“The data that 400.000 citizens of BiH do not have the passive voting right when electing members of the Presidency of BiH is quite intimidating. A state cannot be really democratic if 12% of their population is “legally” discriminated. However, though there is responsibility of foreign creators and those who wish to preserve Dayton BiH cannot be excluded, the main responsibility are in the hands of domestic organized political force – political parties those that had or still have power to change the situation”, says Pudarić for Dnevni list.
Svetozar Pudarić, former vice President of the Federation of BIH and member of SDP could not candidate for member of the Presidency of BiH as Serb and therefore he sued his state to European Court for Human Rights in Strasbourg. He has no right to this candidacy just like, for example, other 50.000 Serbs in FBiH and almost 150.000 Bosniaks and 26.500 Croats from RS. He has spoken about this subject for Dnevni List and also answered to question if decision of his party, SDP BiH, to not become part of the government is inadequate. It seems, according to him, that this has not been the best decision of his party.
European Court for Human Rights has acknowledged the Office of the Representative of the Council of Ministers of BiH that they are continuing the same practice due to your law suit against state BiH because a member of the Serb nationality cannot candidate for member of the Presidency of BiH form the Serb people. What are your expectations?
The fact that the European Court for Human Rights has begun with the procedure is a significant step ahead based on the previous practice, especially because this court has opened procedure similar to those of Dr. Ilijaz Pilav which has been already delivered on his behalf. The verdict was about systematic discrimination of BH citizens due to the lack of certain voting rights.
Your application for candidacy has been also abolished by Central Election Commission (CEC) and this decision was confirmed by Appeal Authority Council of the Court of BiH and Constitutional Court of BiH which determined that this is a case of “negligence of the corresponded government of BiH”. Does this mean that citizens’ rights in BiH are violated deliberately?
When it comes to Central Election Commission and Appeal Council of the Court of BiH, they have act within their jurisdiction and the subject was seen in accordance to provisions of Election Law of BiH so their decisions were expected and legally grounded.
Actually, this were a base for me to initiate procedure before Constitutional Court of BiH that was the only one to change the current situation where more than 400.000 citizens of BiH from different nationalities is discriminatory in accomplishing their passive voting right when electing members of the Presidency of BiH.
Constitutional Court of BiH had this in mind when decided that there is no way to submit complaint and therefore delivered politically based decision to not discuss my appellation because it is similar to those of Ilijaz Pilav and according to their reckless interpretation nothing has changed to justify initiation of the procedure in my case.
We remind you that Constitutional Court of BiH in the case Pilav has delivered decision that the case of electing members for the Presidency of BiH is justified limitation of passive voting right and that this limitation cannot be discriminatory. Having in mind verdict of the Court for Human Rights in the case Pilav, the Constitutional Court has decided to sell a little credibility that left by deciding to abolish my appellation. This verdict has determined discrimination and that the same should be removed.
Therefore the change has occurred and Constitutional Court must act in accordance with approved appellation. It is strange that: it is looking you right in the eyes and lie and this act comes through.
In BiH, we have cases Zornić, Pilav, Sejdić and Finci and in all of these cases the court has proven that state has violated their rights. However, after media affair, verdicts, nothing has changed. Why and how BiH does not implement decisions of the European Court for Human Rights and also other verdicts of the constitutional courts and is the main responsibility is in the hands of politicians? Are we in the vicious circle?
BiH has not implemented previous verdicts because to implement these decisions we have to amend not only Election Law of BiH but also the Constitution of BiH. There is no will to change things by those who live very well and achieve their personal and group interests on the account of this Constitution using the terms such as collective interests and “care” for their people. In this enormous care they become more and more rich and powerful and people they care about run from BiH seeking security and job in countries of European Union.
Having in mind previous verdicts, I used to believe and I still do that in the case of my appellation Constitutional Court could have use these verdicts to make the ruler over our destinies to change things that are ordered by the Court from Strasbourg.
Namely, for the first time since the Constitutional Court of BiH exists, the same found the courage to deliver decision in the case Ljubić, by abolishing provision of the Election Law regarding election into the House of Peoples of the Parliament of Federation BiH that at the same time concern the Constitution of FBiH. I was sure that it will also find the strength to abolish provisions of the same law on electing members for the Presidency of BiH. This decision does not have to concern Constitution of BiH likewise the one in the case of Ljubić did not concern provisions of the Constitution of FBiH and the Constitutional Court should not have interfere with the subjects of the legislator – eventual amendments of the Constitution of BiH.
It is possible that the Constitutional Court of BiH has decided to treat differently my appellation in regard to case Ljubić because this appellation was submitted by Svetozar Pudarić and not President of the House of Peoples of the Parliamentary Assembly of BiH, member of the Parliament of Republic Croatia, President of the Croatian National Assembly and more on. Seen in this way, this treatment is a proof of systematically protected discrimination.
If we could play with numbers, maybe we could say that none of the 50.000 Serbs in FBiH can candidate for Presidency of BiH likewise 150.000 Bosniaks and 26,500 Croat form RS. This is roughly number of 226.500 discriminated Serbs, Bosniaks and Croats. These are the dramatic numbers of citizens-state members of this country that lack basic human rights in modern BiH – right to be elected. Having this in mind, can BiH be called democratic state and if not, who made it this way?
If you add other Bosnian and Herzegovinian who do not belong to Serbs, Croats and Bosniaks you will have the data of more than 400.000 citizens of BiH that are excluded in accomplishing their passive voting rights when electing members of the Presidency of BiH. I have never heard that some country can be called as democratic if 12% of its population id “legally” discriminated. However, though we cannot exclude responsibility of foreign creators and those who want Dayton Bosnia and Herzegovina, the main responsibility is in the hands of domestic organized political force – political parties that had and still have power to change the situation.
The full interview is available here:
Women Citizens for Constitutional Reform 