SIGNALS FROM FRANKFURT - THE COMMUNITY OF CANTONS IN B&H

AIM, ZAGREB, February 22, 1994

The Frankfurt talks between Haris Silajdzic, Prime - Minister of Bosnia & Herzegovina and Mate Granic, Minister of Foreign Affairs of Croatia represent a first important step forward in the resolution of relations between the Republic of Croatia and the Republic of Bosnia & Herzegovina in a way which is promising both for the integrity and survival of both states. The peace initiative forwarded at the Frankfurt Airport could mean a shift both on the Zagreb as well as on the Sarajevo side in seeking a solution to the B&H crisis. The giving up on the idea of Herzeg - Bosnia and acceptance of a cantonized and, in due time, integral neighbourly state, represents a turn on the part of the official Zagreb, which was initiated by the recent approval of the removal of the Herzegovinian obedient servant Mate Boban. On the other hand, the offered peace initiative of Sarajevo points to the consolidation of the Bosnian - Herzegovinian politics which looked for a shift from the course of a national party in the policy of legal government bodies.

Namely, according to the latest decision of the Parliament in Sarajevo, every initiative for the resolution of the war has to be verified by the B&H Assembly. The restoration of legitimacy of the central authority, as well as the first state delegation based on true parity (Silajdzic - Lazovic - Komsic) has also conditioned the basic postulates of the new initiative which takes into account almost all the political forces in the Republic, and particularly the decisions of the Parliament of Croats in B&H.

The basis for defining the peace plan are in fact the principles of the London Conference, which have never been recalled, but have been violated and changed in all the plans drafted to date. The B&H public can recognize these principles in the very text of the Platform of the B&H Presidency on activities under war conditions, which was drafted at the beginning of the aggression on B&H. Thus, the preservation of sovereignty and territorial integrity of B&H within internationally recognized borders, as well as the annulment of the results of the aggression, particularly of ethnic cleansing, are once again, inviolable. A first step towards a peace process would be mutual recognition of all newly created states in the territory of the former Yugoslavia, with Montenegro being mentioned separately from Serbia, after which a place would be made for countries created by the dissolution of former SFRY within the European Union and "Partnership for Peace".

The new initiative claims that all peace processes initiated to date have, by their deviation from the basic principles of the London Conference, shown that the issue of "maps" was insolvable and that all plans, in fact, represented projects for the dismantling of the Republic of Bosnia and Herzegovina. Mutual recognition of states and declarations on the recognition of external borders of the Republic of B&H by all participants in these new negotiations, would be followed by negotiations regarding the constitutional principle with the following key elements

• the constitutional transformation of B&H into a complex state, granting of special status to narrow political - territorial communities with different national composition from the communities which make up the common state, the establishment of a solution whereby the equality of nations in exercising national rights would be secured, the definition of state functions and jurisdiction at different levels of political - territorial communities, as well as the determination of the territories, i.e. area of political
• territorial communities, depending on the solution of the crisis itself.

The acceptance of this initiative in itself means the transformation of Bosnia & Herzegovina into a federal state, while for the specified political - territorial communities the peace initiative of Sarajevo envisages options A and B. According to the first one, the Federal Republic of Bosnia and Herzegovina would consist of cantons, as states whose territories, functions and jurisdictions are established by constitutional principles. Within these cantons, communes would be established as political - territorial communities in which local self-government is realized, while constitutional principles would provide for a special status of communes in which according to 1991 census the absolute or relative majority of the population has a nation which did not constitute the majority in the canton itself with the view to ensuring them the exercise and protection of national rights.

The other option for the Federal Republic of Bosnia and Herzegovina also envisages cantonization, but here the state would consist of the republics whose names, territories, functions and jurisdictions would be determined according to constitutional principles. These republics would be divided into cantons as political - territorial communities, the names and areas of which would be determined according to constitutional principles, while functions and jurisdictions according to the principles and Constitutions of the republics. Communes would be established within the cantons, as political - territorial communities in which local self-government is implemented.

Judging by the Frankfurt talks between Granic and Silajdzic, the second option of the republics and cantons could represent the basis for negotiations. In addition to principles whereby the equality of nations and protection of national rights would be ensured, and which are based on the fundamental postulates and standards of democratic political systems, this peace initiative also envisages principles for the internal system and organization of state authorities. Parliamentary democracy, republican social system, division of authority into legislative, judicial and executive, as well as freedom of association, inviolability of personal property, services, goods, capital, ideas and all human rights and freedoms represent the basic tenets of the internal system of the future federal state of B&H, while the executive authority would be vested in the federal parliament, federal government, President of the Federal Republic (with Presidency as an alternative), federal ministries and federal courts.

