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In partnership with Bosnia and Herzegovina's
political leadership and the governments of the two Entities, the High
Representative, Wolfgang Petritsch, has today completed the long process of
constitutional change in BiH's Entities by issuing three Decisions. By closing a
small number of gaps in the constitutional amendments, the High Representative
has ensured that these amendments are fully in line with the Mrakovica-Sarajevo
Agreement on the Implementation of the Constituent Peoples’ Decision of the BiH
Constitutional Court, which was reached by BiH's political leaders on 27 March
2002. Through these Decisions the High Representative has also ensured that
resistance by nationalist opposition parties in the Federation does not prevent
the amendments from taking effect. The High Representative has also amended the
BiH Election Law, placing it in accord with the new Entity Constitutions.
The new Entity Constitutions, fully incorporating the Mrakovica-Sarajevo
Agreement, ensure that Bosnia and Herzegovina's peoples and citizens are
represented at all levels of government and public administration in both
Entities, and provide 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
recognised human-rights standards. Almost seven years after the signing of the
Dayton Peace Agreement, the discriminatory elements of the previous Entity
Constitutions have been eliminated, in line with the BiH Constitution and the
2000 Constitutional Court's decision on the constituency of peoples, in this way
decisively advancing the terms of the Dayton Agreement.
The Mrakovica-Sarajevo Agreement, reached last month after nearly one hundred
hours of negotiation under the auspices of the High Representative, is a
significant achievement and has served as the indispensable yardstick for the
constitutional amendments. The agreement was fully signed by three political
parties - the Social-Democratic Party (SDP), the Party for BiH (SBiH) and the
New Croat Initiative (NHI) - and signed with two reservations by another four
parties - the Party for Democratic Progress (PDP), the Serb Democratic Party
(SDS), the Serb Independent Social-Democrats (SNSD) and the RS Socialist Party
(SPRS). For the first time since Dayton, the elected representatives of BiH's
peoples and citizens reached a substantial compromise, living up to the
requirements of democracy, the rule of law and the multi-ethnic character of
Bosnia and Herzegovina.
The High Representative appreciates yesterday's adoption of amendments by the
Federation House of Peoples and the positive vote of a majority of the delegates
in the Federation House of Representatives. He also acknowledges the corrections
made to the amendments passed by the National Assembly of the RS on 4 April,
which originally fell short of, and did not fully reflect, the
Mrakovica-Sarajevo Agreement.
In order to overcome the obstructionist tactics of opposition parties in the
Federation, in particularly the Croat Democratic Union (HDZ) and the Party of
Democratic Action (SDA), which prevented the amendments securing a two-thirds
majority in the Federation House of Representatives, the High Representative has
issued a Decision promulgating amendments in the Federation. In the RS, the High
Representative has issued a Decision correcting a small number of technical
shortcomings. These Decisions fully harmonise the amendments with the
Mrakovica-Sarajevo Agreement.
The High Representative also today amended the BiH Election Law, harmonising
it with the new Entity Constitutions, so that general elections for 5 October
2002 can be announced today in accordance with the Election Law.
Today, the long and difficult process of implementing the Constitutional
Court's ruling has drawn to a conclusion. The readiness of the Federation
parties from the ruling Alliance coalition and the RS leadership to engage in
discussion and make brave decisions has been remarkable, and the High
Representative applauds them for their efforts. This process has shown that the
ownership which the High Representative has fostered since the beginning of his
mandate three years ago is taking root. Soon to take his leave of Bosnia and
Herzegovina, the High Representative, Wolfgang Petritsch, looks at the country's
future with confidence and optimism.
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