FINAL REPORT - Bosnia and Herzegovina 2022

FINAL REPORT

Bosnia and Herzegovina

Agora Election Observation is an independent European NGO which provides a youth perspective on elections in Europe. This is done by deploying young people on election observation missions to gain experience in election monitoring and to specifically assess youth engagement in the electoral process as voters, candidates and civil society members

Agora Election Observation Mission to Bosnia and Herzegovina deployed 20 observers of 11 nationalities to observe the 2 October 2022 general election The observers arrived in Bosnia and Herzegovina on 28 September and departed on 4 October. Prior to their arrival and in line with Agora election observation methodology, the observers completed an e-learning course for election observers and undertook research on the election process Upon deployment, the Election Observation Mission met with various stakeholders, including election administration authorities, civil society representatives and other international observers For Election Day, observers were sent to Sarajevo, East Sarajevo, Mostar, Zenica, Tuzla, Novi Travnik, and Gornji Vakuf.

Mission Coordinators

The Agora Election Observation team would like to use the opportunity to thank election administration authorities, political party and civil society representatives of Bosnia and Herzegovina, as well as other international observers, local coordinators and interpreters, who contributed to the successful completion of this mission We are particularly grateful to the World Travelers Community for providing free meeting space

Agora Election Observation Mission to Bosnia and Herzegovina is independent in its findings and conclusions.

The 2022 General Elections in Bosnia and Herzegovina included the election of the threemember state Presidency, as well as national, entity, and cantonal governments

In order to run as a candidate in the elections, one must be registered in the Central Voters Register of BiH This requires that the individual is at least 18 years of age, be subjected to no sentence or requirements from a domestic court, the International Criminal Tribunal on Former Yugoslavia, nor be serving a criminal sentence in another country. They must then register with the CEC.

Political participation among young people is generally low, with only 5% of young people being members of youth organisations, 6% being official members of political parties, and 1% forming part of youth representation bodies

Electoral administration bodies conducted detailed voter educational, motivational, and information campaigns, both through traditional and social media, including Facebook, Twitter, Instagram and YouTube, with the specific goal of higher voter turnout among young people in the country

Regarding the Press Freedom Bosnia and Herzegovina is ranked 67th out of 180 by Reporters Without Borders and Freedom House describes its media as legally unrestricted but limited in practice.

In total, the Central Election Commission accredited 3,586 citizen and international observers, while Municipal Election Commissions accredited about 50,000 observers from political parties/coalitions

International observers of Agora Election Observation covered five cantons including the cities of Sarajevo, East Sarajevo, Mostar, Zenica, Tuzla, Novi Travnik, and Gornji Vakuf. In total, 109 different polling stations were visited: the preparation and opening process was observed in 10 polling stations, 106 polling stations were visited throughout the voting process, and 11 were visited to observe the closing and counting procedure.

Bosnian authorities were well-prepared for hosting international observers and were perceived as cooperative e.g. providing information about accreditation procedures prior to election day.

Bosnia and Herzegovina is divided into several levels First, there is the country of Bosnia and Herzegovina (BiH), at the superordinate level. In addition, the country is divided into two entities, the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS), as well as the special administrative region of Brcko District [1].

The FBiH and the RS have their own executive and legislative branches, while the Brcko District is directly subordinate to the state BiH. The administrative structure of the country can be traced back to the Dayton Agreement of 1995, which ended the war in Bosnia and Herzegovina. According to this agreement, there are three groups in BiH who are to be considered as constituting the country: Bosniaks (muslim), Croats (catholic) and Serbs (orthodox). Citizens who do not fall into one of these three categories are considered “Others” The Dayton Agreement also provides for the international body of the High Representative for Bosnia and Herzegovina, who oversees the implementation of the peace agreement and is given broad legislative and executive powers in the event of possible violations of the Dayton Agreement [2]

In BiH the political structure is i.a. made up of a presidency that rotates between the three presidents that represent the three constituent groups and BiH's parliamentary assembly The latest consists of two chambers: the House of Representatives (42 members, 1/3 from Republika Srpska and 2/3 from FBiH) and the House of Peoples (15 members, 5 of whom are Bosniaks, 5 Croats and 5 Serbs) [3].

