PIC Conclusions: What SDA and HDZ BiH are obliged to do

Political Directors of the Peace Implementation Council (PIC) Steering Board met in Sarajevo on December 6 and 7 to review the process of implementing the General Framework Agreement for Peace, which remains the basis for a stable, secure, and prosperous Bosnia and Herzegovina (BiH). Conclusions were adopted:

- The PIC Steering Board reminded all parties of their obligation to fully respect the Peace Agreement, all its annexes, and the decisions of the High Representative. It reiterated its unequivocal commitment to the territorial integrity and fundamental structure of BiH as a single, sovereign state consisting of two entities. The PIC Steering Board once again stated that the entities have no right to secede from BiH and that they legally exist only on the basis of the BiH Constitution. The PIC 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 PIC Steering Board reiterated its full support for the High Representative in ensuring full respect for the Peace Agreement and in carrying out the mandate from Annex 10 and relevant UN Security Council resolutions, which remains the same. It stressed that the international community retains the necessary mechanisms to support the implementation of the Peace Agreement. The PIC Steering Board emphasized the need for the "5+2" agenda to be fully implemented, which remains a prerequisite for closing the Office of the High Representative.

The PIC Steering Board reviewed the current developments in BiH since its last meeting on June 7 and 8, 2016, and specifically noted the following:

The PIC Steering Board took note that the BiH Constitutional Court annulled the results of the referendum on Republika Srpska Day, as it was conducted based on a decision that the Court found to be inconsistent with the BiH Constitution and contrary to the Court's order issued as a temporary measure. The PIC Steering Board called for full respect for the relevant decision of the BiH Constitutional Court on the RS Holidays Law. They also underlined the need to respect the rule of law and the authority of all state-level institutions. (The Russian Federation does not agree with this paragraph).

The PIC Steering Board appealed to all BiH leaders to contribute to political stability by resolving disagreements through dialogue. State powers must not be undermined, and entity competencies should continue to be fully respected. The PIC Steering Board called on all authorities to ensure the proper functioning of institutions at all levels, including those responsible for upholding the rule of law. The PIC Steering Board specifically appealed to the responsible political leaders in the FBiH to unblock the work of the Parliament of the Federation, whose houses have had few sessions since July, and which must not be held hostage by the lack of consensus on certain legislative proposals.

The PIC Steering Board noted the progress BiH has made in its aspirations towards the EU, confirmed in September 2016 by the decision of the Council of the European Union to invite the European Commission to submit an opinion on Bosnia and Herzegovina's membership application. In this context, the Council welcomed the agreement on the Coordination Mechanism. The PIC Steering Board called on the leadership in BiH to accelerate the implementation of the Reform Agenda – socio-economic reforms, reforms in the rule of law, judiciary, and public administration – as already agreed upon in the EU Integration Commitment. The aim of these measures is to improve the lives of BiH citizens and help them, among other things, achieve their long-standing aspirations for EU membership.

The PIC Steering Board also addressed the election results announced by the Central Election Commission on November 2. The PIC Steering Board expressed regret over the suspension of the election process in Stolac. Electoral irregularities and intimidation are unacceptable, and the competent institutions must investigate and prosecute those responsible. The PIC Steering Board called on the Central Election Commission to decide on holding new elections in Stolac without further delay. The PIC Steering Board also called on the elected representatives in those municipalities and cities across BiH where authorities have not yet been constituted to do so in accordance with the law. It calls on all municipal authorities to act in the interest of all citizens, regardless of their ethnic or religious affiliation.

The PIC Steering Board expressed deep regret that political parties have failed to fulfill their obligations regarding the implementation of the BiH Constitutional Court's decision on the electoral system in Mostar for the past six years. The PIC Steering Board called on all parties, especially SDA and HDZ BiH, to reach a compromise and enable voters in Mostar to exercise their fundamental right to vote. The PIC Steering Board reaffirmed its principle that the city of Mostar must remain a single, coherent, multi-ethnic unit of local self-government, with a certain level of local authority/administration below the city level.  

The PIC Steering Board issued a strong appeal to all political, social, and religious leaders in BiH to promote mutual understanding and tolerance and to refrain from implementing negative and divisive policies, as well as actions and rhetoric that lead in that direction, and historical revisionism and provocative use of symbols, which can have the effect of radicalizing individuals and communities. It is especially completely inappropriate for anyone, especially leaders and institutions, to praise, glorify, or award war criminals or fascist ideology from World War II. Genocide, war crimes, and crimes against humanity must not be forgotten or denied. The PIC Steering Board encouraged all leaders to take steps together to support the independent work of judicial institutions dealing with war crimes and punishing those responsible, and to promote intensified cooperation between the judicial institutions of the countries in the region.  

The PIC Steering Board expressed concern regarding the threats of radicalism and extremism in BiH, including the financing of terrorism. Welcoming the efforts of BiH authorities in combating radicalism and terrorism, the PIC Steering Board encouraged the competent authorities in BiH at all levels to continue their efforts in combating these threats through improved coordination and full cooperation, both internally and with the international community, and to take the necessary legislative and regulatory steps required by the Financial Action Task Force.

The PIC Steering Board emphasized that education is of paramount importance for reconciliation, sustainable peace, and economic development. It called on the authorities in BiH to resolutely continue working on education reform aimed at improving educational standards to meet the demands of the 21st-century labor market, based on the principles of depoliticization, non-discrimination, non-segregation, and inclusivity.

NATO member states and Japan congratulated the authorities of Bosnia and Herzegovina on the completion of the Defense Review and called on them to proceed with its implementation. They expressed their full support for all competent authorities within the process of military property registration and urged them to intensify their efforts towards activating the NATO Membership Action Plan, in accordance with the official request submitted by the BiH Presidency in 2009 and the 2006 Defense Law. NATO member states and Japan recalled the 2012 Constitutional Court decision, according to which prospective military property, along with other state property, belongs to the state, and called on the authorities of Republika Srpska to allow, or rather not to postpone, the registration of such property located in the territory of Republika Srpska. They expressed their concern regarding the refusal of Republika Srpska authorities to comply with the decision made by the BiH Court in the case concerning prospective property located in Han Pijesak ("Veliki Žep").

The PIC Steering Board met with representatives of civil society to discuss, among other things, the widespread corruption in BiH, which remains a serious problem hindering the country's social, economic, and political development. The PIC Steering Board once again called on BiH leaders and competent authorities to redouble their efforts aimed at protecting and promoting the rule of law and preventing and combating organized crime and corruption in BiH. The PIC Steering Board once again emphasized its full support for the development of independent, effective, impartial, and professional judicial and prosecutorial institutions and law enforcement agencies throughout BiH. The PIC Steering Board appealed to these institutions to investigate and prosecute cases of corruption, especially at high levels of government, and to enforce court decisions at all levels without delay.

The PIC Steering Board will hold its next meeting in Sarajevo on June 6 and 7, 2017.