Apel

The situation in Bosnia from day to day is kaotičnije.Čuju a public call for the dissolution of the country, nationalism threatens to return to the darkest nineties of last century. The Council of Ministers has been formed 14 months after the election. After each meeting, the leaders of the six sites there is less optimism. Last negotiations held in Italy is another reason for concern. Not only that there was no convergence of view, but political leaders put new conditions, such as incorporation in the Constitution of the disassociation and the return of war creations. New elections are the only solution. However, new elections could bring only a mapping state as we already have in the Parlement of BiH and the unsuccessful attempt to form a new government. It is clear that the problem in the Dayton structure of a country that allows enemies multiethnic BiH to indefinitely hinder its development and the path towards Euro-Atlantic integration, leaving the country in the dark nationalism, provincialism, and insanity.

Recognizing the historic moment and a duty intelktualaca, some of the most important and most Bosnian intellectuals such as Esad Bajtala, Abdulah Sarcevic, Safet Zec, Svetlana Broz .... make the "open call" exhibiting certain political decisions and constitutional principles to which, in their opinion, could begin the reconstruction process complete and unified, multiethnic and multicultural, sustainable and legal functioning of the European countries of Bosnia and Herzegovina.

Portal tačno.net joined the appeal.

Intellectuals Appeal in its entirety.

OPEN APPEAL 204 Bosnian intellectuals - university professors, scientists, writers and artists from home and abroad, together with ten apolitical organization of a democratic civil society for the rapid restoration of full, multi-ethnic, functional, sustainable and prosperous European state of equal citizens and equal nations, democratic Bosnia and Herzegovina

The appeal is referred to the United Nations, OSCE, the United States and the European Union, as well as the official organ of the state of Bosnia and Herzegovina

Sarajevo, November 2011th

Concerned for the fate of our beautiful but suffering country, please - the responsible statesmen of the world and our country - that, in the name of the fundamental values ​​of humanity, do everything in your power to renew and strengthen democratic, multiethnic and multicultural character of Bosnia and Herzegovina as mezavisne, unique, viable, functional and prosperous European countries.

The Dayton-Paris Agreement (November-December 1995.), Under pressure from the international community, was interrupted by the war in Bosnia and Herzegovina (1992.-1995.). This fact undoubtedly be considered as a positive achievement.

Unfortunately, all subsequent events have shown that termination of military operations was almost the only positive achievement of the agreement in relation to the restoration of Bosnia and Herzegovina as a whole, independent and multi-ethnic, democratic and functional state.

Some of the solutions from the Dayton-Paris Agreement, the extracted imperative to stop the armed conflict, are not in accordance with international democratic standards, and have proved to be an insurmountable obstacle in all aspects of the reintegration of Bosnia and Herzegovina as a unified state of equal citizens and nations.

The Dayton-Paris Agreement changed the name of our country, excluding the title the word "Republic" which was, however, retained the name of one of the entities.

Legalized the state established by force and genocidal policies and practices of the forces that are created, started and led to war.Administrative structures were formed without any foothold in our tradition, and which are not common in relation to the standards of other multinational democratic states.

Entities established by the Dayton-Paris accords largely failed to comply with two basic provisions of the agreement - the provision of bringing to justice and punish those responsible for crimes, and provision for the return of displaced persons and refugees to their homes.

From the structure of the entity are eliminated in the forces that are conceived, initiated and led the war (as was done denazification in Germany after the Second World War), so they remain politically active today.

Disabling the return of refugees and displaced persons was changed to a national structure of population of Bosnia and Herzegovina.

In such circumstances, an abuse of the entity voting and positions dezintegracionih nationalist forces become dominant, while the role of democratic integration of elements of Bosnian society completely degrades and marginalizes. In this way, blocking any initiative that, by improving the constitutional arrangements or in other ways, such an untenable situation changed in terms of establishing a genuine, democratic, multiethnic and multicultural society, devoid of discrimination and apartheid on national, religious, political or other grounds.

In support of our finding of the unsustainability of this situation speaks score of the European Court of Human Rights according to which the constitutional system of Bosnia and Herzegovina discriminatory and contravenes the European Convention on Human Rights. And the score and all other positive initiatives are entirely ignored.

Serious analysts pointed to a difficult situation in all aspects of life in Bosnia and Herzegovina, regardless of the entity or the nationality of its citizens.

Entity artificial boundaries established by military force the international community under the Dayton Accords, most were beheaded Bosnian large enterprises, which were carriers of goods and services exports from the country. Thus, their heads remain in control once a plant in another entity. In addition to poor management of a fragmented state in all spheres of government, it is no wonder that the current export of goods and services from both entities, 16 years after Dayton "cold peace", it seems only half its pre-war exports from the whole of Bosnia and Herzegovina, in 1990. year. And because foreign country's debt is growing exponentially.

