Political agreement on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Political agreement on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path
Date: 12 Jun 2022
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Implementation/renegotiation
Conflict nature: Government
Peace process: Bosnia peace process
Parties: Agreed by the following participants from Bosnia and Herzegovina:

(in alphabetical order)

Petar Djokić (SP)
Milorad Dodik (SNSD, member of the Presidency)
Šefik Džaferović (SDA, chair of the Presidency)
Edin Forto, (NS)
Bakir Izetbegović (SDA)
Elmedin Konaković, (NiP)
Željko Komšić (DF, member of the Presidency)
Nermin Nikšić (SDP)
Nermin Ogrešević, (NES)
Elzina Pirić (PDA)
Senad Šepić (NB)
Nenad Stevandić (US)
Third parties: Not signed, but agreement was made 'In the presence of the President of the European Council, Charles Michel, and the High Representative of the European Union, Josep Borrell'
Description: Political agreement between the heads of 12 political parties in Bosnia and Herzegovina, in which parties commit to political and legal steps to implement elections and stable institutions, tackle corruption, support reconciliation, extend the EUFOR peacekeeping mission and pursue EU accession. It also reaffirms support for the Dayton Peace Agreement.

Agreement document: BA_220612_Political agreement on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 1, Preamble
The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to:
- preserving and building a peaceful, stable, sovereign and independent functional European state of Bosnia and Herzegovina comprised of Bosniacs, Croats and Serbs as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina, which consists of two entities and Brčko District, established in line with the Constitution and the General Framework Agreement for Peace;...
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Preamble
The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to:
- preserving and building a peaceful, stable, sovereign and independent functional European state of Bosnia and Herzegovina comprised of Bosniacs, Croats and Serbs as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina, which consists of two entities and Brčko District, established in line with the Constitution and the General Framework Agreement for Peace;...
State configuration: Page 1, Preamble
The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to:
- preserving and building a peaceful, stable, sovereign and independent functional European state of Bosnia and Herzegovina comprised of Bosniacs, Croats and Serbs as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina, which consists of two entities and Brčko District, established in line with the Constitution and the General Framework Agreement for Peace;...
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, Preamble
The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to:
- upholding the principle of the rule of law and conduct free and democratic elections as well as develop democratic institutions at all levels of government/authority;
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 2,
The political party leaders and the members of the Presidency:
5. Shall cooperate constructively after the vote to ensure the swift formation of new legislative and executive authorities at all levels of government in line with the legally prescribed deadlines.

Page 2-3,
The political party leaders and the members of the Presidency:
13. Furthermore, with the aim for Bosnia and Herzegovina to deliver on a critical mass of reforms and advance decisively on its EU path, agree to take steps:
14. to ensure fully functioning institutions at Bosnia and Herzegovina level and ensure that decisions in line with Bosnia and Herzegovina level competences are taken at that level, and to undertake constructive dialogue following the elections on fundamental issues concerning the functioning of the country, including adoption of country-wide strategies in areas of shared competences, in line with the key priority requiring to ensure legal certainty on the distribution of competences across levels of government;
Elections: Page 1, Preamble
The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to:
- upholding the principle of the rule of law and conduct free and democratic elections as well as develop democratic institutions at all levels of government/authority;

Page 2,
The political party leaders and the members of the Presidency:
4. Shall take all necessary steps for the General Elections 2022 to be organised efficiently and conducted in an orderly manner, with necessary means. The parties shall conduct the election campaign fairly, constructively, and free from divisive and hateful rhetoric.

