REPORT on the 2022 Commission Report on Bosnia and Herzegovina

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

on the 2022 Commission Report on Bosnia and Herzegovina

(2022/2200(INI))

The European Parliament,

– having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part[1],

– having regard to Regulation (EU) 2021/1529 of the European Parliament and of the Council of 15 September 2021 establishing the Instrument for Pre-Accession Assistance (IPA III)[2],

– having regard to the outcomes of the first and second meetings of the EU-Bosnia and Herzegovina Stabilisation and Association Parliamentary Committee, held on 5 and 6 November 2015 and 17 June 2021 respectively,

– having regard to Bosnia and Herzegovina’s application for EU membership, submitted on 15 February 2016,

– having regard to the declarations of the EU-Western Balkans summits of 17 May 2018 in Sofia, of 6 May 2020 in Zagreb, of 6 October 2021 in Brdo pri Kranju and of 6 December 2022 in Tirana,

– having regard to the Sofia summit of 10 November 2020, including the Declaration on the Common Regional Market and the Declaration on the Green Agenda for the Western Balkans,

– having regard to the outcomes of the ninth Berlin Process Summit of 3 November 2022,

– having regard to Council Decision (EU) 2021/1923 of 4 November 2021 on an Assistance Measure under the European Peace Facility to support capacity building for the Armed Forces of Bosnia and Herzegovina[3],

– having regard to Council Decision (EU) 2022/2353 of 1 December 2022 on an assistance measure under the European Peace Facility to strengthen the capacities of the Armed Forces of Bosnia and Herzegovina[4],

– having regard to the European Council conclusions of 24 and 25 March 2022,

– having regard to the European Council conclusions of 23 and 24 June 2022 on Ukraine, the Western Balkans, the EU membership applications of Ukraine, the Republic of Moldova and Georgia, and external relations,

– having regard to the European Council conclusions of 15 December 2022 granting EU candidate country status to Bosnia and Herzegovina,

– having regard to the Commission communication of 29 May 2019 entitled ‘Commission Opinion on Bosnia and Herzegovina’s application for membership of the European Union’ (COM(2019)0261) and the accompanying analytical report (SWD(2019)0222),

– having regard to the Commission communication of 5 February 2020 entitled ‘Enhancing the accession process – A credible EU perspective for the Western Balkans’ (COM(2020)0057),

– having regard to the Commission communication of 29 April 2020 entitled ‘Support to the Western Balkans in tackling COVID-19 and the post-pandemic recovery – Commission contribution ahead of the EU-Western Balkans leaders meeting on 6 May 2020’ (COM(2020)0315),

– having regard to the Commission communication of 6 October 2020 entitled ‘An Economic and Investment Plan for the Western Balkans’ (COM(2020)0641),

– having regard to the Commission communication of 12 October 2022 entitled ‘2022 Communication on EU Enlargement Policy’ (COM(2022)0528),

– having regard to the Commission staff working document of 12 October 2022 entitled ‘Bosnia and Herzegovina 2022 Report’ (SWD(2022)0336),

– having regard to the Commission communication of 14 April 2021 on the EU strategy to tackle Organised Crime 2021-2025 (COM(2021)0170),

– having regard to the Commission communication of 7 October 2020 entitled ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’ (COM(2020)0620),

– having regard to the UN Convention on the Rights of Persons with Disabilities,

– having regard to the UN Convention on the Rights of the Child,

– having regard to the Convention on Environmental Impact Assessment in a Transboundary Context, adopted on 25 February 1991,

– having regard to the UNESCO Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions

– having regard to the UNESCO Convention of 17 October 2003 for the Safeguarding of the Intangible Cultural Heritage,

– having regard to the Strategic Compass for Security and Defence approved by the Council on 21 March 2022,

– having regard to special report 01/2022 of the European Court of Auditors (ECA) of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’, and ECA special report 09/2021 of 3 June 2021 entitled ‘Disinformation affecting the EU: tackled but not tamed’,

– having regard to the expert report of 5 December 2019 on rule of law issues in Bosnia and Herzegovina,

– having regard to the Venice Commission’s opinion of 11 March 2005 on the constitutional situation in Bosnia and Herzegovina and the powers of the High Representative, and its subsequent recommendations regarding constitutional matters in Bosnia and Herzegovina,

– having regard to the compilation of Venice Commission opinions and reports of 14 December 2020 concerning the stability of electoral law,

– having regard to the relevant European Court of Human Rights rulings in favour of the plaintiffs, including Azra Zornić[5] and Dervo Sejdić and Jakob Finci[6], among others,

– having regard to the Mostar Agreement signed on 17 June 2020 on the holding of elections in Mostar,

– having regard to the political agreement of 12 June 2022 on principles for ensuring a functional Bosnia and Herzegovina that advances on the European path,

– having regard to the Transparency International 2022 Corruption Perceptions Index ranking BiH 110th out of 180 countries,

– having regard to the 62nd report of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina of 2 November 2022 to the Secretary-General of the United Nations, and prior reports,

– having regard to UN Security Council Resolution 2658 (2022) of 2 November 2022, which extends the mandate of the EU Force Bosnia and Herzegovina (EUFOR) until 2 November 2023,

– having regard to the meeting of the North Atlantic Council in Madrid on 29 June 2022 and to the NATO Madrid Summit Declaration,

– having regard to the meeting of NATO Ministers of Defence on 14 and 15 February 2023,

– having regard to the Dayton Peace Agreement which establishes the mandate of the Organization for Security and Co-operation in Europe (OSCE) Mission in Bosnia and Herzegovina,

– having regard to the Constitution of Bosnia and Herzegovina, which states that there are three official languages in the country, and to the constitutions of the Federation of Bosnia and Herzegovina entity and the Republika Srpska entity,

– having regard to its resolution of 9 July 2015 on the Srebrenica Commemoration[7],

– having regard to its resolution of 17 December 2015 on the 20th anniversary of the Dayton Peace Agreement[8],

– having regard to its recommendation of 19 June 2020 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit[9],

– having regard to its resolution of 15 December 2021 on cooperation on the fight against organised crime in the Western Balkans[10],

