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Alexandra Stiglmayer, OHR Senior
Spokesperson: Thank you for coming. You all know what the reason for this
press conference is. It is the constitutional developments in the two Entities.
And now I’m handing over to the High Representative.
Wolfgang Petritsch, the High Representative: First of all, let me
apologize for being a bit late. But we had to be very sure that every single
line that we, that I, issue and sign is absolutely correct. Now let me also
stress that never ever in the three years of my mandate in Bosnia and
Herzegovina have I experienced a feeling of such profound relief and
satisfaction. Almost two years now after the Constitutional Court of BiH issued
the so-called Constituent Peoples’ Decision, six and a half years after the
Dayton Peace Agreement was signed, which demanded that the Entity constitutions
be brought in accordance with the State’s constitution, this process now has
drawn to a conclusion.
This work, these efforts, have been very inclusive. All the leading parties
in BiH have been engaged in the process through the Constitutional Commissions
and then the difficult negotiations under my auspices, which three weeks ago
produced the Agreement here in Sarajevo on the Implementation of the
Constitutional Court’s Decision. The readiness of the leading parties of your
country to engage in these discussions has been an important step forward, and I
sincerely applaud them for these efforts. This shows to me that the concept of
ownership of the local authorities, which I initiated when I took over as the
High Representative, is indeed working. BiH’s political class is recognizing its
responsibilities; it is living up to the requirements of a modern European
democracy, the rule of law and the multi-ethnic character of this country, this
State of BiH.
Today, in partnership with the leaders of BiH, I have brought the
constitutional reform process to a conclusion by issuing three Decisions which
build upon what the domestic authorities have achieved. This is a new kind, a
new quality of Decisions that I have taken today.
One Decision promulgates the constitutional amendments in the Federation. I
would like to take this opportunity to commend the Federation government, that
is the Alliance, for having supported these amendments, and I commend the
Federation House of Peoples for having passed them yesterday. And I’m not going
to allow two nationalist parties, the SDA and the HDZ, to prevent them from
taking effect. As a guarantor of the Mrakovica-Sarajevo Agreement, I simply
cannot accept the continuing obstruction on the side of these nationalistic
dinosaurs. I cannot allow the prospect that these two parties could hold the
citizens of this country hostage. This time, and this age, is definitely
over.
Now, a second decision corrects a number of shortcomings in the Republika
Srpska amendments, which were adopted on April 4. These Decisions fully
harmonize the constitutional amendments in the two Entities with the Agreement
and with the Constitutional Court decision.
Lastly, I’m amending the Election Law of BiH, harmonizing it with the new
Constitutions. Later today, the BiH Election Commission can announce elections
in line with the new constitutional framework. This framework, fully
incorporating the Mrakovica-Sarajevo Agreement, ensures that BiH’s peoples and
citizens are represented at all levels of government and public administration
in both Entities, and provides them with far-reaching rights in the
decision-making process. This gives BiH a political system that fully represents
its multi-ethnic character and conforms with European values and internationally
recognized human rights standards.
I am able to issue my Decisions today knowing that the leaders of BiH have
taken this country a huge step forwards towards a future based on modern
European norms, which include consensus and a sensible compromise. The
international community and I myself are exercising our role as a partner for
BiH and its leaders, and the Alliance leaders and the RS leadership have shown
courage, strength, persistence and commitment. More than this, they have shown
responsibility and statesmanship when faced with one of the most complex
questions a democracy can confront itself with, and that is, of course, the
constitution. In many countries it takes years to find such a solution and in
this way, the two years, in fact, were well spent.
The great European Robert Schumann once said, “Peace cannot be safeguarded
without the making of creative efforts proportionate to the dangers which
threaten it.” And Europe, he said, will not come about at a stroke or by
overall construction. It will come about through concrete achievements first
creating de facto solidarity. BiH and the whole of South Eastern Europe can
follow the model of the European Union in this respect. Concrete achievements
establish the conditions for overall improvement that benefit everybody.
As you know, I am stepping down as the High Representative in a few weeks. I
can tell you that the constitutional reform process has shown me more than any
other achievement during my mandate that this country has a future and will
definitely become part of the European family of states. Thank you.
