Zoran Mikulić: DEMOCRACY FOR THE RESERVATION
According to media headlines, the formula for electing delegates to the House of Peoples of the Federation of Bosnia and Herzegovina is calculated in a way that accounts for all members of one nation in the Federation. For example, if the number of Bosniaks in a canton does not make up more than three percent of the Bosniak people living on the territory of the Federation of BiH, such canton is not eligible to delegate a single Bosniak.
The Constitution of the Federation of Bosnia and Herzegovina clearly defines that each canton appoints one Bosniak, one Croat and one Serb, if such a person is elected to the cantonal assemblies. The aforementioned proposal violates the Constitution of the FBiH.
According to that, Posavina Canton, Bosnia-Podrinje Canton and West Herzegovina Canton shall not be eligible to delegate Serbs to the House of Peoples of the Federation of Bosnia and Herzegovina. Una-Sana Canton and Bosnia-Podrinje Canton could not delegate Croats to the House of Peoples of the Federation of Bosnia and Herzegovina. Posavina Canton, Bosnia-Podrinje Canton, West Herzegovina Canton and Canton 10 would not be able to delegate Bosniaks.
Bosnia-Podrinje Canton would not appoint a single Serb, Croat or Bosniak delegate to the House of Peoples of FBiH. That would represent a direct violation of the Constitution of the Federation of Bosnia and Herzegovina.
Bosniak People Caucus and Croat People Caucus at the House of Peoples of FBiH are directly elected by the Bosniak People Caucus and the Croat People Caucus at the House of Peoples of Bosnia and Herzegovina. That is an additional discrimination against citizens from disputed cantons.
Such imposition is contrary to the views of the Venice Commission, the judgments of the European Court of Human Rights and the decisions of the Constitutional Court of Bosnia and Herzegovina, which decisively stated its position on this issue. The Court undoubtedly believes that all constituent peoples have that status on the entire territory of Bosnia and Herzegovina. Therefore, all political rights based on belonging to one of the said peoples cannot be tied only to a certain part of the territory. However, that is exactly what HDZ wants. Croat People Caucus at the House of Peoples of FBiH would, according to the imposed changes, consist of delegates exclusively from cantons where Croats are the absolute majority. The same applies to the Bosniak People Caucus. Serbs and others, as well as citizens forcibly forgotten and marginalized, are only there as political folklore and assets to be traded in..
This contradicts even the OHR's own position from 2018, according to which the House of Peoples does not only have the role of representing the constituent nations, but also each canton separately.
If the fundamental purpose of existence of the House of Peoples of FBiH is to prevent collective inequality and ethnically-based discrimination, mostly happening to those who are minorities in certain regions, isn't it logical then to give a stronger or at least the same-level strength of voice to those who come from areas where they are a minority?
All in all, this is in direct opposition to even perverse principle of constitutionality. According to this, the number of people decides on representation of the said people in the government.
The rights of the collectivity, if jeopardized, cannot be jeopardized where that collectivity is an absolute majority, but quite the opposite. It is precisely those who are minorities that should be enabled to fight for the equal opportunities to exercise their rights. The voice of those vulnerable must be heard and made audible precisely from the place where they are being made vulnerable as a minority.
But, maybe it is above all and more important than anything else to be constitutive in a territory created by demographic engineering? When one is constituent and on their own territory, perhaps that makes them no longer hungry… when one is constituent and on their own turf, suddenly gasoline is not so expensive, while the sons and sons in law of Čović and Jelka do not spend too much of our money, on secong thought… Each one of them is one of our own, for heaven's sake, our collectivity is shared, as is our territory… Flags do not pay the bills. Life goes beyond the hangovers of the forties and the new wave hangovers of the nineties.
History of Bosnia and Herzegovina is more than just another list of crimes, after all.
Tragically, a good share of those who are thunderously silent on matters of October are ready to dance to the tunes of their own predators, even if that tune leads them into the ultimate silence. They keep living out of sheer courtesy… and would give anything to dare leaving the key to their apartment under the doormat and having the whole neighborhood know it…
People, we got the front row tickets to the HyenaFest. Lean back into your well-worn armchairs and watch the show. Schmidt cast the roles to those monopolizing on lies long time ago.
What is the symbolism behind the destruction of everything Partisan?!
Ever since peace “broke out”, as soon as we are out of arguments, we tear something down. Symbolically. To stave off the evil eye. An overdose of nationalism is affecting too many who, delightedly, at the slightest wink of their leader, race into the spotlight to share their bland comments on social networks, thus casting a vote for war, with impunity.
How, amidst all of this, to classify the author of the latest idea of the dissolution of Bosnia and Herzegovina?
The imposed law is a simple wish list of the pro-Russian HDZ. Aside from aiding his German energy crisis to ingratiate itself with Putin, it is evidently, similarly to the Berlin Congress, reminiscent of the tip of an iceberg concealing below the surface bilateral and multilateral settlements, reconciliations and mutual concessions away from the public eye.
Ethnic electoral engineering hands the HDZ the voters they want. It does not give the citizens the politicians they want. Instead of removing such engineering, Berlin again imposes constitutive democracy on us. That is not democracy. What does it mean to be constitutive? Does that mean that some are less constitutive than others or not constitutive at all, especially if away from their territory and therefore devoid of any rights? What does it mean to even be constitutive, but dare to live where yours have lived for centuries, rather than someplace determined by human movement?
Citizens are turned into minority in their own country. The decisions of the courts are to be agreed upon.
Collectivities? Collectivities are imposed on us from the outside. I wish to have my rights as an individual, therefore a citizen. It is my right to decide which collective I belong to. Collectivity of nation, religion, profession… All of the group rights should be protected in certain ways. However, the state cannot be regulated and organized by means of forcing any individual into any collective. Wait, it can. Except, that is no longer democracy. What that is called is a name well known to everyone. I refuse to bathe in a public bathroom along with everyone else there. I have the right to my own bathroom at home.
You bloodied your hands in bringing down Yugoslavia. You introduced us to democracy. Now, as a peak of that democracy, you present to us The Unequal Value Of A Vote. Why on Earth did you even bother to bring us down in the first place? You could have had what you wanted back then and back there as well.
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