IV 

★

111TH CONGRESS 

1ST SESSION H. RES. 171 

Expressing the sense of the House of Representatives on the need for constitutional reform in Bosnia and Herzegovina and the importance of sustained 

United States engagement in partnership with the European Union (EU). 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2009 

Mr. BERMAN (for himself, Mr. WEXLER, Mr. HASTINGS of Florida, Mr. 

SMITH of New Jersey, Mr. CARNAHAN, Mr. FORTENBERRY, Mr. ENGEL, 

Mr. KIRK, and Mr. POMEROY) submitted the following resolution; which 

was referred to the Committee on Foreign Affairs 

RESOLUTION 

Expressing the sense of the House of Representatives on 

the need for constitutional reform in Bosnia and 

Herzegovina and the importance of sustained United 

States engagement in partnership with the European 

Union (EU). 

Whereas a brutal conflict marked by aggression and ethnic 

cleansing, including the commission of war crimes, crimes 

against humanity, and genocide, was brought to an end 

by the General Framework Agreement for Peace in Bosnia and Herzegovina (commonly referred to as the ‘‘Dayton Peace Accords’’), which was agreed to at Wright Patterson Air Force Base in Dayton, Ohio, on November 21, 


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HRES 171 IH1S 

1995, and signed in Paris, France, on December 14, 

1995; 

Whereas in the 13 years since the signing of the Dayton 

Peace Accords, the people of Bosnia and Herzegovina 

have worked in partnership with the international community to achieve considerable progress in building a 

peaceful and democratic society based on the rule of law, 

respect for human rights, and a free market economy; 

Whereas political leaders of Bosnia and Herzegovina have 

agreed to significant reforms of public administration and 

broadcasting, the creation of state-level law enforcement 

and judicial institutions, the establishment of a unified 

armed services and Ministry of Defense, and the creation 

of an Indirect Taxation Authority; 

Whereas the United States has continued to support the sovereignty, legal continuity, and territorial integrity of Bosnia and Herzegovina within its internationally recognized 

borders as well as the equality of the three constituent 

peoples and others within a united, multi-ethnic country 

in accordance with the Dayton Peace Accords; 

Whereas the full incorporation of Bosnia and Herzegovina 

into the Euro-Atlantic community is in the national interest of the United States and important for the stabilization of southeastern Europe; 

Whereas Bosnia and Herzegovina committed to the shared 

values of democracy, security, and stability by joining the 

Partnership for Peace program of the North Atlantic 

Treaty Organization (NATO) in December 2006; 

Whereas NATO recognized Bosnia and Herzegovina’s 

progress in achieving political and defense reforms by inVerDate Nov 24 2008 01:28 Feb 27, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR171.IH HR171

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viting the country to begin an Intensified Dialogue at the 

Bucharest Summit in April 2008; 

Whereas Bosnia and Herzegovina took the first step on the 

road toward European Union (EU) membership by signing a Stabilization and Association Agreement (SAA) in 

June 2008; 

Whereas the international community has successfully preserved peace and stability in Bosnia and Herzegovina 

since the signing of the Dayton Peace Accords, through 

NATO’s Stabilization Force (FOR) and by a European 

Union Force (EUFOR) since December 2004; 

Whereas the Office of the High Representative (OHR) has 

similarly promoted peace and stability by facilitating implementation of the civilian aspects of the Dayton Peace 

Accords, including through use of the extensive powers 

given it by the international Peace Implementation Council (PIC), with the goal of transferring its responsibilities 

to a European Union Special Representative (EUSR) at 

the appropriate time; 

Whereas, these notable accomplishments notwithstanding, the 

citizens of Bosnia and Herzegovina continue to face significant challenges in its efforts to progress toward EuroAtlantic integration; 

Whereas the Dayton Peace Accords included many compromises imposed by the need for quick action to preserve human life that have hindered efforts to develop efficient and effective political institutions; 

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 the country is to move 

toward EU membership; 

Whereas the ‘‘April package’’ of reforms, agreed upon by five 

major political parties in 2006, failed to achieve the requisite two-thirds majority in parliament; 

Whereas in February 2008, the PIC stipulated five objectives 

(resolution of state property, resolution of defense property, completion of Brcko Final Award, fiscal sustainability, and entrenchment of rule of law) and two conditions (signing of SAA with the EU and a ‘‘positive assessment’’ by the PIC) that must be met before the OHR 

is closed; and 

Whereas the March 2009 meeting of the PIC provides a critical opportunity for an honest and accurate assessment of 

whether Bosnia and Herzegovina have met the five conditions and two principles established to determine when 

the OHR should be closed and oversight power transferred to the EUSR: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) it is increasingly urgent that Bosnia and 

4 Herzegovina work toward the creation of an efficient 

5 and effective state able to meet its domestic and 

6 international obligations with more functional insti7 tutions, including a state government capable of 

8 making self-sustaining reforms and fulfilling Euro9 pean Union (EU) and North Atlantic Treaty Orga10 nization (NATO) requirements; 


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1 (2) any agreement on constitutional reform in 

2 Bosnia and Herzegovina should advance the prin3 ciples of democracy and tolerance, rectify provisions 

4 that conflict with the European Charter of Human 

5 Rights, include the general public in the process, 

6 and be consistent with the goal of EU membership; 

7 (3) continued efforts should be made domesti8 cally and at the International Criminal Tribunal for 

9 Yugoslavia (ICTY) to achieve justice for victims of 

10 war crimes, crimes against humanity, and genocide, 

11 as well as to promote reconciliation among ethnic 

12 groups; 

13 (4) the United States should appoint a Special 

14 Envoy to the Balkans who can work in partnership 

15 with the EU and political leaders in Bosnia and 

16 Herzegovina to facilitate reforms at all levels of gov17 ernment and society, while also assisting the political 

18 development of other countries in the region; 

19 (5) the Office of the High Representative 

20 (OHR) should not be closed until the Peace Imple21 mentation Council (PIC) can definitively determine 

22 that Bosnia and Herzegovina have met the five con23 ditions and two principles; 

24 (6) the EU should carefully consider its plans 

25 for the future deployment of the European Union 


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1 Force (EUFOR) given the psychological reassurance 

2 of security and deterrence of violence provided by its 

3 continued presence in Bosnia and Herzegovina; and 

4 (7) the United States should work closely with 

5 and support the EU in the transition to a European 

6 Union Special Representative (EUSR) to ensure 

7 that the EUSR has the authority and tools to man8 age effectively post-OHR Bosnia and Herzegovina, 

9 including a clear set of EU candidacy and member10 ship conditions with explicit and objective yardsticks 

11 and a precise list of benchmarks to increase the 

12 functionality of the Bosnian state to be achieved by 

13 constitutional reform. 

Æ 


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