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

  • Country/entity
    Bosnia and Herzegovina
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    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) )
  • 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.


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