European Parliament recommendation to the Council of 15 March 2007 on Bosnia-Herzegovina (2006/2290(INI))
Date: 2007-03-15
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: Bosnia and Herzegovina, European integration, institutional reform, multiracial State, police cooperation, public safety

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Palestinian population with essential humanitarian aid; notes that Israel has transferred part of the Palestine
tax and customs revenues which it was holding, and calls on the Israeli Government to pay the remainder of
these frozen sums as a matter of urgency; urges the Commission to insist on compliance with the clauses
relating to the Barcelona Process, in particular the human rights clause included in the Association Agree-
ments and the various action plans, in order to achieve a true area of freedom and security in the region;

102.
Believes that, bearing in mind, in particular, the recent steps taken under the European neighbour-
hood policy and also the new presence of China in Africa, the objective of EU foreign policy in the Medi-
terranean is to support and encourage political, democratic and socioeconomic reforms in the partner
countries so as to create together an area of shared prosperity;

103.
Stresses the role of the Euro-Mediterranean Parliamentary Assembly within the partnership as the
democratic body which brings together Members of Parliament from both shores of the Mediterranean
around the three pillars of the Barcelona Process; finally, calls for stronger cooperation between the EMPA,
the Commission and the Council of the European Union in the economic field;

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104.
Instructs its President to forward this resolution to the Council and the Commission, to the Heads
of State and Governments and the Parliaments of the Member States and of the SEMCs and to the EMPA.

P6_TA(2007)0077

Bosnia-Herzegovina

European Parliament recommendation to the Council of 15 March 2007 on Bosnia-Herzegovina
(2006/2290(INI))

The European Parliament,

— having regard to the proposal for a recommendation to the Council by Doris Pack on behalf of
the Group of the European People's Party (Christian Democrats) and European Democrats on Bosnia-
Herzegovina (BiH) (B6-0615/2006),

— having regard to the agreement of 5 October 2005 between representatives of the State and constituent
Entities of BiH which endorses the basic principles set out by the Commission for the restructuring of
police forces,

— having regard to the Council's subsequent decision of 22 November 2005 to open negotiations with

BiH on a Stabilisation and Association Agreement,

— having regard to the agreement reached on 18 March 2006 between leaders of most of the main

political parties in BiH on a number of constitutional amendments,

— having regard to the Peace Implementation Council (PIC) Steering Board's decision of 23 June 2006,
whereby the Office of the High Representative (OHR) should immediately begin preparations with a
view to closing down on 30 June 2007,

— having regard to the fact that the PIC will review and, if appropriate, confirm the OHR closure in early

2007, taking into account the overall situation in the country and in the region,

— having regard to the recent presidential and parliamentary elections in BiH,

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— having regard to the Commission's 2006 Progress Report on BiH (SEC(2006)1384),

Thursday 15 March 2007

— having regard to the conclusions on the Western Balkans of the General Affairs Council of 11 Decem-

ber 2006,

— having regard to Rule 114(3) and Rule 90 of its Rules of Procedure,

— having regard to the report of the Committee on Foreign Affairs (A6-0030/2007),

A. whereas BiH has made the transition from the implementation of the Dayton Peace Agreement of
1995, an agreement which put an end to Europe's bloodiest war since the end of the Second World
War in what was a peaceful and multi-ethnic country, and is now moving towards European integra-
tion, thereby necessitating constitutional changes,

B. whereas the representatives of the State and of the two Entities had agreed that the proposed police
force reform would envisage the transfer to state level of all legislative and budgetary competencies, the
elimination of all political interference in the operation of police forces and the delimitation of territor-
ial units along purely technical and functional lines,

C. whereas that agreement provided for the setting-up of a directorate for restructuring of the police, with
representatives from all levels of government (State, Entity and cantons), whose task was to submit a
proposal for implementation of the reform, including proposals for the demarcation of the new police
territorial units,

D. whereas on 22 December 2006 that directorate submitted to the Council of Ministers of BiH a draft

plan for the implementation of the police structure reform,

E. whereas that draft provides the framework for fulfilling the prerequisites laid down by the Commission

for the conclusion of a Stabilisation and Association Agreement with the European Union,

F. whereas during the recent electoral campaign the Republika Srpska leadership repeatedly issued state-
ments which questioned the agreement on the proposed police reform which it had previously
endorsed,

