Interim Resolution CM/ResDH(2021)427
Execution of the judgments of the European Court of Human Rights
Sejdić and Finci group against Bosnia and Herzegovina
(Adopted by the Committee of Ministers on 2 December 2021
at the 1419th meeting of the Ministers' Deputies)
Application
Case
Judgment of
Final on
27996/06
SEJDIĆ AND FINCI
22/12/2009
Grand Chamber
3681/06
ZORNIĆ
15/07/2014
15/12/2014
56666/12
ŠLAKU
26/05/2016
26/05/2016
41939/07
PILAV
09/06/2016
09/09/2016
55799/18
Pudarić
08/12/2020
08/12/2020
The Committee of Ministers, under the terms of Article 46 paragraph 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Recalling that these cases concern discrimination against persons not affiliated with the constituent peoples in Bosnia and Herzegovina or those failing to meet a combination of the requirements of ethnic origin and place of residence as regards their right to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina;
Reiterating the crucial importance of the respondent State’s obligation, assumed under Article 46 of the Convention, to abide by the Court’s judgments promptly, fully and effectively to ensure the maximum possible reparation for the violations found, and that the retention of the present discriminatory election system constitutes a clear violation of the requirements of the European Convention on Human Rights, this being not only an aggravating factor as regards the State’s responsibility under the Convention for an existing or past state of affairs but also represents a threat to the effectiveness of the Convention machinery;
Reiterating once again its gravest concern that the authorities and political leaders of Bosnia and Herzegovina have not yet achieved a consensus on the content of the required amendments to be introduced in the Constitution of Bosnia and Herzegovina and the electoral legislation despite the repeated calls of the Committee, including in its Interim Resolutions CM/ResDH(2011)291, CM/ResDH(2012)233 and CM/ResDH(2013)259;
Noting therefore with utmost concern that, if no measures are taken by the respondent State as obliged under Article 46 of the Convention, 12 years after the Sejdić and Finci judgment, the fourth general elections since this judgment (foreseen for October 2022) will be held in a constitutional and legislative context in violation of the European Convention;
Noting in this regard that the Inter-Agency working group, composed of members designated by the House of Peoples, the House of Representatives, and the Council of Ministers of Bosnia and Herzegovina and tasked with the preparation of amendments to the electoral legislation, has not held a session since 23 July 2021 and has not yet put forward any concrete proposals, despite the Committee’s call on the respondent State’s authorities and national stakeholders engaged in the electoral reform process to take steps in order to ensure that it resumes its work as a matter of priority;
Noting the ongoing electoral reform efforts and the commitment expressed on numerous occasions, including during the mission of the Secretariat to Bosnia and Herzegovina on 9-10 November 2021, by the national authorities and political leaders to the full and effective execution of the Court’s judgments;
Reiterating in this respect the willingness of the Council of Europe to assist by all available means the authorities of Bosnia and Herzegovina in meeting their obligations under Article 46 of the Convention and urging the authorities to take advantage of all expertise available within the Council of Europe, notably the Venice Commission, to rapidly reach a consensus on the required electoral system reform;
EXHORTS the authorities of Bosnia and Herzegovina and political leaders of Bosnia and Herzegovina to deploy all their efforts to reach a consensus on the necessary amendments to the Constitution and the electoral legislation so that the elections in October 2022 are held in full and effective compliance with the European Court’s judgments;
DECIDES to resume examination of these cases at the 1428th meeting (March 2022) (DH); should no tangible progress be achieved by then, affirms its readiness to take new action to ensure that the respondent State abides fully and effectively by its obligations deriving from the Court’s judgments.