The OSCE Mission to Bosnia and Herzegovina has stated that it consistently advocates the need for a thorough and inclusive reform of the Election Law of BiH. Accordingly, they have warned that the currently proposed amendments advocated by the HDZ BiH could jeopardize the independence of the Central Election Commission (CEC) and lead to political influence on its work.
The OSCE told N1 that a revision of the electoral legislation is necessary, but that it must be carried out in accordance with the recommendations of international bodies, such as the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the Venice Commission and the Council of Europe Group of States against Corruption (GRECO).
“The OSCE Mission to Bosnia and Herzegovina (the Mission) has consistently advocated the need for a thorough, inclusive and transparent review of the electoral legislation of Bosnia and Herzegovina, primarily with the aim of improving the integrity of elections and protecting the democratic rights of its citizens. The reform of the BiH Election Law should be undertaken in a manner that enables the implementation of recommendations from key international bodies, including the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the Venice Commission and the Council of Europe Group of States against Corruption (GRECO),” the OSCE stressed.
On the influence on the CEC
The OSCE further states that the proposals put forward by the HDZ are actually concerning in the part that relates to the composition and method of selecting CEC members.
“With regard to the specific amendments proposed by the HDZ BiH, the Mission would like to remind all stakeholders that the independence of the Central Election Commission is of the utmost importance. An independent CEC is a key component of the electoral reform process that can help strengthen new democracies such as Bosnia and Herzegovina. The proposed amendments regarding the selection and appointment of CEC members would significantly undermine the autonomy and impartiality of the Central Election Commission (CEC), and make the CEC more susceptible to political influence and external interference,” the OSCE explained.
The problem and additional criteria of the HDZ for the election of a Croat member of the BiH Presidency
The OSCE also addressed the HDZ’s proposal to introduce additional cumulative conditions for the election of a Croat member of the BiH Presidency. Accordingly, they pointed to the potential consequences for the broader political system.
“Although the proposed amendments introduce additional cumulative conditions that must be met to ensure victory in the elections, the introduction of these additional conditions would have an impact on the broader political system, bearing in mind that discriminatory provisions of the Constitution and electoral legislation should be abolished in accordance with the judgments of the European Court of Human Rights and the Constitutional Court of BiH,” the OSCE clearly stated.
