Mister President,
Ladies and Gentlemen, Members of the Parliamentary Assembly of the Council of Europe
At the beginning of my speech, allow me to thank you for the opportunity to address the Parliamentary Assembly in the year when Bosnia and Herzegovina is celebrating its 20th anniversary of entry into the Council of Europe. Also, allow me to use modern technologies as a means of addressing you, so that we can respect all measures set in place due to the new wave of this increasing infection with the COVID-19 virus. However, this will certainly not affect this opportunity to present to you the current socio-political situation in my country, Bosnia and Herzegovina.
Of
course, I will give my presentation through a special prism of those Council of
Europe fundamental values, that I personally continuously advocate in my work,
and which, I am sure, the citizens of Bosnia and Herzegovina wish to see
embedded in our country's political and
social system.
Therefore,
at the very beginning of my address, I will briefly review the main principles
established during the founding of the Council of Europe in 1949, namely:
protection of human rights, multiparty parliamentary democracy and rule of law,
spreading awareness of European identity, conclusion of specific international
treaties, securing continent's unity, finding solutions to social problems in
Europe.
The
reason behind these goals is understandable after the end of World War II. In the
war-ravaged Europe, many countries were in the process of transition towards
the fundamental principles of liberal democracy, and, at the time, that was not
an easy task.
The
context of the time, especially that of geopolitical nature, led to the
creation of two poles, of a distinctly ideological nature, one turned towards
liberal democracy and market economy, and the other towards communist doctrine
and centralized economy. A bipolar world order was created on the global level,
which lasted for almost five decades, until the fall of the Berlin Wall, when a
whole series of transition processes began in various European countries.
Today,
however, we have utterly different geopolitical relations in the world, based
on a multi-polar world order and global powers' interests development, which
are produced and manifested in different countries of the world. In such
circumstances, there is a number of countries that have not completed their
transition processes, in accordance with the principles of liberal democracy
and market economy, which makes them an "easy prey" for various
geopolitical interests of big players.
My
country, Bosnia and Herzegovina, is a country with a tradition spanning for
almost a thousand years, and, at different points in time, it had its own
different internal arrangements. At one point in history, Bosnia was a kingdom
lasting for several centuries, and, at that time, given the size of its territory,
it was the largest country in this region. After that, there had been conquests
of Bosnia and Herzegovina by various kingdoms and empires, bringing their
culture, customs and religion, and incorporating them into the social system of
my country. Still, Bosnia and Herzegovina has survived and outlived such kingdoms
and empires.
During
the World War II, the citizens of Bosnia and Herzegovina had joined the
anti-fascist movement en masse, participating on the side of those
forces that fought against Fascism and Nazism. At the same time, they also made
the decision to restore our statehood and join the former Yugoslavia, together
with other former republics. Bosnia and Herzegovina's participation in the
former Yugoslavia lasted until March 1992, when the citizens decided, in a
referendum, to make Bosnia and Herzegovina a sovereign and independent state. That
same year, the Constitution of the Republic of Bosnia and Herzegovina was
adopted as a democratic expression of its citizens, which had already contained
the basic principles of liberal democracy and market economy, principles identical
to those embedded in the foundations of the Council of Europe. Bosnia and
Herzegovina became a member of the United Nations in May 1992, thus gaining the
status of a subject of international law.
In
these aforementioned time periods, Bosnia and Herzegovina was never a country
of divided or segmented society, nor has there been any form of discrimination
against its citizens.
However,
the declaration of independence of Bosnia and Herzegovina led to an aggressive
reaction of the neighbouring countries, which, in the period of war from 1992
to 1995, during the aggression against my country, sought to obliterate any
existence of Bosnia and Herzegovina and claim parts of its territory through
war and conquest.
Such
war activities have led to unprecedented horrors, escalating to committing
crimes of genocide, war crimes, crimes against humanity and ethnic cleansing.