Therefore, the need for radical change. And that means - Bosnian democratic civil society, together with the international community, must enter into a critical

process that changes the overall, long-lasting negative nationalistic status-quo, which does not allow for progress and hope for the future.This means, also, to rebuild a complete, multi-ethnic, functional and European countries, Bosnia and Herzegovina, which is strategic and brutally destroyed in the war (1992.-1995.), And essentially is not renewed by the Dayton Accords (1995)..

As a practical consequence of this destruction of the state we have today in the country exposure of hate speech by some leading politicians. It is obvious that all points to a possible new agony of the inhabitants of Bosnia and Herzegovina, and possibly a new focal point of instability, both in the region and internationally.

Despite the awareness that peace and the future of Bosnia and Herzegovina must create internal forces, we are deeply convinced that the political situation in the country and the composition of the members elected at the last election (October 3 / October 2010.) Is such that without significant intervention by the international community can successfully make any vital decisions about the necessary changes in the existing undemocratic and oktroiranog constitution.

Important evidence for this assertion is the fact that the same oktroirani Constitution, which is the main obstacle to reintegration and functioning of the state, written in Dayton (November 1995). Under the direct leadership of the international community, which today, with its large Bonn powers, trying to control the situation in the country.

The Dayton Agreement was signed without the knowledge of our citizens. Likewise, neither legally Presidency of the Republic of Bosnia and Herzegovina, the state recognized by the United Nations (1992.), Which is the only valid Constitution of the State was entitled to adopt the "Decision" on the signing of the Dayton Accords 16 years ago, never made such a decision, a nor the Parliamentary Assembly of the Republic of the legal Bosnia and Herzegovina.

The fact that even after thirteen months spent formally free elections, dominated by nationalist forces, government is not formed, nor the Council of Ministers, according to the state of Bosnia and Herzegovina, as a radically broken. incapable of normal functioning of the legal, is not capable of developing economies, is not capable of protecting human rights of its citizens at home and abroad and is unable to protect even its own sovereignty from interference by neighboring countries.

 

Ladies and Gentlemen:

Because we are free to to this "open call" set out a certain policy decisions and constitutional principles to which, in our opinion, can begin the process of reconstruction and complete unified, multiethnic and multicultural, sustainable and legal functioning of the European countries of Bosnia and Herzegovina.

Firstly we consider necessary to ensure:

First effective protection of guaranteed human rights and freedoms guaranteed opportunities to achieve the same throughout the territory, without any exceptions and discrimination;

Second instruments for the realization of collective national rights equally for all citizens of all nations and national minorities, and the right to regional and local authorities in accordance with the European Convention on Human Rights and the European Charter of Local Self-Government;

Third realization of the process of regional cooperation as to all its neighbors, without any sign of national protectionism and free to anyone (special parallel relationships of entities and neighboring states addressed as a regional cross-border cooperation in the spirit of generally accepted European practice);

4th establish a rational and efficient organization of government at all levels, in accordance with established standards of advanced democratic states, which will run its legitimacy solely from the national identity and sovereignty of Bosnia and Herzegovina as a state of equal citizens, people who live in it. The right of national veto should be retained only in the House, which should be formed as a true guarantee of equality of all peoples and national minorities;

5th establishment of such internal regionalization, without the national prefix, in Europe, organized and functional state of Bosnia and Herzegovina, using the positive experiences of the centuries-old tradition of connecting people and goods between regions, which necessarily invalidate the results of the recent genocide of any kind in Bosnia and Herzegovina, as required The Convention on the Prevention and Punishment of Genocide, adopted unanimously the Resolution of the General Assembly of the United Nations December 1948. year. In this sense, the real priority is to get organized in the form of the modern districts, such as the District of Brcko, the most vulnerable areas of the genocide with the majority of pre-war Croatian population in the Bosnian Posavina, with pre-war majority Muslim population in eastern Bosnia, where it belongs, and Srebrenica;

6th conditions under which it will intensify and accelerate the accession of Bosnia and Herzegovina's Euro-Atlantic integration.

In the interim, until a new Constitution of Bosnia and Herzegovina, it is possible and necessary to restore the legal force of the Constitution of the Republic of Bosnia and Herzegovina, the Dayton agreement unconstitutionally suspended by the free will of its citizens and the highest legal authority of government (the Presidency of the Republic and Parliament).

The last constitution of the Republic of Bosnia and Herzegovina is also fairly recent, and therefore a legitimate constitutional arrangements of our country. The constitution was abolished communism and allow maintenance of the first free multiparty elections in 1990. year. He has ensured the maintenance of a free referendum for independence firstMarch 1992. , on the basis of which the United Nations recognize the Republic of Bosnia and Herzegovina as an independent state. The constitution also provided that every citizen is equally sovereign in the territory of Bosnia and Herzegovina regardless of ethnic or religious affiliation, which has not been imposed in the case of the Dayton constitution. And nobody has the right to subsequently called into question, or revise the freely and democratically expressed will of citizens.