Page 2,
The political party leaders and the members of the Presidency:
7. Shall in this context, aim to urgently and no later than within 6 months from the formation of all authorities adopt:
11. electoral reforms and those limited constitutional reforms needed to ensure full compliance with the judgements of the European Court of Human Rights and the Bosnia and Herzegovina Constitutional Court, Venice Commission recommendations and OSCE/ODIHR and GRECO recommendations;
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 2,
The political party leaders and the members of the Presidency:
7. Shall in this context, aim to urgently and no later than within 6 months from the formation of all authorities adopt:
9. Law on Prevention of Conflict of Interest;
10. Public Procurement law;

Page 3,
The political party leaders and the members of the Presidency:
13. Furthermore, with the aim for Bosnia and Herzegovina to deliver on a critical mass of reforms and advance decisively on its EU path, agree to take steps:
16. towards improving the overall functioning of the public administration by ensuring professional and depoliticised civil service.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2-3,
The political party leaders and the members of the Presidency:
13. Furthermore, with the aim for Bosnia and Herzegovina to deliver on a critical mass of reforms and advance decisively on its EU path, agree to take steps:
14. to ensure fully functioning institutions at Bosnia and Herzegovina level and ensure that decisions in line with Bosnia and Herzegovina level competences are taken at that level, and to undertake constructive dialogue following the elections on fundamental issues concerning the functioning of the country, including adoption of country-wide strategies in areas of shared competences, in line with the key priority requiring to ensure legal certainty on the distribution of competences across levels of government;
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Preamble
The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to:
- upholding the principle of the rule of law and conduct free and democratic elections as well as develop democratic institutions at all levels of government/authority;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, Preamble
The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to:
- upholding the principle of the rule of law and conduct free and democratic elections as well as develop democratic institutions at all levels of government/authority;
- the principles and values underlying the European Union and democratic societies andto Bosnia and Herzegovina’s future within the European Union;

Page 2,
The political party leaders and the members of the Presidency:
1. Are committed to the prosperity, democratic functioning, and security of Bosnia and Herzegovina, and pledge to constructively undertake necessary reforms to safeguard and advance these objectives.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: Rights institutions→Regional or international human rights institutions→Other
Page 2,
The political party leaders and the members of the Presidency:
7. Shall in this context, aim to urgently and no later than within 6 months from the formation of all authorities adopt:
11. electoral reforms and those limited constitutional reforms needed to ensure full compliance with the judgements of the European Court of Human Rights and the Bosnia and Herzegovina Constitutional Court, Venice Commission recommendations and OSCE/ODIHR and GRECO recommendations;

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 2,
The political party leaders and the members of the Presidency:
3. Are committed to full adherence to all final and binding international and domestic court decisions, and working constructively together towards their good faith implementation, with the objective of ensuring compliance with European standards.

Page 2,
The political party leaders and the members of the Presidency:
7. Shall in this context, aim to urgently and no later than within 6 months from the formation of all authorities adopt:
8. Law on Bosnia and Herzegovina High Judicial and Prosecutorial Council (HJPC) and Law on Courts;
9. Law on Prevention of Conflict of Interest;
10. Public Procurement law;
11. electoral reforms and those limited constitutional reforms needed to ensure full compliance with the judgements of the European Court of Human Rights and the Bosnia and Herzegovina Constitutional Court, Venice Commission recommendations and OSCE/ODIHR and GRECO recommendations;

Page 3,
The political party leaders and the members of the Presidency:
13. Furthermore, with the aim for Bosnia and Herzegovina to deliver on a critical mass of reforms and advance decisively on its EU path, agree to take steps:
15. to strengthen the prevention and fight against corruption and organised crime, including by ensuring that law enforcement and judiciary can operate independently and have all the necessary means to establish a track record of proactive investigations, confirmed indictments, prosecutions and final convictions, including at high-level.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 2,
The political party leaders and the members of the Presidency:
7. Shall in this context, aim to urgently and no later than within 6 months from the formation of all authorities adopt:
12. measures to fully restore regular policy dialogue with the EU, including through the SAA structures and take all necessary steps for the country to benefit from EU funds under the Instrument for Pre-Accession Assistance (IPA III), including by timely ratifying the Financial Framework and Partnership Agreement
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2,
The political party leaders and the members of the Presidency:
7. Shall in this context, aim to urgently and no later than within 6 months from the formation of all authorities adopt:
11. electoral reforms and those limited constitutional reforms needed to ensure full compliance with the judgements of the European Court of Human Rights and the Bosnia and Herzegovina Constitutional Court, Venice Commission recommendations and OSCE/ODIHR and GRECO recommendations