All these elements, which I have mentioned, were
determined in the judgments by the International Criminal Tribunal for the
Former Yugoslavia, based in The Hague. The judgements have established the existence of
several joint criminal enterprises, involving individuals and groups from Bosnia
and Herzegovina, as well as those from neighbouring countries, aimed at
establishing ethnically clean territories in order to annex such “cleansed”
territories to those neighbouring countries.
The
reason I speak of this is because, in the second part of my presentation, I
will clearly point out that such policies are still present in Bosnia and
Herzegovina today, but the method of war conquest has been replaced with
political and diplomatic means, that is, there are some who are still trying to
implement their war goals in peacetime.
The
war in Bosnia and Herzegovina ended with the signing of the General Framework
Agreement for Peace, which was initialled in Dayton and signed in Paris in
1995. It was signed by the Republic of Bosnia and Herzegovina, the Republic of
Croatia and the Federal Republic of Yugoslavia (whose legal successor is
today's Serbia), or, as clearly stated in the international law - the peace
agreement is usually signed by participants of the war.
This
removes any sort of a dilemma that there was a civil war in Bosnia and
Herzegovina, because it was an interstate armed conflict, as established, among
other things, by the International Court of Justice in The Hague in several of
its judgments.
An
integral part of this Agreement, colloquially called the Dayton Agreement, is
the Constitution of Bosnia and Herzegovina, as its Annex 4. So, it is obviously
an imposed constitution, and not an expression of the democratic will of the
citizens of Bosnia and Herzegovina. Rather, it is a document that is a part of
a peace agreement. It defines Bosnia and Herzegovina as a country with two
entities and one district, with different ethnic communities.
In
that Constitution, which we must all respect, many open questions and
ambiguities remain, leaving a lot of room for various arbitrary
interpretations, most often inspired by particular interests of different
political elites, both in Bosnia and Herzegovina and in the neighbouring
countries.
This
Constitution has established a new political system in Bosnia and Herzegovina,
that was to evolve according to democratic standards and values, such as those
contained in the goals of the Council of Europe. Unfortunately, that never
happened.
In
contrast, active ethnic politics in Bosnia and Herzegovina have sought, and
still do, to create an artificially divided society dominated by ethnic
affiliation as the only valid licence for political action. Although the
European Convention on Human Rights and Fundamental Freedoms is an integral
part of the Constitution of Bosnia and Herzegovina, I must point out here that
it is, unfortunately, under-implemented in Bosnia and Herzegovina.
Their
reason for such ambitions lies in that unfortunate term of "constituent"
which is mentioned in the Constitution of Bosnia and Herzegovina, but the
Constitution contains no legal elaboration or statement or determination of
what that actually means.
That
is why a new legal practice has emerged, one I consider highly dangerous, and
that is to achieve various political goals through the use of the term "constituent",
in which domestic political actors participate, with visible political support
from neighbouring countries. In such, as I see it, wrong political and legal
practice, one's ethnicity becomes a conditio sine qua non for any form
of political activity, which goes as far as that one cannot even get a job if one
is not of the appropriate ethnicity. Isn't that a visible form of systemic
discrimination, which unfortunately exists in my country?
As
a legalist, here, I can freely say that the term "constituent" is
actually the source of systemic discrimination in Bosnia and Herzegovina, which
has been established in five judgments of the European Court of Human Rights in
Strasbourg, listed chronologically hereafter: Sejdic-Finci, Zornić, Pilav,
Šlaku and Pudarić. These judgments have clearly established the existence of discrimination
based on ethnicity and place of residence, and ordered the respondent, ie. the State
of Bosnia and Herzegovina, to make the necessary changes to its Constitution,
from which all elements of discrimination must be removed. Unfortunately, that
never happened.
If
we look at what was stated in the Sejdić-Finci judgment, then we will see that
ethnic discrimination is a derivative of racial discrimination. Do we need
something like that in today's Europe and in the modern liberal democratic
order? That is a question for all of us, not just for Bosnia and Herzegovina.
I
am absolutely certain we will all agree that we do not need such legal or even
constitutional frameworks and that we must, all together, make effort to combat
all forms of discrimination.
