BOSNIA: CHALLENGE TO USE OF ENTITY VOTE

UNCLAS SECTION 01 OF 02 SARAJEVO 001428

SENSITIVE
SIPDIS

DEPARTMENT FOR EUR/SCE

E.O. 12958: N/A
TAGS: PREL PGOV PINR KDEM BK
SUBJECT: BOSNIA: CHALLENGE TO USE OF ENTITY VOTE

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Summary
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1. (SBU) On November 30, Party of Democratic Action
President Tihic submitted a motion to the BiH Constitutional
Court requesting review of the compliance of the BiH Election
Law with the BiH Constitution. Specifically, Tihic argued
that the principle of ethnic representation is not properly
implemented based on the 1991 census, allowing for the
legalization of ethnic cleansing. Bosniak and Croat parties
have expressed support for this initiative, while politicians
from the Republika Srpska (RS) have interpreted it as an
attempt to abolish entity voting. End summary.

Tihic Plans to Seek Constitutional Court Review
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2. (SBU) President Sulejman Tihic of the Party of Democratic
Action (SDA) on November 30 submitted a motion to the BiH
Constitutional Court (BiH CC) to assess whether the BiH
Election Law and the rules of procedure in the BiH House of
Representatives (HoR) are in line with the BiH Constitution.
Tihic argues that the principle of representation of the
three constituent peoples and other citizens according to the
1991 census is not adequately implemented in the current
structure of the HoR. He argues, for example, that in 1991
the percentage of residents of the RS who were ethnic
Bosniaks and Croats was far higher than is reflected in the
current state parliament, where only 2 of the 14
representatives in the RS caucus are non-Serbs. Likewise,
according to Tihic, Serbs are underrepresented in Federation
institutions. Tihic opined that the current Election Law and
HoR regulations thus "legalize the effects of ethnic
cleansing."

Bosniaks and Croats On Board
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3. (SBU) Although not optimistic about the prospects for
success of Tihic's initiative, other Bosniak and Croat
parties generally support it. Party for BiH (SBiH)
parliamentarian Remzija Kadric, although sympathetic to
Tihic's idea, stated that constitutional changes will be
necessary to resolve problems with entity voting. Croatian
Democratic Union (HDZ-BiH) parliamentarian Ivo Miro Jovic
agreed with Tihic that the entity vote has become an ethnic
vote, underlining that Serbs as well as Bosniaks can block
the implementation of any law. He also stressed, though,
that he would not support the complete abolition of the
entity vote, as "Bosniaks, who have a simple majority, would
put the other two peoples in an absurd position."

Serbs Fiercely Reject Perceived Challenge to Entity Vote
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4. (SBU) RS leaders from across the political spectrum
portrayed Tihic's move as a frontal assault on the entity
vote, and therefore on the RS, Serbs, BiH, and Dayton. RS
Prime Minister Dodik declared that "Tihic is attempting to
diminish the rights and autonomy of the RS by enabling the
outvoting of Serbs." Alliance of Independent Social
Democrats (SNSD) MP Milica Markovic commented that Tihic's
motion is a way of collecting "cheap political points."
Party of Democratic Progress (PDP) President Mladen Ivanic
said, "After several months with a constructive approach,
Tihic hit the most serious issue, entity voting. An attack
on entity voting means an attack on BiH. If his proposal
passes, that will mean Bosniak dominance, not only in BiH but
in the RS. And that would be a direct attack on the RS and
the Serb people." PDP state-level parliamentarian Branko
Dokic said that Tihic's demand confirms the "absurdity and
inconsistency of Bosniak policy." Democratic Party (DP)
state-level parliamentarian Slobodan Saraba acknowledged the
abuse of entity voting and argued that the abuse is SNSD's
fault, because it uses the entity vote too often, on
non-critical issues.

Comment
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5. (SBU) Tihic's frustration is understandable. However,
it's true that RS leaders will continue to interpret this
step as an attempt to undermine or even abolish entity
voting. As entity voting is a sacred concept to RS

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politicians, any perceived challenge to it will almost
certainly fuel their already escalating anti-state rhetoric.
Our contacts in the BiH Constitutional Court have told us
that they have not yet set a date for addressing Tihic's
motion.
ENGLISH