– having regard to its recommendation of 8 June 2022 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the EU’s Foreign, Security and Defence Policy after the Russian war of aggression against Ukraine[11],

– having regard to its recommendation of 23 November 2022 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the new EU strategy for enlargement[12],

– having regard to its previous resolutions on Bosnia and Herzegovina,

– having regard to Rule 54 of its Rules of Procedure,

– having regard to the report of the Committee on Foreign Affairs (A9-0229/2023),

A. whereas enlargement is the EU’s most effective foreign policy instrument, one of the Union’s most successful policies, and represents a geostrategic investment in lasting peace, democracy, prosperity and the stability and security of the whole continent; whereas enlargement policy incentivises and encourages the promotion of the EU’s fundamental values;

B. whereas the EU must live up to its promises and political leaders in candidate countries must show genuine political will regarding reform processes; whereas repeated postponements in the accession process and a lack of genuine political will from political leaders in candidate countries have considerably decreased its effectiveness and citizens’ support for EU accession;

C. whereas Russia’s war of aggression against Ukraine has undermined security and stability on the European continent, has demonstrated the strategic imperative of EU integration and has further underlined the importance of common foreign and security policy (CFSP) alignment in candidate countries; whereas it has sparked a new momentum in enlargement, prompting the EU to accelerate long-overdue deliveries to the Western Balkan countries;

D. whereas each enlargement country should be judged on its own merits, with a focus on key reforms, based on the Copenhagen criteria on the rule of law, fundamental rights, democratic standards, an independent judiciary, minority rights and media freedoms;

E. whereas the future of the Western Balkan countries lies in the European Union; whereas the clear majority of the population of Bosnia and Herzegovina (BiH) aspires towards Euro-Atlantic integration for sustainable peace, stability, democracy and prosperity;

F. whereas BiH has been granted EU candidate country status; whereas its further progress towards EU accession depends on fulfilling the 14 key priorities identified in the Commission opinion on its application for EU membership; whereas the Council has called on BiH’s leadership to urgently finalise constitutional and electoral reforms;

G. whereas BiH’s advancement towards EU accession requires genuine reconciliation, based on the diverse, multicultural character of the country and its entities, and respect for its unity, sovereignty and territorial integrity, equal rights, and non-discrimination for all its citizens, in line with EU standards and values;

H. whereas more than 25 years after the end of the war, the country still faces deep division promoted by political elites, secessionist attempts by the Republika Srpska (RS) entity’s leadership and challenges in the rule of law, governance, accountability, freedom of expression and the media, as well as corruption, which contribute to the departure of thousands of citizens each year; whereas discrimination in BiH on the grounds of ethnicity, gender and sexual orientation, and the protection of the rights of minorities continue to pose a challenge;

I. whereas on 23 March 2023, the Republika Srpska National Assembly adopted amendments to the Criminal Code of the Republika Srpska, reintroducing criminal penalties for defamation, and RS entity President Milorad Dodik announced plans to introduce a ‘foreign agent’ law;

J. whereas the EU is BiH’s main political, trade and investment partner and its largest provider of financial assistance, notably through the Instrument for Pre-Accession Assistance (IPA III), as well as the Economic Investment Plan for the Western Balkans and Macro-Financial Assistance;

K. whereas actors responsible for malign foreign direct and proxy interference and disinformation aim to sow discord, violence and inter-ethnic tensions, and destabilise BiH and the whole Western Balkans region, particularly in the context of Russia’s war of aggression against Ukraine; whereas these actions aim to present the EU as an unreliable, uninvolved partner for the Western Balkans;

Commitment to EU accession

1. Welcomes the European Council's decision to grant candidate status to BiH in the context of a changed geopolitical reality, on the understanding that a number of steps are taken to strengthen the country’s readiness for accession negotiations; reiterates its clear support for BiH’s EU integration, grounded in unity, sovereignty, and territorial integrity;

2. Recognises the importance of the Western Balkans in the EU’s enlargement policy, and urges the EU to accelerate the accession process for BiH, based on its own merits;

3. Commends the swift implementation of the results of the October 2022 general elections, the appointment of a new state-level government, the signing of a coalition programme and the resumption of political decision-making; welcomes the appointment of the President and two Vice-Presidents of the Federation of BiH and the formation of governments at the level of the Federation of BiH and its cantons; regrets the political blockages that hindered its completion, which should have been overcome by domestic actors; notes the intervention by the High Representative to unblock the political stalemate; stresses the importance of having authorities in place at all levels to successfully continue the reform processes needed for progress on the EU path;

4. Encourages all political authorities to seize the momentum to meaningfully advance on implementing the 14 key priorities in line with the aspirations of all citizens, respecting the accountability of institutions and the quality and transparency of the process; regrets the slow pace of implementation since 2019; urges all political actors to end, refrain from and overcome institutional blockages, which delay important decision-making, to avoid slipping back into obstructive policies and nationalistic rhetoric, and to show commitment, prioritise and make significant progress on the necessary EU-related reforms by advancing on the steps outlined in the Commission recommendation and the Brussels political agreement of 12 June 2022 on principles for ensuring a functional BiH;

5. Underscores that BiH’s path towards EU accession needs to be anchored in functioning democratic institutions, the rule of law, good governance, the fight against corruption and organised crime, respect for fundamental rights and equality and non-discrimination for all citizens;

6. Calls for consistent countrywide coordination, harmonisation and alignment with, and the integration of, EU standards across policy fields, as well as for improved planning and monitoring of reforms through political and technical coordination, including by adopting a national programme for the adoption of the EU acquis by the competent BiH authorities without further delay;

7. Calls on the Commission and the European External Action Service (EEAS) to continue providing financial and technical support to BiH’s EU integration based on merit and strict conditionality, to promote and call for the accountability, transparency and inclusiveness of reform processes, to publish detailed explanations of and the measurement criteria for the 14 key priorities to raise citizens’ awareness about the benefits of EU integration and to strengthen monitoring capacities in BiH; calls for their coordinated cooperation with the BiH authorities, fostering conditions conducive to advancing on EU integration, as well as with relevant partners; welcomes, in this context, the first meeting of the High-Level Political Forum  in BiH, held in Sarajevo on 17 May 2023;

