PIC Conclusions: Russia continues to support RS, backs referendum and disrespect for the BiH Constitutional Court

The Steering Board of the Peace Implementation Council (PIC) held a two-day meeting in Sarajevo and adopted a list of conclusions, which the Patria agency transmits in full.

1. The Steering Board of the Peace Implementation Council (PIC) at the level of political directors met in Sarajevo on December 1 and 2, 2015, to review the progress made in implementing the General Framework Agreement for Peace. They reaffirmed their firm commitment to a stable, secure, and prosperous Bosnia and Herzegovina (BiH), as well as respect for and support of the Peace Agreement.

2. The PIC Steering Board expresses its full solidarity with the citizens of Bosnia and Herzegovina, France, Russia, Turkey, and other countries affected by recent terrorist attacks, as these countries mourn and grieve for their citizens, and strongly condemned these attacks. The PIC Steering Board expressed its sincere condolences to the families and friends of those who lost their lives and hope for a speedy recovery for those injured in the attacks. The Steering Board supports all competent authorities in Bosnia and Herzegovina in the fight against terrorism, the prosecution of those involved in terrorist activities, the prevention of radicalization, and the strengthening of cooperation among authorities within BiH, as well as with other countries in this area.

3. The PIC Steering Board expressed its gratitude and support for the commitment and sustained efforts of BiH leaders in achieving further significant progress in reforms, including those necessary for progress on the path of European integration. In a meeting with the Presidency of BiH, the PIC Steering Board was encouraged by the fact that the members of the Presidency remain firmly committed to achieving further progress in implementing the Reform Agenda. The PIC Steering Board was encouraged by the fact that the members of the Presidency are still strongly committed to achieving further progress in implementing the BiH Reform Agenda. It also called on BiH authorities to maintain positive momentum in implementing the necessary reforms – socio-economic, rule of law, justice, and public administration – in line with citizens' demands and in cooperation with civil society.

4. The PIC Steering Board welcomed the strengthening of regional cooperation at various bilateral and multilateral levels, aimed at sustainable reconciliation, stronger mutual understanding, improved opportunities for economic development, and the development of cultural ties. This cooperation included the visit of the Presidency of BiH to Belgrade, the signing of a border agreement between BiH and the Republic of Montenegro, a joint meeting of the Council of Ministers of BiH and the Government of the Republic of Serbia in Sarajevo, and gestures of reconciliation by the Prime Minister of the Republic of Serbia during the Investment and Development Conference.

5. The PIC Steering Board emphasized the importance of education for reconciliation and mutual understanding in Bosnia and Herzegovina as a foundation for sustainable peace and stability and for socio-economic progress. The Steering Board highlighted the need for competent authorities at all levels throughout BiH to achieve urgent and decisive progress in the area of education reform, with the aim of improving educational standards based on principles that include the absence of discrimination, politicization, segregation, and the presence of inclusivity. This should also include the Republika Srpska and the Federation of BiH, which will ensure appropriate teaching of the national group of subjects and teacher training for inclusive education in the context of social and cultural diversity. Regarding the issue of the Bosnian language, the PIC Steering Board supports the OSCE as the leading international agency on this issue, recalling the request from the letter of October 7 addressed to the National Assembly of the RS, which calls for it to reconsider its position. The practice of having "two schools under one roof" must be abolished in the Federation.

6. During its discussions, the PIC Steering Board specifically addressed the 20th anniversary of the General Framework Agreement for Peace (GFAP), initialed in Dayton on November 21, 1995, and signed in Paris on December 14, 1995. The PIC Steering Board emphasized the positive changes that have occurred in BiH since then. The PIC Steering Board called on all authorities in BiH to continue efforts aimed at building a democratic and functional state, acting on the rule of law and in accordance with the Peace Agreement. Recalling its actions over the past 20 years, the PIC Steering Board emphasized that human dignity, freedom, equality, peace, justice, tolerance, and reconciliation, as integral parts of the Peace Agreement, continue to play a central role for the future of BiH and the lasting stability of the entire region.

