If we wait for SDA and HDZ, Baralija will join Sejdić and Finci in waiting for democracy

Written by: Rasim Belko

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The European Court of Human Rights in Strasbourg delivered a verdict on the lawsuit of Irma Baralija against the state of Bosnia and Herzegovina due to the failure to hold local elections in the city of Mostar. It was on October 29, 2019.

Two days later, I wrote “What can a Parliament that does not convene solve, the Baralija case should be immediately referred to the Constitutional Court”. Today, five months and a few days later, I can confidently claim that in Bosnia and Herzegovina it is not difficult to predict the behavior of political leaders.

Based on the rulings “Pilav vs. BiH” and “Sejdić and Finci vs. BiH”, it was expected that the political triangle Čović - Izetbegović - Dodik cannot/will not/does not want to reach an agreement. Because this BiH triangle does not suit anything that suits democracy and an orderly system. 

They do not like order, because in such systems they do not manage well, and there is a much greater possibility that they will lose. 

Čović and Izetbegović today once again stated that they have agreed to further agree. In fact, for who knows how many times, they have not agreed and obviously still have no intention of agreeing, so they are creating confusion about an agreement to agree. 

After all, there is nothing to agree on regarding Mostar. Two courts, ours and the European, have decisively stated what they need to DO. So, there is nothing to discuss in order to agree on an agreement. 

It is only necessary to implement the ruling. And that is, in Bosnia and Herzegovina, as rarely anywhere in the world, the biggest problem. I believe there is no country in the world whose politicians respect court rulings less than BiH. What is even worse, no one is held accountable for non-compliance with rulings. 

But, let us return to the Baralija case. A month and about 20 days remain until the deadline set by the European Court in Strasbourg for our authorities. It is not entirely reasonable to expect that the Izetbegović - Čović axis with partners Komšić-Radončić will manage to agree on the necessary amendments to the Statute of Mostar and the holding of elections. 

SDA also has problems with its internal elections. Deeply divided, intellectually and morally crippled, it will hardly find a way to convince and defeat Čović. 

Čović, on the other hand, is completely relaxed by the fact that at almost all levels he has his representatives in power. Additionally, HDZ is the key in the legislative bodies of the state and the entity of FBiH. Because of this, Dragan Čović is in a position to delay processes and drag out the intelligence of both the domestic public, politicians, and officials of the international community. 

The conclusion imposes itself - politicians WILL NOT resolve the issue of elections in Mostar in accordance with the rulings. 

The European Court left the possibility for the Constitutional Court of Bosnia and Herzegovina to establish a temporary solution if politicians fail. The President of the Constitutional Court of BiH, Zlatko M. Knežević, on the same day the ruling “Baralija vs. BiH” was published, stated that if politicians do not do their job, the Court will react. 

“I hope the legislator will do it before us. Six months is short. The Central Election Commission must hold local elections by the beginning of May at the latest. There is a rule that six months before elections, electoral rules are not changed, nor are new ones adopted. Before those six months, if it becomes necessary to react – we will react. How the Constitutional Court will decide, I do not know, because at least five judges decide on that”, Knežević said then. 

And the deadline for implementing the ruling expires in less than two months, and by then we will already be deep in the election campaign, a time when nationalists ‘do not give in.

Regardless of the Constitutional Court's readiness to decide, the question is whether there will be enough time for a decision. On the other hand, there is the BiH CEC and the need for them to prepare for the elections in Mostar. Knežević identified another problem, which is not changing electoral legislation right before elections. 

And when everything is summed up, the only hope that the people of Mostar will go to the polls this year, for the first time since 2008, is that the Constitutional Court reacts as soon as possible and enables the democratic right for all citizens of Mostar. 

If we wait for an agreement between SDA and HDZ, Mostar will continue to be ruled by Ljubo Bešlić, and Irma Baralija will join Dervo Sejdić and Jakov Finci in waiting for democracy.