CONCERNING THE “NATIONALITY” OF A CLAIMANT BEFORE EUROPEAN COURT

ANNOUNCEMENT

CONCERNING THE “NATIONALITY” OF A CLAIMANT BEFORE EUROPEAN COURT

The Association of Independent Intellectuals “Circle 99” (“Krug 99”) is shocked by information that the current Minister of Justice Davor Bunoza has asked the Central Electoral Commission for data concerning the “nationality” of Dr. Slaven Kovacevic, a claimant before the European Court of Human Rights. Minister Bunoza is not exercising his authority in an appropriate manner, apparently believing that official acts have more import than laws. It is interesting that he is reaching into unconstitutional territory when he refers to “nationality,” seeming to use this as an argument against the claim of Dr. Kovacevic, who has sought support for his active electoral rights in the elections to the Presidency of Bosnia and Herzegovina and in the elections to the House of Peoples of the country.

The Bosnian Constitution recognizes constituent peoples, actually ethnic groups, but the Constitution does not recognize “nationality” as a legal or social term that could be used in our country’s legal proceedings. In the framework of international law, as a member state of the United Nations, Bosnia and Herzegovina is a state comprised of its citizens. Perhaps Minister Bunoza’s ethnic perspective is such that as Minister of Justice he believes that Bosnjaks should vote only for Bosnjaks, Croats only for Croats and Serbs only for Serbs. But this is totally out of line with the provisions of the European Convention on Human Rights. That kind of electoral process does not exist anywhere in Europe, nor anywhere in the European Union, nor for that matter in any member state of the Council of Europe, which is the institution that oversees the European Court of Human Rights.

From its perspective, “Circle 99” believes that the application of every law, including the law on the protection of personal data has greater weight than routine official acts. The Central Electoral Commission conducted itself entirely appropriately, while this action by the Minister cannot be viewed as anything other than political pressure on an apolitical independent institution, which is what the Central Electoral Commission in fact is. It is entirely clear that the law on protection of personal data protects the rights of individuals, bearers of personal data, but does not give institutions the power to access that data.

It should be evident to everyone, except perhaps the Minister of Justice, that ethnic affiliation cannot be linked with a person’s active electoral rights and that every citizen of this country regardless of ethnic identification should and must have equal active electoral rights in elections for the Presidency, for the House of Representatives and for the House of Peoples of Bosnia. This is how democracy and the rule of law are protected, as well as the human rights of individuals.

If Minister of Justice Bunoza believes that ethnic identification should be used in confirming the status of a voter exercising his active electoral rights, then this would be a classic expression of fascism, and this would likely completely close off Bosnia’s path to membership in the European Union.

From its perspective, “Circle 99” strongly supports the efforts of our member Dr. Slaven Kovacevic in his appeal and in the victory achieved before the European Court of Human Rights. We believe this is a significant step toward restoring democracy in Bosnia and Herzegovina, democracy which has been taken from us by ethno-nationalists and their acolytes. Only through real democracy can we move towards membership in the European Union, as well as the NATO alliance. Otherwise, we will remain trapped in race-based laws and in a medieval perception of societal organization.

We would especially like to remind Minister Bunoza and others like him that the law on protection of personal data envisions penalty clauses, such as 100,000 KM [Bosnian Convertible Marks] for an official person and 5,000 KM for a person acting in an official capacity. This means that any access, use or public iteration of the personal data of any citizen of this country without his or her express consent can be subject to these punitive provisions. We would also like to remind Minster Bunoza that the Central Electoral Commission is already considering a number of cases of violations of the law on the protection of personal data, so it cannot access or use the personal data of claimant Kovacevic without his express consent. All else would be subject to the punitive provisions of this law.

The international community itself has a tremendous responsibility in this regard. It should clearly declare whether democracy is allowed in this country, or forbidden. Or, whether the citizens of this country should know that they can expect nothing to come of their hopes for Euro-Atlantic integration.