Reforma izbornog zakonodavstva Bosne i Hercegovine

Reforma izbornog zakonodavstva Bosne i Hercegovine
Reform of the electoral legislation of Bosnia and Herzegovina

Contributor(s): Ivan Cvitković (Editor)
Subject(s): Gender Studies, Constitutional Law, Human Rights and Humanitarian Law, Civil Society, Government/Political systems, Electoral systems, Politics and society, Transformation Period (1990 - 2010), Present Times (2010 - today), Inter-Ethnic Relations
Published by: Akademija Nauka i Umjetnosti Bosne i Hercegovine
Keywords: Electoral legislation; Constitution of BiH; Electoral process; 1996-2018; Women in politics and elections; Parliamentary assembly; Constitutional policy;
Summary/Abstract: Biračka masa u Bosni i Hercegovini je pretežnim dijelom tradicionalno opredijeljena. Sva politička aktivnost naroda kao da se svodi na sudjelovanje na izborima. I tu se pokazuje slab odziv birača što bi moglo značiti da je taj dio biračkog tijela izgubio nadu u boljitak ili željenu promjenu vlasti. Ne samo da izbori gube moć privlačenja interesa javnosti, ne uspijevaju ni u rješavanju kriza. Ljudi su počeli gubiti zanimanje za njih. Vlada široko rasprostranjeno mišljenje da se radi o „igri bez pobjednika“. Otud svaka rasprava o izborima i izbornim pravilima zaokuplja pažnju političke i intelektualne javnosti. Odjeljenje društvenih nauka sa svojim odborima za političke, prave i sociološke nauke ANUBiH smatralo je korisnim organizirati naučno-stručni simpozij o reformi izbornog zakonodavstva Bosne i Hercegovine. Pred čitateljima je Zbornik radova o temi Reforma izbornog zakonodavstva BiH, nastao na osnovu priopćenja prispjelih za naučno-stručni simpozij o istoj temi. Prilozi pokazuju da se temi prišlo iz različitih perspektiva: političke (radovi S. Kovačevića, A. Arapovića, G. Kovačevića i N. Korajlića, D. Arnauta, E. Fejzića, E. Huruz Memović, M, Pejanovića, S. Arnautovića, E. Sadikovića), pravne (radovi M. N. Simovića i M. Simović, Z. Begića), sociološke (radovi S. Vukadinovića, S. Kukića, A. Ždralović, P. Mijovića, Ž. Papića), iskustvene (radovi B. Borić i V. Šehića). Omogućilo je to iznošenje različitih stavova i pogleda što i jeste cilj ovakvih simpozija: sagledati temu iz raznih znanstvenih perspektiva i iznijeti različita mišljenja.

Series: Posebna izdanja ANUBiH

E-ISBN-13: 978-9926-410-66-7
Page Count: 330
Publication Year: 2021
Language: Bosnian, Croatian, Serbian

Kritične tačke unapređenja izbornog sistema Bosne i Hercegovine – rubikon demokratizacije

Kritične tačke unapređenja izbornog sistema Bosne i Hercegovine – rubikon demokratizacije
(Critical Points for Improving the Electoral System of Bosnia and Herzegovina - Rubicon of Democratization)

Author(s):Adis Arapović
Language:Bosnian, Croatian, Serbian
Subject(s):Gender Studies, Constitutional Law, Government/Political systems, Electoral systems, Politics and society
Page Range:11-27
No. of Pages:17
Keywords:electoral system; electoral law; electoral principles; political parties;
Summary/Abstract:The slow or blocked implementation of the election results after the 2018 General Elections deepened the overall political crisis in BiH, so even 20 months after the elections, the election results were not fully implemented. The BH electoral system thus becomes a permanent catalyst for political blockades, and as such slows down or blocks the process of consolidating parliamentary democracy. The last three election cycles have undoubtedly confirmed the paradox of the electoral system and the Election Law. Namely, all relevant actors, from the election administration, through domestic and international independent election observers, to political entities themselves, although with a number of well-founded objections and documented anomalies in the election process, generally recognize election results and unanimously advocate thorough improvement of the electoral system. This study provides theoretical and empirical insight into key provisions of electoral legislation or critical points of the electoral system that must be innovated, redefined and modernized in order for the consolidation of parliamentary democracy, efficient political system, responsible executive and legislative power, and citizens’ trust in the electoral system to become axioms. socio-political reforms in the process of EU and internal integration.

