The Chairman of the Presidency of Bosnia and Herzegovina (BiH), Zeljko Komsic, gave an extensive interview in which he said, among other things, that the European Union (EU), behind closed doors, is saying that BiH cannot become a member of the Union with the current, ethnically divided system.
The Danish presidency of the EU wants the countries of the Western Balkans to become members of the Union. However, according to Komsic, BiH is receiving different messages behind closed doors – primarily because its constitution contains discriminatory provisions.
“The EU often tells us that we cannot become members with such a constitution,” says Komsic, referring to the current system of ethnic division. “But all of that is said privately. They will never say it publicly.”
“The Western Balkans should join the EU”
At the summit in Copenhagen in October, where the topic was EU enlargement, Komsic appeared after a long meeting. While many European leaders emphasized the importance of integration, Komsic appeared rather reserved.
“To be completely honest, a significant number of EU member states are currently not interested in enlargement. What they are interested in is keeping us close to them,” says Komsic.
“One of the ways they keep us close is precisely through such meetings. They do it because they fear that other world powers could take their place.”
When asked when he realistically expects BiH to join the EU, Komsic laughed: “I wish it had already happened,” he said with a smile. “But that is not possible because our constitution violates almost all EU values.”
A constitution that violates human rights
After the breakup of Yugoslavia, a bloody war broke out in BiHbetween the three largest ethnic groups – Bosniaks, Croats, and Serbs – in which around 100.000 people were killed. The Dayton Peace Agreement of 1995 stopped the war but structured the country on the basis of ethnic division.
BiH has a three-member Presidency – a Bosniak, a Croat, and a Serb – who rotate as head of state every eight months. The country is divided into two entities: Republika Srpska (RS), where Serbs make up the majority, and the Federation of BiH (FBiH), where mostly Bosniaks and Croats live.
According to the Constitution, only members of these three peoples can be elected to the Presidency or the House of Peoples. Other citizens – Jews, Roma, and all those who do not identify ethnically – do not have that right.
Lawyer Jakob Finci and activist Dervo Sejdic filed a lawsuit before the European Court of Human Rights (ECHR) because, as a Jew and a Romani man respectively, they were prevented from running for office. In 2009, the Court ruled that the Constitution of BiH violates human rights because it restricts citizens’ political rights on the basis of ethnicity. However, the ruling was never implemented, and the Constitution remains the same and discriminatory to this day.
“The political elite has no interest in changing that”
Komsic emphasizes that, if it were up to him, such a constitution would have been changed long ago. But, as he says, that is not possible because political power in the country is shared among the three constituent peoples, and every change requires the consent of all.
“When power is rooted in ethnic divisions, most of those who gained positions through it have no interest in changing the system,” explains Professor of Balkan Studies Tea Sindbæk Andersen from the University of Copenhagen.
“The way power is structured along ethnic lines actually removes the motivation to change anything. Changes would only be possible with strong international assistance – but, realistically, that assistance does not exist.”
Reaction of Denmark
Danish Minister for European Affairs Marie Bjerre says she does not agree with Komsic‘s assessment: “I cannot agree with that. We want BiH to become an EU member. We are ready to help in implementing reforms, but we make it clear – reforms are necessary.”
“It is crucial that the country meets the basic principles of the rule of law and that citizens are not discriminated against. If solutions are found that are in accordance with human rights and European standards, there are no obstacles to such an arrangement. However, it is certain that some adjustments will be required.”
The minister adds that there are other areas in which BiH must make significant changes in order to move closer to EU membership.
Conclusion
Professor Sindbæk Andersen concludes: “I think Komsic laughed because he is aware that the EU, in reality, does not have the true will to help implement those reforms. They act according to the principle of the typical European ‘carrot,’ believing that BiH will change something just because it is told to do so. But that is simply not realistic – such changes would require a much stronger international intervention.”, Komsic concluded for Politiken.
