III 

109TH CONGRESS 

2D SESSION S. RES. 400 

Expressing the sense of the Senate on the constitutional reform process 

in Bosnia and Herzegovina. 

IN THE SENATE OF THE UNITED STATES 

MARCH 13, 2006 

Mr. BIDEN (for himself, Mr. SMITH, Mr. LUGAR, and Mr. DURBIN) submitted 

the following resolution; which was considered and agreed to 

RESOLUTION 

Expressing the sense of the Senate on the constitutional 

reform process in Bosnia and Herzegovina. 

Whereas the General Framework Agreement for Peace in 

Bosnia and Herzegovina (commonly referred to as the 

‘‘Dayton Peace Accords’’) was agreed to at Wright Patterson Air Force Base in Dayton, Ohio, on November 21, 

1995; 

Whereas the signing of the Dayton Peace Accords was a historic accomplishment that was made possible through the 

strong leadership of the United States; 

Whereas the signing of the Dayton Peace Accords ended a 

brutal 31⁄2-year conflict marked by aggression and genocide in which many tens of thousands lost their lives; 


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Whereas the Dayton Peace Accords created a framework for 

a common state in Bosnia and Herzegovina, but was 

crafted amidst the exigencies of war and included many 

compromises imposed by the need for quick action to preserve human life; 

Whereas in the 10 years since the signing of the Dayton 

Peace Accords, there has been considerable progress in 

building a peaceful society in Bosnia and Herzegovina; 

Whereas this progress in building a peaceful society has been 

facilitated by both the citizens of the country and the 

international community; 

Whereas, during the 9 years that the peacekeepers of the 

North Atlantic Treaty Organization worked to keep order 

in Bosnia and Herzegovina, their forces suffered no intentional casualties and never fired a single shot in combat; 

Whereas Bosnia and Herzegovina has demonstrated a willingness to contribute to the work of the international community and sent 36 troops to assist in efforts to stabilize 

the country of Iraq; 

Whereas the full incorporation of Bosnia and Herzegovina 

into the Euro-Atlantic community is in the national interest of the United States; 

Whereas, past accomplishments notwithstanding, the citizens 

of Bosnia and Herzegovina continue to face significant 

challenges on their road toward further Euro-Atlantic integration; 

Whereas the Council of Europe’s Venice Commission has concluded that the current constitutional arrangements of 

Bosnia and Herzegovina are neither efficient nor rational, and that the state-level institutions need to become 


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more effective and democratic if Bosnia and Herzegovina 

is to move toward membership in the European Union; 

Whereas Secretary of State Condoleezza Rice has said that 

the people of Bosnia and Herzegovina need ‘‘a stronger, 

energetic state capable of advancing the public good’’ and 

pledged that the United States will remain a dedicated 

partner to Bosnia and Herzegovina as it moves toward 

further Euro-Atlantic integration; 

Whereas leaders of Bosnia and Herzegovina have already 

agreed to significant reforms of the budget process, intelligence services, criminal prosecution offices, justice ministry, border and customs services, and defense sector; 

Whereas, on November 22, 2005, political leaders of Bosnia 

and Herzegovina met in Washington and signed a Commitment to Pursue Constitutional Reform in which members pledged to continue working toward the creation of 

stronger and more efficient democratic institutions; and 

Whereas it is imperative that changes to the constitution of 

Bosnia and Herzegovina be agreed to by April 2006 to 

take effect prior to national elections in October 2006: 

Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) it is time for Bosnia and Herzegovina to 

3 work toward the creation of a state with more func4 tional, self-sustaining institutions; 

5 (2) any agreement on constitutional reform in 

6 Bosnia and Herzegovina should advance the prin7 ciples of democracy and tolerance; 


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1 (3) the constitutional reforms of Bosnia and 

2 Herzegovina should be consistent with, and bring 

3 the country closer to, the goal of membership in the 

4 European Union; 

5 (4) the United States supports the development 

6 of Bosnia and Herzegovina as a unified, fully demo7 cratic, and stable state on the path toward Euro-At8 lantic integration; 

9 (5) all parties to negotiations on the reforms of 

10 the Constitution of Bosnia and Herzegovina should 

11 work together and seek compromises so that a first 

12 set of revisions to the Constitution can take effect 

13 before national elections in October 2006; 

14 (6) all groups responsible for past violence and 

15 atrocities in Bosnia and Herzegovina must accept 

16 responsibility for their actions and promote reconcili17 ation among the different ethnic groups of Bosnia 

18 and Herzegovina; and 

19 (7) all levels of government in Bosnia and 

20 Herzegovina must comply with the directives of the 

21 International Criminal Tribunal for the Former 

22 Yugoslavia (ICTY), arrest persons indicted for war 

23 crimes, and turn over fugitives to face justice at the 

24 International Criminal Tribunal. 

Æ 


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