The Federal Parliament would consist of the Chamber of Citizens and Chamber of Cantons. The Chamber of Citizens would have 160 representatives who would be elected directly by secret ballot in electoral units, to be formed for each canton separately. The number of representative seats in electoral units would be proportionate to the number of population. The Chamber of Cantons would be made of six representatives to be elected by each Cantonal Parliament. Jurisdictions of both Chambers would be defined by constitutional principles, Constitution and the federal law. In cases when the Federal Parliament has to vote on issues on which, according to constitutional principles, decisions are brought by consensus, the voting would be exercised by the formation of four national groups (the Croats, Bosnians, Serbs, as well as the group of other nationality members), and if the majority of representatives of each national group present and voting, vote in favour, it would be taken that the decision was made by consensus.

The Federal Government would consist of a President, three Vice-Presidents and a specified number of members, which would be determined by constitutional principles. The President of the Federal Government would be elected for a two to one-year term of office, in an order to be determined by constitutional principles so as to ensure equitable appointment to this office from among the members of all nationalities. Vice - Presidents of the Federal Government would be elected in the same manner. Government members, whose number would be determined on the basis of parity, would be elected by the Parliament, on the proposal of the President of the Federal Government. Their term of office would be four years, and they would bring decision by a majority of votes.

The President of the Federal Republic would be elected by the Federal Parliament for a six month term, in such an order which would ensure that this duty is shared by members of all nations equally. Special duties of the President of the Federal Republic would include formal occasions in the country and abroad, reception of foreign heads of states during their visits to the country, acceptance of credentials from foreign diplomatic representatives and other duties, if so specified by constitutional principles. In case the alternative with the Presidency is accepted, instead of one proposing the President of the Federal Republic of B&H, the constitutional principles would determine the composition, election procedure and method of work of that body, while its functions would remain approximately the same as those proposed for the President.

The constitutional principles would also define jurisdiction of federal ministries which would cover foreign affairs, judiciary and administration, finance, reconstruction and development, as well as refugees and displaced persons.

The peace plan envisages the judicial system at the federal and cantonal levels to be based on the independence of the judiciary and the prohibition of establishing extraordinary courts, as well as that all civil rights relating to the judiciary should apply - from the selection of the counsel for the defence to the right of appeal before passing of the final sentence - on the entire territory of the Federal Republic. In criminal matters decisions would have to be brought by a panel of judges composed of at least three judges, with at least one of the judges in the panel being a Bosnian or Croat or Serb by nationality, or a member of some other nationality. Cantons would be able to conclude agreements on mutual extradition, while international agreements would be in the exclusive jurisdiction of the Federal Republic. The highest instance courts of the Republic would be The Supreme Court of the Federal Republic of B&H which would try cases only as an appellate court, and The Constitutional Court which would arbitrate constitutional litigations and be the highest instance for the protection of human rights. Judges of these courts would be elected by the Federal Parliament, with strict observance of the national parity.

Otherwise, the Federal Republic and its organs would, with restrictions, carry out only those functions and jurisdiction specified by the constitutional principles, while these would basically determine that all other state functions and authorities are accorded to cantons or the republics. The constitutional principles would determine that the republics have the duty to transfer to cantons and communes those functions which in democratic systems are commonly carried out at the regional and local levels. The cantons themselves, i.e. their area and borders, as well as the borders of the republics would be determined according to specified solutions, including all other elements such as ethnic factor, economic aspects, transport communications, natural regions, etc.

The actual achievements of the Frankfurt talks, as well as of the Sarajevo initiative itself shall be in greater part determined by the willingness of Zagreb to sincerely give up the Karadjordjevo partnership with Milosevic as opposed to the daily political defensive reactions to threatening sanctions. Otherwise, the optimism which ensued after Frankfurt would turn into just another maneuver on the part of Tudjman for the resurrection of the Herzeg - Bosnian feud. Still, guarantees that something of that sort would not happen are provided by strong and concerted diplomatic support of the USA, Germany and Turkey to the Frankfurt agreement.

DRAZENA PERANIC (8 pages)