In an interview for "Dnevni avaz", the Head of the EU Delegation to B&H, Johann Sattler, spoke about the changes to the B&H Election Law, and sent a message to B&H politicians, but also warned that the European Union also has a "carrot and stick" policy.

Ethnicity

Do you believe that the citizens will go to the polls in 2022 according to the new election law? Is there a model of a new election law that is preferred by the EU and is it true that you have offered politicians in B&H a "draft" of a new European election law in B&H? 

- When we talk about the reform of the election legislation, I want to emphasize that a lot can be done this year, in terms of real steps on the European path. What is important in the electoral reform is what the citizens want, and that is to eliminate discrimination in the electoral system. This is what the judgments of the European Court of Human Rights speak about. All citizens must have the possibility of active and passive suffrage. So that you are not discriminated against because of your ethnicity or residence.

The other thing is that we have to use this year to make a step forward in terms of election standards. We need to make every vote matter. A lot is at stake, and when we talk about electoral standards, they should be part of any package that will be adopted this year, because that ultimately boils down to trust in democracy. When citizens do not trust you, then you are faced with big problems.

- To summarize, this year is an opportunity because we have an Interdepartmental Working Group for Amendments to the Election Law, it is important that opposition parties are represented, but it is very important to include other partners, such as the Central Election Commission (CEC) and non-governmental sector. The international community has made itself available to support this process. Ultimately, the decision is made by the legislators in this country and I urge them to make the decision in a spirit of compromise. Everyone will have to contribute to this process. There is no draft election law proposed by the EU. There are no pre-written solutions.

Everything is in the hands of the legislature. CEC B&H went public with its proposals for changes to the Election Law and there are many quality solutions in them. Discussions should take place within the Interdepartmental Working Group. I look more at opportunities and possibilities and they are there. We have time to act by the end of this year. For us, the right step in this process would be to resolve some of the constitutional issues, not just some cosmetic changes to the Election Law. B&H has been given the opportunity to show that it meets expectations. B&H politicians have applied for EU membership, and it implies their work. Unfortunately, we haven’t seen enough in the last two years, but the opportunity is there.

We have heard statements by some EU officials that the countries of the Western Balkans must, even perhaps without preconditions, be admitted to membership. In your opinion, would that be a good option for B&H?

- You rightly mentioned that in the past two years we have not seen significant progress on the European path. Unfortunately, there have been more setbacks than progress. We have not seen any results in the past ten months, and this is in contradiction with what the members of the Presidency of B&H promised to European officials. They pledged to work on 14 priorities set by the European Commission.

In that way, the readiness for progress would be shown. I am disappointed with the lack of progress. The question is on the basis of which EU member states would make a decision and give a positive answer for B&H or any other country in the region.

High Representative

Why is the EU not naming the culprits for the stalemate we are talking about?

- We have clearly said that it is not acceptable that we do not have a new FB&H Government two and a half years after the elections. Elections become absurd if we do not implement the results. We have made it very clear that it is now up to the legislators to harmonize and adopt the three laws. Thus, the Law on Public Procurement, amendments to the Law on the HJPC and the Law on Prevention of Conflicts of Interest. It’s something we’ve been talking about for years. We said it in the clearest possible way.

There are discussions in the EU about which instruments will be used. We have different instruments, there is also the "carrot and stick" policy. There is also that instrument of the stick, the sanctions regime that has been in force for ten years and is extended every year. We also have, since last year, sanctions for human rights violations that target individuals. So far nothing like this has been used, but that doesn’t mean it won’t be in the future. I welcome the move by the United States to modernize the sanctions system and thus step up the fight against organized crime and corruption, which is a step in the right direction.

How do you comment on the election of a new High Representative in B&H? Can B&H become an EU member with the OHR? Are you in favor of abolishing the OHR and under what conditions? Is it still acceptable for you to use the institute of Bonn powers?

- First of all, greater engagement of Germany in B&H is a good sign. Secondly, Christian Schmidt is a very experienced politician, he is well acquainted with the situation in B&H and the region, and that is a good combination. From my side he will have an outstretched hand and there is an offer for cooperation. Last year in Mostar we showed what we can achieve when we work together. B&H, on the other hand, cannot become an EU member as long as the Office of the High Representative (OHR) operates in B&H. EU membership is not compatible with such a strong international presence.