8. Recalls its concerns about the allegations regarding the role of the Commissioner for Neighbourhood and Enlargement; recalls the Commissioners’ obligations of integrity, discretion and independence, in compliance with the Code of Conduct for the Members of the Commission; urges, once again, the Commission to initiate an independent and impartial investigation into whether the conduct engaged in and the policies furthered by the Commissioner for Neighbourhood and Enlargement constitute a breach of the Code of Conduct for the Members of the Commission and of the Commissioner’s obligations under the Treaties;

9. Reaffirms its support for the mandates of the Office of the High Representative (OHR) as regards the civilian aspects, notably in enhancing stability and democratic processes in BiH, and EUFOR Operation Althea as regards the military aspects in overseeing the implementation of the Dayton Peace Agreement, until the country has fulfilled the ‘5+2 agenda’ and its international supervision ends;

10. Calls on the Commission and the EEAS to positively engage with and rely on the OHR and EUFOR Althea to preserve stability in BiH, thereby facilitating EU accession efforts; calls on EU Member States to support this engagement and urgently respond to the challenges to European security posed by Russia, the increased tensions in BiH and the secessionist acts that undermine the Dayton Peace Agreement;

11. Welcomes the extension of EUFOR Althea’s mandate until November 2023; recalls that this mission still plays a fundamental role for the security and stability of BiH, including in supporting the clearing of areas with landmines; welcomes, in this context, its monitoring and control of the destruction of surplus ammunition and weapons; calls for the EU and its international partners to ensure EUFOR Althea’s continued presence and future mandate renewal, as well as strengthened capacities, making it more fit for operational needs, also in the event of sudden threats and the need to react at short notice; calls for the consideration of deploying personnel and additional capacities for EUFOR Althea in regard to the Brčko district;

12. Welcomes the activities of the OSCE in BiH, inter alia, its engagement in arms control, security sector reform, war crime investigations and in the fight against human trafficking; highlights its activities on gender equality and its support for good governance and media reform, civil society, human rights initiatives and conflict prevention; recognises BiH’s dialogue with the OSCE to promote stability and reconciliation;

13. Commends BiH’s increased alignment with the EU’s CFSP; urges for continual improvement and full alignment in this regard, and for avoiding inconsistencies in foreign policy positions; strongly calls on all actors to unequivocally condemn Russia’s full-scale invasion of Ukraine and ensure the effective implementation of all targeted sanctions stemming from CFSP alignment, particularly against Russia and Belarus;

14. Welcomes BiH’s vote in favour of the relevant UN General Assembly resolutions and Russia’s suspension from the Human Rights Council; deplores, however, the RS entity leadership’s pro-Russian stance and the awarding of a distinction to Vladimir Putin; strongly condemns the visit to Moscow on 23 and 24 May 2023 by Milorad Dodik and Nenad Stevandić, Speaker of the RS National Assembly, and their meetings with Vladimir Putin and other high-level Russian political actors; firmly rejects the statements and rhetoric expressed in the context of this visit and remains seriously concerned about the security implications of ties with senior Russian officials; condemns the meetings with high-level Iranian political actors and the abstentions in UN votes on Iran, amid serious human rights violations in the country and its delivery of drones to Russia in the context of its war against Ukraine; calls on BiH to credibly distance itself from anti-democratic regimes;

15. Strongly supports BiH’s sustained aspirations towards Euro-Atlantic integration and NATO membership and calls on all political actors to act on them with concrete political action; welcomes the BiH Defence Minister’s participation in the 2022 NATO Madrid Summit, NATO’s commitment to boost tailored support to BiH to build integrity and resilience, develop capabilities and uphold political independence, and its aid package to BiH; further welcomes the Council’s decision on an assistance measure under the European Peace Facility worth EUR 10 million to the benefit of the Armed Forces of BiH (AFBiH) and the Cooperation and Training Contract for 2023 between the AFBiH and EUFOR; calls on BiH to work towards forming multi-ethnic units of the AFBiH;

16. Denounces in the strongest terms the recurring inflammatory rhetoric and secessionist laws and policies by the leadership of the RS entity, including the celebration of the unconstitutional so-called ‘RS Day’ and other events that cause tensions, as well as the refusal to implement the rulings of the Constitutional Court of BiH; denounces the presence of high-ranking Serbian government officials on the occasion of the unconstitutional ‘RS Day’; underlines that such actions destabilise BiH, undermine the Dayton Peace Agreement, contradict BiH’s EU perspective and endanger access to EU funding; deplores, in this context, the decision of the RS entity’s government to cut diplomatic contacts with official representatives of the United Kingdom and the United States;

17. Urges the relevant international and EU institutions to closely monitor the development of the police forces in the RS entity, with a special focus on the possible development of paramilitary or military functions, which could create additional tensions, threaten security and stability in BiH, and be incompatible with the Dayton Peace Agreement;

18. Strongly condemns the joint declaration of the ruling majority in the RS entity on the protection of state property and the RS entity’s constitutional status, which has called for a special unit to monitor the inter-entity line;

19. Reiterates its call for targeted sanctions against destabilising political actors in BiH, including those threatening its sovereignty and territorial integrity, notably Milorad Dodik, as well as other high-ranking RS official and third-country officials providing political and material support for secessionist policies; calls on all Member States to ensure that such sanctions can be adopted by the Council; recalls that the EU’s framework for restrictive measures in view of the situation in BiH is in place until 31 March 2024;

20. Condemns all malign foreign interference, disinformation campaigns and destabilisation efforts by international and regional actors in BiH, notably Russia’s continuing destabilisation of the Western Balkans; remains strongly concerned about prominent ties, visits and meetings between the RS entity’s leadership and high-level political figures and senior officials in Russia, the possible presence and activities of the Wagner Group in the country, as well as Russian propaganda narratives pushed by foreign and domestic actors, including those that depict the EU as an unreliable, uninterested partner;

21. Calls on all countries in the region to commit to the stability and territorial integrity of BiH, to condemn the use of inflammatory rhetoric and to contribute in a constructive manner to BiH’s progress towards EU accession;

