OSCE Mission: Bosnia and Herzegovina needs an inclusive, comprehensive, and transparent amendment to the Election Law

(Patria) - Brian Aggeler, Head of the OSCE Mission in BiH, commented on the amendments to the BiH Election Law that have been discussed in recent days, especially after the announcement that the High Representative will impose an election integrity package if the BiH authorities do not do so.

The statement said that the OSCE Mission in BiH is disappointed that key amendments to the BiH Election Law have not been agreed upon, despite years of negotiations and numerous rounds of discussions, and calls made to BiH's elected leaders to finally fulfill their democratic obligations.

"As we approach the 2024 elections, and beyond, Bosnia and Herzegovina needs an inclusive, comprehensive, and transparent amendment to the Election Law, primarily to strengthen election integrity, prevent electoral fraud, and thus preserve the democratic rights of its citizens. The necessary amendments have been clearly and repeatedly listed and recommended by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in its Final Report of the Election Observation Mission for 2022, by the Group of States against Corruption (GRECO) of the Council of Europe, and by the European Commission for Democracy through Law (Venice Commission). While technical amendments are important, they are not sufficient if the system remains dysfunctional in numerous other ways.

Due to systemic deficiencies in the law, bylaws, and existing practices, identified by ODIHR in its reports, a number of irregularities occur before, during, and after elections. These deficiencies can significantly call into question the overall validity of elections and affect the outcome where the vote difference is small," it states.

Based on the recommendations contained in the ODIHR reports published after the last election cycles, the following actions must be taken urgently to address the deficiencies:

- A comprehensive review of the legal framework is necessary to take into account all unimplemented ODIHR recommendations, and to eliminate existing deficiencies and inconsistencies. In line with good international practice, the comprehensive review process should be open, inclusive, consultative, and conducted well before the next elections.

- To ensure the timely formation, impartiality, and professionalism of polling station committees, and to increase stakeholder confidence, authorities should review the method of appointing these committees. This could be achieved by limiting the right to nominate members of polling station committees only to parties that have representatives in the state and entity parliaments, or by electing members from a list of trained personnel maintained by the Central Election Commission.

- Consistent application of procedural safeguards and other measures to prevent electoral corruption, fraud, and irregularities should be considered, as well as the creation of legal prerequisites for testing and full implementation of new technologies in elections. Authorities should ensure adequate and effective allocation of funds to ensure the functionality of the Central Election Commission as an institution, including during non-election years, and to cover all costs related to organizing elections. The Central Election Commission should be provided with all necessary resources to hire a sufficient number of qualified staff, including in departments for audit, legal affairs, and IT, and for the development of IT infrastructure. In this regard, we are disappointed that the BiH Council of Ministers has not yet approved the BiH Institutions Budget for 2024, which includes the financial resources needed for the 2024 local elections. We want this to be resolved as soon as possible, and we hope that the Council of Ministers will meet again as soon as possible and adopt a decision to allocate a sufficient amount of financial resources needed for the timely holding of elections.

- Authorities should ensure that election administration officials are not removed for arbitrary reasons and are able to perform their duties without fear of reprisal or intimidation, including those based on gender, and should immediately investigate and respond to such cases. To ensure the equal value of votes, the boundaries of multi-member electoral districts and the relevant number of mandates should be periodically reviewed, and well before the next elections, in accordance with domestic law, international standards, and good practice.

- To increase the transparency of campaign financing and public accountability for financial violations, the regulatory framework should prescribe proportionate and deterrent sanctions for such violations. Once adequate amendments are introduced, the Election Law must then be properly and fairly implemented. I once again call on the relevant authorities to ensure the integrity and transparency of the 2024 local elections, and to take concrete measures to minimize electoral fraud.

Politicians bear the responsibility to restore citizens' trust in the integrity of elections in BiH and thus, ultimately, in democracy.

The citizens of BiH deserve it, said the Head of the OSCE Mission.