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The Bosnia and Herzegovina diaspora calls for the immediate withdrawal of amendments to the Election Law in Bosnia and Herzegovina proposed by the High Representative, Christian Schmidt.

The Bosnia and Herzegovina diaspora calls for the immediate withdrawal of amendments to the Election Law in Bosnia and Herzegovina proposed by the High Representative, Christian Schmidt.

The role of the High Representative in Bosnia and Herzegovina (BiH) is to aid the BiH society and institutions in overcoming the difficult legacy of war and becoming a modern democracy. Instead of democratic principles, the latest amendments to the Election Law proposed by the High Representative in BiH introduce unknown categories such is “ethnic census” in the election process. The High Representative in BiH proposal solidifies ethnic divisions and differences in political systems between the country’s two entities – The Federation of BiH (FBiH) and Republika Srpska (RS). Essentially, proposed amendments to the electoral law, solely focused on the entity FBiH entity, advance sectarianism that does not exist and would not be acceptable in democratic countries of the European Union (EU).

Via proposed amendments to the Election Law, the High Representative in BiH surrendered under nationalist pressure and is working towards entrenching ethnic segregation at the expense of BIH citizens’ individual rights and freedoms. It is incredibly disappointing that the High Representative presented his proposal of amendments to the Election Law at a moment when Bosnia and Herzegovina successfully moved to overcome the barriers to its entry into NATO and the EU. Proposed amendments are a capitulation of the High Representative in BiH to a small group of nationalists who act as an extended arm of Vladimir Putin in Bosnia and Herzegovina.

BiHUnited demands the High Representative in BiH revoke proposed amendments to the Election Law. The proposed amendments are legally and ethically unacceptable for the following reasons.

Firstly, international courts have established that genocide and mass crimes of a broad and systematic scale have been committed in Bosnia and Herzegovina. The International Criminal Court for the Former Yugoslavia and the International Court of Justice determined that:
1. The army and the police of entity Republika Srpska committed genocide on the territory of Bosnia and Herzegovina;
2. That Republic of Serbia did not prevent the genocide in Bosnia and Herzegovina;
3. That the war-time leaders of the Republic of Croatia, Croatian Democratic Union (HDZ), the Croatian Democratic Union in BiH (HDZ BiH), and the institutions of then “Croatian Community of Herceg Bosnia” acted in a joint criminal enterprise to systematically destroy non-Croat population in parts of Bosnia and Herzegovina.
Expressing regret and compassion for the victims of these crimes and then suggesting amendments to the Election Law that would further reward genocide and systematic ethnic extermination is unacceptable: it only strengthens ethnic segregation and discrimination within Bosnia and Herzegovina.

Secondly, if preventing further atrocities even at the cost of rewarding war crimes and genocide could have been a reason forthe 1995 Dayton Peace Agreement, introducing, in the year 2022, discriminatory amendments to the election law to the liking of persons convicted for mass crimes is unacceptable. It is intolerable that democratic principles are respected in European countries while the High Representative proposes amendments to the electoral law that would irreversibly cement ethnic divisions in Bosnia and Herzegovina.

Finally, with the proposed amendments to the Election Law, the High Representative in BiH effectively nullifies numerous verdicts of the European Court of Human Rights in Strasbourg, such are those in cases Sejdic and Finci, Azra Zornic, and others. In all these judgments, the European Court of Human Rights established that ethnic discrimination embedded in the 1995 Dayton Peace Agreement is contrary to the European Convention on Human Rights. If the High Representative in BiH implements the proposed amendments to the Election Law, many BiH citizens who do not declare as members of the three constituent peoples would be effectively disenfranchised and left without equal and effective voting rights.

As one of the global networks of the BiH diaspora, BiHUnited demands the German Parliament and Government prevent the High Representative in BiH from violating European and democratic principles in BiH via implementation of the proposed amendments to the Election Law. Through networking and education of individuals and organizations of the BiH diaspora, BiHUnited will continue to advocate for democratic, peaceful, united, and indivisible Bosnia and Herzegovina – a system that many members of our diaspora enjoy worldwide.

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