mostarac wrote:
nije
je li to spominjes onu rezoluciju od 23 clana sto je hare navodio clan 35
Jeste potvrdilo je...
...The Assembly expects people and politicians in Bosnia and Herzegovina to again discuss constitutional reform immediately after the October general elections, and if they decide to do this on the basis of the existing proposals,
to eliminate at least the entity voting in the House of Representatives and to define more precisely the vital national interest and the related veto mechanism.
A u objasnjenjima rezolucije kaze se izmedju ostalog:
28. For many observers however, it was obvious from day one that the parties treated the whole process as a power game3.
Parties from Republika Srpska (RS) entered the negotiations under condition that Bosnia's division into entities would not be on the table, nor would the "entity voting system" in the House of Representatives be discussed -- even though these two aspects of Bosnia's post-war set-up had been identified by most independent observers as among Dayton's key deficiencies.
31. Parties from RS insisted on keeping this system for purely political purposes –
this mechanism has ensured that nothing can be done in Bosnia without the explicit approval from the RS.
30. The entity voting system consists of decision-making procedures in Bosnia's state-level parliament whereby all decisions need to be taken by a majority that includes one-third of the delegates from each entity.
According to many expert opinions, most notably those issued by the Venice Commission, this protection against majority rule by the largest ethnic group is redundant since all decisions need to be approved anyway by the upper chamber of parliament, which can block any decision that threatens the national interest of one people.
32.
An important feature of the protection provided by entity voting in the House of Representatives is that there is no remedy to overcome blockage. This was particularly significant in the context of another proposal contained in the amendments, which would have introduced a procedure for indirectly electing the Bosnian presidency, which would subsequently appoint the prime minister.
Preserving entity voting would have meant that the RS would have been in a position to indefinitely block the formation of a state-level government.
33. This is a decisive difference to disputes involving national interests in the House of People, where the issue is eventually referred to the Constitutional Court, whose decisions are binding. Of its nine judges, two are from each of the three constituent peoples, while three are foreigners. This makes it impossible to predict whether a specific issue will indeed be ruled as involving the national interest of a particular people, and it certainly does not allow much room for abusing the right to invoke the national interest protection clause.
For political purposes, then, the entity voting system is a much more powerful instrument.
34.
It is also a powerful instrument to ward off any attempts in a second phase of constitutional reform, a possibility announced before the conclusion of the first phase, to tackle the entity set-up. Any second phase would under these circumstances have had to accept the entity structure as a given.
35.
This system of voting has been particularly unfair to the smallest constituent people, the Croats, who would indeed be in an unequal position with the two other peoples and would never be able to realize any of the benefits the model provides to the other two peoples. "Others", who do not identify with any of the three constituent peoples, would be in a similar situation.
36. The lesson from this constitutional episode is thus straightforward:
a key reason for its failure was the unanimous insistence by all RS parties on keeping entity voting. Should the international community have the appetite for another effort at "facilitating" constitutional change it will need to address this issue more thoroughly and resolutely since it is nothing but a demonstration of war-time thinking from the RS. If the failed proposal is to be more successful in parliament – and it is likely that future reform initiatives will take it as their point of departure – the entity voting clause must be dropped.
The parties from RS need to be persuaded that protection mechanisms need to be equal for all, and that in today's peaceful environment the House of Peoples provides such protection for any truly genuine issue of national interest.
72.
As a first step we expect people and politicians in BOSNIA AND HERZEGOVINA
to again discuss constitutional reform immediately after the October general elections, and if they decide to do this on the basis of the proposals agreed upon so far, to eliminate at least the entity voting in the House of Representatives and to define more precisely the vital national interest and the related veto mechanism. In this respect, we urge the House of Representatives to take into account all the different recommendations made by the Venice Commission in its Provisional Opinion dated 7 April 2006, both on the text of the failed amendments and on the steps to be taken in the next phase of constitutional reform.
74. As a second step we would therefore urge the authorities of Bosnia and Herzegovina by October 2010 at the latest, to draft and adopt a new Constitution in order to:
-
to replace the mechanisms of ethnic representation by representation based on the civic principle notably by ending the constitutional discrimination against "Others";
-
to find efficient and rational decision-making procedures that are not sacrificed to the principle of involving representatives of each constituent people in any decision;
-
to review the territorial organisation of the State and its division into entities, cantons and municipalities and the repartition of competences between the state and the lower levels with a view to increasing efficiency and sustainability;
- to review the necessity of having three official languages;
- to examine how to integrate the Brčko District.
Tako rekose u rezoluciji, pa ti vidi ko je lud ovdje Zlatko Lagumdzija koji vam prosipa prasinu u oci ili...
Jeste da si sakriven iza nicka, ali valja se sutra peglati s mjenjanjem istog, s mjenjanjem retorike... Ali mjenjanje pjesme je nesto sto je tebi i slicnim tebi poznato i blisko, zar ne? 