OHR Spokeswoman: Thank you. Now your questions please.
Question: Mr. Petritsch…
OHR Spokeswoman: Can you please state your organization and name?
Associated Press (Aleksander Dragicevic): Are you going to punish
these dinosaurs?
High Representative: I believe it’s the fate of dinosaurs that they
die out. I do believe that democracy in this country is by now so well rooted
that they will simply not be elected into important offices any longer.
Kuna (Yasin Rawasdeh): Do you want to describe those dinosaurs, first
question. Yasin from Kuna. The other question – at the end of the day you
impose the constitutional law Decisions - two years after. Why didn’t you impose
these things even before?
High Representative: I have made it clear, I believe that people
understand that this is a new kind of imposition. This is not an outright
imposition as this used to be the case in the old times. This is clearly a new
approach. I would say this is partnership where most of the job indeed has been
done by the responsible political actors in this country. But they’re not fully
there yet. Just look at the concrete situation here in the Federation. Why was
the 2/3 majority not reached? They had a relative majority, the reform parties -
unfortunately the nationalistic parties did not support it. Why? You have to ask
them. I can only imagine that this is something that they do not want. They
don’t want, in fact, to get rid of the discrimination, of the ethnically based
society that exists here, which of course serves so much more a nationalist
party than multi-ethnic party. It’s very clear that the interests of
nationalistic parties cannot be taken care of by a civic concept, by a modern
European political system. But I do believe that more and more people in this
country are ready, and in fact want finally to move on, so that the politicians
can concentrate on issues that are more important than this politicking, these
old politics. It is really time now, and this is a good basis, for being more
successful with economic reform, social issues, pensions, to do away with the
obstacles that prevent BiH from being included in the Schengen visa system, and
so on. So your politicians have been freed now, so to speak, to do the real work
that in other countries is usually done by politicians.
Kuna: Do you want to describe those dinosaurs?
High Representative: I don’t want to describe the dinosaurs. This is
just a metaphor, and I wouldn’t want to go too far in this comparison. But when
you look into the history of our planet, then you realize that they had their
time and they’ve died out. The same, of course, also happens in a dynamic
European democratic society. This kind of parties that still exist here don’t
exist in the rest of Europe any longer. You have different parties, a different
concept for a party, and so therefore I’m quite confident that this is going to
be a thing of the past pretty soon.
Avaz (Sead Numamovic): Mr. Petritsch, what kind of activities are we
going to see now in the, let’s say, in the context of contacts with these SDA
and HDZ parties? Are you going to cease the contacts with them, or continue, or
how are you evaluating their activities and behavior in the Parliament? The SDA
was opposing the amendments and the HDZ left the Parliament.
High Representative: Let me just refer to the behavior of these two
parties. The SDA, of course, realized that they had obviously made a big mistake
when they left the negotiations early. In this way, of course, they gave up on
getting their position recognized in the negotiations. They ended the
negotiations at the famous document number 16. After document number 16, many,
many more documents were produced. So, of course, for them it’s now very
difficult to vote for something when they already said there’s nothing to it, we
don’t agree with it. But in the meantime, such great efforts, such great
progress has happened that they, I’m sure, are kind of worried now and therefore
they abstained. They’re not against it, so they abstained, and maybe this is a
way back into the fold.
Of course they have to realize now what kind of improvement this brings, for
example, in the Republika Srpska for the Bosniaks. They will be confronted by
the Bosniaks in the Republika Srpska. They will ask them, why haven’t you voted
for this? We now have five ministers in the government, 50% of the government is
now non-Serb in Banja Luka, of the six most important positions only 1/3 can be
Serbs. We have so many more opportunities now in the administration, in the
judiciary. There are literally hundreds, if not thousands, of new jobs that are
now being made available for Croats and for Bosniaks. Of course you need good,
excellent politicians to make this happen, but now you have a legal, a
constitutional basis for this. You can start now implementing it. But for this
we need people who get constructively engaged in it, and not nay-sayers.
Avaz: So just to finish the answer. What would be the behavior of the
international community towards these parties, these two parties?
