02/19/2013 OHR

High Representative Issues Statement on the Federation Government

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Noting that last week’s events in the Federation Parliament once again confirmed the failure of the political parties to find solutions through political dialogue, High Representative Inzko noted that the current political stalemate could be overcome through sincere negotiations and greater flexibility on all sides, having in mind the interests of the citizens.

“Watching these events unfold, and rarely hearing any reference to what concretely the parties intend to deliver for citizens, it is difficult to avoid the impression that the interests of the population at large are far from the priority they should be, for either coalition,” High Representative Valentin Inzko said in his statement today.

The High Representative reminded all relevant authorities and parties that, regardless of the ongoing attempts to reshuffle the Federation government, they are still obliged to fully respect the rule of law, the democratic institutions and the constitutional and legal order.

The High Representative underscored that the parties forming a majority in the Federation parliament have a clear and legitimate right to seek to form a new government based on that majority.  However, unless and until that goal is achieved through the constitutional process, which is not yet the case, the current Federation government has a clear responsibility to discharge its functions under the constitution and laws in full capacity. Ensuring the continuing full functioning of the Government is not only a constitutional and legal requirement, but a political responsibility of the highest order at a time when the citizens of the Federation are facing enormous socio-economic and other challenges.

These developments also highlight the unacceptable delay of the last several years in the appointment of judges to the Federation Constitutional Court, which has prevented the court from deciding on vital national interest cases in the most expedient way. It is now absolutely essential that the FBiH President in concurrence with the two vice-presidents and subsequently the relevant houses of the FBiH Parliament move to fill the long vacant posts so that that this body can function fully and respond to cases of vital national interest promptly.

“All political actors, without exception, are expected to facilitate the election of the judges of the FBiH Constitutional Court immediately and refrain from any obstruction of their appointment,” High Representative Inzko said. “I would strongly suggest that parties think very carefully before acting in a way that will paralyze the system.”