US Ambassador to BiH Patrick S. Moon announced a new commentary on his blog on the work of expert groups and reforms in the FBIH, announced the US Embassy to BiH.
Portal “Sarajevo Times” is conveying the entire commentary by Ambassador Moon:
“Just over three months ago, I announced the formation of an expert group to consider options to improve the functionality, efficiency and cost effectiveness of the Federation. While I have been talking about reform of the Federation Constitution for well over a year, it was time to bring together lawyers and experts to put pen to paper. When I announced the group, I said they would work independently, meet with stakeholders independently, and independently develop proposals. I asked only that reforms provide for greater functionality and cost-effectiveness, improve the democratic standards of governance, better serve the needs of all citizens and not further divide BiH.
The expert group has performed well beyond expectations. They analyzed problems in the existing constitution, travelled throughout the Federation to meet with scores of government and civil society representatives, and produced a pragmatic, thoughtful set of draft recommendations. Their “bottom up” approach was enthusiastically embraced. For many interlocutors, it was the first time anyone had ever solicited their opinions and ideas on how to make the Federation work better. This inclusive process will continue, this Wednesday, May 15, when together with the European Union, the U.S. Embassy will sponsor a conference, led by expert group members and attended by a diverse group of civil society representatives, concerned citizens, and others, to facilitate an open and thoughtful discussion on their recommendations.
At the conference, the expert group will present their vision for reform which is based on 181 draft recommendations. The recommendations are the result of their serious, in-depth analysis of the challenges faced in the Federation and represent solutions to some of the most obvious and pressing problems. There is no constitutional package and no constitutional text. Neither I nor anyone at my embassy has dictated any recommendations. There is no “U.S. proposal.” Rather there are 181 very concise, pragmatic recommendations focused on practical changes that people can agree on. They bring significant cost-savings to the functioning of the Federation and cantonal structures. They strengthen equality and respect for human rights for all citizens in the Federation. They improve democratic principles by strengthening the balanced rights of the Federation’s constituent peoples and those who do not declare themselves members of a constituent group. And, perhaps most importantly, they address the issues of functionality that have hampered good governance in the Federation.
While I will leave the details to the experts, I am particularly impressed with their efforts to make recommendations that all citizens of the Federation can support. Ideas like tying parliamentarians’ pay to establishing a government, limiting opportunities to block government formation or the decision-making process, enhancing the authority of local municipalities, and creating a stronger Federation Parliament whose executive reflects the majority. They say what many political leaders are loath to admit – the current system does not serve the best interests of the citizens and is not sustainable. The expert groups’ recommendations to reduce the size of the Federation government, the scope of entitlements and the amount of compensation for politicians reflects social and economic realities in the Federation and will save taxpayers millions of KM a year.
When I started talking about reform in the Federation, I was convinced that there were many relatively simple changes that could be made to improve the Federation Constitution, changes which would be in the interest of all citizens, changes which would not work against any constituent or other group, changes which should be easy for everyone to support. I also knew that the path to success was to abandon the common, and flawed approach that we often see here – the principle of all or nothing. The expert group is recommending a large number of fixes that can be made and would make a difference. The goal of this process is to show that there is support for improving the constitution, and it is possible to find pragmatic changes on which people can agree. With the expert group’s draft recommendations, we are closer to a common understanding of what those reforms can and should be. We have concrete ideas on how to address the painful problems in the Federation. But these recommendations are not final – the expert group wants to hear feedback on their ideas and wants to improve the recommendations before they are given to the Federation’s government and political leaders.
The citizens of the Federation believe their government institutions are broken and must change for the better. Federation reform is a necessity, but I have always maintained that it is up to local authorities, legal experts, civil society leaders, and citizens to craft your own vision of a better, more functional Federation. My embassy will continue to support you in this effort. Ultimately, it is the Federation Parliament that must make constitutional amendments. It is always possible to find excuses and reasons why this effort cannot work. That is easy. However, it is going to be extremely difficult for political leaders to explain to the citizens of the Federation why anyone would reject attempts to make the Federation function effectively and why anyone would deprive them of their right to have a less expensive and more democratic government. Your representatives must decide if they want to correct the dysfunction, high cost, and failures to serve the citizens in the current constitution and make the changes necessary for the Federation to meet the needs and protect the rights of all of its citizens”.
