Schmidt: 'Ljubić' Ruling Concluded, House of Peoples Decisions Will No Longer Be Complicated

(Patria) - High Representative Christian Schmidt held a press conference where he said that "we certainly could not eliminate fraud and election theft, but we had fewer violations at polling stations, and that is related to the integrity package I introduced after the parties could not agree." 

He did not wish to comment on the election results as they are not final. 

He reminded that in the Federation of Bosnia and Herzegovina (FBiH) there was no FBiH Government and FBiH Presidency, and that the same convocation has been in place since 2014. 

"My goal was and remains for Bosnia and Herzegovina to join the EU. I created the conditions for decisions on who will be president and prime minister to be made in a short period after the elections," he said, adding that he had the support of party leaders, i.e., understanding from those he spoke with before imposing the measures. 

"From the SDA, including Mr. Komšić, and the HDZ, and all other parties, including precisely those civic parties that are very important to me and are a major element of a democratic society. It is not about influencing the will of voters; I remained silent about everything until the polling stations closed. What was important to me was the jurisdiction and functionality of the FBiH. The Constitutional Court of the FBiH has fewer judges than it should. And I allowed myself to set a deadline until Friday this week, and I hope that the current Federal Presidency will have the opportunity to make a proposal for appointing judges. I want to thank them in advance for that, and it means that the House of Peoples should hold a session and make a decision. In my decision, I ensured that the House of Peoples can convene even after the elections," Schmidt said. 

He said that a major reform of the electoral legislation still needs to be done.

"Regarding the Sejdić-Finci and Zornić rulings, they must be implemented as soon as possible, and there is no delay. I cannot do that because it is the task of the Parliament. I congratulate everyone who will receive notifications in the coming days that they have been elected to the Parliamentary Assembly of Bosnia and Herzegovina, and their first task is to ensure the implementation of those rulings. Every person has the right to be a candidate for the Presidency of Bosnia and Herzegovina. In this country, there are two approaches – one is the Dayton approach, but there is also a concept that rightfully questions how, with this kind of ethnic differentiation, it can be ensured that all people have equal rights. In the coming period, I will meet with young, smart people. I will meet with artists and people from film. I think we need to move a bit away from the idea that only party leaders have a say. That is why I inscribed two things in the federal Constitution – the participation of citizens, male and female, without them having to explain which group they belong to. We must look for other possibilities, and I came to the point of increasing the number of delegates from 17 to 23 and from 7 to 11 for Others. I recommend that the discussion on the Ljubić ruling be concluded, and for me, that ruling is legally concluded," Schmidt said. 

He said he slightly reduced the role of the national vital interest.

"When it comes to the FBiH, let's think about whether the House of Peoples, which is ethnically structured, should not represent regional interests. Ethnic corps do not represent cantons; they come from cantons. I want functionality. One thing I did not achieve. Now no one can say, 'I will not participate.' My decision is not about whether there is a favorite party and who that is; I think we must work with everyone. My task is functionality, not to create party representation," he said. 

Why did you not give Others the opportunity to have a president or vice-president? was one of the journalists' questions.

"With your political assessment of the Komšić ruling, you are right. But it says that this must be resolved at the state level. I am a person who respects the law. I increased the number of Others disproportionately. Legally, it is not possible. Perhaps at some point, I will find myself in a situation where something can be done. Then the question of the tripartite division will arise. Can you name a single country with three presidents? The failure of political structures during the war meant that wise decisions had to be made. I won't say I am not interested in Dayton and the ECtHR rulings; I cannot do that, it is the job of the Parliamentary Assembly of BiH, and we must do it. I am here to oversee the implementation of Dayton, not to change it."

Asked whether he had violated sovereignty by agreeing on changes to internal matters with the Prime Minister of Croatia, he said he did not approve of any president or prime minister making decisions.

"I make my own decisions. From Croatia, there were various remarks, sometimes kind, sometimes less kind. I made my decision, and I make my decisions alone," he said.

The EU delegation distanced itself from your decision; did you further complicate the situation?

"Decisions in the House of Peoples will not be more complicated because I set deadlines. The EU's goals are to bring this country to candidate status, and I think we have the same goals, only my role is different, and I work according to Dayton, not according to the obligations they have in the EU," he said. 

Regarding the filling of the Serb Club, Schmidt said that the Central Election Commission's mechanism for filling the Serb Club remains in effect. 

"On one hand, that distribution according to the highest number of votes 1:3:5:7, and then from the candidate lists, the next candidates are taken to fill the club," Schmidt said. 

Asked how the Sarajevo Canton will give more Serb delegates than Croat delegates, even though there are more Croats in Sarajevo, Schmidt said "that no one is less or more valuable."

"We are guided by the 2013 census, and I must say precisely that I do not know the exact numbers, but the principle of 1+1+1 remains, and then the number of representatives will be calculated and allocated to the appropriate corps," he said.