Izborni proces u Bosni i Hercegovini: hibridni spoj modernih i zastarjelih rješenja

Izborni proces u Bosni i Hercegovini: hibridni spoj modernih i zastarjelih rješenja
(Electoral System in Bosnia and Herzegovina: Hybrid Mixture of Modern and Outdated Solutions)

Author(s):Damir Arnaut
Language:Bosnian, Croatian, Serbian
Subject(s):Constitutional Law, Political history, Government/Political systems, Electoral systems, Transformation Period (1990 - 2010), Present Times (2010 - today), ICT Information and Communications Technologies
Page Range:28-47
No. of Pages:20
Keywords:Early elections; Instant runoff; Electronic vote counting; Electoral threshold; Malapportionment;
Summary/Abstract:Bosnia and Herzegovina held its first multi-party elections in 1991, and faced a bloody and devastating war the following year. The Dayton Agreement brought peace at the end of 1995, and the first post-war elections were held in 1996, under the auspices of the OSCE. The Electoral Law was adopted by the Bosnia and Herzegovina Parliamentary Assembly in 2001, containing a number of modern, democratic features, such as a fully independent Central Election Commission with no ethnic or entity veto, mandatory gender representation on electoral rolls, automatic voter registration on the basis of ID rolls, and the like. At the same time, several Electoral Law provisions – mandated by Bosnia and Herzegovina’s Daytonwrought Constitution were found contrary to the European Convention on Human Rights by the European Court in Strasbourg, while some others were declared unconstitutional by Bosnia and Herzegovina’s Constitutional Court. These are highly politically-charged matters, resolution of which has been evasive for over a decade in some cases. In the meantime, due to the focus on these politically-sensitive priorities, Bosnia and Herzegovina’s political elites have ignored changes that would dramatically improve legitimacy of elected officials through the introduction of run-off elections, strengthen the integrity of electoral process by way of electronic counting of ballots, as well as increase political stability through the raising of electoral threshold and the introduction of interim elections in situations of political deadlock that prevents government formation. The article discusses all of these matters, providing a comparative perspective, analysis and recommendations.

Geneza izbornih procesa u Bosni i Hercegovini od 1996. do 2018. godine i moguće promjene u Ustavu i Izbornom zakonu

Geneza izbornih procesa u Bosni i Hercegovini od 1996. do 2018. godine i moguće promjene u Ustavu i Izbornom zakonu
(Genesis of Electoral Processes in Bosnia and Herzegovina from 1996 to 2018 and Possible Changes in the Constitution and Election Law)

Author(s):Suad Arnautović
Language:Bosnian, Croatian, Serbian
Subject(s):Constitutional Law, Political history, Government/Political systems, Electoral systems, Transformation Period (1990 - 2010), Present Times (2010 - today)
Page Range:48-79
No. of Pages:32
Keywords:electoralism; electoral system; party system; constituencies; ballot;
Summary/Abstract:We distinguish democratization from stable democracy. In the process of democratization that began in 1990, Bosnia and Herzegovina went through the stages of transition, replacement and displacement of the authoritarian, one-party system into a multi-party system, thus largely discontinuing the ideas (ideology), institutions and procedures of the former regime. However, we still cannot define Bosnia and Herzegovina as a “stable democracy”. What are the causes of this condition? It has been 30 years since the first multi-party elections in Bosnia and Herzegovina. It was the beginning of a process of transition from a one-party to a multi-party political system. From then until the end of 2018, eight presidential election cycles and simultaneous elections for national legislature were held. During that period, numerous political parties of different ideological directions, electoral support and organizational structure were created, but also disappeared from the political arena. Some political parties that were elected to the national parliament in 1990 were “legislative parties” even after the 2018 parliamentary elections, and many of them disappeared from the political arena in the meantime. The Bosnian electoral system has undergone several significant changes during the transition period. The proportional representation (PR) system for parliamentary elections was introduced in the 1990 elections. In the meantime, there have been structural changes in that system, in all the major elements of that system: (1) in the shaping of constituencies and their magnitude; (2) in the ballot type; (3) in a mathematical formula for transfer of votes into seats. Also, some properties of the majority system (FPTP) were changed for the presidential and mayoral elections? These “technical” changes in the electoral system, while maintaining the outdated exclusive ethno-territorial political representation, reduce the electoral processes in BiH to mere electoralism. Is there an alternative to such a situation? Those are the fundamental questions that I set out to answer in this paper.