7. The PIC Steering Board expressed special congratulations to Bosnia and Herzegovina on the tenth anniversary of the formation of the Armed Forces of Bosnia and Herzegovina. The PIC Steering Board praised the members of the Armed Forces of BiH for their professionalism and sense of responsibility demonstrated through the exceptionally successful performance of tasks and duties in providing assistance and rescue operations during the 2014 floods and in successful participation in international missions.

8. The PIC Steering Board emphasized its unequivocal commitment to preserving the territorial integrity and sovereignty of BiH in accordance with international law. According to the Peace Agreement, entities do not have the right to secede from Bosnia and Herzegovina and legally exist only on the basis of the BiH Constitution. The BiH Steering Board confirmed that any attempt to threaten the fundamental structure of BiH as a single, sovereign state composed of two entities would be considered a serious and immediate threat to peace and security. The PIC Steering Board also recalled that any change to the BiH Constitution must be carried out in accordance with the procedure for adopting constitutional amendments provided for by the Constitution and emphasized that, in accordance with several successive UN Security Council resolutions, member states remain prepared to use all necessary means to ensure compliance with Annex 1-A and Annex 2 of the Peace Agreement.

9. The PIC Steering Board calls on all political forces in BiH to do everything in their power to find an appropriate way to strengthen the independence and impartiality of the judicial system in BiH at all levels, within the constitutional framework. The PIC Steering Board calls on all competent authorities to use the Structured Dialogue on Justice to resolve all issues in the area of justice.

Conclusions 10 and 11 were not supported by the Russian Federation.

10. The PIC Steering Board once again emphasized its concern over the continuous challenges to the provisions of the Peace Agreement, particularly Annex 4, i.e., the BiH Constitution. In this regard, the PIC Steering Board unequivocally emphasized that the announced referendum in the Republika Srpska would constitute a fundamental violation of the Peace Agreement and a challenge to the coherence, sovereignty, and territorial integrity of BiH. The PIC Steering Board emphasized that issues related to state judicial institutions are constitutional competencies of the state and are not part of the constitutional competencies of the entities, and that the status and powers of the High Representative are issues arising from the Peace Agreement and international law, and therefore are not matters within the jurisdiction of the entities. Furthermore, the planned referendum distracts from the implementation of the Reform Agenda.

11. The PIC Steering Board reiterated that the Constitutional Court of BiH is an integral part of Annex 4 of the General Framework Agreement for Peace in BiH and is key to its implementation. The BiH Constitution explicitly states that the Court's decisions are final and binding. Political disagreements should be resolved within the existing constitutional framework and, where possible, through constructive dialogue. The Steering Board further reminded BiH authorities of their obligation to implement all unimplemented decisions of the Court.

12. The PIC Steering Board further reminded the authorities in BiH of their obligation to establish an electoral system for Mostar, as stipulated by the Constitutional Court's decision, which remains unimplemented. It underscored the key principle, reaffirmed by political parties, that Mostar must remain a single, coherent, multi-ethnic unit of local self-government, with a certain level of local powers/administration below the city level.

13. NATO member states of the PIC Steering Board and Japan welcomed the continuous progress made in the process of registering prospective military property as state property of BiH, as foreseen by the BiH Law on Defense. They expressed full support for all competent institutions in the registration process and in activating NATO's Membership Action Plan.

14. The PIC Steering Board emphasized its full support for the High Representative, who will continue to ensure full respect for the General Framework Agreement for Peace and implement his mandate in accordance with Annex 10 and relevant UN Security Council resolutions, which remain unchanged. The PIC Steering Board reminded all parties of their obligation to fully respect the General Framework Agreement for Peace, all its annexes, and the decisions of the High Representative. It underscored that the international community retains the necessary instruments to ensure the implementation of the General Framework Agreement for Peace.

15. The PIC Steering Board emphasized the need to ensure the full implementation of the 5+2 program, which remains necessary for the closure of the Office of the High Representative.

16. The PIC Steering Board will hold its next session in Sarajevo on June 7 and 8, 2016.