Government of the Federation of BiH that have stabilized economic conditions and neutralized the negative effects caused by the coronavirus pandemic.

20. The SDA Main Board calls on the Parliament of the Federation of Bosnia and Herzegovina to urgently adopt the Bill on Amendments to the Law on Contributions and related laws. With the reduction of total contributions and a series of other positive effects, the adoption of these legal solutions will enable the FBiH Government to adopt a new decree on the minimum wage. Currently, the minimum wage of 406 KM is unacceptably low and must be urgently increased, at least to 700 KM. The adoption of the Law on Contributions and related laws will create key prerequisites for improving the status of workers, as well as improving the overall business environment in the FBiH.

21. The SDA Main Board tasks the Government of the Federation of BiH to carefully monitor the growth of retail prices in the Federation of BiH, and to intervene in a timely manner within its competencies with measures that can contribute to reducing the prices of basic food products.

22. The SDA Main Board welcomes the implementation of the conclusion from the 3rd session, which requested the Government of the Federation of BiH to ensure the payment of one-time financial assistance to pensioners with lower pensions. We call on the FBiH Government to continue this practice within its financial capabilities.

23. The SDA Main Board tasks SDA officials to, in accordance with valid laws, ensure the formation and registration of a fund from which funds would be used for lobbying abroad for the interests of Bosnia and Herzegovina as a stable, modern state based on the rule of law. We call on all SDA cadres, as well as institutions, businessmen, and other individuals, to provide funds for its operation once the fund is established. The initial funds for the fund should come from the federal and cantonal budgets, and SDA cadres are tasked with initiating the allocation of funds for these purposes in the budgets.

24. The SDA Main Board welcomes the activities of President Izetbegović and the SDA leadership carried out in the BiH diaspora. We believe that visits and direct contact with emigrants should be intensified at all levels to ensure more systematic state care for this population and to improve economic, cultural, and all other forms of cooperation between the diaspora and the homeland. We call on BiH citizens in emigration, especially those who exercise their right to vote in the RS entity, to register en masse and vote for the joint list of pro-Bosnian parties in the upcoming elections. Mass support for these parties can decisively change political relations in BiH, especially in the RS entity.

25. The SDA Main Board gives full support to the initiative to direct 1.5 percent of the Federation of BiH budget through a special law to complete the implementation of Annex 7 of the Dayton Peace Agreement. SDA representatives in the Government and Parliament of FBiH are tasked with preparing the legal framework and concrete programs for the realization of this initiative.