22. Calls on the Commission, the EEAS, the EU Delegation to Bosnia and Herzegovina and the BiH authorities to intensify efforts in promoting the benefits of closer integration and to invest in communication campaigns to combat foreign influence and malign narratives, including through evidence-based responses to such threats, and by expanding StratCom monitoring to focus on cross-border disinformation threats; recommends convening dialogues with Western Balkan civil society and the private sector to coordinate anti-disinformation efforts regionally and with local expertise; welcomes the launch of a campaign by the EU Office in BiH to encourage progress on EU integration entitled ‘Progress is within reach’;

23. Calls on the EU to increase cooperation with Western Balkan partners to strengthen democratic resilience and counter hybrid threats, including on cybersecurity, protecting critical infrastructure and food and energy security; recalls that the Council acknowledged in the Strategic Compass that security and stability in the Western Balkans is still not a given and that there is a risk of potential spillover from the current deterioration in European security;

24. Stresses that the rule of law, good governance, the fight against corruption and organised crime, pluralism, support for free and independent media, fundamental rights and alignment with the CFSP need to be mainstreamed in the EU’s IPA III funding, which must be based on strict conditionality and modulated, or even suspended, in the event of significant regression or a persistent lack of progress in these areas, as enshrined in the IPA III Regulation, and safeguarded by comprehensive and thorough oversight by the Commission; reiterates its call on the Commission to develop guidelines on the application of conditionality, and to implement the recommendations of the ECA Special Report 01/2022;

25. Recalls that EU funding for projects in the RS entity must remain frozen until the reversal of democratic backsliding by the RS entity and until full alignment with the CFSP, notably on the implementation of restrictive measures; calls on the Commission to seek an opinion by Member States and the European Parliament prior to resuming the provision of funds for the RS entity;

26. Calls for improvements in the absorption of funds countrywide, including by local and regional administrations; urges BiH to put in place efficient country-wide financial management, control and audit systems for EU funds; calls for the necessary technical and financial assistance to BiH in this context; stresses that it is in the EU’s security interests and its responsibility to guarantee that EU funds do not contribute to strengthening clientelist networks or corruption;

27. Calls for the EU and the Western Balkan countries to establish a framework for effective cooperation between the European Public Prosecutor’s Office (EPPO) and the accession countries, ensuring that the EPPO can effectively exercise its competences on the use of EU funds in BiH; encourages the Western Balkan countries to swiftly conclude bilateral working arrangements with the EPPO;

28. Welcomes the establishment of the working bodies of the House of Peoples of the BiH’s parliamentary assembly; calls for BiH’s renewed commitment to the EU policy dialogue by swiftly engaging in regular inter-parliamentary cooperation through the Stabilisation and Association Parliamentary Committee (SAPC), which would contribute to the fulfilment of the 14 key priorities; welcomes the fact that the rules of procedure for the EU-BiH SAPC have been agreed;

29. Welcomes BiH’s participation in the inaugural and second summits of the European Political Community, but stresses that this positive initiative should not be an alternative to EU integration;

Democracy and the rule of law

30. Reiterates the central role of the rule of law and institutional integrity; recalls the need for harmonised, merit-based civil service standards across BiH’s administrative levels, enabling a professional, streamlined, depoliticised and accountable public administration that can deliver services to BiH citizens; calls on BiH political actors to support and establish a functioning coordination structure to steer public administration reform; welcomes progress on appointing heads of important state agencies;

31. Welcomes the fact that the elections held in October 2022 were generally well organised and competitive, and that the campaign respected fundamental freedoms of association, assembly and expression; regrets, however, that they took place against a backdrop of stagnant reforms, divisive rhetoric, reported political and financial impediments, accusations of the trading of Polling Station Commission positions between political parties, and other irregularities reported to observers, including instances of social welfare, development and public infrastructure projects initiated by incumbent presidents or governments in the election period; urges the authorities to take adequate measures to prevent issues with and abuses of public funds in the future and to address the inadequate transparency and accountability of campaign finances; expresses concern about the amount of public expenditure used in attempting to influence the electorate;

32. Takes note of the changes introduced by the High Representative to the election law and constitution of the Federation of BiH, aimed at addressing a number of functionality issues; expresses, however, concerns regarding the timing, transparency and lack of consultations in these processes; calls on the OHR to act in line with its mandate, preventing the strengthening of political or ethnic divisions and tensions in the country and in the wider region, and recalls that the Bonn Powers should be used as a measure of last resort;

33. Regrets the failure of political actors to bring the constitution and the electoral framework in line with the European Convention on Human Rights, by failing to implement rulings of the European Court of Human Rights (in the Sejdić-Finci, Zornić, Pilav and Šlaku cases); regrets also that rulings of the Constitutional Court of BiH have still not been implemented, hindering equal political rights for all citizens; calls on all decision makers to reach an agreement, in line with the verdicts of international and domestic courts as well as the Brussels political agreement of 12 June 2022; supports transparent and inclusive reforms underpinned by comprehensive consultations and public dialogue involving civil society that would enable a sustainable transformation of the Dayton Peace Agreement in line with European standards and principles, overcoming divisions and ensuring equality and non-discrimination of all citizens and adequately diverse political representation at all levels of governance, in line with EU values and principles, and progress on the path towards the EU;

34. Reiterates its respect for the legacy of the Dayton Peace Agreement, recalling its purpose in ending the war and safeguarding peace; takes note of the concept of constituent peoples but stresses that this concept should not in any way lead to discrimination of other citizens or imply any additional rights for people identifying with one of these groups compared with other citizens of BiH; condemns statements and proposals aiming to undermine BiH’s statehood and constitutional values, and recalls that BiH needs to address shortcomings in its constitutional framework, bringing it into line with EU standards and principles;

35. Calls on BiH to harmonise party registration rules and to ensure the transparency of political party financing in line with international standards and the recommendations of relevant international bodies; acknowledges the steps taken by the Central Election Commission (CEC) and calls for its capacities to be strengthened, in line with its legal procedures; strongly denounces all forms of intimidation and threats by some political actors in BiH against the members of the CEC and encourages the BiH authorities and the EU Delegation to offer support to CEC members in the event of threats; welcomes the intervention by the OHR of 7 June 2022 to improve the integrity of the electoral process and strengthen the role of the CEC after the failure of the inter-agency working group on electoral reform  and the BiH Parliament to do so;

