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<https://foreignpolicy.com/2018/03/21/bosnia-is-teetering-on-the-precipice-of-a-political-crisis-balkans-election-law-dodik/>
  


Bosnia Is Teetering on the Precipice of a Political Crisis – Foreign Policy


By Emily Tamkin

10-12 minutes

  _____  

More than two decades after Bosnia and Herzegovina gained its independence 
following the bloody dissolution of Yugoslavia, the government there is facing 
yet another looming political crisis, and the West appears to be doing little 
to stop it.

At issue is an electoral law impasse that’s a symptom of a weak constitution 
that was never meant to govern a country for a significant period of time, with 
political power brokers who have no incentive to resolve the crisis and four 
foreign countries clamoring for influence. 

In 1995, the Dayton Accords put a stop to the three-and-a-half-year war in the 
Balkans, and Bosnia still uses Annex 4 of the accords as its constitution.

Under that constitution 
<https://www.theguardian.com/global/2015/nov/10/bosnia-bitter-flawed-peace-deal-dayton-agreement-20-years-on>
 , all places at all levels of government are allocated by affiliation to one 
of three groups: Croat, Bosniak, or Serb. The country, since the end of the war 
in Bosnia, has been divided into two federal entities. One is the Federation of 
Bosnia and Herzegovina, populated primarily by Bosniaks and Bosnian Croats. The 
other is Republika Srpska, whose president is currently Bosnian Serb Milorad 
Dodik, a onetime Western darling now flirting with secession. 

Political crises aren’t new in the Balkans, but a new version of an old crisis 
is now crystallizing. In 2016, with some Croats advocating for a third, 
Croat-dominated entity to accompany Republika Srpska and the Federation of 
Bosnia and Herzegovina, Bozo Ljubic, a Croat politician, brought forward a 
complaint. 

Previously, the House of Peoples was made up of delegates reflecting the 
proportion of the main ethnic groups living in different cantons, with at least 
one delegate from each ethnic group. Ljubic complained 
<http://www.balkaninsight.com/en/article/bosnian-court-ruling-spells-constitutional-trouble-say-experts-12-14-2016>
  that this violated Dayton because appointing Croats from majority Bosniak 
cantons distorted Croats’ rights to legitimate representation. 

In December 2016, the Constitutional Court agreed with him, annulling several 
parts of its election law and called for a new one. 

Passing a new law in time for general elections — for the tripartite presidency 
and the House of Representatives — isn’t that easy. Some Bosnian Croats and 
Croatians in Croatia want 
<http://www.balkaninsight.com/en/article/international-intervention-for-bosnia-to-change-electoral-law-01-10-2018>
  the law amended so that Bosniaks cannot elect Croat representatives. 
Numerically dominant Bosniaks, they argue, should not be allowed to elect their 
own and Croats’ member of the tripartite presidency. 

“We are facing this year new elections that are in danger of not being 
implemented as this electoral law — there’s no deal between the three parties 
to change this electoral law,” warns Zeljana Zovko, who was a foreign affairs 
advisor for the chairman of the Council of Ministers of Bosnia and Herzegovina 
and is now a member of the European Parliament from Croatia.

Others say 
<https://ba.boell.org/de/2017/12/21/bosnian-croat-leadership-course-throw-bosnia-and-herzegovina-electoral-chaos>
 , however, that such language is a political power grab by some Bosnian Croats 
— specifically, the Croatian Democratic Union of Bosnia and Herzegovina, 
Bosnian Croats’ largest political party, better known as the HDZ. 

The proposed electoral law is “almost exclusively the product of HDZ talking 
points,” argues Jasmin Mujanovic, a political scientist and author of Hunger 
and Fury: The Crisis of Democracy in the Balkans.

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“It has very little to do with ethnicity or nationalism,” he says. “It’s the 
continuous attempt of the HDZ to carve out a de facto one-party state in the 
regions where it’s done very well electorally.” 

Mujanovic adds that HDZ-supported electoral law would immediately be struck 
down by the European Court of Human Rights. 

Florian Bieber, a professor of Southeast European history and politics at the 
University of Graz in Austria, says the HDZ, in addition to securing its voting 
bloc, is trying to mobilize its voters. “It serves, even if HDZ doesn’t have 
way with election law, as a way to mobilize troops and get support,” he says.

The electoral law is part of a low-grade political crisis created and 
perpetuated by several larger issues in Bosnia, including the failure to 
develop a new constitution.

“What Bosnia needs is a constitution,” Bieber says. “They’ve been operating 
with Dayton as a constitution for more than 20 years.” 

The Dayton Accords were meant to end a war by placating warring 
ethno-nationalist leaders, but Annex 4 has been used to govern Bosnia for more 
than two decades. “Dayton is a great way to end a war but a lousy way to 
organize a state,” one former senior U.S. official agrees.

