Elections are due in the fall, and the three ethnic groups have been fighting over the electoral law for months. Right in the middle of the controversy was the High Representative, a German. An attempt to explain a particularly complex country.
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“We want a country where everyone is equal,” reads one of the numerous banners. Around 7,000 citizens gathered in front of the Office of the High Representative in Sarajevo (OHR) earlier in the week. Head of this institution of the international community in Bosnia and Herzegovina is a German, Christian Schmidt, former German Minister of Agriculture. The message from the demonstrators to Schmidt is clear: we will not accept any changes to the electoral law.
The background: Schmidt wants to make changes to the electoral law. Critics of the alleged law correction speak of discrimination, apartheid, even of new genocide.
Almost at the same time, Croatian Prime Minister Andrej Plenković is visiting another place in Bosnia and Herzegovina – in Mostar. His interlocutors: representatives of the Croatian Democratic Union (HDZ) of Bosnia and Herzegovina – the strongest Croatian party in Bosnia and Herzegovina. They welcome Schmidt's electoral law reform.
Controversial electoral law
Changes to the electoral law have long been a stumbling block in the torn country. Numerous negotiations were unsuccessful. The polemic that was widespread in the media focused on the assumption that Schmidt wants to introduce a three percent clause. The elections of deputies to the House of Peoples of the Parliamentary Assembly of the Federation would be affected.
That would be in the ten cantons of the Bosniak-Croatian Federation (not in the Republika Srpska!), where less than three percent live in a constituent nation, it is no longer possible to elect a delegate from that nation.
Civil vs. ethnonational
The Croatian HDZ is vehemently campaigning for the introduction of the clause. She claims that this would prevent the election of Bosniaks who formally declare themselves Croats in cantons where very few Croats live.
This, the Bosniaks replied, would prevent ethnic cleansing during of the war and discriminate against the Bosniaks as the most numerous people.
There is a fundamental controversy behind the electoral law issue. It's about two different social models. Should Bosnia be a civil and multi-ethnic, or an ethno-national society?
Victory of the nationalists
The division of the country according to the ethnic-national principle began with the first democratic elections in 1990. The multi-ethnic state, often referred to as “mini-Yugoslavia”, consists mainly of the three ethnic groups of Bosniaks (Muslims), Serbs (Orthodox) and Croats (Catholics). However, Sephardic Jews and Roma also live in Bosnia, although their number is decreasing.
Protests in Sarajevo against the Plans about the electoral law changes
The four-year war ended in de facto victory for the nationalists. The Dayton Peace Accords gave the country a constitution that largely cemented ethnic divisions.
The constitution is unique and incomparable on a European scale. The country consists of three constituent nations, two entities – the Federation of Bosnia and Herzegovina (in which Bosniaks and Croats have equal rights, but Bosniaks have the majority) and the Republika Srpska, which is predominantly Serbs. In the ten cantons of the federation, some have a Bosniak majority, others a Croat majority.
Human rights violations
Despite the country's de facto ethnic division, civilian, multi-ethnic Movements active fighting against (further) divisions along ethnic lines.
In this context reference is also made to the judgments of the Court of Human Rights in Strasbourg. Namely, the BiH constitution provides that only members of the constituent nations – Bosniaks, Serbs and Croats – may stand for election to the BiH Presidency and the Parliamentary Assembly. That means Jews and Roma are excluded.
The role of the Office of the High Representative
The Dayton Peace Accords brought another distinctive feature to the country – the Office of the High Representative in Bosnia and Herzegovina (OHR). An institution whose mandate relates to the implementation of the civilian aspects of the peace agreement.
The High Representative can, for example, dismiss officials who violate the Dayton Accords or impose or annul laws. This makes Bosnia a semi-protectorate.
Torn between different interests
Behind the OHR is the Peace Implementation Council (PIC), which is a group of 55 countries and international organizations. The High Representative is proposed by the PIC Steering Committee (which includes the US, Canada, Russia, Japan, the UK, the EU and Germany).
Clear message to German High Representative Christian Schmidt
Even a cursory glance at the member countries of the PIC makes it clear that Bosnia and Herzegovina are viewed with different geopolitical interests.
According to information from diplomatic circles, the USA was among those involved in the current controversy surrounding the election law and Great Britain responsible for the expected changes. According to unofficial information, it was Washington that put pressure on Schmidt to make a decision in favor of lobbying Croatia.
The change in the electoral law will be awaited
But after extremely stormy reactions, Schmidt apparently gave up on the changes to the electoral law that had been speculated in the media. In the end, he made a decision of a technical nature related to better monitoring of the election to prevent voter fraud. Schmidt has refrained from further-reaching whale law changes for the time being.
He wants, as he says, to give the politicians in Bosnia another chance to bring about the necessary changes themselves so that they do not make use of his special powers must.