A REBUS for the BiH CEC: To postpone elections or not, that is the question?

SARAJEVO, (Patria) - The coronavirus brought the world to a standstill in the early days of 2020, and most socio-political processes in Bosnia and Herzegovina have also been halted or reduced to a minimum.

Local elections were supposed to be held in October this year. Supposed to, but no one is sure if they will happen.

The Central Election Commission, in its response to the media, states that it is monitoring the situation and will act in accordance with developments.

"Within and respecting the general situation and in accordance with realistic possibilities, we are carrying out all necessary activities within our jurisdiction, including the preparation and calling of the 2020 Local Elections. In addition to the deadlines set by the Election Law of BiH, our obligation is to monitor the current social situation and implement the measures of competent state bodies. In consultation with all relevant factors, and primarily with the Parliamentary Assembly of BiH, the Central Election Commission of BiH will make adequate decisions in a timely manner and inform all competent bodies at all levels of government and the public about them," the CEC stated earlier.

We remind that the CEC calls elections in accordance with the Election Law of BiH 150 days before the election day. Given that the first week of October is reserved for elections, the CEC is obliged to call them in the first week of May.

The election process is further burdened by the still unimplemented judgment of the European Court of Human Rights in the case of "Baralija v. BiH" due to the failure to hold elections in Mostar. The European Court has left the Constitutional Court the possibility to resolve the situation if political representatives do not agree.

There is little time, and no solution is in sight.

We asked representatives of parliamentary parties in BiH whether the elections would be held and what the possible alternatives are.

Damir Arnaut (Our Party), a member of the House of Representatives of BiH, believes that there are currently no reasons to cancel the elections.

"Currently, there are no reasons to postpone the Local Elections, which are to be held in more than half a year. Bosnia and Herzegovina certainly has excessively long election deadlines. In Great Britain, elections are held 4 to 6 weeks after they are called. Our deadlines last a full five months and can and should be shortened, to the same or a shorter period as in Great Britain," Arnaut told Patria.

He adds that the holding of elections must not be called into question.

"Elections are the main form and basic tool of a democratic society, and any postponement at this moment - when these other options are available - would be a mere excuse for the survival of this government," Arnaut believes.
Elvir Karajbić, Secretary General of the SDP and a member of the House of Representatives of the FBiH, says that the deadlines for calling elections are clear.

"If this situation does not end before the deadlines for calling elections, then the elections should be postponed. It needs to be assessed, but if this situation continues, it is impossible to hold elections," Karajbić adds.

When asked if the deadlines should be changed, Karajbić said that this should be left to the BiH CEC.

Lazar Prodanović, a member of the SNSD Main Board and a member of the House of Representatives of BiH, says that the SNSD has not discussed this issue at its party bodies, but that, considering the coronavirus pandemic, the probability of holding Local Elections on the first Sunday of October 2020 is low.

"Even assuming that the overall situation begins to calm down, certain measures will remain that would limit the possibility of holding Local Elections. I believe it is necessary to consider procedures to legally resolve the situation so that in extraordinary circumstances, which include infectious diseases, elections can be moved to another date and held with full safety for the health of citizens," Prodanović points out.

He adds that the 150-day period for announcing elections is unreasonable.

"There is absolutely no justification for that. But even if the deadline were shortened, I am not sure that the elections could be held in the first week of October. It makes sense to consider merging the elections for many reasons. Changes are needed not only to the law but also to the entity constitutions. Solutions must be found that are acceptable to everyone and realistic. It is not just a problem of setting the election date too early, it is not a problem that funds have not been allocated in the budget, because in this situation I am not sure they could be held," Prodanović told the Patria agency.

He believes that merging elections would be good for several reasons.

"The costs of the campaign itself, the constant presence of political parties in the public eye, that one year is pre-election and the next is election year, which leads to a lack of decisiveness to seriously enter the reform processes imposed by the overall dynamics. I don't think anything will be the same in BiH as it was before the epidemic," Prodanović concluded.

The Democratic Front has not yet taken an official stance on this issue, and the party's Secretary General, Zlatko Miletić, told Patria: "I think it is absurd, given the experience of neighboring countries and the predictions for May when the elections are called, it is up to the BiH CEC to ensure that the elections are held safely."

"Considering the predictions of health scientists that we will have the same pandemic at the end of the year, my position is that Local Elections should be postponed and 'merged' with the General Elections, thus saving money and transferring it to the health system or economic entities, and holding elections when the conditions are met," Miletić adds.

However, Miletić says he would make an exception when it comes to Mostar.

"Given that we have had an illegal government in Mostar for more than a decade, elections should be held at any cost, with safety for citizens. This would implement the decision of the Court in Strasbourg," Miletić concluded.

Election legislation has long been a process that significantly hinders processes in the country and at lower levels. The Central Election Commission faces difficult decisions on many matters. But, the BiH CEC will have to solve the rebus of election issues.