16 European Union Special Representative
in Bosnia and Herzegovina (BiH)
| (30489) — —
| Council Joint Action appointing the European Union's Special Representative in Bosnia and Herzegovina
|
| Legal base | Articles 14, 18(5) and 23 (2); QMV
|
| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 12 March 2009
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| Previous Committee Report | None; but see (30351) —: HC 19-iv (2008-09), chapter 2 (21 January 2009)
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| To be discussed in Council | 11 March 2009
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| Committee's assessment | Politically important
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| Committee's decision | Cleared; further information requested
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Background
16.1 The internationally brokered Dayton Peace Agreement —
formally referred to as the General Framework Agreement for Peace
(GFAP) — ended the 1992-1995 war in Bosnia and Herzegovina
(BiH).[75] It established
BiH as a state comprising two Entities, each with a high degree
of autonomy: the Republika Srpska (RS) and the Federation (FBiH).
16.2 The Agreement also designated the Office of
the High Representative (OHR) as the chief civilian peace implementation
agency in BiH, to oversee the implementation of the civilian aspects
of the Peace Agreement on behalf of the international community.
He or she is also tasked with co-ordinating the activities of
the civilian organisations and agencies operating in the Bosnia
and Herzegovina.[76]
16.3 The Peace Implementation Council (PIC) —
55 countries and international organisations that sponsor and
direct the peace implementation process — oversees these
arrangements. The PIC Steering Board nominates the HR; the UN
Security Council, (which approved the Dayton Agreement and the
deployment of international troops in BiH) then endorses the nomination.
On a day to day basis, a Board of Principals, chaired by the HR,
serves as the main coordinating body. Its permanent members are
OHR, EUFOR, NATO HQ Sarajevo, OSCE, UNHCR, EUPM and the Commission.
International financial institutions such as the World Bank, the
IMF and the UNDP are also regular participants. From the outset
the HR has been "double-hatted" as EU Special Representative
(EUSR). The best known previous incumbent in the UK is Lord Ashdown.
16.4 The longstanding goal has always been for BiH
to work its way towards European accession. The most recent step
was the signing last June of BiH's Stabilisation and Association
Agreement. Closure of the Office of the High Representative was
provisionally planned for June 2008. However, it was decided that
this decision would be reviewed by the PIC Steering Board in February
2008, and closure would occur only when the political situation
in Bosnia and Herzegovina was judged to be sufficiently stable.
Following closure, the EUSR would become the primary representative
of the international community in Bosnia and Herzegovina.
16.5 Prior to this transition, the BiH authorities
need to deliver five objectives (well established, approved by
the PIC SB and all previously recognized by BiH authorities as
obligations) revolving around creating a sustainable, multi-ethnic,
democratic, law-based State, and to fulfil two conditions —
signing of the SAA, and a positive assessment of the situation
in BiH by the PIC SB based on full compliance with the Dayton
Agreement. These "Five Objectives and Two Conditions"
are far from either delivery or fulfilment; on the contrary, the
most recent findings by both the Commission and the PIC have lamented
political developments since last June, with the PIC noting "little
progress in addressing reform, with ethnic and sub-State agendas
prevailing over the European agenda", and that "Divisive
rhetoric challenging the sovereignty and constitutional order
of Bosnia and Herzegovina (BiH), as well as the authority of the
High Representative and the Peace Implementation Council (PIC)
Steering Board has been frequent, further undermining inter-ethnic
trust and the foundations of the state".
16.6 Mr Miroslav Lajcak was appointed as EUSR in
BiH on 18 June 2007 through Council Decision 2007/427/CFSP. At
our meeting on 21 January 2009 we considered draft Council Decisions
extending his and four other EUSR mandates for a further year,
and recommended them for debate.[77]
That debate took place on 2 March 2009.[78]
16.7 In her accompanying Explanatory Memorandum,
the Minister for Europe at the Foreign and Commonwealth Office
(Caroline Flint) said that:
"The UK fully supports moves to maintain the
Office of the EUSR. The last year has seen continued challenges
in Bosnia and Herzegovina with slow reform progress, continuing
ethnic nationalist rhetoric and challenges to state level competences.