There
is a part form the Zornić Case judgement that is particularly interesting. It
clearly states that Bosnia and Herzegovina does not have full democracy, but
limited or restricted democracy through the distribution of political power between
ethnic communities, which in my country are called "constituent
peoples." This lack of full democracy is, in fact, in stark contrast to
one of the fundamental goals of the Council of Europe.
That is why the Zornić judgement orders Bosnia and
Herzegovina to change its Constitution to enable the realization of full
democracy in which there will be the necessary equality of every citizen of my
country. This is a very important issue.
How
else can we achieve the rule of law or organize a law based state, if all
citizens of any country, including Bosnia and Herzegovina, without exceptions,
are not equal before the law?
How
can we achieve liberal democracy, at the core of which is the struggle of
equality against all forms of inequality, if we know that in Bosnia and
Herzegovina the imposition of a system of inequality is being politically
forced?
Then
it is certainly not a liberal democracy, and I find that unacceptable.
It
is obvious that the current political system in Bosnia and Herzegovina, based
on ethnicity, is creating three parallel totalitarian systems, based on the
affiliation to one of the three ethnic communities, which they seeks to govern
in an autocratic way.
In
such a system, through ethnic communities’ affiliation, as an expression of
ethnic politics’ exclusivity, there are efforts to rule over resources, jobs,
tenders, public procurements, all kinds of privileges, profits or gains, which
clearly creates an environment for corruption of unimaginable proportions.
After 26 years of the Dayton Accords, instead of evolving the political system
of Bosnia and Herzegovina into one based on democracy and the rule of law, my
country is moving down a regressive path. While pushing this country backwards
and away from democracy, there are efforts to maintain and even strengthen the
ethnic political system that generates corruption in all parts of society,
through the use of ethnic politics and manipulating with fear the members of
different ethnic communities.
It
is important to underline that such ethnic politics in Bosnia and Herzegovina
reach for the emotions and empathy within their communities once all other
tools for ruling over their ethnic communities have been exhausted. They do so by
instigating fear that, ultimately, forms a system conducive to corruption and
denial of the rule of law. I believe we share the same opinion; such a
political system has no place in modern Europe.
Allow
me to use this opportunity to address, in a few sentences, the different ideas
of those who seek to maintain the principle of inequality in Bosnia and
Herzegovina, who propose the introduction of consociational democracy, by
allegedly copying the political systems of Belgium, Switzerland, Northern
Ireland or South Tyrol. There are at least two problems here. First,
consociational democracy is not the same as liberal democracy, and it does not
exist in the aforementioned countries or in parts of other countries, in the
way that it was imagined.
Such
countries or parts of specific countries have a completely different historical
context from Bosnia and Herzegovina, and those political systems are simply not
compatible with my country.
The
second problem is that the possible introduction of consociational democracy to
Bosnia and Herzegovina would certainly lead to new proceedings before the
European Court of Human Rights, because this type of political model is based
on inequality and annulment of fundamental principles of liberal democracy, regardless
of the fact that it contains elements of proportional representation as one of
its principles. Using such long-outdated political models in Bosnia and
Herzegovina would certainly be a step backwards.
Such
politics go as far as to deny the existence of the Bosnian and Herzegovinian
nation, a country that has existed for almost a thousand years. They wish to
portray every expression of nationality through the issue of ethnicity. Today,
I want to say that I am a Bosnian and Herzegovinian by nationality and a Croat
by ethnicity, because nationality is an expression of belonging to one's own
state. Neighbouring countries deny the nation of Bosnia and Herzegovina, trying
to use the ethnic identities in my country to their advantage, creating such an
environment that we, Bosnians and Herzegovinians, should ask them for consent,
whether we can be Bosnians and Herzegovinians by national affiliation. This is
absolutely unacceptable and in complete contradiction with the European
Convention on Human Rights and Fundamental Freedoms.
On
the other hand, when we look at the decision-making system, today in Bosnia and
Herzegovina we have a situation where the existence of any majority in the
lower houses, i.e. directly elected legislative bodies, is completely made void
through a new political tool called "entity voting."