Izborni sistem Bosne i Hercegovine: aktuelno stanje i nužne reforme u kontekstu važećih ustavnih rješenja

Izborni sistem Bosne i Hercegovine: aktuelno stanje i nužne reforme u kontekstu važećih ustavnih rješenja
(The Electoral System of Bosnia and Herzegovina: Present Situation and Needed Reforms in the Context of Current Constitutional Solutions)

Author(s):Zlatan Begić
Language:Bosnian, Croatian, Serbian
Subject(s):Constitutional Law, Human Rights and Humanitarian Law, Government/Political systems, Electoral systems, Politics and law
Page Range:80-111
No. of Pages:32
Keywords:BH Constitution; constituency of peoples; equality of citizens; democratic standards; suffrage/voting rights; reform;
Summary/Abstract:The electoral system of Bosnia and Herzegovina (hereinafter: BH) is based on the constitutional and legal solutions which, in their original form, as is well known, do not enable the consistent realization of generally accepted international democratic standards regarding the equality of citizens’ suffrage/voting rights. The European Court of Human Rights in Strasbourg has already taken a position on this in certain individual cases. The constant violation and ignoring of the obligations related to the harmonization of the internal legal order of BH with international democratic standards and judgments of the European Court of Human Rights - which are obligations of a constitutional and legal nature - has led not only to further violation of citizens’ voting rights, but also to further development of undemocratic political concepts that seek to introduce new forms of discrimination in the phase of elections. The terms and notions are interpreted and explained in a hitherto unknown and fundamentally wrong way in the theory and practice of constitutional and public law - such as “legitimate representation of constituent peoples”, “authentic representatives of constituent peoples”, which is followed by the efforts to “nationalize” constituent peoples etc. and with the intention of any theoretical grounding of these inconsistent political views. Besides, in the conditions of undemocratic constitutional solutions and taking into account the real power of decision-making within institutions, the election winner is not crucially determined by the citizens in the elections - as shown by the last general elections in 2018. Among the other things, the absolute election winner regarding possibility of establishment of government and blocking the implementation of election results was promoted by the decision/Instruction of the BH Central Election Commission related to the distribution of delegate seats in the House of Peoples of the Federation of BH, and thus (almost in advance!) determined by inconsistent constitutional/legal solutions and electoral geometry. This further disqualifies the position of the citizens and violate the generally accepted international democratic standards without which a democratic society cannot exist and develop. All of this seriously violate the democratic legitimacy and capacity of the institutions as well as the principle of rule of law and fulfillment of legal and political obligations on the path of European integrations. In contrast, BH’s legal obligations towards electoral reform, no matter how many different modalities they may have, are quite clear and imply, in the first place, equality of active and passive voting rights of citizens regardless of ethnicity or any other circumstance, which is subject of consideration on this occasion.

Veće učešće žena i Izborni zakon BiH

Veće učešće žena i Izborni zakon BiH
(Increase in the Women’s Participation and BiH Election Law)

