SESSION OF THE ASSEMBLY OF BOSNIA AND HERZEGOVINA

AIM, SARAJEVO, March 30, 1994

On the second day of the session of the Assembly of Bosnia and Herzegovina, the discussion concerned the report of the state delegation and the document signed in Washington, the draft Constitutuion of the Federation and the preliminary agreement on future economic and military cooperation between the Republic of B&H and the Republic of Croatia. 123 deputies took part in the work of the Assembly, while the full quorum of this highest legislative body of B&H is 125 members. At the beginning of the session, the procedural issue of who can participate in the work of the Assembly was solved. The President Miro Lazovic called for a vote on whether people who were not invited could attend, naming then Jadranko Prlic and asking for an explanation of his presence at the session. The deputies voted that only invited delegates could attend, so that Prlic, not at all gladly, left the Assembly hall. Naturally, Sulejman Ugljanin, the President of the SDA of Sandjak, remained and took part in the work of the Parliament for he had received a regular invitation of the B&H Parliament to attend as a guest.

The debate started with the discussion of deputy Pero Vasilj (HDZ) who stressed that the delegates of the Croat and Moslem peoples had the special honour and duty to adopt the Constitution, the basic document for the existence of B&H. We must adopt an arrangement for the best possible, most civilized and most cultural life. Our main objective is the production of goods for the general and common benefit. Morals, work and discipline must be the main principles of our life, pointed out Vasilj. The President of the HDZ Delegate Club Vlado Pandzic gave the following illustration: "Spring has come, the time of restoration and work, of the creation of the future. The agreement was signed at the time of the Bayram holidays, we should adopt it at the time of the Easter holidays, and this is very symbolical".

Pandzic also said that the agreement envisaged an integral B&H, the equality of the Croats and the Bosnians in the B&H Federation. According to him, the Washington Agreement is a step forward after troubled times and a great improvement for the Croatian and Bosnian peoples. On behalf of the Delegate Club of the Reform Party of B&H Sejfudin Tokic presented their assesments and stances on the Washington agreement underlining that this document was a turning point, i.e the beginning of the end of the war in B&H. Tokic expressed full support for the negotiating delegation, as well as for the USA, which were the forerunner in toppling the concept of an ethnic state: "There will be a lot of resistance to this Agreement, but I must say that the basis of its affirmation is the Army as a multinational armed force". In the name of the Reform Party of B&H, Tokic demanded that war criminals be tried, as well as those trying to save them, that the Constituent Assembly be scheduled as soon as possible, and that it present its stands on the territories which are not under the active control of B&H authorities, and that those territories be proclaimed occupied. In addition, according to Tokic B&H has no prospects if its political structure is of one-national composition.

Boro Bjelobrk spoke in the name of the SDP delegates and also assessed that the Agreement was a step towards peace, but that the road to B&H as an internationally recognized country within its borders was still open. Bjelobrk made some objections to the Constitution, stressing that the proposed census of 5% for political parties to enter Parliament was ungrounded, as was 3% for cantonal legislative authorities. He wanted to know, according to which criterion representatives of the Assembly in the cantons would be elected and how votes for the cantonal and federal Assembly would be determined. Dr.Nikola Kovac briefly informed the delegates of the deliberations of the recently held Assembly of the Serbian people in B&H stressing that this Assembly had condemned political aggression, all forms of crimes of that aggression, opted against national divisions and underlined that the SDS had usurped the will and interests of the entire Serbian people: "We are for a policy of just peace and confidence. No one can by force disrupt the demographic structure of a country". The delegate from Derventa Iko Stanic spoke on behalf of the people of Posavina. He said that 160 thousand people had been expelled from Posavina and that they wanted to return to their homes, they did not wish to leave their homeland.

"We fight together, we Croats, Moslems and Serbs, and this is our greatest value. We are doing and have done everything for our B&H to be an integral and democratic country. We not only accept, we deserve this agreement which guarantees our return and life worthy of man", concluded Stanic and asked that the Assembly firts set criteria for the people who will implement the agreement who should, according to Stanic be people who advocated an integral B&H from the very beginning and did not participate in the conflict between the Croats and Bosnians.

