News in English     | 02.04.2021. 18:40 |

BiH Presidency member Željko Komšić sends a "Non-Paper" to Brussels

FENA Press release

SARAJEVO, April 2 (FENA) - The BiH Presidency member Željko Komšić sent a "Non-Paper" to Brussels in which, among other things, he stated that there is currently a new and stronger pressure from Russia on Bosnia and Herzegovina, as a geopolitical point, through threats regarding BiH's further progress towards NATO membership.

He also stated that the role of the European Union is under the significant influence of Croatia "which is trying to project its owninterests through the EU in order to achieve continuous influence over Bosnia and Herzegovina, partricularily through the activities of the HDZ BiH as the sister party to the Croatian Democratic Union - HDZ."

The document states that there are direct influences and interference of neighboring countries, Croatia and Serbia on BiH through the political parties HDZ and SNSD, as well as "systematic distruction of the state institutions of Bosnia and Herzegovina and obstruction of their functioning through through the officials appointed by HDZ and SNSD, through the House the people and the Council of Ministers”.

According to Komšić, the efforts of HDZ and SNSD to "cement the ethnically based politics that escalates into populist totalitarianism" are also present. In particular, through the creation of ethnically pure election units which closely associates with the creation of the 'third entity'. "

He states that there is also "ambiguous and insincere behavior of the European Union Mission in BiH, who are very obviously,  trying to 'give something to Čović' by putting pressure on other political parties and political stakeholders, even though this concerns matters that tdo not constitute a part of the EU policies."

As for what is expected, the document outlines reform of the BiH Constitution in a way that implements all five judgments of the European Court of Human Rights in Strasbourg in the Sejdić-Finci, Zornić, Pilav, Šlaku and Pudarić cases in order to provide equality for all citizens of Bosnia and Herzegovina in all their rights, including political rights.

It is added that the Decision of the Constitutional Court of BiH in the "Ljubić" case has already been implemented, because the disputed provisions of the Election Law of BiH have been repealed, which was resolved by the Central Election Commission by issuing its instructions on the manner of filling the House of Peoples of the Federation of BiH Parliament.

The transition from an ethnic model that carries elements of systemic discrimination and totalitarianism to a civic concept is also expected in order to achieve full democracy.

The document states that within the constitutional reform it is necessary to redefine the competencies of the House of Peoples, so that it is not a legislative body, but a body that only determines whether the ethnic interest of all communities (Bosniaks, Croats, Serbs, Jews, Roma, Slovenes, Italians, Ukrainians, Albanians and all others) has been violated within the scope of 5-7 clearly defined matters. In this way, he believes, all possible blockades of the work of the BiH state institutions would be prevented.

The reform of the BiH Election Law is also expected in such a way that all citizens have the same active and passive voting right, i.e. that all citizens can run for all political positions and that all citizens can vote for all candidates.

Komšić says stronger assistance is expected within NATO integration, "done in such a way in a way that those refusing NATO membership of Bosnia and Herzegovina will not be indulged and the path of BiH towards NATO membership will be accelerated." 

He also underlined establishing the rule of law and restoring trust into the work of judicial institutions through the complete reform of the HJPC by forming three separate bodies: the High Judicial Council, the High Prosecutorial Council and the Office of the Disciplinary Counsel, and the establishment of the Supreme Court of BiH.

He also singled out the negative Russian influence and their narrative of "BiH being a state with two entities and three peoples" and how thy will accept "whatever the three peoples agree upon", which is not a democratic expression and introduces elements of systemic discrimination and instability in functionality of the state institutions of BiH.

Komšić also mentioned the difficulties in the processes so far, noting that "the current context of cooperation between the European Union and the United States is very confusing, regarding reform processes in BiH, such as reforms of the BiH Constitution and the Election Law, in terms of lack of leadership from one or the other side, as well as lack of clear coordination in the reform processes."

It is worrying to see, in his opinion, “the level of servitude of the EU Mission in BiH towards the demands coming from SNSD (Dodik) and HDZ (Čović) in a way that manners are being sought to accommodate their demands even though such demands are not on the line of strengthening state institutions or decision-making for the benefit of all BiH citizens."

On the other hand, there is almost no communication with political parties that advocate the civic concept or equality of all citizens in accordance with the Opinion of the European Commission.

Examples of this are: Dishonest treatment from the EU Mission in BiH regarding civic-oriented proposals for amending the Constitution and the Election Law of BiH; drafting the new Law on Public Procurements of BiH; new set of laws on the reform of the High Judicial and Prosecutorial Council through passing the Law on Judicial Council, the Law on Prosecutorial Council and the Law on the Office of the Disciplinary Counsel, where the EU Mission had requested the prospoer of the laws from the Parliamentary Assembly of BiH to withdraw and give up on those proposals, attempting to get diferent law proposals from HDZ BiH, which, ultimately, HDZ BiH did not provide through their officials. 

Komšić also pointed to "indulging the HDZ (Čović) regarding amendments to the BiH Election Law, which the EU Mission in BiH has been continuously doing, in the sense that other BiH political parties are being asked to accept this as something normal, but which is something that the Hague Tribunal has identified as a joint criminal enterprise, or the creation of ethnically clean territories (election units) through which the official Zagreb would, through its sister party (HDZ Croatia - HDZ BiH), have a permanent control and influence over the decision making processes in Bosnia and Herzegovina. 

He also singled out the "indecisivenes of the EU Mission in BiH in various issues not determined by the Dayton Peace Agreement or focused on correcting the Accords ifor the benefit of ethnic politics forcing the totalitarian system of governance to the detriment of democracy, human rights and fundamental freedoms of all BiH citizens since democracy, human rights and fundamental freedoms are the pillars of the European Union."

The document states that everything that the EU Mission in BiH has been doing is creating an atmosphere which is conveying that they only care about statistical indicators that the job has been done in order to report it to the European Union headquarters in Brussels, without actually getting into the core and the content of the reform activities that quite often are not in the interest of the citizens of Bosnia and Herzegovina.   

At the end of this "non-paper", Komšić highlights the growing Russian influence in BiH, through rhetoric and active engagement towards specific political actors, which cannot be resolved in a quality manner without a more active engagement of EU officials from Brussels, in order to unlock the reform processes.

(FENA) S. R.

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