The amendments to the Election Law of Bosnia and Herzegovina proposed by the Ministry of Justice would unfortunately do little to strengthen the integrity of BiH’s electoral system, the US Embassy in Sarajevo said commenting on the proposed document, warning that, “instead, they would introduce highly problematic changes to the BiH election law, especially regarding the election of the BiH Presidency.”

As legal experts have consistently emphasized, it is necessary to amend the BiH Constitution to address the European Court of Human Rights (ECHR) rulings regarding the Presidency, the Embassy recalled.

“The proposal would introduce a de facto Croat electoral district within the Federation of BiH, which was discussed and rejected during the 2021-2022 US-EU facilitated constitutional and electoral reform talks. There is not going to be progress addressing the ECHR rulings on the Presidency if HDZ BiH continues to recycle and insist on politically and legally problematic changes to the BiH election law. HDZ BiH cannot bully its way to its preferred outcome; it must negotiate in good faith and work to build the consensus and compromise necessary to amend the BiH constitution. It has had ample time to do so but has failed,” the embassy underlined, referring to the proposal by the strongest Croat political party, HDZ BiH, which is a part of the state-level ruling coalition.

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The embassy further explained that the amendments proposed by the Ministry of Justice, led by minister Davor Bunoza – a HDZ BiH member, “would also change the method of election for all legislatures in a way that favors larger ethnonationalist parties, which could have a devastating effect on opposition political parties across Bosnia and Herzegovina.”

“They would also make the Central Election Commission subject to political manipulation rather than strengthening its capacity. Finally, the amendments would not reduce the control of political parties over Polling Station Committees, an essential reform needed to strengthen BiH’s democracy,” it stressed.

The purpose of election integrity legislation, the embassy noted, is to restore citizens’ confidence in the country’s democracy by, among other things, ensuring citizens’ votes are counted as cast.

“It is not to entrench in power the ethnonationalist political leaders most responsible for undermining Bosnia and Herzegovina’s democracy. It is regrettable, but not surprising, that some political parties are seeking to perpetuate the weaknesses of the current electoral system rather than seeking to ensure that the will of the voters is followed,” it concluded.