36. Strongly encourages initiatives to improve the democratic process, democratic institutions and the rule of law in the country, such as the EU pilot project for the introduction of an electronic system of voter identification and a faster transmission of election results;

37. Calls for urgent measures to strengthen the judiciary’s integrity, independence and professionalism based on the 14 key priorities and the Priebe Report recommendations, including via additional safeguards and a consistent application of objective rules and criteria on case allocation, appointments, disciplinary responsibility, career advancement, conflicts of interest and verification of judges’ and prosecutors’ assets in order to rebuild public trust; calls for the elimination of selective justice, the case backlog, corruption, a lack of transparency and poor oversight, which undermine the full enjoyment of citizens’ rights; expresses its concern over reports of political pressure and irregularities in the selection of high-ranking judges and prosecutors;

38. Reaffirms its call on BiH to adopt integrity amendments,  a new Law on the High Judicial and Prosecutorial Council (HJPC) and a new Law on Courts in line with European standards; welcomes, therefore, the approval by the Council of Ministers of the Draft Law on Amendments to the Law on the HJPC, and calls on the Parliamentary Assembly of BiH to approve it; calls on the authorities to allow access to journalists to trials and calls on courts to publish their decisions online and respond to freedom of information requests in a timely manner;

39. Strongly opposes any attempt to establish parallel institutions at entity level, which undercuts the constitutional and legal order; condemns, in this regard, the re-adoption of the RS entity Law on Immovable Property Used for the Functioning of Public Authority, previously annulled by the Constitutional Court and twice suspended by the High Representative; takes positive note of the OHR’s decision and repeats the call to align entity legislation with the rulings of the Constitutional Court; calls on the RS entity to immediately withdraw and revoke the laws claiming state property, and to cease re-registering state assets as RS property without delay; strongly condemns the RS entity’s National Assembly’s vote aimed at establishing a separate HJPC, as well as its conclusions disputing the work of the BiH Constitutional Court, calling for its final and binding decisions to be disrespected and the blockage of its work, as well as calling on a Constitutional Court judge to resign;

40. Expresses its deep concern about the lack of progress on preventing widespread corruption and the increasing signs of state capture, political interference and obstruction¸ pressure and intimidation; calls for the transparent use of EU financial assistance; reiterates the need to investigate political and administrative links to organised crime; regrets the lack of final convictions for high-level corruption cases, which risks fostering a culture of impunity; urges the authorities to conduct criminal proceedings in a timely manner and step up efforts to effectively prosecute and arrive at final rulings in high-level corruption cases;

41. Urges BiH to adopt conflict of interest laws and an anti-corruption strategy, and enforce conflict of interest and lobbying rules across all administrative levels, together with stronger protection for whistleblowers, in line with EU standards, and to ensure the implementation of existing laws by independent institutions;

42. Calls for increased resources and competences for anti-corruption structures, including their active involvement in addressing Group of States against Corruption (GRECO) recommendations, as well as the adoption of integrity plans for these structures; points to the added value of effective country-wide and European cooperation among law enforcement agencies in the fight against corruption and organised crime;

43. Welcomes the appointment of a national coordinator for the European Multidisciplinary Platform Against Criminal Acts and expects BiH’s cooperation with Europol and Eurojust to be fully functional; welcomes, in this regard, the signature of the Rulebook on the operation of the National/Joint Contact Point for cooperation with Europol; calls for safeguards against political interference in police work;

44. Urges BiH to align its legislation and take action on anti-money laundering and countering the financing of terrorism;

45. Takes positive note of the steps taken to increase the alignment of public procurement laws with the EU acquis, as well as the adoption of a plan for integrity and the fight against corruption by the Public Procurement Agency; reiterates the need for transparency, competition and equal treatment in the public procurement process, as well as to reduce the abuse of public resources; remains concerned about the sector’s vulnerabilities to corruption and irregularities, and calls for a procurement law that sufficiently and adequately addresses them; calls, therefore, for improvement, including through stronger capacities for monitoring, management and support; calls for more robust and efficient legislation on the use of natural resources and for greater transparency and integrity, notably in the area of concessions, in particular with regard to several major projects with Chinese and Hungarian companies;

Reconciliation, regional cooperation and good neighbourly relations

46. Reaffirms the significance of genuine reconciliation, cooperation and peaceful coexistence in BiH and calls on all authorities to actively promote and ensure access to truth, justice and non-selective reparations; welcomes local-level initiatives commemorating civilian war victims, the completion of the monument in the Brčko District and the decision by the OHR to amend the Law on the Center for the Srebrenica-Potočari Memorial and Cemetery for the Victims of the 1995 Genocide, in order to facilitate the work of the Memorial Center;

47. Calls on political and religious leaders in BiH to work towards promoting unity, inclusivity, reconciliation and peace; condemns all inflammatory rhetoric and warmongering that fuel tensions and divisions in BiH society;

48. Expresses its full solidarity with all survivors of war crimes, crimes against humanity, genocide, ethnic cleansing, displacement, disappearances, killings, torture and sexual assault, and with their families; strongly condemns all historical revisionism, including genocide denial, the glorification of war crimes and war criminals, and the contestation of established facts and tribunals, notably by political leaders, as well as the vandalising of memorial sites; underlines that such acts and rhetoric are unacceptable and contrary to EU values; calls for the effective prosecution of such cases; regrets that no criminal proceedings have been initiated and no perpetrator has been brought to justice, following the amendments introduced to the Penal Code in 2021 by former High Representative Valentin Inzko criminalising these acts;

49. Condemns, in particular, the banning of a march commemorating the victims of the massacre in Prijedor by RS entity security forces; strongly condemns the violent attacks on 25 March 2023 against two returnees to Višegrad and urges the RS authorities to investigate these cases and hold the perpetrators accountable;

50. Takes positive note of the ongoing reduction in the backlog of war crimes cases, but regrets that the pace remains slow, hindering the strategic goal to solve all cases; calls, therefore, for the acceleration of criminal proceedings in war crimes cases; notes the persistent limitations in regional judicial cooperation in this regard; is also concerned by the fact that some war criminals convicted in BiH courts escape justice due to dual citizenship and residence in other states;

