
(Patria) - The Association of Independent Intellectuals Krug 99 is appalled by the information that the relevant Minister of Justice Davor Bunoza is requesting from the Central Election Commission information on the "nationality" of the appellant before the European Court of Human Rights, Dr. Slaven Kovačević. Apart from the fact that the relevant Minister of Justice Bunoza does not apply substantive law appropriately, believing that by-laws have greater force than laws, it is particularly indicative that he reaches for the unconstitutional term "nationality" and sees it as some argument to oppose the appeal of Dr. Kovačević, who sought protection of active voting rights in the elections for the Presidency of Bosnia and Herzegovina and the House of Peoples of Bosnia and Herzegovina.
The Constitution of Bosnia and Herzegovina recognizes constituent peoples, which are actually ethnic communities, meaning the constitution does not recognize "nationality" as a legal or social term that can be used in the legal system of our country. Within the framework of international law, as a member of the United Nations, the state of Bosnia and Herzegovina is a state of its citizens. Presumably, Bunoza's ethnic matrix is such that he, as Minister of Justice, believes that Bosniaks should and must vote only for Bosniaks, Croats for Croats, and Serbs for Serbs, although this is completely contrary to the provisions of the European Convention on Human Rights. Such a method of election does not exist anywhere in Europe, nor in any member state of the Council of Europe under whose jurisdiction the European Court of Human Rights falls, and finally, such an electoral system does not exist in the member states of the European Union.
For its part, Krug 99 believes that the application of any law, including the Law on Protection of Personal Data, has greater legal force than any general act, so the Central Election Commission acted completely correctly, and this statement by the Minister of Justice can only be considered as political pressure on a non-political and independent institution such as the Central Election Commission. It is completely clear that the Law on Protection of Personal Data protects the rights of individuals, holders of personal data, and not the rights of institutions to access that data.
It is completely clear to everyone, except the relevant Minister of Justice, that no one's ethnic affiliation can be linked to active voting rights, and that every citizen of this country, regardless of ethnic affiliation, should and must have equal active voting rights in the elections for the Presidency, the House of Representatives, and the House of Peoples of Bosnia and Herzegovina.
This protects democracy and the rule of law, and through them, individual human rights. If the relevant Minister of Justice Bunoza thinks that ethnic affiliation should be used to determine the status of voters when exercising active voting rights, then that would be a classic expression of fascism and would forever close the path for Bosnia and Herzegovina towards membership in the European Union. For its part, Krug 99 strongly supports the efforts of our member, Dr. Slaven Kovačević, to make a significant step forward towards restoring democracy in Bosnia and Herzegovina through his appeal and victory before the European Court of Human Rights, which was taken from our hands by ethno-nationalists and their satellites. Only in this way can we move towards membership in the European Union, and we will add the NATO alliance, or otherwise we will remain trapped in racial laws and a medieval perception of the organization of society.
We especially want to remind Bunoza and those like him that the Law on Protection of Personal Data also contains penal provisions, such as 100,000 KM for a legal entity and 5,000 KM for an authorized person in a legal entity, and any access, use, and public disclosure of personal data of any citizen of this country, without his or her explicit consent, would be subject to those penal provisions. We also remind Bunoza that the Central Election Commission already has a number of prohibitions in accordance with the Law on Protection of Personal Data, so it is not possible to access the personal data of the appellant Kovačević without his explicit consent. Anything else will be subject to the penal provisions of the aforementioned law.
In this matter, the international community also bears great responsibility, which must clearly state whether democracy is allowed in Bosnia and Herzegovina or prohibited, that is, if it is prohibited, the citizens of this country should know that there is nothing from Euro-Atlantic integrations.
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