On behalf of the Liberal Party Rasim Kadic supported the agreement, especially its part which established a truce, allowed humanitarian convoys to pass, lowered prices, established order. Kadic stressed that the Washington agreement was an agreement of American pressure, rather than of the continuity of anyone's policy, especially Croatia's. Critically assessing the Constitution, Kadic underlined that it had been drawn up on a racist approach and added that America had imposed constitutions on both Germany and Japan, but only after it had defeated fascism. Here, on the other hand, fascists took part in the drafting of the Constitution, claims Kadic. Dr.Abdulah Konjicija asked if one could trust the agreement to be implemented by people who incited hatred and sent people to camps.

That is why it is necessary, says Konjicija to differentiate between the deputies of the two peoples. He also upheld the proposal for territories which are not under the control of the Federation to be proclaimed occupied, but also emphasized that in a democracy, after which B&H is aspiring, there can be no second class citizens. According to Konjicija it is necessary to send an appeal to citizens of Serb nationality to join the Federation, because claims he, the Koran also commands that when an enemy offers peace, the proposal should be accepted. Marko Prskalo speaking for the HSS Deputy Club, said that the Washington agreement did not "suit" many and that therefore in the forthcoming period a lot of capability and tolerance is necessary to implement it in practice.

Accoridng to Prskalo, an important issue is also who is entitled to this state, and he claimed that it must be a community of Bosnians, Croats and Serbs, to be based on new relations among peoples. Edhem Bisaksic, SDA delegate, pointed out that the delegates Nazif Veledar, who had just been released from the Dretelj camp and Irfan Ajanovic, who was still imprisoned in the camp in Banjaluka were not present at this session of the B&H Assembly. Bisaksic informed the Assembly of the letter of Bosnians from Boston warning that a state without borders was being created through the Moslem - Croat agreement. The Bosnians see dangers in the consensus according to which the Croats may usurp positions in power, and roads as they did, according to them, so far. Their proposal is that the existing Constitution should not be abandoned until peace with the Serbs also is secured.

A member of the B&H Presidency, Ejup Ganic, in his address to the delegates said that the draft Constitution of the Bosnian - Croatian Federation contained certain terms according to which it is not completely clear that the legitimacy and sovereignty of the state of B&H in its internationally recognized borders may not be called in question at any time: "The Presidency, as the collective head of state, and the Assembly alerady exist, and the Constitutional Court must explicitely confirm the continuity and the legitimacy of the B&H state. Unless the Croats and Bosnians realize this in time, they can lose a lot in terms of territory. The Constitutional Court on which representatives of all the three nations in B&H are sitting, must give its opinion directly and clearly, and I think that is missing". Mirsad Ceman, until recently SDA President also claims that everything must be done to get guarantees that B&H will remain one state. According to him, the major issue is what will happen if the agreement proves unviable and it is precisely for that reason that strong guarantees are necessary for this agreement. Haris Redzic a delegate from Tuzla said that the agreement had been functioning in Tuzla for the entire period of the war, and invited the Serbian people to denounce Karadzic and join them.

"We Croats are especially pleased with this historic agreement" - said deputy Nikola Mandjic (HDZ) at the beginning of his statement and warned that there would be many problems with its full implementation, but that the most important thing was patience. "We shall have to have difficult talks with the Serbian side and it would be best to arrive at a joint solution with them too", claims Mandjic and adds that precisely for that reason a priority is the territorial delineation of the Federation and territories currently under Serbian control.

A guest at the session, Sulejman Ugljanin from the Sandjak SDA, appealed to those present not to forget half a million Bosnians living outside the borders of B&H and considering this country their homeland. The once popular singer of Bosnian folk songs, now SDA delegate, Safet Isovic, added that the future Federation must also care for the Croats remaining outside Croatia and the Federation itself. He drew attention to the fact that functions in the Federation cannot be discharged by war criminals, nor by those as he says "who belonged to the former communist regime, who prevented defense".

