ONLINE NEWSLETTER - International No. 604
CONTENT
1. THE BOSNIAN PEOPLE REJECT ONCE AGAIN THE DAYTON CONSTITUTION
2. INDECENT E-MAIL FROM A MEMBER OF EUROPEAN PARLIAMENT
3. ILLEGITIMATE CONSTITUTION OF BOSNIA AND HERZEGOVINA
4. BRCKO AMANDMENT TRAP
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1. THE BOSNIAN PEOPLE REJECT ONCE AGAIN THE DAYTON CONSTITUTION
By Muhamed Borogovac, Ph.D., ASA, MAAA
Boston, Massachusetts, USA
Filing the law suit for genocide in 1993 at the International Court of Justice by Bosnia and Herzegovina against Serbia and Montenegro precedes all subsequent constitutional and legal arrangements for Bosnia and Herzegovina. The final judgment of the International Court of Justice supersedes all constitutional arrangements that are today imposed on the victims of aggression and genocide, including Annex 4 to the Dayton Peace Agreement (the so-called Dayton Constitution) and the Brcko Amendment.
Bosnia-Herzegovina was a victim of aggression from Serbia, as established by the UN Security Council’s Resolutions 752 and 757 in 1992, for which Serbia was punished as the aggressor by the economic sanctions and blockade..
On February 26, 2007, The International Court of Justice in its legally binding judgment in the case of Bosnia and Herzegovina v. Serbia and Montenegro “Finds that Serbia has violated the obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, in respect of the genocide that occurred in Srebrenica in July 1995.” The Court ruled that genocide in Srebrenica against the people of Srebrenica and the entire East Region of the Republic of Bosnia and Herzegovina was committed by the government and institutions of “Republika Srpska” and specifically the Army (VRS) and Police (MUP) of “Republika Srpska” and that Serbia had an obligation to prevent the genocide.
As a reminder, the war ended in the fall of 1995 when Dayton Peace Agreement has been signed. Even though it is an international treaty signed by presidents of three countries Bosnia, Serbia and Croatia (Izetbegovic, Tudjman, and Milosevic, respectively), it contained the new constitution of Bosnia-Herzegovina, the infamous Annex 4 to the Dayton Peace Agreement. This agreement was in direct violation of the international law, which prevents countries to impose constitutional changes onto its neighbor, and especially if one of them (referring to Serbia) committed aggression and violated the court imposed obligation to prevent the genocide of that neighbor.
In addition, the so-called Dayton Constitution was imposed on B&H even though the final version signed in Paris was never ratified in the Parliament of the Republic of B&H. Even worse, the provisions of the Constitution of the Republic B&H (Article 268) and procedures for the change of the constitution were totally ignored, as proven by constitutional scholars [e.g. Sienho Yee in the article “The New Constitution of Bosnia and Herzegovina” published in European Journal of International Law article ( Yee Eur J Int Law.1996; 7: 176-192)]: http://ejil.oxfordjournals.org/cgi/reprint/7/2/176 )
These days we witnessed an attempt by enemies and traitors of people of B&H to provide some legality to the illegitimate Dayton Constitution by amending it using provisions of the Constitution of the Republic B&H (the Article 268) that requires public debate. The so-called Brcko Amendment did not have any other objective but to legalize the illegitimate Dayton Agreement, as was well summarized by Professor Boyle in his interview to BosTel: www.youtube.com/watch?v=uLugRtFoVZc
In expectation that people of B&H will be in favor of the amendment to the illegitimate Dayton Constitution, traitors and enemies of people of B&H initiated public debate as part of the procedure required for the adaptation of the amendments. However, during the Public debate, which took place in series of town hall meetings in 5 major Bosnian cities and on the internet, people of Bosnia-Herzegovina overwhelmingly rejected the constitutional change. Raffi Gregorian, an Acting High Representative (AHR) and Brcko Supervisor, was quoted expressing his regrets because of the strong opposition of the people of B&H to the amendment. Transcripts of town hall meetings are available on the website of the Parliament, which clearly show that the people of B&H rejected the amendment.
At the end of the public debate, surprisingly, the constitutional committee decided to disregard the opinion of the people of B&H and to go with the amendment to the so-called Dayton Constitution, not even mentioning the results of the public debate.
People of Bosnia-Herzegovina reject any amendments to the illegitimate Dayton Constitution, as well as the Dayton Constitution itself. Now it should be clear to the world community and all freedom loving people that people of Bosnia-Herzegovina reject the illegitimately imposed Dayton Constitution as the law of the country.
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2. INDECENT E-MAIL FROM A MEMBER OF THE EUROPEAN PARLIAMENT
By Vahid Sendijarevic, Ph.D.
Troy, Michigan, USA
The following is a content of an e-mail that National Congress of Republic of Bosnia and Herzegovina (NCRBH) received on March 24, 2009 from Ms. Doris Pack, a Member of the European Parliament’s Foreign Affairs Committee and a Chairwoman of the delegation for relations with the countries of South East Europe: “Please stop your sendings.. You are destabilizing B&H even more then it was done. All those, who try to heal and are looking forward, are hindered by you.”
When Ms. Doris Pack says in her e-mail that “You [NCRBH] are destabilizing B&H even more then it was done,” she is saying that distribution of an Online Bulletin by NCRBH, as a part of the public debate regarding the Brcko Amendment and NCRBH’s opposition to the Brcko Amendment, are more destabilizing than the aggression on B&H by Serbia and rape, mass killing, ethnic cleaning, and genocide committed on people of B&H. This is the same as to say that the quest for justice by Jews 60 years after the holocaust is more destabilizing for Europe than the crimes of Nazis against Jews.
How to understand her statement, other than that she believes that people of Bosnia and Herzegovina as victims of genocide are entitled to a lower level of justice or no justice at all? Or that international law and constitutional law have no bearing on the victims of aggression and genocide?
When she says in her e-mail “All those, who try to heal and are looking forward, are hindered by you,” she suggests that no healing is possible unless the victims of aggression and genocide give up their rights to justice, freedom and sovereignty. She should know that there is no justice if the victims of ethnic cleansing and genocide are forced to sign over their sovereignty to those who did everything to exterminate them. With her statement she placed herself shoulder-to-shoulder with those who openly work to force people of B&H to accept the facts on the ground established by the aggression and genocide.
We would like to remind Ms. Doris Pack that the goal of the people of B&H is to get back what was taken from them by the aggression and genocide. Our struggle is lawful and we place our hope and our faith in the just cause.
We demand an apology from Ms. Doris Pack and the European Parliament’s Foreign Affairs Committee to people of B&H and the NCRBH for the indecent content of her e-mail.
Otherwise, we might conclude that Ms. Doris Pack and the European Parliament’s Foreign Affairs Committee regard people of B&H as a lower class of humanity, which would be a crime in itself.
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3. ILLEGITIMATE CONSTITUTION OF BOSNIA AND HERZEGOVINA
Sienho Yee; The New Constitution of Bosnia and Herzegovina; European Journal of International Law (Yee Eur J Int Law.1996; 7: 176-192)
http://www.ejil.org/ ; search “Sienho Yee”, for the free article.
http://ejil.oxfordjournals.org/cgi/reprint/7/2/176 to subscribe to the Journal.
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4. BRCKO AMANDMENT TRAP
Summary by Prof. Francis A. Boyle