Maja Sahadžić: The Electoral System of Bosnia and Herzegovina suvremene TEME, (2009.) God. 2, Br. 1 CONTEMPORARY issues, (2009) Vol. 2, No. 1 UDK: 342.84:324(497.6) 327.56($+73:497.6) Pregledni rad Primljeno: 27. 8. 2009. The Electoral System of Bosnia and Herzegovina: A Short Review of Political Matter and/or Technical Perplexion MAJA SAHADŽIĆ Faculty of Law, University of Zenica, Bosnia and Herzegovina The Dayton Proximity Talks were held in the Wright - Patterson Air Force Base in Ohio, USA from 1-21 November 1995. They resulted with the General Framework Agreement for Peace in Bosnia and Herzegovina (e.g. Dayton Peace Accords, Dayton Peace Agreement) that was signed by the Re- public of Bosnia and Herzegovina, the Republic of Croatia and the Federal Re- public of Yugoslavia and witnessed by USA, UK, Germany, France, Russia and an EU special negotiator. The Dayton Peace Accords ended the conflict in Bos- nia and Herzegovina and shaped a basis for peace. But, the most important issues for democratic functioning of the state have not become conciliated with international legal standards; such as elections and the electoral system. The Dayton Peace Accords arose from compromises and different trade-offs which account for many open questions regarding the Bosnian electoral system. Key words: electoral system, Bosnia and Herzegovina, political and technical issues, elections, Dayton Peace Agreement 1. Introduction and reference groups, the actual political situa- tion, effects of concrete life conditions, political From a scientific view, elections are ex- socialisation of an individual, activity of electoral ceptionally interesting, since they constitute a campaign so as interested political parties and very important decision that, once brought, in candidates, the role of mass media and many next several years, depending on a concrete more unpredictable effects that compress in, at Electoral Law in an individual country, deter- the fist look, simple decision of choosing a cer- mines the repository of political power. In that act tain list, party or candidate are reflected (Šiber, of electoral commitment, the whole national his- 2003: 88-103). tory, certain regions, political traditions of family centar za politološka istraživanja the political science research centre 61 www.cpi.hr Maja Sahadžić: The Electoral System of Bosnia and Herzegovina suvremene TEME, (2009.) God. 2, Br. 1 CONTEMPORARY issues, (2009) Vol. 2, No. 1 An electoral system is a “unity of elector- nian Serb war machine. Second, ethnic cleans- al principles and mechanisms of their achieve- ing was practically completed. With most (but not ment which is conducted as a part of the overall all) Bosnians living in ethnically defined areas, political and constitutional system of a certain nationalists had achieved their goal of securing state” (Đorđević, 1975: 697). For the purposes control of territory by destroying the ethnic mix of this analysis, we will mention only the differ- characterising Bosnia prior to the outbreak of the ences between the proportional and the plurality conflict. Third, Serbia and Croatia were ready to electoral system and their influence on political terminate their support for their ethnic cousins participation. Proportional electoral systems are in Bosnia. Serbia was desperate to obtain the considerably more responsive to different politi- lifting of the United Nations sanctions imposed cal programmes; they enable representation of earlier on. Croatia wanted to regain control of its smaller political parties in representative bodies, eastern region of Slavonia taken by the Serbs which means taking a variety of interests of the in 1991, and gain international legitimacy for its electorate into consideration. Majority systems newly acquired independent state. Both Serbi- aspire to decrease the number of political par- an and Croatian leaders negotiated and signed ties, especially in the plurality systems. From the the peace at Dayton on behalf of their Bosnian perspective of voters’ motivation, proportional counterparts. A massive international peace op- systems are considered more motivating, be- eration was deployed in early 1996 to help the cause they make it possible for even some minor parties implement the agreement. Implementing interests to be represented, based on a certain the Dayton Peace Agreement has been very dif- number of votes (Šiber, 2004: 3-27). In the frame- ficult, and no clear exit strategy has yet emerged work of proportional election systems, the mean- for international organisations and humanitarian ing of the electoral threshold is also worth noting, agencies in the country. The primary reason for i.e. the percentage of votes that is required for this is that the Dayton Peace Agreement was the