VIDEO INTERVIEW Išerić for NAP: Legitimate representation would mean division of the country, we must not agree to that!

Interview by: Rasim Belko

Enver Išerić, PhD, in an interview for the Patria News Agency talks about the European Commission's report on Bosnia and Herzegovina, the actions of High Representative Christian Schmidt, and the Election Law.

Doctor Išerić, recently a member of the People's European Party, also discusses the issue of foreign judges in the Constitutional Court of BiH, state property, and the patriotic forces that should protect Bosnia and Herzegovina.

Video and editing: Anel Bešić

On the European Commission's report?

Išerić: The European Commission's report on Bosnia and Herzegovina is completely negative. If the EC states in the report, 'We recommend that BiH opens accession negotiations with the EU once it fulfills the conditions.' This could have been stated differently – 'We do not recommend negotiations for BiH until it fulfills the conditions.'

On Schmidt and legal uncertainty?

Išerić: If we were to clearly read the EC report on the actions of High Representative Christian Schmidt, it is important to emphasize that the entire discussion was focused on the House of Peoples of the FBiH Parliament. Schmidt's decision from April was one of the High Representative's mistakes. He should have been more careful during his first intervention. What is important to note is that the PIC should stand behind Schmidt's decisions. I am not sure that the member states of the Peace Implementation Council agreed with his decisions.

How to untangle the issue of the Election Law?

Išerić: One of the 14 key priorities is the amendment of the Election Law, but in the sense of ensuring a regular electoral process. This is the key thing required of BiH. BiH is not being asked to make changes concerning legitimate representation. Besides, legitimate representation is resolved. The High Representative himself stated that the 'Ljubić' ruling has been implemented by his decisions. In that 'Ljubić' decision, legitimate representation in the Presidency of BiH is not mentioned anywhere. We must not agree to legitimate representation in the Presidency, because the head of state represents the entire country and all citizens. Furthermore, we have rulings from the European Court of Human Rights, the latest one in the 'Kovačević' case, which clearly states that all citizens must be allowed to vote for their representatives regardless of where they live. Legitimate representation in the Presidency of BiH would mean the division of the country.

Should the Constitutional Court be left to anti-state forces?

Išerić: When it comes to the Constitutional Court of BiH, some political forces are trying to convince us that they will not agree to the adoption of the law on the Constitutional Court of BiH, because it is a constitutional matter. This is true, but if so, why is a working group being formed to draft the law on the Constitutional Court of BiH? The status of foreign judges in the Constitutional Court cannot be resolved by law; it must be resolved by the Constitution. If we were to move towards that, then the status of foreign judges and the method of electing judges must be regulated by the BiH Constitution. In that case, judges should be elected by the Parliamentary Assembly, i.e., the House of Representatives of BiH.

Who will resolve the issue of state property?

Išerić: It is very difficult to expect an agreement on state property. This issue will most likely be regulated by the High Representative with his decision. Pro-Bosnian parties must make it very clear to the High Representative that when deciding on state property, he must be guided by the Vienna Convention on Succession of 1983 and the Agreement on Succession of 2001, which clearly state what constitutes state property.

How to preserve Bosnia and Herzegovina?

Išerić: Bosnian or pro-Bosnian forces are now so strong that I don't think there will be any secession. Bosnia and Herzegovina should be strengthened by empowering state institutions and by fighting through the institutions of Bosnia and Herzegovina – legally, politically, and if necessary, by all other means.