51. Calls on the authorities to ensure the implementation of the revised National War Crimes Processing Strategy, notably through an adequate division of cases between prosecutors’ offices, prioritising the most complex cases at state level; calls on the authorities to adopt a new strategy for the post-2023 period;

52. Calls for the harmonisation of legislation aimed at guaranteeing a wide range of rights for civilian victims of war; takes positive note of the adoption of legislation on the protection of Civilian Victims of War in the Brčko District and in the Federation of BiH, both recognising and providing rights to children; urges the RS entity to adopt legislation in this regard;

53. Calls on the state authorities to adopt a law on the victims of torture during the war; calls for support for BiH’s sharing of experiences and practices in assisting survivors of sexual violence during the war with actors now working with the survivors of sexual violence in the context of the illegal, unprovoked and unjustified Russian war of aggression in Ukraine;

54. Calls for further efforts on the issue of missing persons, including the implementation of the relevant legislation and the establishment of a fund that supports their families; encourages the authorities across the region to intensify cooperation and information sharing;

55. Stresses that insufficient progress has been made in the implementation of Annex VII of the Dayton Peace Agreement on refugees, internally displaced persons and returnees; reiterates its call for additional measures and concrete programmes on sustainable return, access to healthcare and employment, social protection and education, and full respect for their rights;

56. Welcomes BiH’s continued active participation in regional cooperation; stresses the importance of regional cooperation in promoting stability, prosperity and integration; underlines the importance of inclusive regional initiatives such as the Common Regional Market, as well as already existing initiatives such as the Adriatic Ionian Initiative, the Central-European Initiative (CEI), the EUSAIR and the Berlin Process, and calls for synergies between them;

57. Welcomes the recent agreements in the context of the Berlin Process on the Freedom of Movement with Identity Cards, on the Recognition of Higher Education Qualifications, and on the Recognition of Professional Qualifications for Doctors of Medicine, Dentists and Architects, and calls for their swift ratification; urges BiH to enhance its engagement with neighbouring countries and to swiftly enable visa-free travel between BiH and Kosovo;

58. Welcomes the Joint EU-Western Balkan Declaration on Roaming Costs; in this context, calls on the authorities, private actors and all stakeholders to facilitate reaching the agreed targets to achieve a substantial reduction of roaming charges for data as of 1 October 2023 and further reductions leading to prices close to the domestic prices by 2027;

59. Welcomes the preparations by the Council of Ministers for the Digital Summit of the Western Balkans, which will be held in Sarajevo on 2 October 2023;

Fundamental freedoms and human rights

60. Emphasises the vital role of independent media for conveying accurate, timely and transparent information; strongly condemns attacks and threats, smear campaigns, insults, intimidation and strategic lawsuits against public participation (SLAPP) against journalists and media workers, including by politicians and public figures including the recent attacks on journalists Aleksandar Trifunović and Nikola Morača, and by private companies; insists on appropriate, systematic and effective judicial follow-up and the protection of journalists, including by a special layer of protection in the criminal code and improved capacities of prosecutors and judges; underlines the importance of ensuring the transparency of media ownership and the financial sustainability of the public broadcasting system; invites the EU to increase its financial and technical support for quality media and journalism training, in particular to investigative and independent media;

61. Is deeply concerned by the introduction and parliamentary consideration of amendments to the RS entity’s criminal code reintroducing criminal penalties for defamation; urges the RS entity to withdraw the amendments and to ensure full protection of the freedom of expression and of the media;

62. Highlights the importance of ensuring adequate representation of minority and vulnerable groups in the public media, as well as media pluralism, the representation of all communities and cultures, and the availability of content in all official languages;

63. Welcomes the fact that the film ‘Quo Vadis, Aida?’ received the 2022 LUX Audience Award of the European Parliament and the European Film Academy; is, however, concerned that the public broadcaster of RS has denied the broadcasting of this film about the Srebrenica genocide; condemns the public funding by some municipalities of RS of the propaganda revisionist film ‘Republika Srpska: The Struggle for Freedom’;

64. Condemns all forms of discrimination, segregation, violence and hate speech against women, minorities, including ethnic minorities, LGBTIQ+ persons, people with disabilities, refugees, displaced persons and people on the move, and calls on BiH to ensure their protection and fundamental freedoms; urges for the implementation of effective access to legal remedies and the prosecution of such cases without delay; calls on BiH to safeguard and promote the countrywide rights of all minorities, including their rights to participate in democratic elections; recalls the need to strengthen the independence and effectiveness of the Human Rights Ombudsman; calls for the effective application of anti-discrimination and human rights policies; calls on the BiH authorities to gather statistical data on hate crimes categorised by motivation;

65. Notes the under-representation of women in politics, public life and higher ranks of security services and that gender impact assessments are not being carried out as required by law; calls on BiH to ensure gender equality in all aspects of public and private life; calls for the harmonisation of legislation on gender equality with the Istanbul Convention and putting relevant strategies in place; condemns the incidents in Banja Luka during International Women’s Day; strongly condemns increasing femicide rates and urges BiH to improve efforts to prevent violence against women as well as the institutional response to sexual and gender-based violence, to collect data on femicides, increase and improve access to victim support, legal aid and safe accommodation, and establish crisis centres for victims of sexual violence; reiterates that BiH should accelerate the prosecution of crimes of sexual violence, providing reparation to women victims of war crimes and securing witness protection;

66. Welcomes the success of the third BiH Pride March in 2022, but regrets that this event continues to face administrative obstacles and discrimination; welcomes the adoption of the LGBTI Action Plan for Bosnia and Herzegovina 2021-2024 and the establishment of a focal point in charge of overseeing anti-LGBTIQ+ hate crimes in Cantonal Prosecutor’s Offices; calls on BiH to take practical steps to promote the inclusion of and prevent violence against the LGBTIQ+ community, including by adding sexual orientation and gender identity to hate crime provisions in criminal codes;

