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Legal base for canceling the „Dayton“ constitution of the B&H Print E-mail

Theoretically there are three ways for the change of constitution in Bosnia and Herzegovina:
  1. Bringing completely new Constitution of Bosnia and Herzegovina,
  2. Change and amend of existing,
  3. Illegal Dayton Constitution of Bosnia and Herzegovina or withdrawal of temporal suspension from legal Constitution of Republic of Bosnia and Herzegovina and return of that constitution from 1991 on the area of whole country of Bosnia and Herzegovina, in the same manner as brave Suzan Johnson, the  Brčko District Supervisor did

Bringing forward completely new Constitution of Bosnia and Herzegovina is a longer process because of undefeated forces of aggression and genocide who want to keep everything taken away by aggression and genocide, while Dayton gave them the right of veto over Bosnia and Herzegovina and deals can be made only over the results of genocide and aggression. In order to make a different kind of deal blockades brought by Dayton agreement have to be removed.  Those blockades were forced by International Community and they can be removed only by International Community.  Venice Commission concluded that Bosnia and Herzegovina is nonfunctional country only because of International Community.  
Bringing forward some changes Constitution of Bosnia and Herzegovina will have same  problems as new Constitution, because it could spend a lot of time and energy without succes,  because on the end representatives of Republic of Srpska use veto for blocking every agreement and keeping positions gained by aggression.  
It means, only possibly model is to withdrawal of temporal suspension from legal Constitution of Republic of Bosnia and Herzegovina and return of that constitution from 1991 on the area of whole country of Bosnia and Herzegovina, in the same manner as brave Suzan Johnson, the  Brčko District Supervisor did


1. DAYTON WAS FORCED FROM THE OUTSIDE AND ONLY GREAT POWERS CAN REMOVE

We believe that the conflict cannot be solved by reforms inside of B&H. It takes negotiations between victims and criminals since the very core of Dayton assumes that ‘Constitution of B&H prefers entities on the account of the country, citizens and nation- which is also why B&H is not functioning”. Practically the right of veto over majority is given to the followers of aggressors, and representatives of Republic of Srpska use it for blocking every agreement and keeping positions gained by aggression.  

Dayton was forced from the outside and only great powers can remove it in order for B&H to become normal country.
Dayton made an unique monster from normal Republic of Bosnia and Herzegovina,  
Dayton, as it is right now, is basically a finish of the war criminals project.


2. WRONG START POINT FOR THE CONSITUTION CHANGES


As the upshot of the whole situation in BiH, Dayton constitution has been declared  UNFUNCTIONAL  by Venetian commission, USA Congress, EU, and Council of Europe.
Practically, it means that with such Constitution in effect Bosnia and Herzegovina cannot function and that the new Constitution should be drafted and adopted.


For the not to accept failed BiH constitution  package , from 26 April of 2006, for which madam DORIS PACK said, citation: «Dayton constitution should be changed, but in different manner. The way it was done so far under the leadership of one non-government organisation, was done in a very unprofessional way.» closed citation. It is obvious that USA is not behind this, and that these changes are against the vital interests of USA on Balkans, jer nisu otklonjeni glavni nedostaci, koji Daytonski ustav BiH čini neuskladjenikm sa Rezolicijom o zaštiti ljudskih prava, za koje se USA i te kako zalaže.



3. START POINT FOR THE CONSITUTION CHANGES MUST BE SITUATION BEFORE AGRESION


Instead of pursuing negotiations on Constitution (with Dayton agreement as a starting point, which gives RS option of veto over BiH ) we should focus back to the legal frame within which continuity of BiH is not violated and where RS and Dayton are non-existing concepts.  
The starting point for the change of BiH Constitution must not be Dayton agreement (according to which RS has the right of veto), but the Constitution of Republic of BiH from 1991(from the pre-aggression period) Instead of Dayton principles, the amendments should be based on principles of Charter of United Nations, European Constitution and the BiH Constitution, none of which includes ethnic or entity guidelined distribution of political power.                 
From the most powerful country in the world , we are asking for help the victims of aggression and genocide, and revert to the solving of issues in Bosnia through legal proceedings and not through negotiations.  