In
a nutshell, this means that in the House of Representatives of the
Parliamentary Assembly of Bosnia and Herzegovina, which has 42 MPs, even just five
of them can block any decision-making, because they come from one of the two
entities. Is such a thing an expression of liberal democracy? Of course not,
because it is obvious that a political minority can stall any decision-making
to the detriment of the political majority, until that minority is satisfied.
We have something like this today in Bosnia and Herzegovina. This country is
being held in a political hostage crisis through obvious separatist activities,
which ultimately hides the system of blockades, blackmails and keeping Bosnia
and Herzegovina in complete political uncertainty, until the wishes and
intentions of some political leaders are met.
Isn't
that an expression of a complete autocracy and a lack of fundamental principles
of democracy?
To
make matters worse, the reason for keeping Bosnia and Herzegovina in a state of
crisis is because someone refuses to accept the judgments of the International
Court of Justice in The Hague, that have established the crime of genocide had
been committed. Just imagine now, what would disrespecting the decisions of any
court mean in your countries? Undoubtedly, the criminal liability of those who fail
to respect the judgments of the courts.
The
situation is similar with the decision-making process in the upper house of the
Parliamentary Assembly of Bosnia and Herzegovina called the House of Peoples,
which consists of 15 indirectly appointed MPs, where two of them can block any
decision-making process in such a way that even if all 42 MPs from the House of
Representatives make a unanimous decision, it takes only two of them from the
House of Peoples to bring it all down, due to necessary entity majority vote.
Isn't
this a clear indicator of inequality of MP votes in the two Houses of the
Parliamentary Assembly of Bosnia and Herzegovina, where the vote of one Member
of the House of Peoples, appointed by political parties, has at least three
times more value than that of an MP from the House of Representatives elected
by the citizens of Bosnia and Herzegovina?
This
is being used today as a political tool, in order to prevent the normal
functioning of the institutions of the Government of Bosnia and Herzegovina,
with complete disregard for fundamental democratic principles, and I find that
unacceptable. This is also the cause for the newest appellation before the
European Court of Human Rights pertaining to the inequality of votes in the two
parliamentary houses in Bosnia and Herzegovina.
Unfortunately,
for the past 26 years, the application of the concept of "constituent
peoples" and ethnic voting in everyday political decision-making in the
institutions of Bosnia and Herzegovina, does not serve to protect the rights of
"constituent peoples" but to prevent Bosnia and Herzegovina from
stabilizing and progressing.
Since
2008, when BiH signed a Stabilization and Association Agreement with the
European Union, parties supporting ethnically based decision-making system have
used ethnic quotas in decision-making in the executive and legislative bodies
to prevent the adoption of European standards. Laws concerning the adoption of
the EU acquis fail precisely in the Houses of Peoples or through entity voting in
the BiH House of Representatives. This happens almost regularly, even though
the laws of the acquis communautaire do not affect ethnic identity, culture,
tradition, language or education as values that the Houses of Peoples should
protect.
For
this reason, dozens of laws from the European agenda are at a standstill in the
parliamentary procedure. That is why we cannot fill out the Constitutional
Court of the Federation of BiH, why there are no appointments of governing
bodies of many independent law enforcement agencies, and why we are wasting
European funds. There are many other things that are to the detriment of the citizens
of Bosnia and Herzegovina, all under the guise of fighting for the legitimate
ethnic interests of the "constituent peoples".
This
is, therefore, an abuse of the rights of the "constituent peoples" to
prevent Bosnia and Herzegovina from becoming a part of a civilized community of
European parliamentary democracies and never becoming a member of the EU. Such
policies are intended to turn my country into a territory where foreign regimes
will have an influence, either through economy, or by creating a new
"Transnistria" in the Western Balkans from one of its parts.
I
would like to remind you that even the European Commission has precisely and
legally identified, in the "Opinion" from 2019, everything that my
country needs to improve in order to continue its long path towards the
candidate status.
In
that moment, political actors advocating the disappearance of Bosnia and
Herzegovina decided to stop all processes and bring 3.5 million people back to
1995, by talking about the rights of "constituent peoples", restoring
entity competences, and, finally, giving an anti-civilizational resistance towards
punishing denial of adjudicated genocide and war crimes.