The FBiH is a decentralised, autonomous republic, which in turn is divided into ten cantons. FBiH has a bicameral parliament consisting of the House of Representatives (98 members, four seats reserved for all three constituent people) and the House of Peoples (58 members - 17 Bosniaks, 17 Croats, 17 Serbs, 7 others) The parliament then elects a president of one ethnic group and two deputies of the other two ethnic groups. In their function, the deputies have the right to veto the decisions of the president The cantons of the FBiH also have their own executive, legislative and judicial branches [4]

G R A P H I C S

The RS, on the other hand, is a centrally organised entity. The RS has a unicameral parliament with 83 members, and each constituent peoples is guaranteed at least four seats in parliament. In addition, the president of the RS and two deputies with ceremonial powers are directly elected Both the president and the two deputies are members of one of the constituent peoples [5]

The inhabitants of the Brcko district may decide whether they want to vote in the elections of the FBiH or RS. In addition, there is a parliament at the local level, consisting of 31 members, for which the inhabitants of the Brcko district may vote [6]

The 2022 General Election includes six different elections at three different levels:

Election of the presidency at the state level

Election of the House of Representatives at the state level

Election of the House of Representatives of the Federation of Bosnia and Herzegovina

Election of ten cantonal assemblies in FBiH

Election of the President of Republika Srpska

Election of the National Assembly of the Republika Srpska

All mandates are given for four years.

For the presidential election of the state of Bosnia and Herzegovina, one president from each of the three constituent peoples of Bosniaks, Croats and Serbs is elected by a simple majority. Voters in FBiH may choose between Croat or Bosniak candidates, while voters from RS may choose a Serb candidate [7]. In addition, proportional representation with compensatory mandates applies to the election of the House of Representatives BiH, the House of Representatives FBiH and the National Assembly of RS In addition, there is usually a 40 % quota of women on the electoral list [8]. The presidency of RS is elected directly, while the president of FBiH is determined indirectly by parliament.

[1] Banovic, D et al (2021) The Political System of Bosnia and Herzegovina Cham Switzerland: Springer Nature Switzerland p 49

[2] Banovic et al 2021: 52

[3] Banovic et al 2021: 52

[4]Banovic et al 2021: 57

[5] Banovic et al 2021: 50

[6] Banovic et al 2021: 59 ff

[7] ODIHR (2022) Interim Report, p 5 https://www osce org/odihr/elections/bih/521536

8] Banovic et al 2021: 50

All citizens 18 years of age and older are eligible to vote, except for those who have been convicted of serious (war) crimes or who are considered incapacitated due to mental or psychological illness Voting registration is passive The requirements for passive suffrage are basically identical to the requirements for active suffrage, except for presidential elections, as these are linked to ethnicity and place of residence [9].

The last amendment to the electoral law was made by the High Representative on July 27, 2022, which, among other things, introduced a definition of hate speech or prohibited the misuse of administrative resources [10] Another amendment to the electoral law by the High Representative, which provided for a higher barring clause at the local level, was not implemented after strong national and international criticism.

V O T E R R E G I S T R A T I O N

Citizens residing in the country do not have to take any action to register as voters [11]. Voter registration is thus passive, with the exception of voters outside BiH who are obliged to register for each election in order to vote abroad [12] For the 2022 elections, 3,368,66 are registered as voters inside the country, 669,966 outside BiH [13] [14] For them, voting is possible at polling stations in embassies/consulates or by absentee ballot [15].

Anyone who is serving a sentence under a criminal court, the International Tribunal for Former Yugoslavia, or has failed to comply with its proceedings, is not permitted to vote In such cases, the individual is also not permitted to run as a candidate in the elections

G R A P H I C S

There are also ‘special rights to vote’: For those who have been displaced or have refugee status, they retain a right to vote in the municipality where their permanent residence was registered and recorded in the last census in BiH, unless changed within 6 months of election day

Refugees from BiH must submit an application to vote for each election cycle to the Central Election Commission (CEC) [16].

