Amendments to the BiH Election Law, proposed by the BiH Ministry of Justice, would unfortunately contribute little to strengthening the integrity of the electoral system in BiH. At the same time, they introduce very problematic changes to the BiH Election Law, especially those related to the election of members of the BiH Presidency, the United States Embassy in BiH assessed today.
“As legal experts constantly emphasize, in order to implement the judgments of the European Court of Human Rights regarding the Presidency of BiH, it is necessary to change the Constitution of BiH. This proposal would de facto introduce a Croatian electoral unit in the Federation of BiH, which was discussed and rejected for the time of the talks – which were helped by the USA and the EU – on constitutional and electoral reform in 2021 and 2022. No progress will be achieved in the implementation of the judgments of the European Court of Human Rights regarding the Presidency of BiH if HDZ BiH continues to propose and insist on politically and legally problematic amendments to the Election Law of BiH. HDZ BiH cannot forcefully reach the solution it prefers – it must honestly negotiate and work on building the consensus and compromise necessary to change the Constitution of BiH. The party had a lot of time for this, but it did not do it “, they say from the US Embassy.
They further state that the amendments proposed by the Ministry of Justice would also change the method of election of all legislative bodies in such a way as to favor larger ethno-national parties, which could have devastating consequences for opposition political parties throughout BiH. The amendments also expose the Central Election Commission to political manipulation, instead of strengthening its capacities. Finally, these amendments do not reduce the control of political parties over electoral committees, which is a key reform necessary to strengthen democracy in Bosnia and Herzegovina.
“The purpose of the Law on Strengthening the Integrity of the Electoral Process is for citizens to regain confidence in the country’s democratic processes, among other things, by ensuring that voters’ votes are tallied as citizens voted. Their purpose is not to make leaders of ethno-national political parties who those most responsible for undermining democracy in Bosnia and Herzegovina further consolidate their positions of power. It is regrettable, but not surprising, that some political parties seek to exploit the weaknesses of the existing electoral system, instead of striving to ensure that the will of the voters is respected,” said the US Embassy in a statement sent to through social networks.
