Organized by the Konrad Adenauer Stiftung
Normal Honest Government
Ladies and Gentlemen, Your Excellencies,
I am particularly pleased to be able to take part in this conference because the topic – constitutional reform – is clearly of paramount importance to the citizens of
One major challenge is that the process of negotiating constitutional reform – and the fundamental issues at stake – are not widely understood, and for this reason they can easily be turned into a political football. This is a dangerous possibility in an election year, which is why today’s conference is timely and why it can make a very useful contribution.
The Dayton Agreement equipped
Ensuring peace: is good.
Limiting the capacity of governance: is obviously bad.
The Dayton Agreement instituted safeguards for Constituent Peoples and the Entities, but many of these safeguards have been exercised in practice at the expense of good governance.
Even though constitutional reform is not formally linked to the continuation of the presence of the international community, there are of course practical implications – because constitutional reform could resolve the problems that were the reason the OHR was given its executive mandate in the first place.
Constitutional reform must eliminate the tools of obstruction which is the source of instability.
This is the minimum requirement, but it is not the only requirement, because to move forward with EU integration – and indeed to move forward towards efficient governance and prosperity –
Logically, this reform should aim to fulfill the
But equally important is the fact that this kind of reform will meet the criteria of most BiH citizens – it will create conditions for normal honest government.
And normal honest government will ensure that the laws that
Clearly, we have to ensure that the constitutional structure retains effective safeguards that protect the interests of
This can be done.
But the basic thrust of constitutional reform must be to make the government more efficient so that we can get back on the road to Euro-Atlantic integration and end the economic meltdown that has caused such widespread misery.
A recent study carried out by the Konrad Adenauer Stiftung reveals that between 1997 and 2007, out of 260 proposed laws, roughly 60 per cent were rejected as a result of Entity voting.
This does not protect citizens’ rights.
This prevents citizens from receiving the benefits of functioning government.
These blockades have affected important laws, some of them required for EU accession. Over the same period, the High Representative had to enact legislation at the state-level on 92 occasions.
The European Commission, in its 2009 Progress Report on
And the issue of dysfunctional government is not exclusively a matter of Entity vetoes – the Federation government’s finances are in disarray because it is organized in such way as to make it almost impossible for the executive to resist the demands of well-organized interest groups.
The OHR is not going to fix this fundamental problem, at any level of government. The International Community is not going to fix this problem.
This problem can only be fixed by the political leaders of
So far, they have manifestly failed to come up with solutions.
This ought not to be a surprise. We have a chicken and egg situation – because the present constellation of parties is a direct result of a political system designed to sustain the present constellation of parties.
In this respect it is positive that the Council of Ministers and the Parliamentary Assembly have taken some initial actions, particularly in addressing the recent ruling by the European Convention on Human Rights in the Sejdic-Finci case. This is a small step, but it may indicate that the political establishment understands that the status quo is simply no longer tenable.
The political leaders and authorities in
The International Community will not fix the problem, but it is absolutely committed to facilitating a solution. We will work wholeheartedly with every party that sets out to resolve this fundamental challenge facing
The EU is committed to providing technical support and political advice and – I should make this clear – while the International Community will not fix the problem the International Community will not allow any roll-back of reforms achieved over the last 15 years, nor will it allow the sovereignty and territorial integrity of Bosnia and Herzegovina to be challenged.
So the parameters in which the exercise is taking place are clear. Constitutional reform must focus on delivering government that has the capacity to govern fairly, honestly and efficiently.
Speculation about creating new and deeper divisions in this society is simply a time-wasting distraction from the desperately urgent task of turning the economy around and getting
Thank you