67. Expresses its concerns about political obstructions to the freedom of assembly for LGBTIQ+ activists and incitement to violence from certain politicians; denounces the banning of a public gathering in Banja Luka in solidarity with activists, journalists, and LGBTIQ+ people; strongly condemns the subsequent violent attacks and pressure on journalists and activists in Banja Luka, as well as the insufficient police action to prevent it; further condemns the RS entity leadership’s plans to introduce a new law banning LGBTIQ+ persons from education institutions;

68. Calls for the stepping up of the protection of the rights of the Roma minority, including of their access to public services, education and healthcare; condemns the ongoing segregation and discrimination against them, particularly against Roma children in education; highlights the disproportionate poverty of Roma people; welcomes, in this context, the adoption of an Action Plan on Roma Inclusion;

69. Notes that persons with disabilities, particularly children, are one of the most marginalised groups in BiH; reiterates its call on BiH to ensure their protection, develop and adopt a strategy on deinstitutionalisation, granting people with disabilities a dignified life, in line with the Convention on the Rights of Persons with Disabilities, to which BiH is a signatory; underlines the need for equal access to support; regrets the fact that many children with disabilities continue to be placed in institutions;

70. Calls on the Federation of BiH, the RS entity and the Brčko District to draft a law on ensuring legal gender recognition based on self-determination, in accordance with European Court of Human Rights practice and the World Health Organization’s revision of ICD-11, which came into force in January 2022, and which depathologises trans identities in all areas of life;

71. Welcomes the progress on the elaboration of a law at Federal level that would give same-sex couples access to partnership rights; encourages the government to draft this law without delay; calls on the RS entity and Brčko District to also initiate processes for the drafting of legislative solutions for the recognition of same-sex partnerships, in order to provide same-sex couples with equal treatment countrywide;

72. Underscores the importance of non-discriminatory, inclusive and quality education, including by making curricula more inclusive, taking into account cultural and linguistic diversity, eliminating counter-factual content that promotes division, and fostering critical thinking; reiterates its call for an urgent end to the ongoing discriminatory practice of ‘two schools under one roof’, in line with court rulings; strongly recommends embedding reconciliation into the education process; calls on BiH to reduce the administrative barriers for students wishing to continue their education in another canton or entity;

73. Recognises the key role of civil society in improving the resilience of democratic societies and reform processes; supports the more intense participation of citizens in policy-shaping forums, such as the countrywide citizens’ assembly in BiH, and takes good note of its policy recommendations; calls on the authorities to foster a conducive environment for the work of and to systematically condemn and prosecute all threats, harassment, attacks and intimidation, including by politicians and public figures, and SLAPP against human rights defenders and civil society activists; calls for an active and open dialogue with civil society and its involvement in the EU integration process;

74. Calls for the protection and promotion of the freedom of assembly, of association and of expression to be enhanced, including by bringing laws in line with European and international standards; condemns the decision of the RS entity’s government to adopt a Draft Law on NGOs, aimed at shrinking the space and activity of civil society and that risks criminalising the work of many of its organisations, labelling those receiving international funding as foreign agents; urges the RS National Assembly not to adopt this legislation;

75. Reiterates the need for solidarity-based migration and asylum management which upholds human rights and international law, including in detention centres, and an appropriate, dignified and fair distribution of reception capacities across the country, with the effective inclusion of civil society actors in the reception response in order to ensure monitoring; notes the need to cooperate and coordinate with neighbouring EU Member States; underlines the principle of non-refoulement and the prohibition of inhuman treatment in returns; recognises the continued efforts to improve coordination at local and international level; welcomes the opening of negotiations on BiH’s upgraded status agreement with the European Border and Coast Guard Agency (Frontex) and calls for its timely conclusion in order to facilitate better protection and management of its borders, in line with fundamental rights and international standards; regrets persisting shortcomings in migration and border management, despite significant EU financial support to BiH, and calls for an increased crisis response capacity; expresses serious concerns about reports of violent pushbacks into BiH; stresses the need to increase transparency in and the democratic scrutiny of the allocation and implementation of EU funds in this field, in particular the funds implemented by the International Organization for Migration; is concerned about the reports of insufficient reception conditions in the EU-funded centre in Lipa;

76. Welcomes the adoption of the Migration and Asylum Strategy for the period 2021-2025 and calls on BiH to swiftly adopt the related action plan; calls on BiH to improve the speed, length and quality of the asylum procedures and the living conditions and safety in temporary reception centres;

77. Urges BiH to step up efforts against trans-border crime, in particular human and illicit weapon trafficking; underscores the need to improve the training and capacities of the Border Police and takes note of a EUR 5 million IPA III fund allocation in 2022 for this purpose by the Commission;

78. Calls on BiH to fully align with the EU’s visa policy to ensure a well-managed migration and security environment;

Socio-economic reforms

79. Welcomes the adoption of a strategy for public financial management reform at all levels of government, the Program of Economic Reforms for 2023-2025, the Draft Law on Budget and the Framework Budget Document for the period 2023-2025, and calls for their thorough implementation; urges the authorities to establish effective internal control systems, budget transparency and sustainable budgetary measures for state institutions; recognises the positive resumption of state-level decision-making and welcomes the improvement in BiH’s sovereign credit outlook, following the timely formation of a new state-level government and the granting of candidate status;

80. Urges BiH to prioritise measures aimed at addressing poverty, inequality and social protection, improving competitiveness and the business environment, as well as economic and social cohesion, boosting economic diversification and bringing legislation in the area of VAT and excise duties in line with that of the EU; further urges BiH to promote the digital and green transitions, address the informal economy and tackle unemployment and poverty, particularly among young people, women and people in vulnerable situations, such as inhabitants of rural areas, Roma people, children and elderly people; calls for an adequate institutional and regulatory framework, including supervisory institutions, to be put in place and for better and de-politicised governance in the public sector;

81. Urgently calls for measures to address the continued high degree of brain drain; calls on BiH to address the issue of youth unemployment, including through the implementation of policies and programmes to promote employment and entrepreneurship; stresses the importance of developing the Youth Guarantee in the Western Balkans, as well as the importance of education in promoting social inclusion and economic development, and urges BiH to invest in education and training;