Page 3,
The political party leaders and the members of the Presidency:
13. Furthermore, with the aim for Bosnia and Herzegovina to deliver on a critical mass of reforms and advance decisively on its EU path, agree to take steps:
15. to strengthen the prevention and fight against corruption and organised crime, including by ensuring that law enforcement and judiciary can operate independently and have all the necessary means to establish a track record of proactive investigations, confirmed indictments, prosecutions and final convictions, including at high-level.
Crime/organised crime: Page 3,
The political party leaders and the members of the Presidency:
13. Furthermore, with the aim for Bosnia and Herzegovina to deliver on a critical mass of reforms and advance decisively on its EU path, agree to take steps:
15. to strengthen the prevention and fight against corruption and organised crime, including by ensuring that law enforcement and judiciary can operate independently and have all the necessary means to establish a track record of proactive investigations, confirmed indictments, prosecutions and final convictions, including at high-level.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 3,
The political party leaders and the members of the Presidency:
18. Are committed to take concrete steps to promote an environment conducive to reconciliation in order to overcome the legacies of the war, in line with key priorities and with the Joint statement of the members of the Presidency of Bosnia and Herzegovina, on the occasion of the 25th anniversary of the Dayton Peace Agreement.

Implementation

UN signatory: No specific mention.
Other international signatory: Not signed, but agreement was made 'In the presence of the President of the European Council, Charles Michel, and the High Representative of the European Union, Josep Borrell'
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2,
The political party leaders and the members of the Presidency:
2. Underline the importance of the extension of the EUFOR Althea executive mandate and its continued presence in Bosnia and Herzegovina to maintain a safe and secure environment.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: European Council
https://www.consilium.europa.eu/en/press/press-releases/2022/06/12/political-agreement-on-principles-for-ensuring-a-functional-bosnia-and-herzegovina-that-advances-on-the-european-path/

Political agreement on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path

Preamble

In the presence of the President of the European Council, Charles Michel, and the High Representative of the European Union, Josep Borrell, the leaders of the political parties represented in the Parliamentary Assembly and the members of the Presidency of Bosnia and Herzegovina held a meeting on 12 June 2022 in Brussels and adopted the following political agreement.

The leaders of political parties represented in the Bosnia and Herzegovina Parliamentary Assembly reiterate their commitment to

preserving and building a peaceful, stable, sovereign and independent functional European state of Bosnia and Herzegovina comprised of Bosniacs, Croats and Serbs as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina, which consists of two entities and Brčko District, established in line with the Constitution and the General Framework Agreement for Peace;

upholding the principle of the rule of law and conduct free and democratic elections as well as develop democratic institutions at all levels of government/authority;

the principles and values underlying the European Union and democratic societies andto Bosnia and Herzegovina’s future within the European Union;

They underline the importance of the implementation of reforms that advance Bosnia and Herzegovina’s European integration, namely the 14 Key Priorities set out in the Commission Opinion,

Participants reiterate the Joint statement of the members of the Presidency of Bosnia and Herzegovina on the occasion of the 25th anniversary of the Dayton Peace Agreement.

They recognise the importance of the political moment and responsibility towards all citizens of Bosnia and Herzegovina, bearing in mind the “United Nations General Assembly resolution ES‑11/1 on the aggression against Ukraine”, adopted on 2 March 2022[1].

To achieve these objectives, participants agree that it is essential to strengthen trust, dialogue, compromise building, and work towards peace and mutual respect among all peoples and citizens in Bosnia and Herzegovina.