The first and foremost, it is redress the interpretation, which was made loud in the world, oppose these changes to the BiH Constitution.
So far, the only message sent out into the world by those who inherit the legacy of genocide, is that they will not allow the termination of entities. Serbs (followers of Karadzic) are loud in their efforts to keep the fruits of their plunder, slaughtering, torture and expelling of innocent people and all those who were not Serbs. They are not ashamed to claim what isn’t theirs. However, Bosnian politicians, under the pressure of USA ambassador in Bosnia Mr. Douglas McElhaney, who specifically forbid the discussion about termination of entities upon the beginning of the talks about changes on BiH Constitution, are ashamed to claim what is theirs.                          
We kindly call all protagonist human right, specially the most powerful country in the world ,  to join to the demand of Bishop Conference in B&H and reverent Cardinal Puljić and the demand of the majority of Bosnian people,(who articulated their needs through voting )  and Serbs who do not follow to the footsteps of genocide.
We also call on You to join the demand to retrieve the legitimate property and rights of people and highlight that that call must overpower the shameful fuss over the campaign to keep what isn’t theirs, started by followers of Karadzic. 

   
4. LEGAL BASE FOR CANCELING OF„DAYTON“ CONSTITUTION OF THE B&H

LEGAL BASE FOR CANCELING OF„DAYTON“AND REINSTATING THE CONSTITUTION OF THE REPUBLIC BOSNIA AND HERZEGOVINA
 
In an attempt to preserve the scheme and the legacy of war criminals, aware that they hold no strongpoint on the legal ground helpers to the genocide try to cloak international legal regulations in order to cheat victims-Bosnians, and try and impose the preservation of the Dayton project through the talks.
Just to remind you, in international level conflict solving it is possible to apply data from the domains of law and negotiation:                                                                                                                                               
  • ·    LEGAL DOMAIN discriminates between the crime perpetrator(or in some contexts: war criminal) and the victim,
  • ·    NEGOTIATION DOMEN, The perpetrator of the crime( war criminal) and the victims are  made legally equal in their share of responsibility, that is, in this manner with the mere consent to negotiate (to take part in talks), the victim pardons the perpetrator of the crime( or war criminal).
International community has been trying to impose to the victim (in this case-state of BiH), that they should  deal  with the consequences of the aggression through the talks-negotiations (NEGOTIATION DOMAIN, that would force the victim to negotiate with the aggressor), rather than applying the law.   
Those who wish to help the victim of aggression need to apply legal domain, which is of a more relevance for the victim because it does not force it to make deals with the aggressor. To make it simple, it means that powers of the world that imposed Dayton Peace Agreement to our country-victim of aggression, thereby suspending the BiH Constitution, should now reinstate the Constitution of Republic of BiH from 1991. BiH has the right to it. This would solve all problems in RBiH and RBiH would become just like any other normal country in the world,  
„Dayton Agreement “, could be imposed on national level (in BiH), without any consent, but Dayton Agreement is not just a Peace project, it contains the constitution too.   ,
Because of the fact that Dayton Agreement contains the Constitution, it makes it completely unacceptable and void from the standpoint of:
  • ·    International Law,
  • ·    International Agreement Law   and
  • ·    Constitution Law of the Republic BiH.