Author(s):Besima Borić
Language:Bosnian, Croatian, Serbian
Subject(s):Gender Studies, Political history, Government/Political systems, Electoral systems, Politics and society, Transformation Period (1990 - 2010), Present Times (2010 - today)
Page Range:112-120
No. of Pages:9
Keywords:equality; equal representation; gender quota; open and closed lists; changes to the compensatory lists; preservation of positive solutions; responsibility of political parties;
Summary/Abstract:The period from 1995 until today has been, among other, marked with search for potential models that could secure higher level of women participation not only in legislative bodies but in the executive government and in social and political life in general as well. This is a process that is been continuously conducted in large part of the world, including our BiH and the region. Persistent lack of women at the decision-making positions is most often assigned to our traditional cultural and general social conditions, insufficient democratization of political parties, as well as to the lack of appropriate legislative solutions that would enable good conditions for higher number of women on the lists and in the government bodies. The adoption of the BiH Law on Gender Equality, introduction of quota for less represented sex into the Election Law, in addition to other solutions, has greatly impacted the increase of women in legislative positions. However, this number is still far less than the proclaimed 30% at first, and subsequently 40% obligatory quota of less represented sex on the candidacy lists. There are very few researchers that offer potential concrete amendments to the law that would help in reaching this percentage. It is a general opinion that current election system in BiH favors higher representation of women as less represented sex. It, however, also opens some possibilities for improvement that are hidden in potential parity and equal representation of women and men on the lists, potential closing of the lists, redistribution of the compensatory mandates in favor of the less represented gender, and similar. Also, it would be useful to reconsider the number of political parties, number of election units, as well as raising the census for mandates. In addition, it would be important to preserve the quota which has been attacked so many times in the past 20 years, and keep the provisions that protect prescribed sequence and the quota. The amendments that would favor increase in the number of elected women seek appropriate political climate. That is why it is important to assign the responsibility not only to the legislative decision-makers but especially to the political parties, media, NGO, and other stakeholders.

Izborno zakonodavstvo u Bosni i Hercegovini: problemi, potrebe i mogućnosti

Izborno zakonodavstvo u Bosni i Hercegovini: problemi, potrebe i mogućnosti
(Electoral Legislation in Bosnia and Herzegovina: Problems, Needs and Opportunities)

Author(s):Elvis Fejzić
Language:Bosnian, Croatian, Serbian
Subject(s):Constitutional Law, Civil Society, Government/Political systems, Electoral systems, Transformation Period (1990 - 2010), Present Times (2010 - today)
Page Range:121-134
No. of Pages:14
Keywords:elections; legislation; electoral system; political institutions; political parties; citizens; government; political representation;
Summary/Abstract:In pluralistic regimes of government, citizens should always be provided with the opportunity to participate in various ways in the public sphere. Also, the interests of citizens should always be represented without hindrance in political practice of modern democracies, in accordance with the rules of political equality and people’s sovereignty, which is why other identity groups should not have priority in representing their political interests, because democracy is necessarily based on voting competence of individuals. However, in the practical politics of transitional democracies, a democratic paradox often occurs, and such a practice is present in Bosnia and Herzegovina, so collectivist groups, such as ethnic communities in multinational states, have a privileged status in electoral legislation and political representation. Such a conception of politics is not compatible with the fundamental principles of pluralistic democracy, which is why it is necessary to look for more efficient political solutions that will be able to ensure political integrity for citizens.

Izborni sistem BiH i etnicizacija bosanskohercegovačkog političkog prostora

Izborni sistem BiH i etnicizacija bosanskohercegovačkog političkog prostora
(The Electoral System of Bosnia and Herzegovina and the Ethnicization of the B&H Political Space)

Author(s):Elma Huruz Memović
Language:Bosnian, Croatian, Serbian
Subject(s):Constitutional Law, Human Rights and Humanitarian Law, Political history, Government/Political systems, Electoral systems, Politics and society, Transformation Period (1990 - 2010), Present Times (2010 - today), Inter-Ethnic Relations
Page Range:135-146
No. of Pages:12
Keywords:the electoral system of Bosnia and Herzegovina; universal and equal right to vote; the right to run for office; the principle of constitutionality;
Summary/Abstract:The concept of “constituent peoples” has passed through a fundamental transformation and over time has become a goal rather than a means. It has become “the very essence of the state and society in Bosnia and Herzegovina” and its significance is such that it obscures its obvious “contradiction with the principle of non-discrimination in the exercise of human rights ...” (Nadaždin Defterdarević, 2014: 84). Since the ethnic declaration is insisted on, a large space is open for manipulating this category. Although the European Court of Human Rights emphasized in its judgments that in the Constitution of Bosnia and Herzegovina as well as in the Election Law there is discrimination against members of national minorities, ie those who do not declare themselves as citizens, these judgments have never been implemented. It is still impossible for the above categories of the population to run for certain political positions, and it can even be said that new tendencies are emerging in the public space to further disintegrate and ethnicize the Bosnian political space.

Reforma Izbornog zakonodavstva Bosne i Hercegovine radi ostvarivanja potpune demokracije