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Report from the public discussion: “The upgrade of the Constitution of Bosnia and Herzegovina would enable faster European integration” Bijeljina, January 23, 2010

 

At the beginning of this report, FTC would like to emphasise that the realisation of the TV show with the TV station BN from Bijeljina was a pretty good choice we made. During our partnership with the Helsinki Committee for Human Rights in Republic of Srpska, we always made the extra effort to encourage politicians from Bijeljina to take part in public discussion. However, after the realisation of the TV show on January 21, 2010, the turnout of the politicians was excellent. Representatives of both position and opposition parties responded to our invitation to take part in the public discussion. Therefore, FTC believes that the change of the planned activities and realisation of the TV show in Bijeljina instead of Sarajevo was totally a positive change.

The public discussion was realised in the partnership with the Helsinki Committee for Human Rights in Republic of Srpska (Bijeljina) on Saturday, January 23, 2010. in the Drina Hotel, at 11 a.m.
The speakers at the public discussion were Prof. Slavo Kukic from Mostar and Mr Vehid Sehic, the president of Forum of Tuzla Citizens.
Mr Sehic informed the participants about the purpose and the aims of the project and emphasised that we, the representatives of the civil society, believe that the constitutional changes should be implemented in order that the state overcomes the political crisis and to continue with the association process. Passing of the Amendment for Brcko District (by the end of 2009) showed that, when there is political will and international pressure, the changes of the Dayton Constitution are not impossible. Mr Sehic emphasised the necessity to harmonise the Constitution with the European Convention on Human Rights and prohibition of any kind of discrimination. The state of Bosnia and Herzegovina today has is even more obliged to do so having in mind the recent decision of the court in Strasbourg in the case “Finci and Sejdic vs. the state of Bosnia and Herzegovina”.
Prof. Kukic reminded the participants about the importance of the Constitution as the highest legal act in a country, and emphasised that the actual situation in the society should be harmonised with the legal norms. This means that, besides the changes of Constitution, Bosnia and Herzegovina as society has to work on establishment and re-building of trust into society, i.e. re-building of trust among the ethnic groups in Bosnia and Herzegovina. Prof. Kukic pointed out three basic principles for changing the Constitution from the perspective of the civil society: the principle of protection of basic human and civil rights; the principle of protection of collective rights; and the principle of more economical structure of the administration that will not be the purpose to itself, as it is now.
After the introductory speeches, three-hour discussion was very lively and dynamic and it showed that the attitudes and opinions of the representatives of the political parties are pretty different. Mr Jusuf Trbic, the vice president of the Assembly of the Municipality Bijeljina, SDA, said that the situation in the Bosnian society cannot be solved without passing of the new Constitution. He also stated that ethnic territories are being “cleansed” more and more (i.e. that others and different are not welcome), that ruling ethnocracy did nothing to overcome current political and economic situation, that the referendum should be organised to see if the citizens of Bosnia and Herzegovina want to pass the new Constitution or they want just cosmetic changes that will protect current situation. Therefore, Mr Trbic believes that the new Constitution should: define the new territorial organisation of the state in order to overcome ethno-nationalistic divisions, establish the cheaper state; and that the new Constitution should overcome the constitutive peoples and be made in favour of the civil state.
Mr Gavrilo Antonic (PDP) confronted this opinion finding it too enthusiastic and believes that any such request cannot get the needed majority in Parliament. Therefore, Mr Antonic pointed out that it should not be forgotten that the current Constitution of Bosnia and Herzegovina had many advantages: it stopped the war, so the constitutional changes should be made only in the domains that would reflect the current social situation that would be now defined by the Constitution. He is absolutely against any kind of participation of the international community in this process.
In addition, Mr Lazar Prodanovic, MP in Parliament of Bosnia and Herzegovina (SNSD), also confronted Trbic’s opinion saying that the constitutional changes should be done step by step and that the state should have only those authorities that are needed for Stabilisation and Association Process. He advocates three-level authorities, obliging all of them to implement the international documents. He is really in favour of constitutional defining of the local community and giving more authority to it. He believes that the state administration should be rationalised in order to reduce the costs. Therefore, Mr Prodanovic believes that the constitutional changes should go in direction of strengthening of the legislative authorities’ capacities, harmonisation of the Constitution with the European Convention on Human Rights regarding the House of Representatives and the House of Peoples. This would be the maximum of things that can be done now regarding constitutional changes. Mr Prodanovic emphasised that it is not welcome that the international community impose constitutional solutions.
Mr Aco Pantic, NGO “The World for the Balkans”, SDS, and Mr Drago Vukovic, SDS, believe that the Bosnian society is still very conflict society and that any kind of political or any other agreement is hard to reach. Therefore, they believe that such societies, if they want to develop, should contain ethnicity as essence of things and that all other solutions should be built on that.
After discussion and after such presented opinions, it can be concluded that the opinions regarding constitutional changes are still much divided among the political parties from this entity. In Republic of Srpska, no mater which political party it is, constitutional changes are either not supported or they propose only those changes that do not interfere into the authority of the entity of Republic of Srpska. The participation of the international community in that process is mostly not welcomed. As it can be seen, such opinion is directly confronted with the maximal request for the new Constitution (that certain political parties advocate) with unquestionable participation of the international community in that process.
It is very important to highlight the fact that until recent time, representatives of political parties (both position and opposition ones) either did not want to participate in public discussions that were organised in Republic of Srpska or, if they participated, their opinions were very strong and completely unquestionable. Today, however, this public discussion showed that the behaviour of the political parties in Republic of Srpska turned moderate regarding constitutional changes, that they participate in such discussions, and even that opposition parties (SNSD) accept the discussion about certain changes of the Constitution, but still they are against the participation of the international community in the process of constitutional changes and imposing of the constitutional solutions.
Regarding media attention given to this event, it is important to emphasise that it was great. The journalists of all electronic and printed media from Bijeljina responded to our invitation and showed up at the event. Besides usual interviewing of interesting actors of the event, they even spent some time listening to the discussion and the journalist of FTV stayed until the very end of the public discussion. FTC was very surprised to see the journalist of RTRS, who ignored our activities in Republic of Srpska. This is the indicator of weakening of the political pressure of ruling political party SNSD-Milorad Dodik on media. All electronic and printed media (BHT1, FTV, RTRS, BN TV, Hit TV Brcko District) reported about the event very correctly and professionally.

It is important to emphasise that all participants, no mater if they were representatives of the political parties or civil sector, expressed their support to holding of such discussion since they enable presentation of the opinions regarding such important topic as constitutional changes is.

The total of 27 participants took part in the public discussion: representatives of position and opposition political parties who work in legislative or executive authorities at the local level, entity level and state level; as well as representatives of civil society.

As the training material, participants were given booklet “The Upgrade of the Constitution of Bosnia and Herzegovina Would Enable Faster European Integration” – the work of the expert team; the bulletins from all previously realised events, and notebooks and pens.


 
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