Reminding Parliament members of their responsibility towards their constituencies, which are now expecting peace, dr.Ivo Komsic, member of the B&H Presidency, said that at this time bitterness must be be suppressed and emphasis laid on the patience of all those who are to implement the agreement. Komsic believes it to be very good that the agreement is based on the concept of an integral B&H, adding that the fears of the Croats that they would be outvoted in B&H as the least numerous people have finally been allayed, as well as the fears of the Bosnians that the Croats would separate their part of the state. "I am not an optimist that we will win over the Serbs, but I hope that we have offered to the world powers a concept they will accept and that B&H will expand to cover its entire territory" stated Komsic.

On behalf of the Council of Citizens of Serb Nationality Predrag Lukac submitted to the Assembly a draft amendment to the Constitution of the future Federation, which demands that the first chapter name the Serbs as one of the constituent peoples of this state. That proposal, explained Lukac was based on the platform of the B&H Presidency on action in conditions of war which states that B&H is a democratic state of all peoples, with a full degree of autonomy. Lukac noted that he was aware that this was the first step towards a final solution, but that he was presenting the opinion of a part of the Serbian people in favour of a "varied" B&H which would not give up any of its parts. A letter of similar content would be sent to Charles Redman and Vitaly Churkin, and Lukac thinks that the Assembly should take a stand on that.

Answering the questions put during the debate by the delegates in connection with the agreement on the Federation and the draft Constitution, Dr.Kasim Trnka, Minister of Justice in the B&H Government, said that the task of the Constitutional Court was to create possibilities for stable social development and democratic relations and this project was conducive to that and observes political reality. To objections to the effect that the national criterion has been overemphasized, Trnka said that that was necessitated by political reality and that account must be taken of proportional representation in establishing cantonal assemblies, but that that did not negate political pluralism and the possibilities of different views within one people, and pluralism of different stances will be present also in organs of the Federation, from the Assembly to the Government. As far as the declaring of nationality of Clubs of Bosnians and Croats in the Constituent Assembly is concerned, Trnka clarified that all delegates would be offered to declare their nationality, which did not negate membership of a political party.

The Minister of Justice clarified the parallel government at the level of the Federation in the initial period, which would be necessary to preserve the international legal personality of B&H. To remarks on the quota of 5% of votes at the elections for the Parliament, Trnka replied that the percentage was taken on the suggestion of the American participants in the negotiations on the grounds that it was initially necessary to build a stable system in a state. With regard to the amendment offered by the Council of Citizens of Serb Nationality, Trnka said that the agreement was only the first stage of solving the crisis in B&H and that the solution for the Serbian people would be sought in the next stage. The status of the Serbian people will depend on whether they enter a federation or a union. It would not be logical to bring a decision until the Serbian side gives its final say-so, remarked Trnka.

After a two-day parliamentary debate and statements by over thirty delegates and guests, the report was adopted of the state delegation on the documents signed in Washington and the further tasks of the peace negotiations, as well as the address of the Prime Minister, Haris Silajdzic. The deputies ratified the Law on the Acceptance of the Draft Constitution of the Federation and the preliminary Agreement on future economic and military cooperation between the Republic of B&H and the Republic of Croatia. The Law was also adopted on the ratification of the preliminary agreement on the Confederation of B&H and Croatia, and the arrangements for free passage over the territory of the commune of Neum and free access to the harbour of Ploce, were also accepted.

Deciding on the further work of the Assembly, the delegates unanimously restored to the Assembly the competences it enjoys under the Constitution, which were at the beginning of the war taken over by the Presidency. It was also recommended that war presidencies in communal assemblies make possible the functioning of communal assemblies in free territories, wherever possible.

The adoption of the Constitutional Law on amendments to the B&H Constitution was left for the following day. This important document, which promotes the Constituent Assembly, is a link with the existing B&H Constitution, and will regulate the internal structure of territories with a majority Bosnian and Croat people.

DRAZENA PERANIC