High Representative: I would not want to go into details. I think this
is a matter of the future, and the future will tell. But one thing is for sure:
if you do not sign up to such a far-reaching reform of your state, how can you
then be a representative there? How can a minister who comes from a party which
has not signed up to these constitutional changes then really work
constructively, if they basically disagree with this kind of reform? It’s
difficult for them. So what happened is, in fact, they took themselves out of
the game, hoping that this whole process would collapse, that local leaders, the
Alliance in particular, would never find an agreement - then they could say,
“See how right we were not to participate in these negotiations?” But they were
wrong. You know, this is tough luck. They were wrong, and now it’s going to be
up to them to prove that they nevertheless are ready to constructively work on
the basis of this new and very revolutionary concept of the 22
constitutions.
Now just one word with regard to the HDZ. Of course I don’t envy a party like
the HDZ. This party had been leaderless now since more than a year. They cannot
get their act together. They cannot actively participate in any of the state
functions because they are constantly dealing with their own problems. So let
them finish and let them finally make some decisive moves and elect a new
leadership, which would be ready to work to the benefit and for the benefit of
the Croats in BiH. This is basically a passive party, which unfortunately cannot
play an active role in Bosnian politics. They have to decide what they want: do
they want to deal with their own problems exclusively and preserve the status
quo, or do they want to finally become a constructive force in BiH.
Reuters (Daria Sito-Sucic): Can I ask a question? You said in your
second Decision you corrected a number of shortcomings in the amendments passed
by the Bosnian Serb Parliament. Can you name some of them or say concrete what
you corrected?
High Representative: Yes. You will get very quickly the copies, in
English even, of my Decisions, and there you will see what I have corrected. I
have corrected the language issue, for example. I have corrected some
administrative issues. But I should also mention in this context, since I know
that yesterday on television there was a discussion about the alleged
shortcomings in the Republika Srpska, and both parties, party representatives,
who were speaking there mentioned the election of the RS President and Vice
Presidents. Unfortunately they were wrong. All three are now being elected
directly. So, you see there is quite some progress in there.
OHR Spokeswoman: You’ll get the printed Decisions later, our press
release on them, and also a Communiqué of the Steering Board of the Peace
Implementation Council. They will be all on the table outside later.
High Representative: Since I see Mr. Wheeler here, it just comes to my
mind that of course I’m getting a lot of advice from very competent
institutions. The two most prominent and most important institutions, think
tanks, dealing with the Bosnia issue, are, of course, the Crisis Group,
represented by Mr. Wheeler, and the European Stability Initiative. I got from
both sides advice, but they are about 180 degrees different: one saying, “Do not
impose,” and the other, the Crisis Group, saying, “Impose.” I think with
this kind of job that I have done today I have, in a way, satisfied both. It is
not an imposition, but in the end, it is in a way an imposition. But it is, as I
said before, and I would like to stress this, a new quality, and it also
demonstrates and signifies a new quality in the relationship between the local
authorities and the international community.
Mark Wheeler, International Crisis Group: Very quickly. Thank you for
that advertisement on behalf of the International Crisis Group. I assume,
therefore, there is no inclusion of any changes to the power of referendum in
the RS constitution in your corrections?
High Representative: There is no reference to a referendum in the
constitution. It has been eliminated. There’s no referendum.
Unidentified: (in Bosnian) Mr. Petritsch, could you tell us if the
corrected amendments to the RS Constitution are now fully in line with the
Sarajevo Agreement?
High Representative: (in Bosnian) Yes. Yes, they are.
Unidentified: (in Bosnian) Fully?
High Representative: (in Bosnian) Yes, fully.
BiH Radio One (Mirsad Bajtarevic): Mr. Petritsch, what do you expect
now from the political parties from Republika Srpska? You know, a couple of
times they said that they do not want to implement a Decision from someone else,
in that case, from you. What do you expect from them?
High Representative: What I have now implemented here is basically
what Serb parties, at one or another stage in these negotiations, had already
agreed to. So I believe that this is not the issue any longer. In the end, you
have to get things 100% right, and this was not the case. Therefore I had to
intervene. But it is basically a completion of what was negotiated.