G. whereas the mandate of the representatives of the Republika Srpska has now been confirmed by pop-

ular vote and their parties are strongly represented at both Entity and State level,

H. whereas the package of constitutional amendments supported by representatives of most of the main
parties in BiH contains a number of proposals which strengthen state-level powers and address certain
dysfunctions in BiH's legislative and executive branches,

I. whereas those proposals do not reform the Entity veto mechanism, notwithstanding that this mechan-

ism can seriously obstruct the work of BiH's Parliament,

J. whereas in the near future deep reflection should be undertaken among the different components of
society in BiH on how to transcend the rigid ethnic division of the country so as to reform its struc-
tures and make it more flexible and compatible with the European democracies,

K. whereas the above-mentioned package of amendments was endorsed by a majority in the Parliament of
BiH but failed, by only two votes, to reach the threshold required for the adoption of the constitutional
amendments,

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L. whereas premature closure of the OHR, based on the legitimate desire to increase the feeling of own-
ership of the political process and to speed up the process of reconciliation between the three main
peoples inside BiH, would have an impact on the stability of the country and on the pace and outcome
of the administrative and constitutional reforms,

M. whereas the persistence of strong ethnic divisions within BiH shows the need for a more integrated,

non-segregationist, modern education system in the country,

N. whereas the experience of inter-ethnic educational establishments which successfully apply a non-segre-
gationist model, such as the establishments sponsored by the Catholic Church in BiH, should be con-
sidered in this context,

1.
Notes with concern that the winners of the parliamentary and presidential elections, who were for-
merly moderate parties, resorted during the campaign to confrontational and divisive language; urges the
parties, especially those that won the elections — irrespective of various recent negative actions and state-
ments — to act quickly to lay the foundations for a strengthened BiH, which is preparing itself to fulfil the
criteria necessary for the conclusion and implementation of the Stabilisation and Association Agreement
and to apply for EU membership in due course;

2. Welcomes the establishment of a government at State level and reminds BiH's political leaders of the
urgent and important reforms they need to undertake, notably with regard to the State's Constitution, the
judiciary, public administration, the business environment, the educational sector, the phytosanitary and
veterinary areas and the environmental field;

3.
Takes the view that the recently submitted draft plan for the implementation of the BiH police struc-
ture reform lays down a clear and balanced allocation of responsibilities between the State and local levels,
providing as it does for the State to adopt a single legal framework for police administration, grant budget-
ary resources and monitor the use thereof, supply support services, coordinate activities between the differ-
ent bodies and levels and provide strategic steering, without infringing the requisite autonomy of local
police units;

4. Welcomes, furthermore, the mechanisms envisaged in the above plan for ensuring transparency in the
selection and appointment of police chiefs and police officers and for monitoring the activities of police
forces at State and local level;

Is of the opinion that the legal provisions for achieving a police structure which matches the ethnic

5.
composition of the population in BiH should be accompanied by an effective monitoring mechanism;

6.
Notes with satisfaction that the criteria put forward for determining the local police areas are based on
the principles of operational efficiency and sustainability and on demographic, social, economic and security
factors, rather than merely on administrative boundaries;

7.
Urges the Council to exert pressure on the relevant authorities in BiH to take all necessary steps to
implement the proposals in the above plan and to remind all parties that the police reform is a key pre-
requisite for the conclusion of the Stabilisation and Association Agreement;

8. Welcomes the fact that the Bosnian governments and police forces have, in general, cooperated with
the International Criminal Tribunal for the former Yugoslavia (ICTY), inter alia by affording access to mili-
tary archives; condemns, however, the failure to arrest all the war criminals still at large on the country's
territory and the fact that documents potentially of use to the investigations have in many cases disappeared;

Calls on the political leadership of BiH to continue in its efforts to cooperate fully with the ICTY and

9.
to dismantle networks supporting indicted war criminals;

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10. Welcomes the decision of the authorities of the Republika Srpska to establish a special body with the
task of improving its cooperation with the ICTY with a view to implementing the ad hoc action plan;
expects,
in this connection, concrete results in the near future with regard to the capture of the main
fugitives;

Urges BiH to continue efforts to improve its economic and fiscal policies, and in particular to

11.
strengthen fiscal coordination, thus contributing to fiscal stability;

Calls on the leadership of BiH to resolve any remaining border disputes with neighbouring countries,

