Member of the BiH Presidency, Denis Bećirović, believes that the judgment of the European Court of Human Rights on the appeal of Slaven Kovačević is an important decision that indicates the incompatibility of the Constitution of Bosnia and Herzegovina with international law and generally accepted democratic principles and practices.
Like any other democratic constitution, the Constitution of Bosnia and Herzegovina, as he pointed out, should be one of the key factors in the democratization and development of the state and Bosnian society as a whole.
“The impossibility of realizing basic human rights and freedoms in Bosnia and Herzegovina, guaranteed by the highest international treaties, stems from the constitutional provisions, which, in fact, institutionalize discrimination of Bosnia and Herzegovina’s citizens to a significant extent. Earlier judgments of the European Court of Human Rights have already indicated that it is necessary initiate the process of amending the Constitution of Bosnia and Herzegovina and the electoral legislation, and their harmonization with the provisions of international law and valid democratic principles and standards,” said Bećirović.
As he adds, the judgment of the European Court of Human Rights on the appeal of Slaven Kovačević once again confirmed the discrimination against the citizens of Bosnia and Herzegovina. That verdict established a violation of active voting rights, that is, the right of citizens of Bosnia and Herzegovina to participate in the election of competent state bodies. The obligation of the state of Bosnia and Herzegovina is, he emphasizes, to ensure equal rights for all citizens.
“In order for us, as a responsible member of the international community, to persevere on this path, we need the genuine support of primarily European countries that give credibility to the European Court of Human Rights, and other friendly countries. Bosnia and Herzegovina is faced with contradictions – we have a number of important European judgments courts, and the processes of importance for Bosnia and Herzegovina, are bypassing the judgments and in that way they are moving Bosnia and Herzegovina away from the European path”, Bećirović assesses.
He believes that the judgment of the European Court of Human Rights sent an unequivocal message to Bosnia and Herzegovina – the state should take all necessary measures to protect its citizens and to eliminate any form of discrimination from the process of socio-political decision-making.
“In accordance with the valid (international) democratic standards, the citizen is the primary political subject and as such he should be given the right to vote, regardless of which part of the BiH state territory he lives in and regardless of which ethnic group he (does) belong to.” (and be elected) to state authorities,” Bećirović points out.
As he emphasized, Bosnian society is pluralistic and should be nurtured as such.
“In such a society, collectivities must not be above the individual. The guarantee of individual human rights and freedoms simultaneously protects numerous social groups to which citizens, based on their identities, belong and with which they identify to a certain extent. The future of Bosnia and Herzegovina is clear – it is necessary is to build and strengthen the state and make it more effective in protecting its citizens. At the same time, its multicultural character must not be denied,” states the statement of the member of the BiH Presidency, Denis Bećirović, on the occasion of the judgment of the European Court of Human Rights in the case of Slaven Kovačević v. Bosnia and Herzegovina.
