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The Constitutional Court’s ruling is historic. Its implementation will ensure
the representation and full protection of Bosnia and Herzegovina’s constituent
peoples and others in both Entities, thereby hopefully ending all forms of
ethnic discrimination, boost return, and decisively contribute to the
establishment of a just, multi-ethnic society.
Since this ruling is so important, I expect the responsible political
leaders, who represent BiH’s three peoples, its citizens and the two Entities,
to implement it. This is not just my personal view, but one shared by the Peace
Implementation Council.
I am fully aware that this is a difficult task. It requires hard work,
negotiations, political maturity and the ability to compromise, and it should
boost the culture of dialogue, a prerequisite for every democractic country.
However, more than six years after the Dayton Agreement was signed, Bosnia and
Herzegovina’s political class should have acquired these skills.
If the political leaders fail to meet their obligations, it will be a huge
setback, making the outside world wonder where BiH stands so many years after
the war, especially now as it is scheduled for membership to the Council of
Europe.
Bosnia and Herzegovina’s leaders have to prove that they have learnt over the
last few years that personal fiefdoms are a thing of the past, and that public
office brings along the responsibility for building a prosperous and stable
Bosnia and Herzegovina.
So, over the next few weeks, I expect full-scale political engagement. I am
very encouraged by the meetings in Mrakovica and Sarajevo. This may be the first
time since Dayton that the top leaders from both Entities and all three
constituent peoples are coming together without mediation by the international
community in order to solve a question that is crucial for the future of Bosnia
and Herzegovina.
There is not much time left. The Court ruled in four Decisions from January
to June 2000. Nothing happened until I formed the Constitutional Commissions in
January 2001, which were, among others, charged with drafting proposals for the
amendment of the Entity Constitutions. They have finished their job, and now
it’s up to the Entity parliaments, specifically to the main parties represented
there, to decide which mechanisms will turn the ruling of the Constitutional
Court into political and social reality.
They have a few weeks to do it. By around mid-March, the Entity Constitutions
must have been brought in line with the Court’s ruling. Only this will allow for
the timely amendment of the Election Law so that general elections can be held
under the Election Law in October, as scheduled and legally and constitutionally
required. I do not have to remind you that the Election Law was the main
precondition for BiH’s accession to the Council of Europe. It would look more
than strange if the elections would be conducted on the basis of an incomplete
Election Law and some institutions would have to be elected under the Rules and
Regulations of the Provisional Election Commission.
What the international community as a whole wants to see are comprehensive,
substantial solutions - solutions that will ensure the representation and full
protection of BiH’s peoples and citizens in the two Entities.
If Bosnia and Herzegovina’s political leaders are able to agree on them, they
will have mastered the probably most difficult test of their maturity since
Dayton, and I will be leaving Bosnia and Herzegovina full of optimism and
confidence in its future.
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