In his most recent statement, Schmidt deceives the public and relativizes the importance of changing the Election Law, by saying that there is already a valid Election Law according to which elections can be held in Bosnia and Herzegovina. It is a notorious lie, shameful denial of the rule of law and gross disrespect for the institution of the BiH Constitutional Court.
We remind Schmidt that the BiH Constitutional Court ruled that the then Election Law was not in accordance with the BiH Constitution in the case U-23/14, ie in the case Ljubić.
More precisely, certain provisions of the Election Law were contrary to Art. I / 2 of the Constitution, which states that BiH is a free and democratic country that operates on the basis of free and democratic elections. In addition, the disputed provisions violated a fundamental principle of the BiH Constitution - the constituency of 3 peoples.
After that, the BiH Constitutional Court, the only authoritative interpreter of the BiH Constitution, deleted the unconstitutional provisions. Therefore, there is currently a gap in the Election Law that must be filled with new provisions that must be in line with the Constitution, and thus the Dayton Peace Agreement. Without fulfilling this legal obligation, the BiH Constitutional Court has made it clear that elections cannot be democratic.
We emphasize that anti-Dayton, anti-constitutional and anti-democratic elections should be unacceptable to everyone. However, it is known that pro-Bosniak parties persistently insist on such elections, because only with such a discriminatory electoral framework can they exercise majority, Bosniak hegemony.
We assume that Schmidt is guided by a small, careerist motive of his own CV, which he does not want to "taint" with the possible failure to hold BiH elections. However, this is precisely why Schmidt should plead for the rule of law to be respected, the Decision of the BiH Constitutional Court to be implemented and, accordingly, the Election Law to be finally harmonized with the BiH Constitution.
Instead, at the time of Election Law negotiations in Neum, Schmidt decided to assist the pro-Bosniak parties in buying time and maintaining the status quo, thus undermining electoral reform. It is a direct endorsement of their destructive, anti-Dayton actions and support for majority hegemony, which is lethal to multinational societies, as history has recently shown in this area.
Unfortunately, instead of an honest and impartial mediator, BiH has been given another immature exponent of Greater Bosniak nationalism who will be co-responsible for its collapse.
We therefore ask Schmidt not to invoke the the rule of law, fair elections, the Dayton Peace Agreement and democracy in general. It is Schmidt who denies, disrespects and destroys all of the above.
Dnevnik.ba