Strasbourg Court/ Privileged constituent nations in Bosnia - undemocratic electoral system

2023-08-29 14:58:00, Kosova & Bota CNA

Strasbourg Court/ Privileged constituent nations in Bosnia - undemocratic

The European Court of Human Rights in Strasbourg said on Tuesday that the constituent nations in Bosnia and Herzegovina enjoy a privileged position in the current system, which undermines the democratic character of elections.

According to the Constitution of Bosnia and Herzegovina, the constituent nations are Bosniaks, Serbs and Croats.

The court made this decision following a complaint by Slaven Kova?evi?, after finding that his rights were violated and that he was discriminated against, because he was not allowed to vote for candidates for the People's House of the Parliamentary Assembly of Bosnia and Herzegovina, and for members of the Presidency of Bosnia and Herzegovina who are not part of the constituent nations and do not live in a particular entity.

Kovacevic complained that his right to vote is threatened because, as a person living in the entity of the Federation of Bosnia and Herzegovina, he can vote exclusively for Croats and Bosniaks in the election of members of the Presidency of Bosnia and Herzegovina.

According to the Constitution of Bosnia and Herzegovina, three members are appointed to the Presidency of Bosnia and Herzegovina "one Bosniak and one Croat from the entity of the Federation of Bosnia and Herzegovina" and "one Serb from the entity of Republika Srpska", which is a criterion that prohibits Jews , Roma and others to compete for posts and for members of the Presidency of Bosnia and Herzegovina, and for delegates to the People's House of the Parliamentary Assembly of Bosnia and Herzegovina, which is made up of five Bosniaks, Croats and Serbs.

In its August 29 decision, the Strasbourg Court found that the combination of territorial and ethnic claims constituted discrimination.

"This current arrangement prioritizes ethnic representation over political, economic, social, philosophical or other factors, strengthening ethnic divisions in the country and undermining the democratic character of the elections," said the Strasbourg Court.

The court underlined that the Presidency is a political body, not an entity. Its decisions and policies are for all citizens of Bosnia and Herzegovina, regardless of whether they live in the Federation of Bosnia, Republika Srpska or the Br?ko district.

She also emphasized that the existence of the House of People, composed only of representatives of the three dominant ethnic groups, would be acceptable in the context of Bosnia and Herzegovina, only if its power is limited to the strict and narrow definition of the national interests of constitutive nations./ Rel