Against that backdrop, the EUSR has continued to play a key role
in easing political tensions and encouraging Bosnia and Herzegovina's
political leaders to focus on the reforms necessary for further
European integration.
"Due to the continuing challenges in Bosnia
and Herzegovina, the Peace Implementation Council (PIC) meeting
in February 2008 established that closure of the Office of the
High Representative (OHR) should be based on BiH meeting 5 objectives
and 2 conditions set by the PIC. The PIC will continue to review
progress against those objectives and conditions at its forthcoming
meetings, including its next meeting in March. It is worth noting
that, as and when the PIC makes a decision on Office of the High
Representative (OHR) closure, the EU Special Representative will
become the primary representative of the international community
in BiH. This may necessitate a strengthening of the EUSR's mandate
so that it is adequately equipped to deal with ongoing challenges
in Bosnia and Herzegovina. This EUSR renewal does not prejudge
a future PIC decision regarding closure of the Office of the High
Representative."
The Minister's letter of 19 February 2009
16.8 In her letter, the Minister for Europe expressed
gratitude for the discretion the Committee had given her to agree
to the extension of the EUSR's mandate for a further year, notwithstanding
that it and four other such mandates were to be debated on 2 March
in the European Committee. But its main purpose was to explain
that Miroslav Lajcak had recently resigned as HR/EUSR (BiH)
to become Slovak Foreign minister and that the UK was proposing
Sir Emyr Jones Parry (UK Permanent Representative to the UN from
2003-7, and previously UK Permanent Representative to NATO and
FCO Political Director) as his replacement. The Minister noted
that the procedures were complex: once agreed by the EU, the successful
candidate would then need to be appointed, by consensus,
as HR by the Peace Implementation Council Steering Board.
The Minister expected the first step to be endorsement of Sir
Emyr at the 23 February GAERC, with a view to completing the selection
process by 1 March, "in order to ensure continuity at a crucial
time". The Minister hoped for the Committee's understanding
that if any new actions or documents were necessary to confirm
the candidate she might agree to them at the Council, and undertook
to "keep the Committee informed of developments", including
in the debate on 2 March.
16.9 The Committee saw no reason to take exception
to what the Minister proposed in these circumstances. But, rather
than allow this important issue to become embroiled in a larger
debate, the Committee asked the Minister, in the Explanatory Memorandum
she would have to provide on appointing Sir Emyr (or anyone else),
to set out the full background to the situation in BiH and her
expectations about developments during his twelve-month mandate.
The draft Joint Action
16.10 This Joint Action appoints Valentin Inzko as
the EUSR in Bosnia and Herzegovina for one year, from 1 March
2009 to 28 February 2010. His appointment was finalised by written
procedure on 11 March 2009
The Government's view
16.11 In her Explanatory Memorandum of 12 March,
the Minister for Europe fully supports both the Office of the
EUSR in BiH, and fully supports Mr Inzko's appointment as the
EUSR /HR. She continues as follows:
"The last year has seen continued challenges
in Bosnia and Herzegovina with slow reform progress, continuing
nationalist rhetoric and challenges to state level competences.
Against that backdrop, the EUSR has continued to play a key role
in easing political tensions and encouraging Bosnia and Herzegovina's
political leaders to focus on the reforms necessary for further
European integration."
16.12 The Minister then recalls the Committee's request
for a full background to the situation in BiH, including an update
on the completion or otherwise of the 5 objectives and 2 conditions
set by the PIC for closure of the Office of the High Representative:
16.13 The Minister says that despite the signing
of the Stabilisation and Association Agreement (SAA) in June 2008,
the political situation in BiH remains fragile:
"Given the political situation, OHR closure
had been twice delayed from an original target of June 2007. Due
to the continuing challenges in Bosnia and Herzegovina, the Peace
Implementation Council (PIC) steering board meeting in February
2008 established that closure of the Office of the High Representative
(OHR) should be based on BiH meeting 5 objectives and 2 conditions
set by the PIC. The PIC will continue to review progress against
those objectives and conditions at its forthcoming meetings, including
its next meeting on 25-26 March.