However, B&H is currently far from full membership in the Union, so closing the OHR is not an option at this time. We have also seen an increase in tensions in B&H, nationalist rhetoric has intensified, so it is not the time to experiment. The closure of the OHR is not an issue. I think there is a reason why the Bonn powers have not been used lately. This country has applied for EU membership and it needs to have its sovereignty in full. The new High Representative comes with a whole arsenal of responsibilities, and that, as a last resort, includes the Bonn powers.

If you had the opportunity to use the Bonn powers, which decision would you make first?

- I think you have to be very careful. I would say that the biggest obstacle for B&H is the lack of progress in the area of the rule of law. There are simply no real strides in the fight against corruption and organized crime. So maybe I would focus my efforts here, in that sector. We are cooperating with law enforcement agencies in B&H, we have cooperation with the HJPC, we hope that the new leadership will lead this institution in a better direction compared to what we have witnessed in recent years. It will be very difficult for B&H to make progress towards the EU without real strides in the area of the rule of law.

Government response

How do you comment on the answer B&H authorities to the coronavirus pandemic, especially taking into account the "Ventilators" affair, the slow procurement of vaccines in the FB&H, as well as the affair in the RS that marked last year?

- At the beginning of the pandemic, the authorities in B&H reacted well, but more than a year has passed. Some measures were introduced very quickly to slow down the spread of the virus, however, we did not see that in the later stages, even in the phase of vaccine procurement. In that regard, we wished for a faster response and a faster reaction. That is why the EU decided to help, and we continue to help. Not only did we provide medical and protective equipment, a month ago we also started delivering vaccines to B&H. Shipments of "Pfizer" vaccines arrive every week, all to ensure that we reach collective immunity or a figure of 60 percent of the vaccinated population of B&H.

As for allegations of corruption, of course we take them very seriously. Any such allegation should be investigated in its entirety. It is also a good reminder of how important it is to have modern European laws, and I mentioned the law on public procurement. It has been discussed for three years. If you had a more modern system, it would be very difficult to report any corrupt practices in the context of public procurement. I take this opportunity to appeal to legislators to pass this law.

You travel a lot in B&H, you meet with politicians, citizens, you answer many questions. Which question do you hate the most?

- There's no question I hate so much. But I get a little tired when politicians ask me when B&H will get candidate status for EU membership. The second is when citizens ask me that, then it is understandable. But when politicians do that, I find it hard to restrain myself, because they know very well what they need to do in order for B&H to get candidate status. We have been talking about this for years, 14 key priorities must be realized and that is it. I hope that politicians will understand this message, there is nothing in vain, the 27 EU member states will not give anyone a free ticket to enter.

I do not favor Čović and Dodik

How do you comment on the accusations of certain politicians in BiH that your actions and statements favor the ruling parties - SNSD, HDZ and SDA - or better said, Milorad Dodik and Dragan Čović?

- My answer is the question - where is the evidence for such accusations? There are no facts to substantiate such claims. My role is that of the EU Special Representative, and that means encouraging dialogue with all political actors. We also have regular meetings with the opposition. It makes no sense to focus on just three parties, because ultimately we are talking about constitutional changes, and that requires opposition.

I assure you that this is something that is far from the truth. For us, B&H and its citizens are partners. We work with the citizens and we want to have a more stable, prosperous and democratic B&H.

I will do my utmost to extend the EUFOR mission

There has been a lot of talk lately about the EUFOR mission in B&H. According to your information, will this mission be shut down or transformed?

- EUFOR plays a very important role in B&H. They contribute to a safe and stable environment in B&H, but also provide support to the Armed Forces and demining. They are a really valuable partner in this country. To extend the mandate of this mission, the EU Council should give the green light.

A strategic review is currently underway, after which the Council will decide on an extension. The next step is in the Security Council because the consent of that institution is needed. I am convinced that the EUFOR mission in B&H will be extended. For our part, we will do whatever it takes.