Nowadays,
when there is talk in Bosnia and Herzegovina about the necessity to amend the
Constitution and the Election Law, with the goal of implementing five judgments
of the European Court of Human Rights, we again have the emergence of those
political forces that have no intention to implement those judgments, but are
rather trying to create a new constitutional arrangement and electoral system
with deeper discrimination that would be shielded behind the inequality of
votes of the citizens of Bosnia and Herzegovina.
Unfortunately,
neighbouring countries also have direct participation in that and their goal is
very clear - to achieve all wartime goals using political and diplomatic means
in peacetime.
Their
intention is reflected in two aspects. The first is to create a system, through
amendments to the Constitution and the Election Law of Bosnia and Herzegovina,
where those neighbouring countries will have a "golden share" or a
key word in all decision-making in Bosnia and Herzegovina, and thus complete
control over my country. Such intentions are easily recognized every time they
talk about the "constituency of peoples" or in the phrase how they
will accept "everything that the three ethnic communities agree upon."
Regardless
of the fact that they are striking at the foundations of democracy, human
rights and the rule of law, they often do something like that in diplomatic
talks, even before you, for I believe, even you were occasionally faced with
that.
And
second, when they see that such a thing cannot succeed, then they reach for their
allies in Bosnia and Herzegovina who, on behalf of those neighbouring
countries, block the work of Bosnia and Herzegovina's institutions, trying to
create an illusion that Bosnia and Herzegovina is a dysfunctional state.
In
addition to invading my country's political system, through their political
satellites in Bosnia and Herzegovina, neighbouring countries are trying to
obtain complete control over my country's natural and all other resources. How
else to explain political intentions of neighbouring countries not to define
the border with Bosnia and Herzegovina through an international border
agreement, both on land and at sea, but with the goal of them having an option
to manage the natural resources of Bosnia and Herzegovina?
Therefore,
I use this opportunity to ask all of you not to accept this type of diplomatic
talks, because it harms Bosnia and Herzegovina and its citizens.
Finally,
I would like to take this opportunity to point out my vision of a solution for
Bosnia and Herzegovina. First of all, I strongly believe, and I cannot back
down on this, that it is necessary to achieve equality for every citizen of
Bosnia and Herzegovina in order to create a society of equal opportunities.
This
would eliminate all forms of discrimination associated with the phenomenon of
"constituent peoples". Let me emphasize this once again; it is a
principle or a tool for creating an environment of incalculable and persistent
corruption or a society where those who succeed are not the best among us, but those
who are politically suitable or family connected and appointed through
nepotism.
A
system dominated by systemic corruption is not acceptable in any modern
society, including Bosnia and Herzegovina.
Second,
it is necessary to change the political system of Bosnia and Herzegovina from a
limited or a restricted democracy and establish a system of full democracy, as
set out in five judgments of the European Court of Human Rights, but also in
accordance with the 2005 Venice Commission's Opinion, which has analytically,
accurately, and legally specified all the changes that Bosnia and Herzegovina
must make if it wants to be a part of modern democratic societies.
Therefore,
I would like to take this opportunity to ask you all to get acquainted with the
Venice Commission's Opinion on Bosnia and Herzegovina from 2005, because it is
very important that we accept its Opinion as the Council of Europe's assistance
to countries in transition.
Finally,
changes to the Constitution and the Election Law of Bosnia and Herzegovina must
not be made without respecting the fundamental principles of liberal democracy,
human rights and the rule of law, because everything else will lead my country
to additional instability, and thus to the instability of the entire Western
Balkans region. We all know very well that a citizen, an individual, is the
bearer of the sovereignty of a country, and this must also be applied in Bosnia
and Herzegovina. I use this opportunity to ask you all not to agree to any of
the diplomatic and political talks that seek to harm Bosnia and Herzegovina,
and you will easily recognize such talks - they will be outside of the
fundamental principles of the Council of Europe.
Thank
you for your attention.