Observers Say Bosnia Elections Competitive Despite Challenges

OSCE

There was genuine competition in Bosnia and Herzegovina's 4 October general elections and contestants were largely able to reach voters. The political landscape is deeply fragmented, characterised by conflicting narratives still rooted in wartime divisions, the international election observers said in a statement of preliminary findings and conclusions today. The first-time countrywide use of information and communication technologies (ICT) was introduced to address longstanding electoral integrity concerns, although delays and shortfalls limited transparency in the implementation stage, the statement says.

The election administration made considerable efforts, but persistent institutional and operational constraints, combined with its increased responsibilities, affected the efficiency and timeliness of its work, the observers said. Suffrage rights continue to be subject to discriminatory restrictions based on ethnicity and residence. Some broad legal provisions unduly restricted political discourse in the pre-election period.

"Yesterday marked an important milestone for elections in Bosnia and Herzegovina, with new voting technologies used country-wide for the first time. This achievement was made possible in part thanks to the sustained efforts of the Central Election Commission, and to all those who participated in and contributed to this process," said Luis Graça, Special Co-ordinator and Leader of the OSCE short-term observer mission. "We encourage the newly elected leadership and legislators to build on this progress, advance further electoral reforms, and continue strengthening democratic institutions and processes in Bosnia and Herzegovina."

"More than three decades after the Dayton Peace Agreement, the stability of Bosnia and Herzegovina remains important for the security of the entire Western Balkans and the wider Euro-Atlantic area," said Sverre Myrli, Head of the NATO PA observer delegation. "The NATO Parliamentary Assembly is pleased to contribute to international efforts to support election monitoring and strengthen democratic governance. Strong democratic institutions, respect for the rule of law, and political dialogue are fundamental elements of that stability, which we will continue to support jointly with the rest of the international community."

The election-related laws and regulations overall provide an adequate basis for holding democratic elections and recent amendments strengthened safeguards. Still, important ODIHR and Venice Commission recommendations remain unaddressed, including on ethnicity- and residency-based restrictions on suffrage rights, misuse of public resources, election dispute resolution, campaign finance oversight and dissuasive sanctions.

The technical preparations were marked by significant challenges, including notable delays in the receipt of the ICT devices, difficulties in forming polling station committees and recruiting technical operators, as well as late and insufficient training of election commissioners and voter education on the new voting methods and the new ballot.

The 2024 legal amendments provide for countrywide use of electoral ICT. The introduction of ICT was made in response to previous concerns of voter impersonation and fraudulent counting. The law lacks sufficient provisions for effective implementation, and the deployment of ICT devices was carried out hastily, with limited time for testing, voter education, and training of election officials.

"Election day unfolded in a generally calm and peaceful atmosphere, both inside polling stations and in their surroundings. Our observers were able to follow the process without impediment and were welcomed by election officials across the country," said Allessia Claes, Head of the OSCE PA observer delegation. "This is encouraging, but our observation also identified shortcomings that should be addressed. We encourage the authorities and all relevant stakeholders to draw on these findings and continue working to strengthen the electoral process ahead of future elections."

Election day proceeded in an orderly manner, but a number of technical difficulties and issues with the complex voting process were observed. Polling officials generally managed the use of the devices adequately, but the process was assessed negatively in a significant number of polling stations observed. Negative observations were mainly attributed to serious shortcomings in ensuring secrecy of the vote and technical issues with the new devices. In one-fifth of the polling stations observed for the count, there were significant procedural omissions, indicating polling officials had a limited understanding of the complex procedures and made attempts to find practical shortcuts. There were only minor discrepancies between the manual and electronic counts in polling stations observed.

Fundamental freedoms were respected, although the broad application of the ban on early campaigning resulted in numerous political actors being sanctioned, affecting political discourse. In the absence of sufficient regulation against the misuse of public resources, entity, cantonal and municipal authorities increased salaries and pensions, and provided social benefits and one-time payments to entice voters, undermining the equality of opportunity for contestants.

"The introduction of new technologies strengthened the integrity of the vote," said Davor Ivo Stier, Head of the EP observer delegation. "On the country's EU path, further reform of electoral legislation is needed to address the rulings of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina."

"Democracy begins with a simple principle: Every citizen matters and every vote counts," said Jone Blikra, Head of the PACE observer delegation. "Free and fair elections must guarantee that people can make their choice freely, that all votes are treated equally, and that the will of the voters is respected. These are fundamental values of the Council of Europe."

In an overall inclusive process, the CEC registered 7,028 candidates, including 2,977 women. Despite uniform compliance with the 40 per cent gender quota for candidate lists, women headed only about 14 per cent of lists for state and entity legislatures and concerns about their nomination as mere placeholders persisted. Recent amendments requiring parties to promote gender equality during campaigning did not result in a tangible increase in the visibility of women candidates in these elections.

Campaign regulations are also applicable online, but institutional frameworks for addressing issues in the online environment are insufficient. ODIHR's social media monitoring identified a polarized online environment, shaped by anonymous media websites and social network accounts, clickbait networks and AI-generated content, which often included misleading information, divisive and inflammatory rhetoric. The absence of safeguards to protect the online information environment, coupled with the lack of obligations on big tech companies to mitigate risks, leaves voters more vulnerable to manipulative information.

"ODIHR has been present in Bosnia and Herzegovina for six weeks, and in this time, we have seen how the divisions in the country are reflected in campaign rhetoric, in the information available to voters both online and in traditional media, and in the election administration. This has continued to impact the level of trust in the election process," said Tana de Zulueta, Head of the ODIHR election observation mission. "The introduction of new technologies could contribute to building this trust, but the process needs to be more transparent, and voters and election officials need to be better prepared."

Most media monitored by ODIHR failed to adhere to the legal requirement to provide balanced and impartial election coverage. Further, none of the three public broadcasters covered the campaign in news programming, focusing instead on coverage of election preparations and extensive coverage of the respective incumbents in their official capacities. Private media offered substantial but partisan news coverage of the contestants. These factors, combined with moderate participation in debates, limited voters' access to balanced information and their ability to make an informed choice.

Although voters and contestants have access to legal remedies, the system of election dispute resolution remains under-resourced, largely ineffective and lacking in transparency. The CEC's complaint review mechanism was substantially burdened by a large number of complaints, mainly related to alleged early campaigning.

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