12.
and in particular to respect and ratify an agreement on demarcation of the land and river borders;

Calls on the leaders of BiH to continue in their efforts to implement fully the agreed public broad-

13.
casting reforms;

14.
Calls on the authorities in BiH to implement swiftly the priorities identified in the European partner-
ship; reaffirms that the EU's overall policy towards BiH and the whole region of the Western Balkans is
based on a clear prospect of European integration as set out in the Thessaloniki Agenda of June 2003;

Believes that the constitutional debate should be re-launched immediately, building on the achieve-

15.
ments made so far, but involving

— an in-depth review of the Entity veto mechanism, which should apply only to issues falling under the

shared responsibility of the State and the Entities,

— a clear, exhaustive and at the same time narrow interpretation of the concept of ‘vital national interests’
so as to prevent any ethnically motivated misuse of the related veto instrument for purely obstructionist
purposes,

— a more courageous streamlining of BiH's administrative structures with a view to simplifying and accel-

erating the decision-making process;

Believes that this debate should be conducted in public, with the participation of civil society and
16.
national and international experts; considers that public opinion must be involved in this process so that the
final outcome is owned and recognised as legitimate by everybody;

Invites BiH's Parliament to consider establishing a committee with the specific task of drawing up

17.
comprehensive proposals for constitutional reform;

18.
Takes the view that the European Union, under the aegis of the EU Special Representative, should
play a leading role in re-launching the constitutional debate, notably by facilitating the dialogue between the
parties, supporting initiatives aimed at promoting public debate and providing technical assistance in terms
of expertise to the BiH parliamentarians directly involved in the debate;

Is concerned by the persisting ethnic barriers in BiH, which hamper the development of a national
19.
identity; takes the view that the constitutional arrangements in the Dayton Agreement make it more difficult
to remove such barriers; recalls that the EU experience is that a common identity is fully compatible with
respect for the cultural and religious traditions of the constituent peoples;

20. Welcomes, therefore, a recent statement by the Prime Minister of the Republika Srspka committing
the government of that Entity to preventing any disturbance which could take place in connection with the
Kosovo status settlement;

Considers that, in the context of EU assistance — which, after the reconstruction phase, has focused
21.
on facilitating the adoption of EU standards and laws — increasing attention should be paid to dealing with
the burden of the past, including the issue of persons who went missing during the bloody conflict, and
promoting an inclusive, non-discriminatory education system in BiH, based on tolerance and respect for
diversity;

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22.
Recalls that in practice this means an end to the segregation of different ethnic groups schooled
under the same roof, a debate on the creation of a common curriculum for those in compulsory schooling,
paying special attention to the way in which history is taught, and improved continuing training for tea-
chers;

23.
Calls on the Commission to devolve sufficient funds, under the new Pre-Accession Instrument, to
both of the above-mentioned objectives, not least by providing support to the International Commission on
Missing Persons, and urges the Council, via its EU Special Representative, to promote initiatives in this area;
is of the opinion that the current education system can represent a serious threat to the security of the
country;

24.
Takes the view that it would be in the interests of the citizens of BiH, and would reflect their desire
to avoid conflict in the future, if a national truth and reconciliation commission were established for the
country, which should examine and report on the abuses suffered in the past as well as developing recom-
mendations for steps to be taken to deal with this painful legacy and to prevent the recurrence of any such
inhumanity;

25.
Points out that education is the primary vehicle for reconciliation; considers that the young genera-
tion in BiH should come to grips with the past and learn from it, as did young people in Europe after
World War II, that the future lies in overcoming divisions, promoting mutual understanding and furthering
the values of solidarity, tolerance, democracy, human rights and equality among the citizens of the country;

26.
Refers in this context to the development of inter-ethnic peer mediation courses in schools and of
integrated classes as a way of overcoming formal and informal segregation in the education system of the
Federation of Bosnia and Herzegovina;

27. Warns, therefore, against any attempt to carve out, inside BiH, mono-ethnic territories; reminds BiH
politicians that the international community will not tolerate any measure or policy undermining, directly
or indirectly, the multi-ethnic character, the territorial integrity, the stability and the unity of BiH and of its
entities; calls on the High Representative for Bosnia-Herzegovina to remain particularly vigilant in this
respect and to be more robust in promoting the re-integration of refugees and displaced people throughout
the territory of BiH, and, in particular, in the Republika Srpska, which has a disappointing record as regards
returns of refugees and displaced persons;