[9] ODIHR 2022: 9

[10] ODIHR 2022: 1

[11]Election Law of Bosnia and Herzegovina Article 3 3 3 6 https://www izbori ba/Documents/documents/ZAKONI/BiH Election Law last consolidated version 2022 pdf

[12] Election Law of Bosnia and Herzegovina, Article 8 1

13] ODHIR (2022): 8

[14]Centralna izborna komisija BiH (2022) https://www izbori ba/Documents/Izbori 2022/Odluke/2508/Odluka o II izmjeni odluke o utvrdjivanju i objavi broja biraca hrv pdf

C A N D I D A T E R E G I S T R A T I O N

In order to run as a candidate in the elections, one must be registered in the Central Voters Register (CVR) of BiH This requires that the individual is at least 18 years of age, be subjected to no sentence or requirements from a domestic court, the International Criminal Tribunal on Former Yugoslavia, nor be serving a criminal sentence in another country [17]. They must then register with the CEC, representing only one electoral unit. in every list of candidates, the number of minority gender candidates must represent at least one third of all candidates [18]

To register as a candidate, one must certify their eligibility with the CEC of BiH To be eligible, two requirements must be met. The first concerns the municipality in which the candidate is standing for office that must be the same as registered in the CVR In case the candidate is standing for office at the higher levels of authority the municipality must be found within the boundaries of the constituency The second requirement regards, the candidate that may run for office in no more than one constituency at any level of authority, and appear on solely one political party, coalition, or list of independent candidates [19]

As part of the Dayton Accord signed in 1995, three ‘constituent peoples’ (Bosniaks, Serbs and Croats) were designated seats in the House of Peoples and given the chance to run as a candidate for the presidency. Individuals who do not declare their affiliation to one of the three constituent groups are precluded from running for the presidency [20] This fact, alongside their exclusion from representation among the House of Peoples, can be seen as discrimination against any citizen not belonging to the main three groups, thus violating the right to equal treatment [21]. This has not had a strong effect on voter turnout in the elections, but has seen an increase in the number of spoiled ballots [22]

[[15] Centralna izborna komisija BiH (2022) Rulebook on use and preparation of excerpts from the Central Voters’ Register p 13 : https://www izbori ba/Documents/Izbori 2022/Rulebook on conduc t of elections 2022 pdf

[16] Election Law of Bosnia and Herzegovina, Article 20 8

[17] Election Law of Bosnia and Herzegovina, Article 1 6, 1 7

[18] Election Law of Bosnia and Herzegovina, Article 4 19

[19] Election Law of Bosnia and Herzegovina, Article 4 1, 4 2

20] Lucy Claridge (2010) Discrimination and political participation in Bosnia and Herzegowina Minority Rights Group International Available at: https://minorityrights org/wp-content/uploads/old-sitedownloads/download-787-Briefing-Paper-Discrimination-andpolitical-participation-in-Bosnia-and-Herzegovina pdf

21] Ibid

[22] Bostjan Rogelj and Nedžad Sijamhodžić (2020) The Impact of Electoral laws on the Electoral Participation in Bosnia and Herzegowina

The 2015 BiH Youth Study reports that the BiH’s youth has a “very poor identification with the existing political system, institutions and patterns of political activity” There is “marginalization of the needs of young people in public policies”, as well as the lack of perception among the youth that they can change the situation with their own action [23]. Moreover, the combination of democratic transition, isolated political elites and lagging economic development result in a distinctive pattern of political behaviour among the youth characterised by abstinence from politics as a form of protest and revolt against a political elite, which are perceived as not prioritising issues of importance to young people in the country [24].

