Bosnia’s Constitutional Crisis: The Citizens Still Excluded from High Office
Seventeen years after a landmark human rights ruling, Bosnia’s ethnic-based electoral system remains discriminatory.
1Electoral Landscape in Sarajevo
Sarajevo’s streets are currently saturated with election posters featuring candidates from various political parties. These general elections involve multiple government levels, including the state presidency and cantonal assemblies. Despite the visual diversity of the campaign, the political landscape remains deeply fragmented, with narratives still heavily rooted in the ethnic divisions of the 1990s.
2The Dayton Agreement Legacy
The 1995 Dayton Agreement ended the Bosnian war by establishing a state built around three constituent peoples: Bosniaks, Serbs, and Croats. While this framework successfully secured peace, it also entrenched ethnic divisions within the constitution. Today, high-level government seats are strictly reserved for these three groups, effectively barring others from holding top offices.
3Systemic Exclusion of Others
Bosnian citizens who identify as Romani, Jewish, or simply as non-aligned are classified as 'Others' under the constitution. While these individuals can vote, work in civil service, and pay taxes, they are legally prohibited from running for the presidency or the House of Peoples. This exclusion is a deliberate feature of the current political design.
4The Sejdic-Finci Legal Battle
In 2006, Dervo Sejdic and Jakob Finci challenged this discriminatory system at the European Court of Human Rights. The court ruled in their favor in 2009, declaring the exclusion of 'Others' a violation of human rights. Despite this clear legal victory, the Bosnian constitution remains unchanged seventeen years later, preventing Sejdic from ever becoming a candidate.
5Implementation Stagnation and Oversight
The Committee of Ministers of the Council of Europe continues to oversee the implementation of the Sejdic-Finci judgment. The committee has set June 2027 as the next deadline for reviewing progress. Failure to implement these reforms constitutes a clear violation of the European Convention on Human Rights, undermining the integrity of the entire democratic process.
6EU Accession and Constitutional Reform
Although Bosnia was granted EU candidate status in 2022 and opened accession negotiations in 2024, the constitutional barriers persist. The European Commission insists that ending discrimination is essential for EU integration. However, Brussels maintains that the responsibility for amending the constitution and ensuring institutional equality rests solely with the Bosnian government and its political leaders.
7The Reality of Being 'Other'
For many, being a citizen in Bosnia means belonging to a category that the constitution explicitly marginalizes. Beyond the Roma and Jewish communities, this group includes fifteen other ethnic minorities, such as Hungarians and Poles. These citizens exist in a state where they hold equal obligations to the country but rarely enjoy equal political rights.
8Generational Trauma and Activism
Artist and activist Almir highlights how historical hatred is recycled in contemporary media. He notes that while terminology has evolved, the underlying mechanism of scapegoating remains unchanged. For Almir, politicians rely on this manufactured hatred to function, creating an environment where Roma individuals are frequently targeted in public discourse regardless of their actual personal actions.
9The Power of Decision-Making
Nedzad Jusic, a city councillor in Tuzla, emphasizes that the real issue is not just symbolic representation but the ability to influence policy. Having served for twelve years, he understands that true power lies in the vote. He argues that Roma people must be present where decisions are made to ensure their specific needs are addressed.
10Police and Professional Barriers
Admir Bibinovic, one of the few Romani police officers in the country, reflects the broader struggle for equality. Despite his professional achievements and role as a father, he admits he has never felt truly equal in Bosnian society. His path to the police academy required overcoming significant systemic obstacles and a lack of institutional support.
11Symbolism Versus Tangible Progress
While some might view a Romani president as a powerful symbol for youth, activists like Jusic remain skeptical of mere tokenism. They argue that symbolic gestures do not fix the underlying structural inequality. Instead, they demand the practical power to make decisions that affect their communities, rather than just appearing on campaign posters for visibility.
12The Unfulfilled Promise of Equality
Bosnia stands at a crossroads where the peace of 1995 is increasingly challenged by the democratic requirements of the present. As long as the constitution prioritizes ethnic labels over individual citizenship, the country will struggle to integrate fully into Europe. True reform requires moving beyond the wartime divisions that still define the nation's highest political offices.