28. Welcomes the opening of the first round of negotiations between the EU and BiH on visa facilitation
and looks forward to their conclusion by June 2007, so that the agreement may enter into force in 2008;
emphasises that the ultimate objective must be to facilitate travel to the EU for all citizens of the Western
Balkan countries and calls on the Commission to support this process, notably through measures aimed at
strengthening cooperation in the field of police and border control;

29. Welcomes the role played by the European Union Force in Bosnia and Herzegovina (EUFOR) in
providing a safe and secure environment in BiH; considers that the reduction in the number of troops
recently decided upon by the Council constitutes a clear sign of increased stability in the region;

Commends the work done by the EU Police Mission in Bosnia and Herzegovina in supporting the
30.
development of a modern and efficient police force in BiH; takes the view that the future of that mission
should also be considered in the light of the progress made in the police reform;

laws
31. Welcomes the fact that BiH has signed many international conventions and passed several
aimed at guaranteeing and promoting women's rights; urges the government of BiH to pursue its efforts
towards implementing in practice the principles laid down in those international and national instruments;

In the light of the uncertainties which still surround BiH's future, supports the decision of the PIC to
32.
reconsider its decision of 23 June 2006 and to maintain the OHR with its full prerogatives until June 2008;
takes the view that this extension should also be used to hand over more responsibilities to the local
authorities; welcomes the fact that the Council has adopted a joint action for the EU Special Representative
in Bosnia-Herzegovina which extends the terms of that mandate in order to give the Special Representative
a clear role in furthering the constitutional reforms in BiH;

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33.
Emphasises the need for the international community to speak with one voice in BiH; regrets the
recent announcement by the incumbent EU High Representative/Special Representative of his intention to
step down in June 2007 and commends the work he has carried out during his mandate; urges the Council
to hold an in-depth debate on the nature, scope and duration of the international presence in BiH;

34.
Is also of the opinion that, when the OHR eventually closes down, the EU must provide strong and
coordinated support to help BiH to achieve its long-term aim of European integration as quickly and thor-
oughly as possible; considers that the EU Special Representative must speak up forcefully on behalf of the
European Union inter alia when coordinating all the institutions and agencies of the EU in BiH;

35.
Instructs its President to forward this recommendation to the General Affairs Council and, for infor-
mation, to the Commission, the EU Special Representative/High Representative for Bosnia and Herzegovina
and the governments and parliaments of Bosnia and Herzegovina, of the Republika Srpska and of the
Federation of Bosnia and Herzegovina.

P6_TA(2007)0078

Compliance with the Charter of Fundamental Rights

European Parliament resolution of 15 March 2007 on compliance with the Charter of Fundamental
Rights in the Commission's legislative proposals: methodology for systematic and rigorous
monitoring (2005/2169(INI))

The European Parliament,

— having regard to the Commission Communication on Compliance with the Charter of Fundamental

Rights in Commission legislative proposals (COM(2005)0172),

— having regard to Articles 6 and 7 of the Treaty on European Union (TEU),

— having regard to the Charter of Fundamental Rights of the European Union (1) proclaimed in Nice on

7 December 2000,

— having regard to the Treaty establishing a Constitution for Europe (the constitutional treaty) signed in
Rome on 29 October 2004, which incorporates the provisions of the Charter of Fundamental Rights,
in order to make them legally binding,

— having regard to its resolution of 20 April 2004 on the Commission communication on Article 7 of
the Treaty on European Union: Respect for and promotion of the values on which the European Union
is based (2),

— having regard to its resolution of 26 May 2005 on promotion and protection of fundamental rights:

the role of national and European institutions, including the Fundamental Rights Agency (3),

— having regard to the 2005 Annual Report on the situation of fundamental rights in the European

Union, drawn up by the EU network of independent experts,

— having regard to Council Regulation(EC) No 168/2007 of 15 February 2007) establishing a European
Union Agency for Fundamental Rights (4) and the Declaration by the Council on Police and Judicial
Cooperation in Criminal Matters,

(1) OJ C 364, 18.12.2000, p. 1.
(2) OJ C 104 E, 30.4.2004, p. 408.
(3) OJ C 117 E, 18.5.2006, p. 242.
(4) OJ L 53, 22.2.2007, p. 1.