BiH Radio One: Me again. One word was popping up all the time during
these negotiations, and it is “symmetry.” Talking about symmetry, how much do we
have of it with regard to the powers and positions of the Vice Presidents of the
Entities … rotation and authorities of Vice Presidents in both Entities.
High Representative: Is there rotation? In the Federation?
BiH Radio One: Well, so far, yes. What about now?
High Representative: So you read the new mandate under the
constitution, and then you will see how much symmetry there is in there. There
is full symmetry in substance.
BiH Radio One: And what about the powers of the Vice Presidents?
High Representative: This is not what the Constitutional Court’s
decision was about. We need to keep in mind that we are talking here about the
implementation of the Constitutional Court’s decision. Now again, there are, of
course, differing opinions out there. Some are maintaining, and these are
obviously sometimes well-educated people, that you don’t need to negotiate, you
just simply implement. I would like to see how you implement this decision
without specifying anything and without working with them. And others, of
course, expect from this Constitutional Court’s decision, from its
implementation, that everything is going to be changed. This is not the case.
I must tell them that I share the opinion of Zlatko Lagumdzija and President
Halilovic that it is not a prefect thing. I believe it is a compromise in the
classical, democratic sense, where you have basically three competing camps to
identify common ground. This has happened. But democracy is a process, and the
constitution is not sacrosanct. There are instruments to improve it, and I would
encourage you all, the politicians here, to work on this and to further improve
this important document. For every state and every society, this is the
constitution, after all. But do not expect miracles. Do not expect a
once-and-for-all solution to your problems. Try to rather deal with them. I
think this is the real historic experience and the gain in this lengthy process:
that politicians have learned in this process to say “Yes” to something that
they stand behind. They have learned to take one step towards one another, to
try and listen into the other argument, try to understand it, and then try to
disprove it, or take it in, into the solution. This kind of give and take, this
kind of serious interaction, this is the daily bread of democratic politics. And
this is what’s so important.
I know I’ve been criticized time and again for this kind of lengthy process,
“Why hasn’t he imposed yet?”, and the many appeals - from some of the people who
have then eventually signed this Agreement. They have appealed to me. Of course,
it would have been so much easier. Lagumdzija, Zubak, Halilovic, the Serb
politicians, they would not have to stand up now and defend themselves. Because
they could say, “It was the High Representative who did it.” I’m very sorry, but
this time it’s not possible. And this is important. You, as citizens of this
country, should insist on it, that this is done by your own politicians. This
is, after all, why you vote for them, why you pay for them. This is really very
important. And see more and more that the High Representative has to become less
and less relevant here. We have to really see this as a kind of withering away
of this kind of tutelage and position of the High Representative. This is an
unnatural thing. You should now start thinking of not getting rid of Petritsch,
but of getting rid of the High Representative. This I mean in a positive way -
by making progress, by taking on the challenges, by doing what so far too much
and too long the international community has been doing.
OHR Spokeswoman: OK, let’s take two more questions and then
finish this press conference.
AFP (Sabina Arslanagic): Just very generally. That draft amendments
that you received last night from the Republika Srpska, to which extent do they
satisfy the Agreement?
High Representative: When you compare my Decision and the document,
then you will see it was not satisfactory. It went far, but not far enough. I
insisted from the outset that we need 100%. This is a Constitutional Court’s
decision that has to be taken seriously and you cannot fiddle with this. There
we need very serious engagement. Here I wanted to see up to the last comma a
perfect job done. It was almost perfect, but it still had to be added on a
little bit. But again, we should, today at least, focus on the positive
achievements. For this country, I can tell you, this is a great achievement that
this was possible.
AFP: That’s exactly why I’m asking you - to build on the previous
question about whether something imposed will be accepted or not. So, from what
you read last night – what’s your general feeling? Do you think that you made
just minor changes to bring things up toward a solution, or…
High Representative: I think it is acceptable to them. It has to be
acceptable, full stop. And it would be unwise on the part of the RS leadership
now to backtrack or to try to obstruct the implementation. I am quite confident
that there is now a new spirit, a new atmosphere in the politics of this
country, so I do not expect any difficulties. Thank you. OHR
spokeswoman: Thank you.
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