Thousands of Bosniaks, Serbs, Croats, and Others Lack Passive Voting Rights, While Some Fight for War Criminals

Today, the Constitutional and Legal Committee of the House of Representatives supported the Proposal for a Law on Amendments to the Election Law of Bosnia and Herzegovina (ban on candidacy of war criminals) and the Proposal for a Law on Amendments to the Criminal Code of Bosnia and Herzegovina (ban on denying and negating genocide), proposed by MP Denis Bećirović.

This is the first time, in the post-Dayton period, that these laws have passed the committee phase in the Constitutional and Legal Committee.

During today's discussion, Bećirović said it is absurd and deplorable that 500,000 Bosniaks, Serbs, Croats, and Others in Bosnia and Herzegovina do not have passive voting rights, while some MPs are fiercely fighting for the rights of war criminals.

In the proposed amendments to the Election Law of Bosnia and Herzegovina, Dr. Denis Bećirović proposed adopting legal solutions that would prevent war criminals from being elected or appointed to public functions on the state territory of Bosnia and Herzegovina. In the said law, Bećirović, among other things, stated:

- No person who:

-has served a prison sentence imposed by the International Criminal Tribunal for the former Yugoslavia;

-has served a prison sentence imposed by a court of Bosnia and Herzegovina, a court of the Republika Srpska or a court of the Federation of Bosnia and Herzegovina, and a court of the Brčko District of Bosnia and Herzegovina for serious violations of humanitarian law, and the International Criminal Tribunal for the former Yugoslavia reviewed his file before arrest and determined that it meets international legal standards;

-has served a prison sentence imposed by a court of another country, and the International Criminal Tribunal for the former Yugoslavia reviewed his file before arrest and determined that it meets international legal standards,...cannot be a candidate, nor hold any appointed, elected, or other public function on the territory of Bosnia and Herzegovina."

Explaining why passive voting rights should be restricted, Bećirović stated that a large number of countries recognize the possibility of restricting voting rights, but this primarily applies to persons who have been convicted and are serving a sentence for a criminal offense.

- When we talk about data from around the world, the voting rights of persons sentenced to imprisonment, regardless of the type and severity of the crime they committed, until they serve their prison sentence, are restricted in the United Kingdom, Luxembourg, the Czech Republic, Hungary, Estonia, Bulgaria, Romania, Armenia, and Russia.

Nevertheless, restricting voting rights, i.e., restricting passive voting rights (the right to be elected), still has strong arguments for a country like Bosnia and Herzegovina. First and foremost, the main reason for adopting this Law is the fact that Bosnia and Herzegovina suffered immense devastation and genocide, and the fact that convicted war criminals, after serving their sentences, become free people who enjoy all rights, including voting rights, and even run in elections and get elected.

This is problematic from a number of aspects, ranging from moral to legal. Above all, the restriction of passive voting rights is necessary for certain individuals for the consistent respect of the Dayton Peace Agreement and the full implementation of Annex 7 (Return of Refugees) and the provisions of Article 1, paragraph (2), which clearly states that all "contracting parties are obliged to enable refugees and displaced persons to return safely without risk of harassment, intimidation, persecution, or discrimination, particularly on account of their ethnic origin, religion, or political belief."

The question arises whether it is possible to ensure "safe return without risk of intimidation, persecution, or discrimination" if a person who has served a sentence for a crime against humanity and values protected by international law holds one of the highest positions.

Furthermore, the International Covenant on Civil and Political Rights, in Article 25, point b), stipulates that "every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2, to vote and to be elected," but it also states that they will enjoy these rights and opportunities - without unreasonable restrictions.

In accordance with all the aforementioned, and believing that the goal for everyone is to punish all perpetrators of war crimes in Bosnia and Herzegovina and not give them a chance to continue their misdeeds in the future - only by other means, it is necessary to support this proposed law and thereby send a clear message and commitment to joint life and return.

The principle on which the Proposal for a Law is based is the consistent implementation of basic human rights, starting from the right to freedom, security, the right to freedom of thought and religion, and the consistent application of Annex 7 of the Dayton Agreement, which prescribes the duty to enable refugees and displaced persons to return safely without risk of harassment, intimidation, persecution, or discrimination, particularly on account of their ethnic origin, religion, or political belief - Bećirović stated.