Oireachtas Joint and Select Committees

Tuesday, 4 December 2012

Joint Oireachtas Committee on European Union Affairs

Developments in Bosnia-Herzegovina: Discussion

2:00 pm

Ms Mary Anne Hennessey:

I thank the joint committee for its invitation and hope to bring an additional perspective to its deliberations on recent developments in Bosnia-Herzegovina and the upcoming Irish Presidency of the European Union.

Since April 2002 Bosnia-Herzegovina has been a member state of the Council of Europe, of which Ireland was a founding member. Unfortunately, ten years on some of the most important accession commitments have not been met. I refer to the obligations of Bosnia-Herzegovina on becoming a member state and will highlight three of them. The first was to ensure the compatibility of all laws with the European Convention on Human Rights, notably the constitution; the second was to ensure the independence and efficiency of the justice system; and the third was to continue education reform and end segregation and discrimination on the basis of ethnic origin within the education system. I stress these three issues because they are essential stumbling blocks to Bosnia-Herzegovina's continued European integration. Taken together, they illustrate a lack of integration of European values in public affairs, administration, civic and political life.

European integration, notably integration with the European Union, is, in large part, a technical exercise. There are many laws to be harmonised and agencies to be set up. However, all European institutions, in particular the Council of Europe since 1949, acknowledge that Europe is, first and foremost, a community of values. Democracy, human rights and the rule of law are our common values that underpin all additional structures, be they economic, monetary, community, military or security co-operation. I emphasise values primarily because I wish to emphasise the role Ireland could play in this regard during its Presidency.

On recent developments, I will go back only as far as 2010. In October 2010 most of us believed there were very hopeful signs of modernisation and Europeanisation among the Bosnian electorate when, for the first time since the war, non-ethnic nationalist parties won significantly at the polls and seemed poised to push forward an agenda of democratisation and European integration. However, the old ghosts of nationalism, collectivism, cronyism, corruption and propaganda fought back hard. When a coalition political agreement was finally reached at the end of 2011, 2012 was heralded as the year of Europe for Bosnia-Herzegovina. Instead, it was the year of the Sestorka - the Bosnian word for the "Six", or the six party leaders. The Six made, broke and made new deals, and all the while the business of the people was left aside for the most part. The international community, in which I include the Council of Europe and all international community organisations, acquiesced in this performance by touting political agreements made by the Six and not challenging the extra-institutional nature of this manner of proceeding. In October 2012, just one month ago, at the local elections we witnessed a resurgence of success for the same post-war nationalist-type parties. This was based on the electorate's broad disappointment at the lack of change brought about by those who had won at the 2010 elections. At the end of 2012, we are seeing the third state-level government which was inaugurated only a few days ago. A new configuration of the Six has less than two years, or until the next general election, to make significant progress, not only on European integration but, before that, in fulfilling its Council of Europe obligations. I refer specificially to the Sejdić and Finci judgment of the European Court of Human Rights which requires amendments to be made to the constitution. This must be done before the next elections, in the first place to avoid having membership of the Council of Europe questioned and, second, to allow the SAA to enter into force to move on the issues of EU integration and the application for membership. Many other urgent issues also await attention.

I do not wish to paint only a negative picture. In theory, the new Six coalition has potential because its members have the parliamentary majority required to move the European integration agenda forward, if they prioritise it, take heed of European standards and take advice from the EU delegation and the Council of Europe on the legislation they should propose and the standards they should fulfil. I have a great deal of optimism for Bosnia-Herzegovina, especially its future, judging by the young people and civil society activists with whom I have been able to work. For that potential to be realised in full, however, Bosnia-Herzegovina must first integrate European values. Education and constitutional reform will be essential for this to happen. In addition, the international community must provide a constant and forceful reminder of these values and the centrality of citizens to democracy. Democracy, human rights and the rule of law are the main values of the Council of Europe but, not coincidentally, they also form the heart of the Copenhagen criteria for accession to the European Union. In other words, they are the ABC of European integration. It goes without saying there seems little point in sitting the leaving certificate examination, to which one might liken the process of EU integration, if one has not first mastered the ABC.

The international community can play a more constructive role in getting Bosnia-Herzegovina to this point and Ireland, in particular, can be a leader. It has a strong moral voice, not only because of its experience in overcoming conflict through political compromise and with major economic and social reforms. This strong moral voice can be leveraged at the highest political level in Bosnia-Herzegovina during the Irish Presidency. Bosnian politicians and citizens will be sensitive to the lessons of Ireland's successes, as well to the possibility of avoiding its less successful experiences. A few days from now Ireland will complete its OSCE chairmanship in office and be able to turn to its EU Presidency duties. During this period the Irish leadership, in emphasising the need for political compromise and the integration of European values, could give a real chance to reform while there is still time ahead of the next general election. If 2013 can be the year of reform in Bosnia-Herzegovina, encompassing constitutional and institutional reform, strengthening the independence of the justice system, the competence of local self-government, parliamentary responsibility and the enforcement of accountability mechanisms, 2014 could be the year of European integration for Bosnia-Herzegovina. The country could be put on the path to sustainable reforms, the integration of European values and EU and euro-Atlantic integration. This is the time to work jointly to ensure Bosnia-Herzegovina will not be a failed state and that its talented young people will have the opportunity to lead their country into the European Union. Artificially pushing forward the process of EU integration, rather than pushing for the integration of European values, standards and practices, would be totally insufficient. I make a plea to the international community to focus on the ABC of values and standards, beginning with those of the Council of Europe - democracy, human rights and the rule of law. Propelled by strong conditionality on the part of the European Union, this approach offers the best hope to achieve concrete results. This is the joint challenge for all of the European institutions: the Council of Europe, the OSCE and the European Union.

This is a challenge the meeting of which is uniquely suited to Irish leadership, both by Ireland's own example and by its strong, confident and principled voice, which should be amplified by its EU Presidency in 2013. I will be happy to discuss any matters in which members are interested.

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