The Path to Partnership for Peace Report of the Defence Reform Commission Bosnia and Herzegovina, September 2003 THE PATH TO PARTNERSHIP FOR PEACE: REPORT OF THE DEFENCE REFORM COMMISSION Change is resisted because many people fear the uncertain future it will produce. We must, therefore, envision, describe, and chart a path to the attractive future that is within Bosnia and Herzegovina’s grasp. Partnership for Peace, NATO, and the Euro- pean Union - this future offers security and prosperity that is much greater than the current situation. Submitted by the Defence Reform Commission Sarajevo September 25, 2003 25 September 2003 Chairman Lord Paddy Ashdown Mr. James Locher III High Representative Office of the High Representative Commissioners: Emerika Bluma 1 Mr. Enes Becirbasic Sarajevo Secretary General, SCMM Amb. Robert Beecroft Dear Lord Ashdown: OSCE Representative We are pleased to present the report of the Defence Reform Commission, Mr. Lutvo Mehonic Representative of the in accordance with your Decision 139/03 of May 9, 2003. President of FBiH The legislative proposals offered in this report comply with the Mr. Miroslav Nikolic Minister of Defence, FBiH requirements of your decision, guidelines for membership in NATO’s Partnership for Peace programme, and OSCE politico-military Mr. Stjepan Pocrnja commitments of Bosnia and Herzegovina. If the Commission’s legislative Deputy Secretary General, SCMM proposals are enacted into law, Bosnia and Herzegovina will become a credible candidate for Partnership for Peace. Mr. Nikola Radovanovic Representative of the The Commission established three criteria to guide its work. It agreed President of the RS that its recommendations needed to be organizationally sound, politically Amb. Robert Serry acceptable, and capable of full and timely implementation. NATO Representative Consistent with these criteria, this report recommends creation of a single Mr. Savo Sokanovic Deputy Secretary defence establishment with an appropriate and workable division of General, SCMM responsibilities between State and entity officials and organizations. The Commission reached consensus on a wide range of contentious issues, Mr. Milovan Stankovic suggesting that many interests will support its recommendations. Minister of Defence, RS Throughout its work, the Commission considered the implementation Lt.Gen. William Ward challenges of its recommended changes and is convinced that they can be SFOR Representative managed as long as there is sufficient motivation and political will. Amb. Werner Wnendt Representative of the EU The Commission gave special attention to the need for the Armed Forces Special Representative of Bosnia and Herzegovina to be affordable. It has recommended downsizing of many elements of the defence establishment: active forces, Observers: reserves, conscription, ministry headquarters and field staffs, weapon Amb. Sina Baydur storage sites, and excess property. State and entity governments will Representative of the Organization of Islamic need to act decisively on downsizing if Bosnia and Herzegovina is to have Conference a balanced defence budget and to create a modern and professional force capable of meeting NATO standards. The international community will Amb. Clifford Bond also need to act decisively to provide financial assistance needed to Representative of the United States initiate key defence reforms or downsizing programs. Amb. Saba D’Elia The Commission has also recommended that Bosnia and Herzegovina look Representative of the European Union Presidency beyond Partnership for Peace and make an explicit commitment to achieving membership in NATO in the future. Qualifying for NATO Amb.Alexander membership will require additional reforms. The Commission’s Grishchenko Representative of the recommendations provide a basis for these future reforms. In this regard, Russian Federation the Commission considers its recommendations as an important first step on Bosnia and Herzegovina’s road to NATO membership and full integration with Euro-Atlantic structures. Defense Reform Commission Fra Andjela Zvizdovića 1, UNITIC Tower A, 19th floor 71000 Sarajevo · Bosnia and Herzegovina Phone: +387-33-752-100 • Email: [email protected] • FAX: +387-33-752-354 The Commission looks forward to assisting State and entity governments and parliaments in their consideration of the recommendations in this report. Commissioners: James R. Locher III Mr. Nikola Radovanovic Chairman Representative of Dragan Cavic, President of Republika Srpska Mr. Enes Becirbasic Amb. Robert Serry Secretary General of the Head, Crisis Management and Operations Standing Committee on Military Matters Directorate, NATO Amb. Robert Beecroft Mr. Savo Sokanovic Head of Mission Deputy Secretary General of the