Yet supporting Dayton remains the pillar of U.S. policy toward the region.

“U.S. Government policy remains dedicated to supporting the people of [Bosnia] 
in upholding the Dayton Peace Accords, maintaining the country’s sovereignty 
and territorial integrity, and promoting continued European integration,” wrote 
a State Department official in response to questions. 

The State official also noted that any electoral law could not conflict with 
the Dayton Accords. 

The resistance toward changing Dayton doesn’t just come from an international 
order; the country’s power brokers and political leaders, experts say, do not 
want to change the system because they stand to gain from furthering 
ethno-national divisions. 

“There are too many people benefiting from the system as it is,” Eric Gordy, a 
professor at University College London’s School of Slavonic and East European 
Studies, says. 

The EU was misguided in its belief that “the carrot of European integration was 
sufficient for local power brokers to give up patronage networks,” says one 
Western diplomat in the Balkans, who spoke to FP on the condition of anonymity. 
“The system that lets them maintain power is an ethno-national system.”

Dodik is one such power broker. In the past two years under his rule, Republika 
Srpska brought in thousands of rifles, and there are currently 
<http://www.newsweek.com/another-war-bosnia-russia-backs-separatist-politicians-military-buildup-europe-846949>
  78 Russian-allied nationalist organizations in the region.

“I’m not at all convinced that Dodik in the next year won’t try basically to 
pull off a Transnistria scenario,” Mujanovic says, referring to the 
Russian-backed breakaway region of Moldova. Bieber says he sees Dodik’s 
strategy not as secession but as a way to “gradually have the state wither 
away.” He continues: “At the end of the day, it’s a very fragile house of 
cards, and it just requires a little breath of air, and it will collapse on 
itself.” 

While Washington and Brussels take a back seat to the brewing crisis, Belgrade 
and Zagreb both have dogs in this fight, and Moscow and Ankara are growing 
increasingly influential. “Russia has been very, very active in the country, in 
Republika Srpska,” says Valentino Grbavac, an associate at the Institute for 
Social and Political Research in Mostar, Bosnia. “They own all of the oil and 
gas industry, they do retraining with police force — they have really vested 
interest.”

Nor is Russia the only outside power interested in meddling. “You have Turkey 
doing similar things [in the Federation] with the Bosniaks, helping political 
candidates, funding them,” Grbavac says.

It isn’t the threat of war that scares people but rather the idea that a 
low-grade conflict will break out. “I don’t think that what’s around the corner 
is war,” Mujanovic says, offering that what he sees coming is a “very 
significant degree of instability that may feature low-intensity conflict.”

While some are wary that the United States should get involved, others see it 
as the one country — with its history in Bosnia, role in creating the Dayton 
Accords, and trust from the Bosnian population — that might be able to mitigate 
the conflict.

“With sufficient Western attention, the political stalemate in Bosnia could be 
managed to avoid a full-blown crisis,” the former senior U.S. official says. 
“It’s a discrete issue that is not necessarily solvable, but it is manageable.”

Mujanovic points out that the sanctioning of Dodik in January 2017 in the last 
days of President Barack Obama’s administration, which was otherwise largely 
absent from the Balkans, “made a huge, huge difference.”

“The price point for stabilizing this country — recommitting to [a] substantive 
project of democratization, reform — that price point is actually still 
remarkably low,” he says. But “that price point is evaporating very quickly.”

Yet it’s unlikely that the United States under President Donald Trump, which is 
focused on hot spots such as North Korea and Iran, is going to get more 
involved in Bosnia or the Balkans anytime soon.

Bieber acknowledges that the United States has leverage and credibility in the 
country but says it has been a weak actor in the region. Obama was largely 
absent, and with the Trump administration, “even that kind of support is 
unclear.”

Nor will there necessarily be senior State Department staffers in place to 
support Bosnia in potentially pivotal 2018 elections. Hoyt Yee, the widely 
renowned deputy assistant secretary for European and Eurasian affairs, who was 
responsible for Central and South Central Europe, recently left that position. 

That leaves Bosnia where it has been: in a state of political paralysis, as the 
country’s political problems both continue and worsen, and without the 
attention of much of the Western world.

The Balkans, the former senior U.S. official says, “fell off the map during the 
Obama administration, and it’s still off the map.” 

FP’s Dan De Luce contributed to this report.

 
<https://foreignpolicy.com/2018/03/21/bosnia-is-teetering-on-the-precipice-of-a-political-crisis-balkans-election-law-dodik/>
 
https://foreignpolicy.com/2018/03/21/bosnia-is-teetering-on-the-precipice-of-a-political-crisis-balkans-election-law-dodik/

 

 

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