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PIC SB calls for respect of BiH Constitutional court decisions

By   /   07/12/2016  /   Comments Off on PIC SB calls for respect of BiH Constitutional court decisions

The Peace Implementation Council Steering Board (PIC SB) Political Directors met in Sarajevo to review the process of implementation of the General Framework Agreement for Peace (GFAP), which remains the basis for a stable, secure, and prosperous Bosnia and Herzegovina.

“The PIC SB reminded all parties of their obligation to comply fully with the GFAP, all its annexes, and decisions of the High Representative. It reaffirmed its unequivocal commitment to the territorial integrity and fundamental structure of BiH as a single, sovereign state comprising two entities. The PIC SB restated that entities have no right to secede from BiH and only exist legally by virtue of the BiH Constitution. The PIC SB reminded authorities in BiH that the BiH Constitution is an integral part of the GFAP and that the decisions of the BiH Constitutional Court are final and binding and must be implemented. The PIC SB reiterated its full support for the High Representative in ensuring complete respect for the GFAP and carrying out his mandate under Annex 10 and relevant UN Security Council Resolutions, which remains unchanged. It underlined that the International Community retains the necessary instruments to uphold the GFAP. The PIC SB emphasized the need to fully implement the 5+2 agenda, which remains necessary for the closure of the Office of the High Representative”, emphasized the PIC SB in the Communique issued after meeting.

This document is agreed on the session except the paragraph where it was said that the PIC SB took note of the annulment by the BiH Constitutional Court of the results of the referendum on the Day of Republika Srpska on the grounds that it was carried out on the basis of a decision which the Court had confirmed is not in accordance with the Constitution of BiH and contrary to the order of the Court set forth in its interim measure.

“The PIC SB called for full respect for the relevant decision of the BiH Constitutional Court on the RS Law on Holidays. They also underlined the need to respect the rule of law, and the authority of all State-level judicial institutions”, said PIC SB on the end of paragraph which was opposed by Russian representative.

In the document, the PIC SB encouraged all BiH’s leaders to contribute to political stability by resolving disputes through dialogue. State-level competences must not be undermined and entity-level competences should also continue to be fully respected. The PIC SB called on the authorities to ensure the proper functioning of institutions at all levels, including those responsible for upholding the rule of law. Also, the PIC SB in particular called upon the responsible political leaders in the FBIH to unblock the work of the Federation parliament, whose houses have met infrequently since July, and which must not be held hostage by the lack of consensus over certain legislative proposals.

“The PIC SB strongly urged all political, social and religious leaders in BiH to advance mutual understanding and tolerance and to refrain from negative and divisive policies, actions and rhetoric, as well as historical revisionism and the provocative use of symbols, which can have a radicalising effect on individuals and communities. In particular, it is wholly inappropriate for anyone, particularly leaders and institutions, to praise, celebrate or decorate war criminals or WWII-fascist ideology. Genocide, war crimes and crimes against humanity must not be forgotten or denied. The PIC SB encouraged all leaders to jointly take concrete steps towards reconciliation and also called upon all political, social and religious leaders to support the independent work of justice institutions dealing with war crimes and fighting impunity and to promote intensified cooperation among justice institutions of countries in the region”, states the PIC SB in its communique.

In this document, concern over the threats of radicalism and extremism in BiH, including the financing of terrorism was expressed. Welcoming the BiH authorities’ efforts to counter radicalism and terrorism, the PIC SB encouraged the relevant authorities in BiH at all levels to continue efforts to tackle these threats through improved coordination and full cooperation, both internally and with the international community, and to complete the necessary legislative and regulatory steps required by the Financial Action Task Force. /IBNA

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