Dayton model constitution translates into an annex to the constitutional charter of the international peace agreement that does not correspond to the constitution of the act. Thus, the constitutional status in shows like "constitutional government" that has no legitimate constitution.

In our opinion, the new Constitution of Bosnia and Herzegovina, which received a European character, it should incorporate the following basic principles:

First Bosnia and Herzegovina is a secular state for all its constituent citizens and constituent peoples (B / H / S and ethnic minorities) who live in it. Bosnia and Herzegovina is based on the rule of law and social justice, the principles of participatory civil democracy, human and minority rights and liberties, environmental protection, international cooperation and market economy, as well as belonging to the European principles and socio-historical values;

Second sovereignty belongs to the original state of Bosnia and Herzegovina and promotes exclusively from all its citizens and peoples.No state organ, a political organization, group, individual or a nation, can not usurp the exclusive sovereignty or part of the original sovereignty of the state and establish a government by the source of sovereignty;

Third legal system is unique. Arrangement of government rests on the division of powers into legislative, executive and judicial. House of Representatives exercises legislative power on the principle of democratic decision-making, in accordance with the provisions of the Constitution. The House of Peoples protects vital collective interests of all peoples and ethnic minorities alike, using the instruments specified in the Constitution. Executive branch implements the government of Bosnia and Herzegovina, formed the basis of competence, and to reflect the ethnic structure of population of Bosnia and Herzegovina (according to 1991 census. Years);

4th Judicial power is independent of any political or other influences, in this sense it is necessary to restore the Supreme Court of Bosnia and Herzegovina, which had existed since 1909. year (during the Austro-Hungarian rule), and was unconstitutionally eliminated 1997th The agreement of the three leading national / nationalist parties in post-Dayton era (SDA, SDS, HDZ);

5th the presidency does a citizen of BiH, which is elected for four years in general elections for the whole country, with free access to active and passive voting rights for all citizens;

6th control of national borders is the responsibility of the State of Bosnia and Herzegovina. Only the state of Bosnia and Herzegovina shall decide on the nationality of its inhabitants;

7th State of Bosnia and Herzegovina has its own armed forces, police and security services, and lower levels of government have adequate police force. The territory of Bosnia and Herzegovina is indivisible, and any legal documents can be shared. Assets inherited 1991st years after the disintegration of SFR Yugoslavia, the assets of the State of Bosnia and Herzegovina, and nobody has the right arrangements and compromises that alienate, as of natural resources and military assets;

8th Bosnia and Herzegovina is a secular state, and religious communities are separated from the state. No religion can be established as state or mandatory. Religious holidays may not be the holidays States;

9th the Constitution and the law all are equal. Everyone has the right to equal legal protection without discrimination. The right to life and property is inviolable;

10th Economic system in Bosnia and Herzegovina based on market economy, open and free markets, free enterprise, autonomy and equality of businesses and other private forms of ownership. Bosnia and Herzegovina is a common economic area with a single commodity, labor, capital and services;

11th foreign policy based on generally recognized principles and rules of international law and sovereignty belongs to the original state;

12th provisions of the Constitution, which provides a collective national rights and the right to regional and local authorities must be assured protection from possible abuses of these rights in terms of blockade of parliament and other state institutions, or disabling the function of the state as a whole;

13th provisions of the Constitution must be stopped segregation in education and hostility toward others. Also, should bind governments at all levels of the modern role of science, education, culture and art and their need to finance the model of the European developed countries for the welfare of the citizens and to foster unity.

For all the above, we request that before any future discussion and debate on constitutional changes and the new Constitution held a constitutional convention that would convene the Security Council, OSCE, USA and the European Union. At the present Convention shall, in addition to representatives of political structures equitable, non-political structure of democratic civil society, and our (IA-14) (14 initiators of this open appeal).

Law on the preparation of the new Constitution, the constitutional convention and international arbitration should be regulated in the case of contentious issues at the constitutional convention to decide, without delay, to let international arbitration, composed of legal experts on constitutional law, which will select the PIC Steering Board (the Steering Board of PIC). Arbitration to decide the disputed issue on the basis of modern European standards for multinational state, not on war-imposed solutions in the Dayton Accords.

(As evidence that the signatories agreed "Open Appeal", shall be kept in the editorial initiators of the appeal in Sarajevo on their "ID" numbers. Initiators of Appeal, 14 of them, identified as a group

(IA - 14). They are authorized, on behalf of all signatories to sign the appeal and supporting letters):

Sincerely, Bosnian intellectuals from the country and abroad, signatories of the Appeal.

Data on the signatories of the "open plea"

 

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