"One positive development in the autumn of last
year was a broad agreement on taking forward various reforms reached
between three political parties. Known as the Prud Process,[79]
in recent months the process has helped secure agreement on a
proposed constitutional amendment which, if it secures the necessary
parliamentary approval, would represent completion of the 'Brcko
Final Award'.
"The amendment is now going through the relevant
Parliamentary procedures. The UK welcomes efforts by BiH's politicians
to engage constructively and find common ground on outstanding
reform issues. The UK is therefore encouraging continuation of
the Prud process and urging that the widest possible consensus
be found which will enable political agreements to be rapidly
translated into concrete legislative results."
16.14 The Minister then says that, thus far, Bosnia
has not met the five objectives and two conditions required for
closure of the OHR:
"On the first objective, detailing an 'Acceptable
and Sustainable Resolution of the Issue of Apportionment of Property
between State and other levels of Government', the UK considers
that this has not yet been met. The UK Government has noted ongoing
political efforts to address this objective in BiH as part of
the Prud Process and is encouraging Bosnian politicians to intensify
efforts to reach agreement.
"The second objective, 'Acceptable and Sustainable
Resolution of Defence Property', has not been completed. In November
2008 the PIC Steering Board urged the BiH authorities to
fully implement the Transfer Agreement on movable defence property,
signed in March 2008, and to finalise, sign and implement
an appropriate Transfer Agreement on immovable defence property.
"The third objective, completion of the 'Brcko
Final Award', has not been completed. However, a draft constitutional
amendment which would represent completion of the 'Brcko Final
Award' is now awaiting Parliamentary approval.
"The UK considers that objectives four and five,
on 'Fiscal Sustainability' and 'Entrenchment of the Rule of Law',
have been successfully completed.
"The first of the two conditions has been completed,
with BiH signing the Stabilisation and Association Agreement in
June 2008. However, the second condition — a positive assessment
of the situation in BiH by the PIC steering board based on full
compliance with the Dayton Peace Agreement — remains relevant."
16.15 With regard to the Government's expectations
on developments in BiH during the next 12 months, the Minister
says:
"It is worth noting that as and when the PIC
makes a decision on Office of the High Representative (OHR) closure,
the EU Special Representative will become the primary representative
of the international community in BiH. This may necessitate a
strengthening of the EUSR's mandate so that it is adequately equipped
to deal with ongoing challenges in BiH. This EUSR appointment
does not prejudge a future PIC decision regarding closure of the
Office of the High Representative.
"If Bosnian leaders work together in a spirit
of compromise and flexibility, it is possible that the objectives
and conditions required for closure of the OHR will be met within
2009.
"There is an evolving debate at the moment amongst
EU member states on the strengthening of the EUSR's mandate for
any future reinforced EUSR, as and when the Office of the High
Representative closes."
16.16 Finally, the Minister notes funding for Common
Costs (office, in-country transport, office equipment etc) is
met from the Common Foreign and Security Policy budget, of which
the UK currently contributes 17%; and that the budget allocation
for the duration of the mandate is set at €3.2million.
Conclusion
16.17 We note that the Minister says nothing
about the reasons for Sir Emyr Jones Parry's withdrawal, nor of
Mr Inzko's qualifications to replace Mr Lajcak. Nor does she confirm
whether or not he has actually been appointed by the PIC. We look
forward to hearing from her about this.
16.18 In the meantime we clear the document from
scrutiny.
75 See http://www.ohr.int/dpa/default.asp?content_id=380
for full information on the GFAP. Back
76
See http://www.ohr.int/ for full information about the OHR. Back
77
See headnote: (30351) -: HC 19-iv (2008-09), chapter 2 (21 January
2009). Back
78
See http://www.publications.parliament.uk/pa/cm200809/cmgeneral/euro/090302/90302s01.htm
for the transcript of that debate. Back
79
The Prud Agreement is a agreement that pertains to state property,
census, constitutional changes, reconstructing the Council of
Ministers and solving the legal status of the Brèko district.
It was reached in Prud, in the municipality of Odžak, on
08 November 2008. For further information, see http://en.wikipedia.org/wiki/Prud_Agreement
. Back
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