[Congressional Record (Bound Edition), Volume 152 (2006), Part 3]
[Senate]
[Pages 3340-3341]
[From the U.S. Government Publishing Office, www.gpo.gov]




   SENATE RESOLUTION 400--EXPRESSING THE SENSE OF THE SENATE ON THE 
        CONSTITUTIONAL REFORM PROCESS IN BOSNIA AND HERZEGOVINA

  Mr. BIDEN (for himself, Mr. Smith, Mr. Lugar, and Mr. Durbin) 
submitted the following resolution, which was considered and agreed to:

                              S. Res. 400

       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 3\1/2\-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
       Resolved, 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;

[[Page 3341]]

       (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.

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