The political party leaders and the members of the Presidency:

Are committed to the prosperity, democratic functioning, and security of Bosnia and Herzegovina, and pledge to constructively undertake necessary reforms to safeguard and advance these objectives.

Underline the importance of the extension of the EUFOR Althea executive mandate and its continued presence in Bosnia and Herzegovina to maintain a safe and secure environment.

Are committed to full adherence to all final and binding international and domestic court decisions, and working constructively together towards their good faith implementation, with the objective of ensuring compliance with European standards.

Shall take all necessary steps for the General Elections 2022 to be organised efficiently and conducted in an orderly manner, with necessary means.

The parties shall conduct the election campaign fairly, constructively, and free from divisive and hateful rhetoric.

Shall cooperate constructively after the vote to ensure the swift formation of new legislative and executive authorities at all levels of government in line with the legally prescribed deadlines.

Shall work decisively towards fulfilling the 14 key priorities of the Commission’s Opinion on the country’s application for EU membership, in order to advance on the EU path and to respond to the aspirations of the people.

Shall in this context, aim to urgently and no later than within 6 months from the formation of all authorities adopt:

Law on Bosnia and Herzegovina High Judicial and Prosecutorial Council (HJPC) and Law on Courts;

Law on Prevention of Conflict of Interest;

Public Procurement law;

electoral reforms and those limited constitutional reforms needed to ensure full compliance with the judgements of the European Court of Human Rights and the Bosnia and Herzegovina Constitutional Court, Venice Commission recommendations and OSCE/ODIHR and GRECO recommendations;

measures to fully restore regular policy dialogue with the EU, including through the SAA structures and take all necessary steps for the country to benefit from EU funds under the Instrument for Pre-Accession Assistance (IPA III), including by timely ratifying the Financial Framework and Partnership Agreement.

Furthermore, with the aim for Bosnia and Herzegovina to deliver on a critical mass of reforms and advance decisively on its EU path, agree to take steps:

to ensure fully functioning institutions at Bosnia and Herzegovina level and ensure that decisions in line with Bosnia and Herzegovina level competences are taken at that level, and to undertake constructive dialogue following the elections on fundamental issues concerning the functioning of the country, including adoption of country-wide strategies in areas of shared competences, in line with the key priority requiring to ensure legal certainty on the distribution of competences across levels of government;

to strengthen the prevention and fight against corruption and organised crime, including by ensuring that law enforcement and judiciary can operate independently and have all the necessary means to establish a track record of proactive investigations, confirmed indictments, prosecutions and final convictions, including at high-level.

towards improving the overall functioning of the public administration by ensuring professional and depoliticised civil service.

Pursue Bosnia and Herzegovina’s alignment with the EU Common Foreign and Security Policy including implementation and cooperation in the areas covered by the Common Foreign and Security Policy of the EU, in accordance with Article 10 of the Stabilisation and Association Agreement.

Are committed to take concrete steps to promote an environment conducive to reconciliation in order to overcome the legacies of the war, in line with key priorities and with the Joint statement of the members of the Presidency of Bosnia and Herzegovina, on the occasion of the 25th anniversary of the Dayton Peace Agreement.

Welcome the EU’s active support and dialogue-facilitation, confidence- and trust-building towards completion of the actions above.

Agreed by the following participants from Bosnia and Herzegovina:

(in alphabetical order)

Petar Djokić (SP)

Milorad Dodik (SNSD, member of the Presidency)

Šefik Džaferović (SDA, chair of the Presidency)

Edin Forto, (NS)

Bakir Izetbegović (SDA)

Elmedin Konaković, (NiP)

Željko Komšić (DF, member of the Presidency)

Nermin Nikšić (SDP)

Nermin Ogrešević, (NES)

Elzina Pirić (PDA)

Senad Šepić (NB)

Nenad Stevandić (US)

[1] The representatives from Republika Srpska call for a discussion and adoption of a decision in the BiH Presidency on the situation in Ukraine