 

 

·    International Law.  Charter of the United Nations stipulates that nothing can justify interference in the internal affairs of a country, member of the UN. Preambles of the Charter of the United Nations prohibit the possibility of interference with the constitution relating issues of the countries members of the UN. Prohibition also includes United Nations and all others, world powers and members of Contact group, respectively.   
·    Agreement Law.  Article No. 46.  of Vienna convention, as a regulation for international law, excludes possibility that ATRIBUTES of sovereignty are subject to international treaties . According to the Article No: 51. and No.: 52. Agreements  sighed under pressure are void, even those signed on free will, if the they are not the result of legitimate will of the negotiators (if those have been given  the constitutional mandate to negotiate that - Article No49).
·    Constitution Law:  According to the Article No.154. and No.155. of the abiding constitution of the Republic Bosnia and Herzegovina,  it is prohibited to negotiate on  Constitution of the Republic Bosnia and Herzegovina outside the Parliament, especially in time of war.
According to the  Dayton constitution, inherent sovereignty is on the entities, which means on the parts of the Republic of the Bosnia and Herzegovina, not on  the state itself, which is in contravension with  the attributes of the state sovereignty: indivisible,  untransferable,  unquestionable .
·    The sovereignty is INDIVISIBLE. It means that, with the creation of RS within the BiH by Dayton agreement, sovereignty could not be preserved ¨outward¨, and scarified ¨inward¨ of BiH. This deception caused the succumbing inability of BiH public and political circles to admit the position in which RS has the right of veto over Dayton BiH and BiH has no right of veto over RS.

·    The sovereignty is UNTRANSFERABLE. It means that the only legal constitution is the one adopted by the Parliament of RBiH, because the sovereignty is vested in the Parliament. This attribute rules out so called parallel relations of entities regarding the relations with neighboring countries, thereby makes the signature of presidents of neighboring countries, SR Yugoslavia and R Croatia void; and also downplays the role of the USA as the witness (upgraded by the domestic signers into the guarantor and even signer of Dayton agreement), which is outright lie.

·    The sovereignty is UNQUESTIONABLE. It means that only the cease of fire, exchange of prisoners of war and so on, could be negotiable outside the institutions of sovereignty and constitution of RBiH. The Constitution of BiH cannot be negotiable. Consequently, Dayton agreement is legally void.

These three attributes of sovereignty provide us with the legitimate call for termination of Republika Srpska and the application of status quo ante: on the latest legal status in RBiH, that is, the application of the pre-aggression constitution, as well as the pre-constitution laws passed during the aggression on BiH.

This proves that RBiH was not terminated in Dayton but just suspended; therefore there are no legal grounds neither for asking the consent from RS to reinstate Constitution from 1991 nor for any other state issue.


 5. WHY ASK CONSENSUS FOR REINSTATING OF CONSTITUTION WHICH WAS SUSPENDED WITHOUT CONCENSUS

It is well known all over the world that Serbs (followers of Karadzic only) did not ask for consensus from Bosnians and Croats when embarking on slaughtering and burning down homesteads of Bosnian and Croats, and expelling them from the same homesteads., acquiring thus, through the ways of sheer force, their entity-Republika Srpska.No one has the moral right to insist on consensus as prerequisite for deciding whether the Constitution from 1991 would be reinstated or not, since, previously, it was revoked without consensus of Bosnians and Croats.

We are asking representatives of the most powerful country in the world, please lift the suspension over the BiH Constitution on the whole territory of BiH, just like Susan Johnson did  in District Brcko. You don’t need consensus for that. That will put You on the side of the victim, and You will find your place in the Ivy league of steadfast politicians, heroes who proved with their deeds that they stand firmly against rewarding of the war criminals. Keep on being the friend of BiH and its peoples, for only united BiH is big enough for those who seek justice and peace. Bring back to BiH life their peoples enjoyed in before aggression and genocide.
The indicator of it as the right solution is the following statement: “Brcko district is the model for the rest of the Bosnia and Herzegovina” made by Christian Schwarz Schilling, the High Representative in B&H, on the seventh anniversary of forming the Brčko district.
If it is so, then why doesn't the International Community agree and bring back the constitution of Bosnia and Herzegovina to the state which it had before the aggression and genocide.

After that, without the protection of entity politicians and police structures the criminals would be arrested. It would be the right medicine for all the problems in Bosnia and Herzegovina, for Bosnia and Herzegovina is wide enough for everyone, if everyone is equal and tight fit if everyone is packed into national sheepfold.



                                                                  
                                                                                                   

 
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