OSCE Mission to Bosnia and Herzegovina Standing Committee on Military Matters Mr. Lutvo Mehonic Mr. Milovan Stankovic Representative of Niko Lozancic, Minister of Defence of Republika Srpska President of the Federation of Bosnia and Herzegovina Mr. Miroslav Nikolic LTG William Ward Minister of Defence of the Federation of SFOR Commander Bosnia and Herzegovina Mr. Stjepan Pocrnja Amb. Werner Wnendt, Deputy Secretary General of the Representative of the European Union Standing Committee on Military Matters Special Representative Defense Reform Commission Fra Andjela Zvizdovića 1, UNITIC Tower A, 19th floor 71000 Sarajevo · Bosnia and Herzegovina Phone: +387-33-752-100 • Email: [email protected] • FAX: +387-33-752-354 Alternate Commissioners: Adm. Hugh Edleston Mr. Bruce McLane OSCE Mission to Bosnia and Herzegovina Representative of NATO Observers: Amb. Sina Baydur Amb. Saba D’Elia Representative of the Organization of Representative of the Islamic Conference European Union Presidency Amb. Clifford Bond Amb. Alexander Grishchenko Representative of the United States Representative of the Russian Federation Defense Reform Commission Fra Andjela Zvizdovića 1, UNITIC Tower A, 19th floor 71000 Sarajevo · Bosnia and Herzegovina Phone: +387-33-752-100 • Email: [email protected] • FAX: +387-33-752-354 Defence Reform Commission Staff Members DRC Secretariat Staff Johannes Viereck, Special Advisor/ Chief of Staff Ric Bainter, Senior Legal Advisor/ Chief of Staff Elizabeth Baxter, Legal Assistant Daniel Saracino, Deputy Chief of Staff Jeff Fitzgerald, Senior Report Writer Michael Donley, Special Advisor Malik Tanovic, Senior Interpreter Tia Johnson, Legal Advisor Daniel Korski, Political Advisor Jamie Young, Report Writer Heinz Vetschera, Report Writer Sanja Maric, Project Assistant Ninoslava Maric, Personal Assistant Jasmin Mekic, Project Interpreter Adisa Rhotert, Interpreter Nermin Dzomba, Driver Working Group Members Policy Working Entity Working Implementation Group Group Working Group Parliamentary Rod Belcher Wally Walters John Sewall Dragan Kapetina Oversight Work- Vlado Simeunovic Nasuf Hadziahmetovic Rasim Delic ing Group Tom Shane Hans Odenthal Vlado Topic Vedran Hadzovic Heinz Vetschera Slavko Marin Petar Szappanos Francesca Binda Salko Gusic Yavuz Aktas Vinko Drinovac Christian Haupt Antun Ivan Siric Novak Paprica Ivan Vrankic David Galles Legal Working Michael Donley Technical Working Bosko Gvozden Group Mirsad Ceman Group Ric Bainter Ramiz Drekovic Velimir Sakan Zoran Sajinovic Spomenka Coric Alis- Slavko Zmaric Martin Kohl pahic Muhamed Smajic Zoran Cvetkovic Momo Sevarika Conscription Work- Vahid Karavelic Dragica Knezevic Sergey Bazdnikin ing Group Zvonko Sesar Nebojsa Supic Zivko Totic Zeljko Marjanovic Tauno Aaltonen Tia Johnson Dragan Vukovic Lena Andersson Fikret Cuskic Adnan Selimagic Dusan Kukobat Administrative Support provided by the OSCE Mission to Bosnia and Herzegovina. Additional support provided by the Department of Security Co-operation. Cover design by the OSCE Mis- sion graphic design unit. Defence Reform Commission: The Path to Partnership for Peace Contents 1. Executive Summary……………………………………………………………………………………………………… 1 2. Concept Paper……………………………………………………………………………………………………………… 7 3. Benefits of Membership in Partnership for Peace……………………………………………………….. 26 4. Mandate for Defence Reform………………………………………………………………………………………. 33 4.1 Summary of the Defence Targets of Bosnia and Herzegovina…………………………… 34 4.2 Summary of the Decision of the High Representative of May 9, 2003………………. 36 4.3 Guidelines for Partnership for Peace and NATO Memberships……………………………. 37 4.4 Summary of OSCE Politico-Military Obligations…………………………………………………… 40 5. Current Situation…………………………………………………………………………………………………………. 42 5.1 Current Institutional Arrangements……………………………………………………………………… 42 5.2 Current Constitutions and Laws……………………………………………………………………………. 51 5.3 Current Parliamentary Responsibilities………………………………………………………………… 63 5.4 Current Situation of the Armed Forces of Bosnia and Herzegovina……………………. 67 5.5 Defence Expenditures in Bosnia and Herzegovina………………………………………………. 71 6. Assessment…………………………………………………………………………………………………………………… 77 7. Findings of the Commission…………………………………………………………………………………………. 82 7.1. State-Level Defence Reforms…………………………………………………………………………. 82 7.1.1 Defence Law of Bosnia and Herzegovina…………………………………………………. 82 7.1.2 Revised Decision on Organisation and Functioning of Defence Institu- tions of Bosnia and Herzegovina……………………………………………………………… 119 7.2 Republika Srpska Defence Reforms……………………………………………………………………. 124 7.2.1 Amendments to the Constitution of Republika Srpska…………………………… 124 7.2.2 Amendments to the Law on Defence of Republika Srpska……………………… 129 7.2.3 Amendments to the Law on the Army of Republika