Bosnia and Herzegovina - August 2023

The European Court of Human Rights found that territorial and ethnic rules applicable in Bosnia and Herzegovina (BiH)’s state-level elections are discriminatory, violating the general prohibition of discrimination in the European Convention of Human Rights. BiH’s Constitution defines a power-sharing arrangement whereby the three “constituent peoples” (the Bosniaks, Croats and Serbs) are equally represented in the House of Peoples (a parliamentary chamber) and the tripartite presidency. People outside the three dominant ethnic groups are not included in these arrangements and cannot be elected to these institutions. The ruling held that elections are “undemocratic” because they entrench advantages of the main ethnic groups over others. The case was brought by Slaven Kovačević, an adviser to a member of BiH's Presidency who is not affiliated with any ethnic group, who argued he was not genuinely represented in the 2022 elections.

Sources: Euronews, European Court of Human Rights (1), European Court of Human Rights (2), Avaz