Bećirović on the Kovačević case ruling: Collectivities must not be above the individual in BiH society

(Patria) - Member of the Presidency of BiH Denis Bećirović issued a statement today regarding the ruling of the European Court of Human Rights in the case "Slaven Kovačević v. Bosnia and Herzegovina".

Bećirović believes that this ruling is an important decision that points to the non-compliance of the BiH Constitution with international law and generally accepted democratic principles and practices.

Like any other democratic constitution, the BiH Constitution should be one of the key factors for the democratization and development of the country and Bosnian-Herzegovinian society as a whole, Bećirović states.

He emphasizes that the inability to realize fundamental human rights and freedoms in Bosnia and Herzegovina, guaranteed by the highest international treaties, stems from constitutional provisions, which, in fact, largely institutionalize the discrimination of Bosnian-Herzegovinian citizens.

"Previous rulings of the European Court of Human Rights have already indicated the necessity of initiating processes for amending the BiH Constitution and election legislation, and aligning them with the provisions of international law and current democratic principles and standards.

The ruling of the European Court of Human Rights on the appeal of Slaven Kovačević has once again confirmed the discrimination of citizens of Bosnia and Herzegovina.

This ruling established a violation of the active right to vote, i.e., the right of citizens of Bosnia and Herzegovina to participate in the election of competent state bodies. The obligation of the state of Bosnia and Herzegovina is to ensure equal rights for all citizens.

In order for us, as a responsible member of the international community, to persevere on this path, we need genuine support, primarily from European countries, which give credibility to the European Court of Human Rights, and from other friendly countries.

Bosnia and Herzegovina is facing contradictions – we have a series of important rulings from European courts, yet processes important for Bosnia and Herzegovina bypass these rulings, thus distancing Bosnia and Herzegovina from the European path.

Through the ruling of the European Court of Human Rights, an unambiguous message has been sent to Bosnia and Herzegovina – the state must take all necessary measures to protect its citizens and to eliminate all forms of discrimination from the process of socio-political decision-making.

In accordance with current (international) democratic standards, the citizen is the primary political subject and as such must be enabled, regardless of which part of the BiH state territory they live in and regardless of which ethnic group they (do not) belong to, to have the right to elect (and be elected to) state authorities.

Bosnian-Herzegovinian society is pluralistic and should be nurtured as such. In such a society, collectivities must not be above the individual! By guaranteeing individual human rights and freedoms, numerous social groups to which citizens belong based on their identities and with which they partially identify are simultaneously protected.

The future of Bosnia and Herzegovina is clear – it is necessary to build and strengthen the state and make it more effective in protecting its citizens. In doing so, its multicultural character must not be denied," Bećirović concluded.