participation in the distribution of mandates. negotiated with the same ethnic leaders likely Logically, a high electoral threshold is explicitly to boycott its full implementation (Belloni and discouraging, while a low one gives the smaller Deane, 2005: 219-243). parties and their potential voters the chance to participate in sharing the “electoral cake” (Šiber, Elections played a particularly important 2004: 8). Generally speaking, all institutions, as role in attempts to manage ethnic ten- well as electoral systems, are designed and gov- sions in plural societies such as Bosnia erned by laws and regulations, which are drafted and Herzegovina. Debates about elec- by national or international actors. Nevertheless, toral systems have traditionally revolved this design can derive from different origins of around the desirability of the major ideal social and political change, being driven by ac- types. Majoritarian electoral systems cident, evolution or intention (Goodin, 1998: 24- are designed to promote accountable 30). Finally, previous experiences acknowledge single-party government, by awarding that effects of electoral systems are contingently the greatest representation to the two conditioned and that they can be apprehended leading parties with the most votes. Pro- only by a historical-empirical analytic approach portional electoral systems aim to gen- (Kasapović, 2002: 3-19). erate inclusive and consensual power- sharing, by producing parliaments that 2. Historic Background reflect the vote shares of multiple par- ties. During the 1990s debates turned Not to be prejudiced and spacious, this increasingly towards the pros and cons is how authors Belloni and Deane describe end- of “combined” (or “mixed”) electoral sys- ing war in Bosnia and Herzegovina: the Bosnian tems, incorporating features of each of War lasted from April 1992 until November 1995, the major ideal types (Søberg Shugart when a peace agreement was reached at Day- and Wattenberg, 2001: chap 5). ton, Ohio, after three weeks of intense negotia- tions conducted under the aegis of the United The Law for Protection of the Rights of States. The end of the war came about as a National Minorities was adopted in 2003; howev- result of three interrelated episodes. First, the er, its implementation still has not commenced. North Atlantic Treaty Organization (NATO) con- According to the Helsinki Committee for Human ducted the Operation “Deliberate Force” in Sep- Rights in Bosnia and Herzegovina, the econom- tember 1995, effectively undermining the Bos- ic and social rights of the members of minority centar za politološka istraživanja the political science research centre 62 www.cpi.hr Maja Sahadžić: The Electoral System of Bosnia and Herzegovina suvremene TEME, (2009.) God. 2, Br. 1 CONTEMPORARY issues, (2009) Vol. 2, No. 1 groups are more frequently violated then those challenge given the proven power of ethnic fear of constituent peoples. Procedural obstacles and zero-sum ethnic polarisation in Bosnia and made it impossible for national minorities to elect Herzegovina. The country still faces significant their representatives to local assemblies in 2004 challenges, but the next ten years are likely to local elections; subsequently this group remains be much more progressive and dynamic for the deprived of opportunities to influence political country than the past decade because of the Eu- developments (Bieber, 2006: 46). Minorities and ropean Union accession process. With Europe- ethnic groups, unless geographically concentrat- an Union membership possible on the twentieth ed, tend to be better represented in proportional anniversary of Dayton, there may eventually be systems, while majoritarian systems tend to per- something to celebrate on November 21 for all of manently exclude dispersed minorities from rep- Bosnia and Herzegovina’s citizens (Ó Tuathail, resentation (Harris and Reilly, 1998: 193-199). O’Loughlin and Djipa, 2006: 61-75). The formal dominance of religious in- stitutions has decreased in recent years; for ex- 3. Electoral Legislation in Bosnia and ample, the emphasis of the Serbian Orthodox Herzegovina1 Church in the Republic of Srpska, mentioned in the constitution of this entity, has promoted the The grounds for elections and the elec- exclusion of Croats and Bosniaks in the past. toral system of Bosnia and Herzegovina have Constitutional amendments and changes to leg- been arranged by the Dayton Peace Accords for islation eliminated this form of discrimination in Bosnia and Herzegovina and the Electoral Law 2002. Informally, however, religious institutions of Bosnia and Herzegovina. continue to significantly influence Bosnian poli- tics. Religious leaders’ extensive involvement a) Dayton Peace Accords for Bosnia and in politics was exposed