Non-discriminatory rules and ethnic representation: the election of the Bosnian State Presidency

Abstract

The electoral system for the state presidency of Bosnia and Herzegovina guarantees the representation of the three constituent people, Bosniaks, Serbs and Croats, but it violates the political rights of other ethnic minorities and of citizens who do not identify themselves with any ethnic group. Following the 2009 judgment of the European Court of Human Rights, Bosnia was urged to reform its electoral law. This paper discusses alternative practices of ethnically based political representation and their possible application in the Bosnian state presidency elections. Several innovative electoral models that satisfy fair political and legal criteria for desirable electoral dynamics in divided societies can be envisaged in the Bosnian context. Specifically, these are: the introduction of a single countrywide electoral district, the adoption of the single non-transferable vote, and the application of a geometrical mean rule. They guarantee the representation of the three constituent people, while strengthening inter-ethnic voting and giving chances to non-nationalist candidates to be elected.