Over the last two weeks, the Congress of Bosniaks of North America participated in meetings with senior U.S. Government officials and legislators, including the Department of State, National Security Council and members of the House Committee on Foreign Affairs and the Senate Foreign Relations Committee. During these meetings, we conveyed our serious concerns regarding H.R. Schmidt’s ongoing role in contributing to Bosnia and Herzegovina’s democratic backsliding. The following letter has been drafted to summarize the concerns of the Bosniak-American community as a follow-up to our meetings:
The Congress of Bosniaks of North America expresses its grave concern regarding recent actions and statements of Mr. Christian Schmidt, the High Representative in Bosnia and Herzegovina (Bosnia). This is in addition to past concerns we have raised with respect to actions that we believe undermine the principles of democracy, rule of law, and equality in Bosnia. It is with both a sense of urgency and responsibility that we request that the international community, and in particular the United States, inquire and hold HR Schmidt accountable for his actions. These actions include the following:
1. The Imposition of the Election Law in 2022
In October 2022, just hours after the polls closed in the general elections, HR Schmidt imposed sweeping changes to Bosnia’s election law. This decision, made unilaterally and without due process, fundamentally altered the political landscape in Bosnia on the eve of elections. By privileging certain political groups, HR Schmidt’s decision not only further disenfranchised voters but also deepened ethnic divides that have long plagued the country. Such actions are antithetical to fundamental democratic processes, and send a dangerous message that unelected officials can contribute to democratic backsliding in the country. This disregard for democratic norms cannot be tolerated by a community that claims to support Bosnia’s Euro-Atlantic integration.
2. Suspension of the Constitution
Following the deeply flawed decision to impose backward election law changes on the eve of elections, HR Schmidt suspended key elements of Bosnia’s constitution in order to facilitate the formation of government. This move set a dangerous precedent, where the rule of law could be bent or discarded entirely to achieve a short-term political goal. Instead of fostering compromise and dialogue among Bosnia’s political actors, we believe that HR Schmidt’s actions have further entrenched political polarization and legitimized the idea that the constitution can be circumvented when it is inconvenient. This has not only eroded public trust in democratic institutions but has also emboldened nationalist forces that seek to dismantle the state from within.
3. The Latest Challenge to the Kovačević Decision and Threats to Bosnia’s Future
More recently, HR Schmidt submitted briefs to the European Court of Human Rights (ECHR) concerning its decision in the Kovačević v. Bosnia and Herzegovina case, currently in the appeals process. This case, aimed at promoting greater equality and fairness within Bosnia’s political system, has faced opposition from HR Schmidt. He argues that upholding the ruling could be divisive and exacerbate Bosnia’s fragile political environment. By doing this, HR Schmidt has once again aligned himself with those who thrive in Bosnia’s fragile political environment and who are seeking to preserve ethnic divisions, further destabilizing Bosnia. Ethnonationalist actors, who resist reforms to prevent majority rule, will continue to impose limits on Bosnia’s progress—something we believe HR Schmidt is well aware of.
The Need for Leadership That Honors Bosnia’s Future
Bosnia faces many challenges, and its future as a sovereign, multi-ethnic state is at stake. Now, more than ever, it is critical that the Office of the High Representative (and those who serve in such office) are held accountable for actions that undermine the principles of democracy, rule of law, and equality in Bosnia. As such, we reiterate our request that the international community, and in particular the United States, inquire and hold HR Schmidt accountable for the actions noted above.