Interim Resolution CM/ResDH(2023)481

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 7 December 2023 at the 1483 rd 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

Å LAKU

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 once more 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;

Recalling again with utmost concern that, as a direct result of the absence of measures taken by the respondent State, to date four general elections have been held under the same regulatory framework which the European Court found to be discriminatory, despite the repeated calls of the Committee over the past 14 years, including in its Interim Resolutions CM/ResDH(2011)291 , CM/ResDH(2012)233 , CM/ResDH(2013)259 and CM/ResDH(2021)427 ;

Deeply regretting the lack of information in writing from the authorities on the measures envisaged or taken to implement the present judgments; recalling the coalition agreement of 29 November 2022 signed by leaders of several political parties by which they, inter alia , agreed to adopt, within six months following the formation of governments at all levels at the latest, limited amendments to the Constitution and to electoral legislation in order to implement the present judgments; noting in that respect that the process of formation of governments has now been finalised at all levels, with the exception of one canton in the Federation of Bosnia and Herzegovina;

Insisting firmly on the utmost importance of instantly relaunching the electoral reform work, while pursuing all consultations necessary aimed at eliminating discrimination based on ethnic affiliation in elections for the Presidency and the House of Peoples of Bosnia and Herzegovina;

Reiterating once again 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;

EXHORTED the authorities and the 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;

STRONGLY URGED the authorities to submit by 15 April 2024 information in writing on the measures taken to implement the present group of judgments;

DECIDED to invite the competent Minister of the Council of Ministers of Bosnia and Herzegovina for an exchange of views at its 1501 st meeting (June 2024) (DH).