Furthermore, the 2015 BiH Youth Study found high levels of distrust towards political institutions among the youth and reports also that young people generally did not participate in protests or other subject-oriented action, whether formally or informally [25]. In addition, young people mostly considered themselves uninformed on political issues. Political participation is generally low, with only 5% of young people being members of youth organisations, 6% being official members of political parties, and 1% forming part of youth representation bodies [26]

Besides a wide-spread fatigue of the youth when it comes to BiH politics, there is strong evidence that there is fertile ground among young people for populist parties and illiberal democracy to develop in the near future in BiH While youth think that democracy is a good form of government and over 90% support the right to vote, over a third would prefer authoritarian rule under certain circumstances [27].

R A P H I C S

Nonetheless, youth turnout in the 2018 General Elections was equal to the turnout of the general population in the last general elections 2018, no significant deviances have been reported [28] (overall turnout in 2018 was about 54%)

In the BiH House of Peoples, there are no members under the age of 30 [29], with the youngest member being 44 years old. The average age of the members of the House of Peoples is 59,8 [30]. In the House of Representatives, the youngest member is 31 years old, with the average age of members being 54 26 years old [31] Thus, there is only limited representation of young people in the House of Representatives and House of Peoples However, there is a severe lack of data on youth participation and therefore, a complete assessment of all aspects of the electoral process cannot be made

On election day, in the polling stations observed by Agora Election Observation, young people were well represented in the roll-out of the General Elections. Agora Election Observation assessed that in 106 polling stations visited, 45% of the polling station committee were 30 years old or younger and that in 47% of the cases the president of the polling station committee was 35 years old or younger

The lack of a meaningful representation of young people in politics and their disenchantment should be addressed by the relevant authorities to a full participation of young people in the political and civic life of the country This also entails systematically collecting, publishing and evaluating data on the participation of young people in elections and politics Accordingly, measures must be derived from these findings in order to strengthen youth participation.

[23] Jusuf Žiga et al (2015) Youth Study Bosnia and Herzegovina

2015 Friedrich-Ebert Stiftung

https://www researchgate net/publication/279748926 Youth Stud

y Bosnia and Herzegovina [24] Ibid 25] Ibid

[26] Academy for Women & Njemacka Saradnja Youth in the Statutes of Political Subjects in Bosnia and Herzegovina: Study, 2020 https://afw ba/wpcontent/uploads/2020/07/youth in the statutes of po litical subjects in bosnia and herzegovina pdf

[27] Turčilo, J et al (2019) Youth Study Bosnia and Herzegovina 2018/2019 Friedrich-Ebert-Stiftung https://library fes de/pdf-files/id-moe/15262 pdf [28] Institut za razvoj mladih KULT 2018 https://www mladi org/en/resources/knowledgetreasure/news/8120youth-are-not-passive-youth-voter-turnout-close-to-european-average [29] BiH Central Election Commission (2018) Election Indicators 2018 https://www izbori ba/Documents/2019/11/Election indicator 2018 p df

[30] Inter Parliamentary Union, 2022 https://data ipu org/node/22/data-on-youth?chamber id=13347

[31]Inter Parliamentary Union 2022 https://data ipu org/node/22/data-on-youth?chamber id=13346

M E D I A

Bosnia and Herzegovina is ranked 67th out of 180 by Reporters Without Borders [32] and Freedom House describes its media as legally unrestricted but limited in practice [33] Although there is no legal censorship, journalists frequently selfcensor because of threats and attacks, including by politicians [34]

The press and media is generally highly fragmented (around 40 TV channels, 150 radio stations, many print and digital newspapers, magazines etc ) [35] In addition, media from Croatia and Serbia are also popular among Bosnian Croats and Serbs, usually favouring the respective nationalist parties (HDZ and SNSD)

Furthermore, there is low transparency in Bosnia and Herzegovina on ownership, which makes it difficult to identify in whose interest a media company is reporting [36].

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The Election Law of BiH, in its article 17.1, states that "representatives of international observers, associations of citizens, political parties, coalitions, lists of independent candidates and independent candidates (hereinafter referred to as the "candidates") shall be entitled to participate in the elections” [37] Although some IT issues were reported [38], Agora Election Observation welcomes that the observer registration procedure was facilitated through an accessible online application.

