The Monitoring Committee strongly regrets, following the October
2010 elections in Bosnia and Herzegovina, the long delay in forming
the government: at State level it was formed only in February 2012,
more than 14 months after the elections.
The committee is also seriously concerned about the ongoing
political crisis following the break-up of the six-party coalition
at State level in May 2012. To date, the new coalition partners
have still not managed to reshuffle the Federation-level government.
As a result, the Federation is completely paralysed and not functioning.
It is also seriously concerned about a growing disrespect
for the rule of law. Republika Srpska high officials have repeatedly
attacked key State institutions. In the Federation, there have been
numerous cases in which political leaders and parties ignored, or
in some cases directly violated, requirements set out in constitutions and
laws. More worrying still is the growing trend simply not to implement
judgments of the State-level Constitutional Court.
According to the committee, in order to end the perpetual
cycle of deadlock and confrontation, the authorities of Bosnia and
Herzegovina and the key political stakeholders should shoulder their
responsibilities, stop obstructionism and work constructively at
the level of State institutions.
The authorities are once again urged to implement the 2009
judgment of the European Court of Human Rights in the case of Sejdic and Finci. The Assembly should
not tolerate yet another election in blatant violation of this judgment.
If it is not implemented in good time before the next elections
in October 2014, the committee recommends that the Assembly impose
sanctions against the delegation of Bosnia and Herzegovina, in accordance
with Rules 6 to 9 of the Rules of Procedure.
Furthermore, should no substantial progress be made on the
implementation of the Sejdić and Finci judgment and other outstanding
obligations and commitments before the October 2014 elections, the
Monitoring Committee recommends that the Assembly ask the Committee
of Ministers to consider suspending Bosnia and Herzegovina from
its right of representation, in conformity with Article 8 of the
Statute of the Council of Europe.