The functioning of democratic institutions in Bosnia and Herzegovina
Reply to Recommendation
| Doc. 13449
| 24 March 2014
- Author(s):
- Committee of Ministers
- Origin
- Adopted
at the 1194th meeting of the Ministers’ Deputies (12 March 2014). 2014 - Second part-session
- Reply to Recommendation
- : Recommendation 2025
(2013)
1. Like the Parliamentary Assembly, the
Committee of Ministers pays particular attention to the proper functioning
of democratic institutions in Bosnia and Herzegovina. In this respect,
it recalls its own procedure to monitor the honouring of obligations
and accession commitments undertaken by Bosnia and Herzegovina when
acceding to the Council of Europe.
2. When adopting its decision following the 17th monitoring report
on Bosnia and Herzegovina’s compliance with its obligation and commitments,
on 13 March 2013, the Committee of Ministers welcomed the fulfilment
of all convention-based commitments set out in Opinion No. 234 (2002)
of the Parliamentary Assembly on Bosnia and Herzegovina’s application
for membership of the Council of Europe, the election of the judge
to the European Court of Human Rights in respect of Bosnia and Herzegovina,
the adoption of the laws on State Aid and Census, the advancement,
albeit with some difficulties, in the implementation of the Justice
Sector Reform Strategy and of the National War Crime Strategy, as
well as the administration of the electoral process by domestic
actors.
3. At the same time, the Committee of Ministers shares the concerns
expressed in the Parliamentary Assembly’s recommendation, in particular
those underlined in paragraph 22. In its above-mentioned decision concerning
Bosnia and Herzegovina, the Committee urged the authorities to increase
the efficiency of institutions at all levels (State, entity, local),
to eliminate, as a matter of priority, all outstanding ethnic segregation
issues in schools as well as to pursue and strengthen measures,
notably in the legislative field, to combat discrimination. The
Committee of Ministers also urged the authorities of Bosnia and
Herzegovina to implement fully the current Justice Reform Strategy
and to follow up the initiative for the adoption of a new strategy
for the period after 2014, to implement fully the National War Crime
Strategy and to continue to provide support to the process of genuine
enjoyment of the right to return for refugees and IDPs. Finally,
the Committee of Ministers also asked the authorities of the country
to include all relevant actors in discussions on the reform of election-related
legislation and processes, to complete the reform of the public
broadcasting system and to ensure adequate human and financial resources
for the functioning of key independent institutions. The implementation
of these recommendations will be closely followed by the Committee
of Ministers.
4. In addition, the Committee of Ministers has been following
with particular attention the events in Bosnia and Herzegovina following
the protests, sometimes with outbreaks of violence, which started
at the beginning of February, linked to the current economic, social
and political situation in the country.
5. The Committee of Ministers would like to inform the Parliamentary
Assembly that the preparation of a comprehensive Action Plan of
co-operation with the authorities of Bosnia and Herzegovina is under
way.
6. With regard to the specific recommendation addressed to the
Committee of Ministers by the Parliamentary Assembly “to urge the
authorities and political leaders of Bosnia and Herzegovina to amend
the Constitution and electoral legislation in conformity with the
Sejdić and Finci judgment without delay”, the Committee of Ministers
recalls that, in the above-mentioned decision on Bosnia and Herzegovina’s
compliance with its commitments and obligations, it called on the
authorities to duly execute the Sejdić and Finci judgment adopted
by the Grand Chamber of the European Court of Human Rights on 22 December 2009,
and accordingly to amend the Constitution and the electoral legislation
so as to bring them in conformity with the European Convention on
Human Rights without any further delay.
7. The Committee of Ministers, in its capacity as supervisory
body of the execution of the judgments, remains seriously concerned
that a solution which would satisfy the Court’s ruling has not yet
been found in this case. It has repeatedly urged the country’s authorities
and political leaders to reach a consensus on the issue and stressed
that time was running out and that failure to execute the judgment
would amount to a manifest breach of obligations under Article 46,
paragraph 1, of the Convention. Most recently, at its 1186th meeting
on 5 December 2013, the Committee of Ministers adopted a third interim
resolution. In this interim resolution, the Committee, while “noting
that political leaders of Bosnia and Herzegovina are presently investing
intensive efforts to negotiate rapidly a consensus on the content
of the constitutional and legislative amendments aimed at eliminating
discrimination based on ethnic affiliation in elections for the
Presidency and the House of Peoples of Bosnia and Herzegovina”,
firmly called upon “all authorities and political leaders of Bosnia
and Herzegovina to ensure that the constitutional and legislative
framework is immediately brought in line with the Convention requirements
so that the elections in October 2014 are held without any discrimination against
those citizens who are not affiliated with any of the “constituent
peoples””.
8. Regarding the census operation referred to in paragraph 17
of the recommendation, the Committee of Ministers recalls that the
Council of Europe is part of the International Monitoring Operation
of the population census which was held between 1 and 15 October
2013, together with the Statistical Office of the European Union
(Eurostat), the United Nations Statistics Division (UNSD) and the
United Nations Economic Commission for Europe (UNECE). The Committee
of Ministers looks forward to a smooth implementation of the overall census
operation in compliance with international standards, including
in particular data processing and the publication of the final results
which are important for the country.
9. The Committee of Ministers assures the Parliamentary Assembly
that it continues to encourage the leaders of Bosnia and Herzegovina
to resolve this issue without further delay. The Committee will
continue to follow the matter closely.