In total, the Central Election Commission accredited 3,586 citizen and international observers, while Municipal Election Commissions accredited about 50,000 observers frompolitical parties/coalitions [39] Among observers from civil society, the presence of the civil coalition “Pod Lupom’’ members was noteworthy, having deployed around 2,200 short-term observers on election day [40]

[32] Reporters Without Borders (2022) Bosnia-Herzegovina https://rsf org/en/country/bosnia-herzegovina

[33]Freedom House (2022) Freedom in the World 2022: Bosnia and Herzegovina https://freedomhouse org/country/bosnia-and-herzegovina/freedomworld/2022

[34] Banović D and Gavrić S (2010) Medien in Bosnien und Herzegowina - Motor oder Blockade der Demokratisierung? OSTWEST Europäische Perspektiven https://www owep de/artikel/782medien-in-bosnien-und-herzegowina-motor-oder-blockadedemokratisierung [35] Ibid

[36] Rush, L et al (2021) Media Freedom in Bosnia and Herzegovina Konrad Adenauer Stiftung https://www kas de/en/web/balkanmedia/media-freedom1

Agora Election Observation observers noted a varying degree of interference by political party observers, especially in the counting phase Although most of the acts were based on assisting, or even performing the functions of the electoral commissions, Agora Election Observation stresses the importance of abiding by the CEC's rules of conduct, in which observers are obliged “not to interfere in the electoral process, which includes the procedure on the election day and vote counting [41] In this regard, the electoral authorities should remind political party observers of their rights and duties with greater stress.

Agora Election Observation observers welcomed the openness of the CEC to receive them and to organize an instructive seminar at the Parliamentary Assembly of BiH, at which instructional material like the CEC’s Handbook for Election Observers was distributed. Such practices are positive and help clarify the process for all parties involved.

In the course of a highly observed election day, Agora Election Observation observers encountered other international observers from organisations such as the Council of Europe, ODIHR and Silba. Domestic observers from Pod Lupom were encountered as well.

E L E C T I O N D A Y

On election day, Agora observers visited a total of 109 polling stations and followed opening, voting, closing and counting procedures. The overall environment on election day was assessed as calm and free of tension No significant unrest was observed in or around the polling stations visited

In the polling stations visited, young people and women were very well represented: 45% of the polling station committee were 30 years old or younger and in 47% of the cases the president was 35 years old or younger. In addition, approximately 53% of the polling station members and half of the presidents in the polling stations visited by Agora observers were female

[37] Election Law of Bosnia and Herzegovina, Article 17 1 [38] ODIHR (2022) Statement of Preliminary Findings and Conclusions, p 17 https://www osce org/files/f/documents/9/8/527523 pdf#page=17 [39] Loc cit [40] ODIHR (2022) Statement of Preliminary Findings and Conclusions p 18 [41] Centralna izborna komisija BiH (2022) Handbook for Election Observers General Elections 2022, p 22 Available at: https://www izbori ba/Documents/Izbori 2022/prirucnici/Handbook f or Election Observers General Elections 2022 pdf#page?=22

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I Z E N A N D I N T E R N A T I O N A L O B S E R V E R S

Election day procedures were conducted in a transparent and organized manner. Opening, voting and counting processes were visible and open to Agora observers at all stages, with only one exception. Almost all polling stations observed opened and closed on time Election materials were always present, and the layout and equipment of the polling stations were considered suitable in 93% of the cases However, ballot boxes were sometimes not properly sealed (10%) and the new positioning of the voting booths did not always guarantee the secrecy of the vote. Additionally, group and family voting was also observed in 14% of cases, which could not be justified as assisted voting

There were no signs of campaign activities and/or materials present in the vicinity of the polling stations, yet on some occasions party advertising was recorded in the surroundings of the polling station. In East Sarajevo, observers noted religious symbols inside several polling stations Access to polling stations proved to be particularly difficult for people with disabilities, with 56% of polling stations visited reported as not barrier-free

