[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 171 Introduced in House (IH)]

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. 
   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, 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 inviting 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 Euro-Atlantic 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 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
    Resolved, That it is the sense of the House of Representatives 
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 institutions, including a state government 
        capable of making self-sustaining reforms and fulfilling 
        European Union (EU) and North Atlantic Treaty Organization 
        (NATO) requirements;
            (2) any agreement on constitutional reform in Bosnia and 
        Herzegovina should advance the principles 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 domestically 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 government 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 Implementation Council (PIC) can 
        definitively determine that Bosnia and Herzegovina have met the 
        five conditions and two principles;
            (6) the EU should carefully consider its plans for the 
        future deployment of the European Union 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 manage effectively post-OHR Bosnia and 
        Herzegovina, including a clear set of EU candidacy and 
        membership 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.
                                 <all>