Transparency International in Bosnia and Herzegovina criticised the ruling majority in Republika Srpska entity for “trying to create a parallel election administration and prevent the conduct of legal elections” by adopting its own Election Law, stressing that the steps that the entity institutions have made are contrary to the Constitution of BiH, the Election Law of BiH and Annex 3 of the Dayton Peace Agreement.
Such move, according to the Transparency International, creates “legal uncertainty and chaos” and “threatens stability in order to preserve its own control over the electoral process and institutions.”
The statement comes a day after the National Assembly of Bosnia's Republika Srpska entity passed its own Election Law, in response to the international peace envoy's recent imposing of technical changes to the Election Law of BiH, after political leaders failed to reach an agreement on the matter.
The TI BiH called the ruling majority in Republika Srpska entity “the authoritarian regime” and warned that by adopting the Election Law of the RS it “left the framework of the legal order of BiH.” Also, it added, with the Law on Immunity it legalised the placing of holders of key executive and legislative positions above the law, thus completely threatening the fundamental principle of the rule of law.
“Instead of improving the existing legal framework and eliminating the shortcomings that in the previous period enabled systemic electoral theft, now not only the blockades of the electoral reform are on the scene but also the introduction of a parallel electoral system and the passing of laws, whose sole aim is the survival of the ruling structure in power and ensuring complete impunity in that process,” Ti BiH said, warning that the law adoption means an attempt to prevent legal elections and the expression of the electoral will of citizens through the use of legal violence.
Republika Srpska National Assembly also adopted the Proposal of the Law on Immunity, which , according to TI BiH, “opens up a huge space for crime and impunity for criminal acts of corruption committed by the highest-ranking officials.”
Such law would grant amnesty to the holders of the most responsible executive positions from the criminal prosecution for any acts they might commit “out of their jurisdiction”, which is contrary to all international standards, TI BiH said.
“Both laws can have immense consequences on the fundamental human rights of citizens to vote and be elected but also the consequences in terms of legalising the unlimited arbitrariness of the holders of executive and legislative power. The consequences of these laws are no less dangerous from the aspect of legal security and disruption of the country's stability,” TI BiH underlined.
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