IV 
★
111TH CONGRESS 
1ST SESSION 
H. RES. 171 
Expressing the sense of the House of Representatives on the need for constitu-
tional 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 Bos-
nia and Herzegovina (commonly referred to as the ‘‘Day-
ton Peace Accords’’), which was agreed to at Wright Pat-
terson Air Force Base in Dayton, Ohio, on November 21, 
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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 com-
munity 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 sov-
ereignty, legal continuity, and territorial integrity of Bos-
nia 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 inter-
est of the United States and important for the stabiliza-
tion 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 in-
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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 sign-
ing a Stabilization and Association Agreement (SAA) in 
June 2008; 
Whereas the international community has successfully pre-
served 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 im-
plementation of the civilian aspects of the Dayton Peace 
Accords, including through use of the extensive powers 
given it by the international Peace Implementation Coun-
cil (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 sig-
nificant challenges in its efforts to progress toward Euro- 
Atlantic integration; 
Whereas the Dayton Peace Accords included many com-
promises imposed by the need for quick action to pre-
serve human life that have hindered efforts to develop ef-
ficient and effective political institutions; 
Whereas the Council of Europe’s Venice Commission has con-
cluded that the current constitutional arrangements of 
Bosnia and Herzegovina are neither efficient nor ration-
al, 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 req-
uisite two-thirds majority in parliament; 
Whereas in February 2008, the PIC stipulated five objectives 
(resolution of state property, resolution of defense prop-
erty, completion of Brcko Final Award, fiscal sustain-
ability, and entrenchment of rule of law) and two condi-
tions (signing of SAA with the EU and a ‘‘positive as-
sessment’’ by the PIC) that must be met before the OHR 
is closed; and 
Whereas the March 2009 meeting of the PIC provides a crit-
ical opportunity for an honest and accurate assessment of 
whether Bosnia and Herzegovina have met the five condi-
tions and two principles established to determine when 
the OHR should be closed and oversight power trans-
ferred to the EUSR: Now, therefore, be it 
Resolved, That it is the sense of the House of Rep-
resentatives that— 
(1) it is increasingly urgent that Bosnia and 
Herzegovina work toward the creation of an efficient 
and effective state able to meet its domestic and 
international obligations with more functional insti-
tutions, including a state government capable of 
making self-sustaining reforms and fulfilling Euro-
pean Union (EU) and North Atlantic Treaty Orga-
nization (NATO) requirements; 
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(2) any agreement on constitutional reform in 
Bosnia and Herzegovina should advance the prin-
ciples of democracy and tolerance, rectify provisions 
that conflict with the European Charter of Human 
Rights, include the general public in the process, 
and be consistent with the goal of EU membership; 
(3) continued efforts should be made domesti-
cally and at the International Criminal Tribunal for 
Yugoslavia (ICTY) to achieve justice for victims of 
war crimes, crimes against humanity, and genocide, 
as well as to promote reconciliation among ethnic 
groups; 
(4) the United States should appoint a Special 
Envoy to the Balkans who can work in partnership 
with the EU and political leaders in Bosnia and 
Herzegovina to facilitate reforms at all levels of gov-
ernment and society, while also assisting the political 
development of other countries in the region; 
(5) the Office of the High Representative 
(OHR) should not be closed until the Peace Imple-
mentation Council (PIC) can definitively determine 
that Bosnia and Herzegovina have met the five con-
ditions and two principles; 
(6) the EU should carefully consider its plans 
for the future deployment of the European Union 
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Force (EUFOR) given the psychological reassurance 
of security and deterrence of violence provided by its 
continued presence in Bosnia and Herzegovina; and 
(7) the United States should work closely with 
and support the EU in the transition to a European 
Union Special Representative (EUSR) to ensure 
that the EUSR has the authority and tools to man-
age effectively post-OHR Bosnia and Herzegovina, 
including a clear set of EU candidacy and member-
ship conditions with explicit and objective yardsticks 
and a precise list of benchmarks to increase the 
functionality of the Bosnian state to be achieved by 
constitutional reform. 
Æ 
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