Following the General Elections in Bosnia and Herzegovina, all developments and statements by political leaders point to the conclusion that citizens will have to wait the longest for the formation of the new state-level government.
The former High Representative to Bosnia and Herzegovina, Christian Schmidt, imposed amendments to the Constitution of the Federation of Bosnia and Herzegovina in 2023. The amendments limited the formation of the new Government of the Federation of Bosnia and Herzegovina and threatened political leaders with premature elections if it is not carried out within a prescribed deadline.
However, such impositions did not occur regarding the formation of the state-level government – the Council of Ministers- so political leaders don’t have to rush and can take as much time as they need to form it.
Those who are holding back the most are usually from Republika Srpska, and according to announcements, this will be the case again. State Minister Staša Košarac, an SNSD member, already announced that the Council of Ministers will be formed when “Milorad Dodik decides.” Dodik has already announced he wants to take revenge against SDA because they, according to him, “stole” from SNSD a year and a half of the term when Zoran Tegeltija was supposed to chair the Council of Ministers.
The fact that Dodik arranged a meeting with HDZ only proves that he will have a strained relationship with pro-Bosnian parties.
How long we have waited for the Council of Ministers in the past
The previous state-level government was formed in record time because the “Troika”, HDZ, and SNSD reached an agreement on everything and concluded the election of state ministers as early as January, or just three months after the elections.
However, by all accounts, it seems that this time we could return to darker times, and it is worth noting that political leaders would pay no penalties for this. Although the law provides deadlines for forming the state-level government, in practice there are no mechanisms to punish politicians if this does not happen.
According to the Law on the Council of Ministers, the Presidency of Bosnia and Herzegovina is obligated to propose a mandate-holder for the state government within 15 days of the constitution of the House of Representatives. The mandate-holder then has 35 days to propose ministers and deputy ministers. Legally, the entire process should be completed within 70 days of the constitution of the Parliamentary Assembly of BiH. However, the history of political developments in BiH has taught us that it is never quite like that.
How Long We Have Waited So Far
If we look at the past 20 years, meaning the five past election cycles, excluding this one, the formation of the state-level government after the 2010 Elections lasted the longest – 495 days. Although the elections were held on October 3, 2010, Vjekoslav Bevanda was elected as the mandate-holder in January 2012, and the government was formed a month later. Zoran Tegeltija was confirmed as chair in December 2019, and ahead of New Year’s Eve 2020, the government was formed.
Much faster agreements happened after elections in 2006, 2014, and 2022, when Nikola Špirić, Denis Zvizdić, and Borjana Krišto completed the work regarding the appointment and confirmation of ministers in 170 days.
Problems in 2010 and 2018
Following the 2010 Elections, citizens waited almost a year and a half for the new state-level government because the coalition partners could not agree on Croatian positions in the government. According to the then SDP leader Zlatko Lagumdžija, HDZ wanted all Croatian positions in the government, while the Coalition gathered around SDP, also known as the “Platform,” wanted its positions. The problem was also the appointment of the chair because Lagumdžija wanted that position, but in the end, Vjekoslav Bevanda took the position. HDZ also had a problem with Željko Komšić. They said Komšić was not a legitimate representative of Croats, and he should confirm the Council of Ministers.
The problem in the formation of the Council of Ministers after the 2018 Elections was a dispute about NATO or about submitting the Annual National Programme to Brussels.
Ministers of NATO Foreign Affairs approved in December 2018 that Bosnia and Herzegovina submit the first Annual National Programme within the Membership Action Plan. SDA insisted on submitting that document, but Milorad Dodik refused. Because of Dodik’s veto, Bosnia and Herzegovina did not deliver the ANP, which prevented the formation of government after the 2018 Elections.
The solution was found in a document with a different title. The Presidency of Bosnia and Herzegovina, on November 19, 2019, appointed Zoran Tegeltija as the mandate-holder and adopted the document “Reform Programme of BiH”, with a decision that it would be submitted to NATO the day after the House of Representatives confirmed the chair and ministers.
Submitting the document was directly conditioned by the formation of the government. The House of Representatives confirmed Tegeltija on December 5, 2019, and the Programme of Reforms was delivered to the NATO headquarters on December 23, 2019, the same day the ministers were confirmed.
Back then, the two sides interpreted the document differently. Dodik claimed that the Reform Programme does not mean activation of anything, while Željko Komšić stated that Bosnia and Herzegovina is in the MAP and that nothing can change that.
Possible Problems Now
Looking at the current political situation in Bosnia and Herzegovina, there are many disagreements between HDZ, SNSD, and pro-Bosnian parties, so it is difficult to say what could be the main bone of contention.
For a long time, SNSD has been blocking Bosnia and Herzegovina’s European path by refusing to adopt some of the key laws. Dodik has stated on several occasions that nothing will come of continuing the EU path, which is why some political leaders from the Federation of Bosnia and Herzegovina believe he should not be a partner under any circumstances.
That should be the main obstacle to any agreement between a pro-Bosnian party and SNSD. On the other hand, HDZ has already announced, following election night, that it will continue to insist on amending the Election Law.
These are expected to be only a portion of the obstacles between those who will attempt to negotiate the new state-level government with SNSD and HDZ. In any case, in the coming days we should get a clearer picture of who the partner or partners from the pro-Bosnian parties will be to negotiate with these two sides, and how much time the toughest negotiating issues might take, klix.ba writes.
