Jerlagić wrote to Inzko: First, a clear interpretation of the term "constituent" is needed

SARAJEVO, (Patria) - President of the Party of BiH Amer Jerlagić sent an open letter to High Representative Valentin Inzko.

We are publishing the letter in its entirety:

"Dear Mr. Inzko,

In light of current events and discussions related to the amendment of the Election Law, we believe that, due to the importance and far-reaching consequences that its amendments can produce on the future of the state, it is necessary to broaden this discussion, and by no means reduce it to a few currently ruling political parties, and especially not to those that are extremely nationalist-oriented and whose goal is the disintegration and division of the state.

At the same time, it must be taken into account that the Election Law, after the Constitution, is the most important law whose application crucially affects the creation of overall relations in a state and is existentially important for its further democratic development.

In order to create an adequate Election Law, it is necessary to first amend the Constitution of Bosnia and Herzegovina in accordance with the judgments of the European Court of Human Rights, and only then to adopt a new Election Law.

The Dayton Constitution recognizes the state of Bosnia and Herzegovina (Annex IV, Dayton Agreement) and confirms its international legal continuity, while carrying out its internal administrative restructuring in such a way that it has two entities. The Dayton Constitution clearly states in the preamble that: "Bosniaks, Croats and Serbs, as constituent peoples (along with 'Others') and citizens of Bosnia and Herzegovina hereby determine... the Constitution of Bosnia and Herzegovina..." .

The entire legal and conceptual confusion arises the moment the term "constituent" is completely incorrectly translated and interpreted, i.e., equated with the term "constitutive". Taking this into account, it is important to emphasize that the term 'constituent' is translated and defined as 'an ingredient of something'. From this, it is quite clear that the Constitution does not recognize any "constituent peoples", but rather speaks of the components of the state (Bosniaks, Croats, Serbs, Others, and citizens) and treats them all equally.

Through the incorrect translation and interpretation of the term "constituent", a situation has been created whereby the three largest ethnic groups have usurped the exclusive right to consume power in the state, thereby placing all other citizens in a discriminatory position.

By the judgments of the European Court of Human Rights in Strasbourg, the provisions of the Constitution related to the election of members of the Presidency have been declared discriminatory. ('Pilav v Bosnia and Herzegovina' 41939/07, 'Zornić v Bosnia and Herzegovina' 3681/06, 'Sejdić – Finci v Bosnia and Herzegovina' 27996/06 I 34836/06). Unfortunately, neither you nor the other member states of the Peace Implementation Council (PIC) have made adequate and resolute efforts to amend the Constitution to remove the discriminatory provisions of the Constitution. Through such inaction, although you have all the necessary instruments for intervention at your disposal, the state has been brought to the brink of new incidents, and its enemies are once again raising issues of ethnic divisions, and even secession.

For Bosnia and Herzegovina to have any possibility of progress towards a civil and democratic society, all provisions and rules based on ethnic and religious divisions, which discriminate and obstruct the application of equal rights for all citizens throughout the state, must be reformed.

Therefore, from you as the chief interpreter and the person responsible for overseeing and implementing the Dayton Peace Agreement, and thus preserving peace and the territorial integrity and sovereignty of the state, we demand the following:

1. A clear definition, or rather an interpretation, of the term "constituent".

2. Urgent amendment of the Constitution and implementation of the judgment of the European Court of Human Rights in the cases 'Pilav v Bosnia and Herzegovina' (41939/07), 'Zornić v Bosnia and Herzegovina' (3681/06), and 'Sejdić-Finci v Bosnia and Herzegovina' (27996/06 I 34836/06).

3. Taking measures at your disposal against those political leaders who question the integrity of the state and obstruct the implementation of the judgments of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina.

Given the above, we believe that no changes to the Election Law are possible at this time, especially not those that would permanently cement ethnic divisions and thus prevent the development of the state as a modern democratic and civic community, in which, first and foremost, equal civil rights for all its inhabitants are guaranteed, without excluding instruments for the protection of collective rights and freedoms (ethnic, religious, etc.).

We expect that, given your authority, you will address the implementation of the decisions of the European Court of Human Rights in Strasbourg, and even impose them; otherwise, your passivity significantly contributes to the state of permanent crisis.

If you do not take urgent measures to implement the judgments of the European Court of Human Rights, and continue to state that they are 'no longer a priority', we, as a party, will file an appeal with the European Court of Human Rights for non-compliance with the court and its judgments," Jerlagić stated in an open letter to Valentin Inzko.