III 109th CONGRESS 2d Session S. RES. 400 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 3½-year conflict marked by aggression and genocide in which many tens of thousands lost their lives; 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 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

That it is the sense of the Senate that— (1)it is time for Bosnia and Herzegovina to work toward the creation of a state with more functional, self-sustaining institutions; (2)any agreement on constitutional reform in Bosnia and Herzegovina should advance the principles of democracy and tolerance; (3)the constitutional reforms of Bosnia and Herzegovina should be consistent with, and bring the country closer to, the goal of membership in the European Union; (4)the United States supports the development of Bosnia and Herzegovina as a unified, fully democratic, and stable state on the path toward Euro-Atlantic integration; (5)all parties to negotiations on the reforms of the Constitution of Bosnia and Herzegovina should work together and seek compromises so that a first set of revisions to the Constitution can take effect before national elections in October 2006; (6)all groups responsible for past violence and atrocities in Bosnia and Herzegovina must accept responsibility for their actions and promote reconciliation among the different ethnic groups of Bosnia and Herzegovina; and (7)all levels of government in Bosnia and Herzegovina must comply with the directives of the International Criminal Tribunal for the Former Yugoslavia (ICTY), arrest persons indicted for war crimes, and turn over fugitives to face justice at the International Criminal Tribunal.