The European Court of Human Rights (ECHR) has recently ruled that Bosnia and Herzegovina’s political system allows for undemocratic elections and encourages ethnic divisions. The decision highlights that dominant ethnic groups, including Bosniacs, Croats, and Serbs, have privileges not available to other ethnic groups.
The Court held in the case of Kovačević v Bosnia and Herzegovina that the country had violated Article 1 of Protocol No. 12 of the European Convention on Human Rights. Under the Bosnian system, only individuals who declare an association with a dominant ethnic group can run for the House of Peoples and Presidency. The Court noted that this tendency exacerbates ethnic divisions and undermines the democratic nature of elections.
The judgment emphasizes that all societal segments should be represented since the House of Peoples approves all legislation. The present situation makes ethnic considerations more relevant than political, economic, social, philosophical, and other factors. This is despite Bosnia and Herzegovina’s obligation to reform its electoral system according to Council of Europe standards, a commitment made when it joined in 2002.
The European Commission (EU) spokesperson has responded to this decision, urging Bosnia and Herzegovina to meet the 14 key priorities set in the Commission’s 2019 opinion on its EU membership application in order to open EU accession negotiations. Bosnia and Herzegovina was granted EU candidate status last December. The spokesperson additionally urged Bosnia and Herzegovina to ensure equality and non-discrimination at a constitutional level.
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