On 3-5 March, the Committee of Ministers examined the execution by Bosnia and Herzegovina of the ECHR judgments concerning ethnic-based discrimination on account of the ineligibility of persons not affiliated with one of the "constituent peoples" (Bosniaks, Croats or Serbs) to stand for election to the House of Peoples and the Presidency (Sejdić and Finci group of cases).
The Committee recalled that the retention of this discriminatory election system constitutes a clear violation of the requirements of the European Convention on Human Rights and a manifest breach of Bosnia and Herzegovina’s unconditional obligation to execute the Court’s judgments, thus also of its undertakings as a member state of the Council of Europe. The Committee also recalled that the present situation is in breach of the national Constitution which provides that all persons in Bosnia and Herzegovina shall enjoy the rights and freedoms set forth in the Convention, which shall apply directly and have priority over all other law.
In the light hereof, the Committee welcomed the presence of the Minister of Foreign Affairs of Bosnia and Herzegovina at its meeting demonstrating her authorities’commitment to comply with the European Court’s judgments and the authorities renewed engagement, following the formation of government in December 2019, to find a solution.
The authorities were encouraged to continue their cooperation with the Council of Europe, the Secretariat and the Venice Commission with a view to ensuring the adoption of the necessary constitutional and other reforms before the 2022 elections.
In this context, the Committee reiterated its call on the authorities to take advantage of all expertise available within the Council of Europe to rapidly find consensus on this issue.
The Committee decided to resume examination of this group of cases at its next Human Rights meeting on 2-4 June.
