The European path of Bosnia and Herzegovina is stopped until the country does not adapt its own Constitution as established by the European Court of Human Rights. Sarajevo between human rights and ethnic rights, the political vacuum and the factor Komšić
Bosnia and Herzegovina (BiH) has until Aug. 31 to amend its Constitution, uniformandola as established by the European Court of Human Rights in the case-Sejdic Finci.Otherwise,he established European Commission , the path of integration in the country will remain locked. The ultimatum came as BiH is facing yet another crisis, virtually without a government or a central level or at the Federation, the largest of the two entities that make up the country. A time when, according to the authoritative study center International Crisis Group ( Bosnia's Gordian Knot: Constitutional Reform ), "the system of government of Bosnia and Herzegovina has reached the breaking point."
The last elections in BiH were held in October 2010. However, the government was not formed until 14 months later, after lengthy consultations between the different political forces. The government, led by Vjekoslav drink, lasted only five months, until last May, when the break occurred between the Social Democratic Party (SDP) and Party of Democratic Action (SDA), apparently to differences over the budget law.
The crisis, from the state level, it is poured on the federal. The coalition argued that the government entity, formed as a result of a controversial intervention by the Office of the High Representative 5 months after the elections, jumped after the divorce between SDP and SDA.
The Social Democrats have announced new coalition with the party of SBB media mogul Fahrudin Radoncic and Bosnian Croat HDZ, the two parties and HDZ 1990. It is still unclear if they can govern at the state level or the Federation, where procedures for the government reshuffle is proving too complex for the obvious opposition Democratic Action Party.
The situation is a stalemate, with the country effectively without guidance in a delicate phase, and necessary institutional reforms.
Dayton or Strasbourg
The Dayton Constitution of Bosnia and the European Convention on Human Rights and Fundamental Freedoms, of which Bosnia and Herzegovina is a signatory, are incompatible. The Strasbourg judges have established in 2009, responding to a complaint by a representative of the Bosnian Jewish community, Jakob Finci, and a member of the Bosnian Roma, Dervo Sejdic. Reserve certain public functions as representatives of certain ethnic groups, excluding others, as required by the Constitution drawn up in Dayton, violates the European Convention. The Constitution should therefore be changed and now, after almost 3 years of inconclusive discussion, the European Commission has set a deadline.
The main Bosnian political forces seem to be oriented to change "cosmetic", making it possible to accept the decision of the Court keeping the plant in Dayton. The problem, however, is not confined to the two institutions come under the lens of European judges, that the Bureau (restricted to a Serb, a Croat and a Bosniak) and the House of Peoples (consisting of 5 representatives of the 3 ' constituent peoples ").
In Bosnia and Herzegovina there is a whole system of ethnic quotas, formally and informally, concerning not only the public sector but also private, at least for the companies in which the state has some form of participation. Recently, moreover, a citizen residing in Republika Srpska, Bosniak, Ilijaz pilaf, filed a further appeal to the European Court asking why, although part of one of the three "constituent peoples", could not run for president of the country (1).
The whole structure, based orientation "racist" prevailed at the peace table in Dayton, shows its long cracks. Already in 2005 the Venice Commission of Council of Europe spoke of "indispensability of constitutional reform." After the broadsides of the judges of Strasbourg, now is the same path Europe to be questioned. Touch the Dayton system, however, is tantamount to opening a Pandora's box.
Human rights or ethnic
Dayton has adopted a definition of closed identity. A citizen can only be Serbian, Croatian, Bosniak or "other", the residual category that includes all minorities. If it is problematic in general accept a concept so unique identity, this is even more to Bosnia and Herzegovina, a country with a long tradition of intermarriage, and consequently of multiple identities. In addition, many people in Bosnia reject any one ethnic label and prefer to be considered simply as Bosnian citizens (civic option), without further specification. Even these, the Bosnians, now in Bosnia and Herzegovina are paradoxically a minority and are part of the "other".
The choice posed by the judges in Strasbourg, in other words, is that between democracy and ethnic democracy. It's not a matter of little account, and ICG wisely - taking over all these contradictions - the Commission suggests to soften the deadlines, making the draft reform of the Constitution of the accession process, and not a precondition for accession itself. The risk is in fact being with hasty solutions, pejorative of the current situation.
The variable Komšić
On 23 July Željko Komšić, Croatian representative in the country's president and vice president of the Social Democrats, left the party. Komšić would disagree with the alliance between SDP and HDZ and the type of constitutional amendments to be introduced to apply the Strasbourg ruling.
Komšić is an extremely popular politician in the Federation. Croatian, but in Sarajevo, as a decorated war hero nell'Armija Bosnian, is known for his positions clearly oriented towards a declination civic and ethnic rights. In the elections of 2010 drew more votes from his party, 337,065, over 60% of the total. Local media have done a lot of noise, trying to figure out if Komšić would have created a new political party, or he would join an existing party. The doubts have been allayed by the weekly Slobodna Bosna, on newsstands today, that Komšić will launch a new party which will be called "Citizens Party", Građanska Stranka. According to reports gathered by Slobodna Bosna, in the new party there will be several (former) SDP officials, including some (former) collaborators Zlatko Lagumdžija as Emir Suljagic and Reuf Bajrović.
Union of Minorities
Bosnia and Herzegovina, as the European Union in the felicitousdefinition of Romano Prodi is a "union of minorities". A strong central government, voted with the simple majority rule, would be hated by Serbs and Croats, the numerically small minorities. At the same time, you can not continue to impose on the country, the racist system developed by nationalists in Dayton. The Citizens' Party, in this respect, it represents a hope for the future.
The problem, however, is not just about Bosnia, about Europe. You can develop a democratic, federal necessarily, that would protect all citizens and diverse communities that make up a union? If you can, what is Europe?