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Doc. 8303
22 January 1999
Bosnia and Herzegovina's request to become a member state of the Council of Europe
Request for an opinion
Committee of Ministers
Letter from the Chairman of the Ministers' Deputies to the President of the Assembly, dated 15 January 1999
Dear Madam President,
I have the honour to inform you that the Ministers' Deputies, at their 655th meeting
(12-13 January 1999), decided to invite the Parliamentary Assembly to express its opinion on Bosnia and Herzegovina's request to be invited to become a member state of the Council of Europe.
In accordance with the decision adopted and which I enclose, I refer to the need for this applicant state to conform with the conditions required of a member state and to respect strictly commitments undertaken, including those recalled in the Declaration of the Peace Implementation Council, adopted in Madrid on 15 December 1998 and its point VI.3 "Bosnia and Herzegovina within Europe", the text of which I enclose.
...
Signed:
János Perényi
655th meeting — 12-13 January 1999
Item 2.4
RELATIONS WITH BOSNIA AND HERZEGOVINA
(CM/Del/Dec (98) 651/2.3, CM (98) 190, GR-EDS (98) 52, 56, Resolution (95) 21)
Decisions
The Deputies
1. decided, in conformity with Statutory Resolution (51) 30A, and with reference to Resolution (95) 21, to invite the Parliamentary Assembly to express its opinion on Bosnia and Herzegovina’s request to be invited to become a member State of the Council of Europe;
2. invited their Chairman to transmit this request to the Parliamentary Assembly, with reference to the need for Bosnia and Herzegovina to conform with the conditions required of a member State of the Council of Europe, as expressed in Article 3 of the Statute and in the Vienna Declaration of 1993, and to respect strictly the commitments undertaken by Bosnia and Herzegovina in the framework of the Peace Agreements, a need which is recalled in the Declaration and in point vi.3 of the Annex of the Peace Implementation Council in Madrid on 15 December 1998.
Annex to the Madrid Declaration of the Peace Implementation Council
VI. BOSNIA AND HERZEGOVINA WITHIN EUROPE
Destination Europe: Strategy towards the European institutions
1. Bosnia and Herzegovina is a European country. Its citizens are Europeans. Bosnia and Herzegovina's future lies in closer relations with Europe and Europe has a huge stake in Bosnia and Herzegovina's well-being. The Council strongly believes that peace, economic and political reform and stability will be reinforced in Bosnia and Herzegovina by stronger links with the European institutions.
2. The Council urges Bosnia and Herzegovina to make every effort to meet the entry criteria as the first step towards closer association with all of the European institutions. It pledges its assistance in helping Bosnia and Herzegovina to do so. But it gives notice that the standards are high and will not be relaxed to secure admission. It is up to Bosnia and Herzegovina to meet those standards. In the view of the Council there is no reason why, with sufficient effort, this should not be possible given sufficient political will. The pace of integration of Bosnia and Herzegovina into European structures will be governed by its performance in implementing its Dayton obligations.
3. The Council of Europe: the Council urges the High Representative closely to monitor Bosnia and Herzegovina's progress in meeting the criteria for membership of the Council of Europe. It stresses the need to ensure that Bosnia and Herzegovina is in a position to meet these criteria as soon as possible, so that the High Representative is able to recommend to the Council of Europe that it decide on the issue of Bosnia and Herzegovina accession. But to do so, Bosnia and Herzegovina must move fast. There remains a great deal to be done. The necessary steps include:
—ad option of a Permanent Election Law;—
—co ntinued revision of legislation to ensure compliance with the European Convention on Human Rights;—
—ad option of legislation to achieve a professional and independent prosecutorial and judicial system;—
—fu ll co-operation and compliance with Annex 7 in the implementation of the property laws by the authorities in both Entities;—
—co mpletion of police certification, establishment of a multi-ethnic, professional police and full compliance with UNIPTF decisions;—
—co ntinuation of reform of the media and development of media and broadcasting legislation consistent with European best practice;—
—pu tting in place mechanisms to ensure full functioning of human rights institutions, including the enforcement of the decisions of the Human Rights Chamber and the Commission for Real Property Claims; full co-operation with and response to reports by the Bosnia and Herzegovina Ombudsperson and Federation Ombudsmen; and the establishment of an RS Ombudsmen's Office in accordance with the Federation model.4.
4. European Union: The Council welcomes and supports the ongoing efforts by the European Union aiming at an intensification of relations between the European Union and Bosnia and Herzegovina, in accordance with the European Union's regional approach and conditionality policies and with the European Union's Declarations of 8 June and 7 September.
5. The Council expresses its satisfaction at the readiness of the European Union, as stated in its Declaration of 8 June, to establish closer and more intense relations with Bosnia and Herzegovina and at the establishment of an European Union/Bosnia and Herzegovina Task Force, with the aim of helping Bosnia and Herzegovina to become a fully-functioning state and to meet some of the technical prerequisites to closer co-operation with the European Union.
6. In addition to building on the implementation of this Declaration and on the work of the Task Force, the Council expresses the hope that in 1999:
—th e European Union and Bosnia and Herzegovina reinforce and make a more active use of the European Union/Bosnia and Herzegovina Consultative Task Force. The Council welcomes the fact that issues such as judicial reform, education, media, good government and economic reform have a priority in the work of this Task Force. The Council invites the Bosnia and Herzegovina authorities to follow up the recommendations of the Task Force.7.
7. The Council welcomes the intention of the European Union to intensify the dialogue on political and economic issues with Bosnia and Herzegovina in order to ensure the closest involvement of the European Union in civilian implementation of Dayton agreement, which will contribute to stability and co-operation in Bosnia and Herzegovina and to bringing Bosnia and Herzegovina closer to European standards.