Friday, July 6, 2012

Update: July 3rd

(I know that I'm a few days behind. It's been a wicked busy few days. I should have this blog up to date on the 8th)

When I think some something witty to say about the above picture, I will promptly edit this post and no one will ever notice.




What was I writing? Ah, yes. July 3, 2012. Tuesday was a doozy of a day. The temperatures were pushing the mid-high nighties and I decided to wear a full suit. Why did I wear a full suit on such a warm day, which involved a 3/4 mile walk (one way) in the sun? Excellent question, dear reader. We had a meeting with the Foreign Policy Adviser to the Bosnian Presidency (there are 3 presidents, so he has three bosses... can you imagine, say, an American Presidency with Obama, McCain and Ron Paul? Yeah, that's what I thought). 
After we got settled into a warm Austro Hungarian era room, with a couple paintings and chandelier, Elvir Comdzic, the Foreign Policy Adviser arrived. Although his position involves foreign policy, he briefed us on his perspective of the current state of affairs in BiH. Although he covered a few different topics, the main issue he discussed was the constitutional issues behind the court case Sejdic and Finci v. Bosnia and Herzegovina, decided in 2009. The European Court of Human Rights ruled that the constitution of BiH, which was established by the officially war-ending Dayton Accords in 1995, contained de facto discrimination by only allowing Bosnians, Croats and Serbs, but not other minority groups, to run for the Presidency (stay tuned- we met Jacob Finci on July 5). As a part of the ruling, the ECRH demanded that BiH amend its constitution to end discrimination (this will also be necessary for European Union ascension). As of today, BiH has not amended its constitution to comply with the ruling, even though it is a party to the European Convention on Human Rights and therefore compelled to do so. As Comdzic explained, this constitutional dilemma illuminates the overarching theme of BiH politics that any political decision must maintain the balance of power between the three main ethnic groups.

After listening to Comdzic and other BiH citizens speak about the issue, it seems as though there is wide agreement that the constitution is discriminatory, but there is no agreement on a solution. As pointed out by some observers, people who support the decision may not think that their ethnic group would suffer if the decision was implemented. 

At this point of my blog entry, before inserting some of my own commentary, I do want to clarify that I am writing from the perspective of a straight white American male and I recognize the privileges known and unknown to me that are associated with my Regular White Guy (RWG) status. That being said, I think that I am gaining a new appreciation for ethnic/racial political issues in the United States. There are always ethnic or racial undertones (or overtones) in US politics, but I have never been in the position where I have consciously voted based on what I as a RWG would have to gain against other ethnicities. 

With all due respect to the experience of everybody in BiH, it seems as though the ethnic divides in the constitution/Dayton Accords have been a stronger force for keeping the ethnicities within BiH divided rather than united. Of course, I can not think of how I would structure the government differently in 1995 (the closest comparisons I can think of in US history are compromises made about the slave trade in the Constitution and in new states). I think that some in BiH, including members of the Presidency and Parliament, recognize that the 1995 Dayton Accords were not meant to be permanent, but the opportunity for a complete constitutional overhaul has not presented itself with any possibility of success. As Comdzic alluded to in articulating one of his personal opinions, such an opportunity may materialize if the international community took three huge steps back from influencing BiH policy and forced the BiH government to solve its constitutional issues.

The involvement of the international community in the discrimination case has also evoked more debate in BiH about the balance of power in Bosnia and Herzegovina. As I explained in an earlier post, BiH is politically and territorially divided into the Federation of Bosnia Herzegovina, including its ten canons, and the Republic of Srpska. This means that, like the US, there are commissioners of education for each level of government. Also like the US, there is ongoing debate about how much power each level should have and whether or not to add, maintain or eliminate certain agencies. On top of these domestic issues, BiH also has to consider its EU aspirations, which will likely require BiH to add certain agencies and change other parts of its constitution. 

During our conversation, Comdzic voiced his frustration with BiH politics concerning EU ascension. Comdzic advocated Bakir Izetbegović's approach of trying to find the right debate to have by not viewing EU ascension as a zero-sum game where in order for somebody to win, somebody must lose. From what Comdzic told us, Izetbegovic has has tried to focus on policies that will benefit everybody in BiH, not just members of any one ethnic group. I have yet to verify this on my own, but I am hopeful for the people of BiH that their politicians will begin putting the state interest above their ethnicity's interests. After all, EU membership is a serious commitment, beyond just the pursuit of EU ascension funds. Military and police reforms have been attempted with varying degrees of success thus far, but more political and economic mandates will surely come down from the EU to see if BiH is serious about playing ball. I doubt that the EU will admit BiH as a member if BiH politics don't make serious progress soon. 

So, herein lies one of the many paradoxes of BiH politics: BiH politicians may very well have more success in hammering out solutions to constitutional issues if the international community were to remove itself from BiH policy. However, without international guidance and/or resources, the needed reforms may not pass. Perhaps, and maybe this is the most radical idea in this post, BiH might consider a constitutional convention and start from scratch. While this might raise some issues that have not entered into serious debate since the breakup of Yugoslavia, I think it might give BiH a chance to outline and establish its values and establish a government that reflects those values and serves the needs of the citizens of BiH. From this hypothetical new constitution, it would be clear how serious BiH is about EU membership. The ball is in their court. 

Oh, by the way, President Izetbegovic dropped in for a photo opp :D


After the meeting with Comdzic, we walked a few more blocks to BiH Parliament (complex pictured above) for a meeting with the Constitutional Committee. They discussed many of the same constitutional issues as Comdzic, such as discrimination and the powers of the different levels of government. They also discussed the importance of establishing and maintaining freedom of movement for people, goods and services. The only justification I recall that they gave was that better infrastructure will help people return to or visit their pre-conflict homes. The MP's also agreed that BiH citizens need to be able to have effective institutions to trust in, although they acknowledged differences on how those institutions should operate. When I asked if the canton system was effective at maintaining the ethnic balance, or if it would be considered as a tool to reform the constitution, the MP's essentially said that it would stay in place. I don't think I expected anything different, but I thought that some redistricting might come in handy to address the European court's decision. 

On our way back to the hotel, I snapped a picture from afar of the Eternal Flame:






After a nap and decompression time, I went out with a couple other students to an excellent dinner of Lamb Kebab. The Catholic Cathedral was on our way and is ever so slightly more picturesque at night:


That does it for this update. I apologize that I am about four days behind, but I will catch up over some kebobs, kafa and/or pivo this weekend. 

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