Voters seemed to be mostly well-informed about the electoral procedures Polling staff members generally demonstrated a good understanding of election procedures. In cases of uncertainties, the polling station staff usually provided adequate support. On some occasions, the ballot papers were pre-stamped and pre-signed, and/or placed unfolded into the ballot boxes Agora observers also were not always asked to show their accreditation or identification documents, nor were they always registered in the poll book In addition, observers reported a weaker understanding of polling staff members in regard to counting procedures, having, for example, difficulties filling in the protocols in 80% of reported cases

Political party observers were encountered in virtually all polling stations While they interfered only in isolated cases during the voting process, in the counting process more than half of the times they actively participated in the vote count

R E C O M M E N D A T I O N S

Based on its analysis and observations, Agora Election Observation suggests the following recommendations to the electoral stakeholders of Bosnia and Herzegovina:

Voter education campaigns should allocate more attention to youth and first-time voters in particular. Young people should be encouraged to be part of the electoral process, especially as voters;

Political parties are recommended to adopt internal policies that will increase the involvement and inclusion of young people in their structures and decision-making processes, allowing for a full and effective participation of youth in party activities;

In order to increase transparency, the affiliation of observers nominated by political parties/coalitions should be made more visible.;

Political parties/coalitions are recommended to elaborate codes of conducts and training for party observers;

In order to make the counting process smoother, it is recommended to give additional training to the polling staff members and implement additional measures such as assessing the validity of votes before starting the counting not to interrupt the counting process once it starts;

Public information about the elections should be made available electronically in a more systematic and timely manner by the state institutions (e.g. polling station addresses);

CEC is recommended to collect age-disaggregated data of voters, candidates and polling station staff. This would facilitate the analysis of data and the possibility to implement targeted measures to increase youth participation in the electoral process;

The accessibility of polling stations for people with disabilities should be further improved.

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E C T I O N R E S U L T S - P A R L I A M E N T A R Y A S S E M B L Y O F B O S N I A A N D H E R Z E G O V I N A F O R T H E F E D E R A T I O N O F B O S N I A A N D H E R Z E G O V I N A [ 4 2 ]

Central Election Commision of Bosnia and Herzegovina

E L E C T I O N R E S U L T S - P A R L I A M E N T A R Y A S S E M B L Y O F B O S N I A A N D H E R Z E G O V I N A F O R T H E R E P U B L I C O F S R P S K A [ 4 3 ]

L I S T O F C O N T R I B U T O R S

Core Team

President, Noemi Arcidiacono, Italy

Vice President, Andreas Martin Speiser, Poland/Switzerland

Missions and Methodology, Víctor Gratacós Chacón, Spain

Missions and Methodology, Patricio Borvaran, Chile

Advisory Board and Training, Rocco Giovanni Dibiase, Italy

Coordinator of Logistics, Monja Rinderle, Germany

Coordinator of Outreach, Ellena Knorr, Germany

Coordinator of Research, Joanna Kaufhold, Germany/Poland

Observers

Alica Bökelmann, Germany

Berta López Doménech, Spain

Cornelia Bohl, Germany

Elia Brusco, Italy

Elin Ovesson, Sweden

Gabriella Lie, Norway

Hanna Reichelt, Germany

Hanna Röckner, Sweden

Harry Busz, United Kingdom

Imke Steinmann, Germany

Liam Missios, Greece/USA

Maja Mihajlović, Serbia

Marco Romeo, Italy

Marianne Hrdlicka, Austria

Moritz Hoene, Germany

Pablo Kibbel Calero, Spain/Germany

Sylwester Oracz, Poland

Tanissa Conradi, Germany

Thomas Breese, United Kingdom

Thomas Meekel, Netherlands

Local Coordinators

Lejla Huric Maja Bajramović

Focal Point for Harassment and Mobbing Maria Bayer

Interpreters and Assistants

Ahira Mešić

Alina Ljubuncic

Arman Mulić

Dženeta Džananović

Layla Mulić

Maid Horić

Mario Čule

Mateo Marjanović

Rijad Čalkić