82. Welcomes BiH’s association to Horizon Europe and the adoption of the Creative Europe 2021-2027 programme; welcomes the EU Support to Health Sector Reform in BiH, worth EUR 10 million, and the EU’s support for strengthening the health sector of BiH via the ‘EU4Health’ project; welcomes BiH’s full membership of the EU Civil Protection Mechanism and commends BiH’s authorities and citizens for their prompt support to the people of Turkey and Syria following the earthquake of 6 February 2023;

Energy, environment, sustainable development and connectivity

83. Welcomes the Commission’s energy support package of EUR 1 billion in EU grants for the Western Balkans to help them overcome the energy crisis, including immediate budgetary support of EUR 70 million to BiH, providing assistance to the most vulnerable households in mitigating the effects of rising prices and supporting energy efficiency in the residential and business sectors; underlines that the emergency funds must be designated to support BiH towards an energy-efficient and renewable energy-based system in line with REpowerEU; recommends strengthening BiH’s integration into the European energy market, notably in light of the need to reduce energy dependency on Russia, following the launch of its full-scale invasion and war of aggression against Ukraine; welcomes the Global Gateway initiative for a Trans-Balkan Electricity Corridor and calls for its swift implementation;

84. Urges BiH to finalise and adopt an ambitious, credible and cohesive energy and climate plan for 2021-2030; reiterates the need for it to adopt the necessary legislation on gas, electricity, renewable energy and energy efficiency, in line with the Energy Community Treaty, the Green Agenda for the Western Balkans, the Clean Energy Package and other EU standards and policy objectives on climate protection and energy, and to ensure the full harmonisation of laws at state level for a functional energy market;

85. Stresses the importance of swiftly enhancing diversification of energy sources, in line with the country’s commitments to decarbonisation; urges BiH to avoid and discontinue projects in strategic sectors, including energy infrastructure, that increase the country’s dependence on Russia and China; welcomes the Federal BiH government’s announcement to reject a proposal for an alternative Chinese subcontractor for the proposed Tuzla 7 coal-fired power plant;

86. Welcomes the selection of Sarajevo to participate in the EU Mission for 100 climate-neutral and smart cities by 2030, which will receive EUR 360 million of Horizon Europe funding covering the period 2022-2023;

87. Calls on the BiH authorities to accelerate the implementation of projects under the Economic and Investment Plan for the Western Balkans, which would allow the country to reduce its dependency on fossil fuels, promoting the pathway towards decarbonisation and aiding in meeting the objectives of the Green Agenda; underlines that the green and digital transitions and sustainable connectivity represent a driving factor for regional economic integration and integration with the EU;

88. Encourages BiH’s entity governments to increase transparency through public participation and consultation with local communities, scientific experts and civil society when planning projects; underlines the need to improve ex ante comprehensive strategic environmental assessments and align with the provisions of environmental impact assessments; emphasises the importance of the transparent and efficient use of investments;

89. Notes the positive developments in environmental protection and commends the work of local environmental organisations and civil society activists; calls on BiH to increase environmental mainstreaming in different sectoral policies and to boost the prosecution of environmental crimes; urges BiH to establish a strict application of the laws and measures for environmental protection to prevent and reduce the impact of mining research and mine operation on the environment; calls on BiH to increase the number and size of protected natural areas and maintain the integrity of existing national parks and other protected areas;

90. Is deeply alarmed by pollution in rivers; urges the BiH authorities to tackle soil and water contamination, protect its rivers, including from the harmful impact of small hydropower plants, further align with the EU acquis on water quality and nature protection, and to considerably improve waste management, including by adopting a countrywide strategy with particular attention to resource efficiency and circular economy measures;

91. Urges BiH to initiate effective air quality protection and improvement programmes in heavily polluted BiH cities, in particular Sarajevo; welcomes, in this context, the Council of Ministers’ adoption of an initiative aiming to reduce the emission of air pollutants and greenhouse gases in the heating of residential buildings and in traffic; calls on BiH to also reduce transboundary air pollution;

92 Notes that additional efforts by BiH are needed to further align with and effectively implement the EU acquis in all areas in transport; underlines the need to enhance internal and regional harmonisation and connectivity; recalls the need for connectivity reform measures and alignment with the Trans-European Transport Network and Trans- European Networks for Energy; welcomes the European investments in road and rail infrastructure in BiH, in particular the development of Corridor Vc, which will improve economic exchange and connectivity in the Western Balkans region;

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93. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Presidency, Council of Ministers and Parliamentary Assembly of Bosnia and Herzegovina, the governments and parliaments of the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District, the governments of the ten cantons of the Federation of Bosnia and Herzegovina and the Office of the High Representative.

EXPLANATORY STATEMENT

The people of Bosnia and Herzegovina have time and again demonstrated their choice for the European future of their state. Granting of the candidate status is a clear acknowledgement of their incessant work for the transformation of the country. It is also a wake-up call to the country’s political leadership, which must move away from self-interest and start working for the benefit of all of Bosnia and Herzegovina’s citizens, finally delivering on much-needed reforms.

Tectonic geopolitical, social, technological and environmental shifts leave no place for ambiguity and hesitation. Solidarity and cooperation are the only tools available for addressing joint challenges and threats. Russia’s war of aggression against Ukraine has heightened this imperative and opened the EU door wider to partners that deliver on reforms and ensure a cross-cutting alignment with common policies.

With political will and commitment, imaginary excuses and real divisions can be overcome through reconciliation and cooperation. Institutional and constitutional reforms must ensure non-discrimination and a smooth ‘transition from Dayton to Brussels’, creating a solid basis for a peaceful and functional state, where all citizens have equal opportunities to shape political and public life of their country.

It is important to recall the efforts of the independent civil society, media, civil servants and office holders, enabling Bosnia and Herzegovina’s transformation into a vibrant and prosperous multicultural state.

The European Parliament remains an ardent supporter of Bosnia and Herzegovina’s European path, based on the democratic transformation and the rule of law. The EU will continue providing substantial financial and technical support to facilitate the country’s transformation and progress. It is up to the country’s political leaders and its society to use the opportunities to move away from divisions towards a viable democratic pluralism for the sake of the whole country and its people.

The time to seize the opportunity and advance on Bosnia and Herzegovina’s political and socio-economic reforms is now.

INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

 

 

 

Key to symbols:

+ : in favour

- : against

0 : abstention