News in English     | 22.12.2019. 23:13 |

Komšić: Sejdić-Finci judgment has proven there is no equality of citizens in BiH

FENA Press release

SARAJEVO, December 22 (FENA) - On this day, 22 December 2009, the European Court of Human Rights issued a judgment in the "Sejdić-Finci" case, which was the first in a series of four judgments (Sejdić-Finci, Zornić, Pilav and Šlaku), which established the existence of systemic discrimination in the Constitution of Bosnia and Herzegovina, as well as in a number of laws that use the constitution as a legal basis.

On the occasion of the 10th anniversary of the Sejdić-Finci judgment, the BiH Presidency Chairman Željko Komić said in a statement that Bosnia and Herzegovina "unfortunately failed to implement this judgment and other related judgments of the European Court of Human Rights through its legislative authorities."

If we take into account that ethnic discrimination is a derivative of racial discrimination, as set out in the Sejdić-Finci judgment, then we all have to wonder what kind of country we live in. If we add to this, that the Zornić judgment found the absence of real political democracy, i.e., that there is no equality of all citizens of Bosnia and Herzegovina, then we also have to wonder if the current political system is appropriate for all citizens of this country.

Komšić recalls that the European Commission's Opinion on Bosnia and Herzegovina's application for EU membership of 29 May 2019, which clearly states that ethnicity and place of residence governing citizens' status in electoral procedures and decision-making are inconsistent with the European Convention for the Protection of Human Rights and Fundamental Freedoms, which very eloquently states that the current electoral system is not in line with European standards.

That is why Bosnia and Herzegovina is obliged, under the judgments of the European Court of Human Rights, and in accordance with the Opinion of the European Commission, to amend its constitutional and legal system in such a way as to ensure and guarantee the equality of all citizens of the country.

This is the only correct path towards Euro-Atlantic integration, especially towards a candidate status for the European Union.

Therefore, to this day, this infamous 10th anniversary of the formal and legal determination of the existence of systemic discrimination in Bosnia and Herzegovina, I urge all political stakeholders to amend and harmonize all the disputed provisions of the Constitution of Bosnia and Herzegovina, as well as the accompanying laws, thus sending an unambiguous message that this the country knows how to and can protect human rights and fundamental freedoms, as it is required under European standards, concluded the BiH Presidency Chairman Željko Komšić. 

(FENA) S. R.

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