The OSCE Mission to BiH deeply regrets the lack of progress in delivering crucial amendments to the BiH Election Law so far, despite years of negotiations and numerous rounds of discussions and calls the elected leaders of BiH to finally deliver on their democratic obligations.
As we approach the 2024 elections and beyond, Bosnia and Herzegovina needs an inclusive, comprehensive, and transparent review of its electoral legislation, primarily to improve election integrity, prevent electoral fraud and thus safeguard the democratic rights of its citizens.
The necessary amendments have been clearly and repeatedly enumerated and recommended, including by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), in its 2022 Election Observation Mission Final Report, by the Council of Europe's Group of States against Corruption (GRECO) and the European Commission for Democracy through Law (Venice Commission).
While technical fixes are important, they are not enough if the system remains broken in many other ways.
Due to systemic gaps in legislation, sub-legislation and existing practices that ODIHR has identified in their Reports, a number of irregularities do occur - before, during and after Election. These gaps might well call into question the overall validity of the elections and influence the outcome where the difference of votes is small.
Based on the recommendations from ODIHR's country reports following the last election cycles, the following deficiencies must be addressed as a matter of uttermost urgency:
- A comprehensive review of the legal framework should be undertaken to address all outstanding ODIHR recommendations, eliminate existing gaps and inconsistencies. In line with international good practice, the comprehensive review process should be open, inclusive and consultative and take place well before the next elections.
- In order to ensure timely formation, impartiality and professionalism of Polling Station Commissions and increase stakeholders' trust, the authorities should review the system of appointment of these commissions. This could be achieved by limiting eligibility to nominate their members only to the parties represented in the state parliament, or those drawn from a permanent roster of trained people maintained by the Central Election Commission.
- The consistent application of procedural safeguards and all other measures aimed at preventing electoral corruption, fraud and irregularities, should be considered including creating legal pre-conditions for piloting and full application of new technologies in elections.
- Authorities should provide adequate and effective allocation of funds to ensure the functionality of the Central Election Commission as an institution, including in non-election years, and to cover all the costs associated with the organization of the elections. The Central Election Commission should be provided with the necessary resources to hire sufficient and qualified staff, including in its audit, legal and IT departments, and to develop its IT infrastructure. In this sense, we were disappointed to see that the Council of Ministers has so far failed to approve the 2024 BiH institutions budget, which includes the necessary financing for the 2024 local elections. We want to see this remedied as soon as possible. Therefore, we hope that the Council of Ministers will reconvene at their earliest convenience in order to adopt the necessary allocation of sufficient financial resources, allowing for timely elections.
- Authorities should ensure that members of the election administration are not recalled for arbitrary reasons and that they are able to conduct their duties without fear of retribution or intimidation, including based on gender, and should promptly investigate and respond to such cases.
- To ensure the equality of the vote, the boundaries of multi-member constituencies and their relevant number of mandates should be reviewed periodically and well in advance of the next elections, in line with the national legislation, international standards and good practice.
- To increase the transparency of campaign finance and accountability for financial violations, the regulatory framework should prescribe proportionate and dissuasive sanctions for violations.
Once appropriately amended, the Election Law must then be implemented properly and equitably.
I urge, once again, the responsible authorities to ensure the integrity and transparency of the 2024 Local Elections, and take concrete steps to minimize electoral fraud.
It is responsibility of the politicians to restore the trust in the integrity of elections in BiH and thus ultimately in democracy.
Citizens of BiH deserve this.
