Less than two months since the controversial map of the division of Bosnia and Herzegovina was presented at a Zagreb conference that brought together conservative theorists and activists, similar initiatives are emerging again in Croatia.
The Homeland Movement, the coalition partner of the Croatian Democratic Union in the Government of the Republic of Croatia, expects the Croatian Parliament to launch an initiative for the establishment of a Croatian electoral unit in the Federation of BiH.
In that party, the radical right claims that the goal is to ensure "legitimate political representation of Croats" in BiH and, as they state, prevent other peoples from deciding on the member of the BiH Presidency from among the Croat people.
This party advocates the establishment of a separate Croat electoral unit, and if no agreement is reached on this, consideration should be given to reviving Herceg-Bosna, a political project terminated by the 1994 Washington Agreement.
Interlocutors of Radio Free Europe (RSE) warn that these are unrealistic proposals that are contrary to the Constitution of BiH and represent interference in the internal affairs of BiH.
Political analyst Davor Gjenero told RFE/RL that these are political escapades and that it is clear that the stories about a third entity have no basis in reality.
"It comes from irresponsible people who do not think about the consequences it has on the political life and position of Croats in BiH. The third entity, or what is called Herceg Bosna, ended in March 1994 when the Washington Agreement was signed and a federation between Bosniaks and Croats was agreed upon," said Gjenero.
The position is that the Homeland Movement's initiative "does not concern BiH but internal relations in Croatia."
"That minority partner in the government has lost political influence. This is an attempt to somehow bring it back or to destabilize the coalition. There is no possibility that they will cause any significant political pressure with this move. HDZ does not support the concept of a third entity, at least not this mainstream party," he said.
What do they say in the Croatian Government?
Croatian Prime Minister Andrej Plenković did not explicitly distance himself from the initiative of his coalition partners in Sarajevo on June 8. However, he said that the idea represented "an effort for political visibility."
"The more innovative and media-attractive your ideas are, the more visible you are. However, we have not been on the topic of BiH since yesterday, and even less on the issue of the Election Law or partial amendments to the Constitution of BiH or a series of ideas that should lead to what is colloquially called, at least a virtual electoral unit in which the Croatian people would elect their member of the Presidency," he said.
Plenković stated that Croatia "is not keeping quiet about the problem that exists, because the situation in practice is not what was intended by the Dayton Agreement from 1995."
"The intention was that Serbs on the territory of Republika Srpska, Croats and Bosniaks on the territory of the Federation would elect their representatives and, as was gentlemanly, everyone would elect their own. It was not expected that this would change. Therefore, efforts for change are primarily part of what needs to be agreed upon within the country," he said.
All previous negotiations between BiH political leaders on amending electoral legislation have ended unsuccessfully.
The most controversial issues are the election of members of the Presidency of BiH and the election to the parliamentary houses of peoples, on which the positions of Croat and Bosniak parties have been opposed for years.
Parties with a Bosniak and civic identity in BiH have proposed that the national designations of members of the BiH Presidency be deleted from the BiH Constitution and the BiH Election Law.
Parties with a Croatian affiliation in the second entity, the Federation of BiH, are seeking a solution that would guarantee that one of the elected members of the BiH Presidency will be elected by a majority vote of exclusively Croats.
Condemnation of the initiative from Croatia
The Homeland Movement's initiative comes after TradFest was held in Zagreb at the end of April, at which the idea of a possible "third Croatian entity" in BiH was presented and its political and institutional framework was discussed.
Some of the participants at that gathering advocated the reorganization of BiH through new territorial or ethnic units, which was followed by criticism and assessments that such proposals encroached on the constitutional order of BiH.
Elmedin Konaković, BiH's Minister of Foreign Affairs and president of the People and Justice party, told RFE/RL that it is "difficult to draw the line between what is entertainment for the public and what are populist and radical ideas or the real intentions of the authorities in Croatia."
"We are encouraged by the initial comments that show that this is not Zagreb's official position. If it were, we would have a big problem and would consider it an attack on the sovereignty of BiH and our constitutional order, because such an option does not exist in BiH," Konaković said.
He added that threats will not help solve the problem, arguing that open issues should be addressed as a package.
"The issues on the table need to be resolved, including the issue of a member of the Presidency from the Croat people, but together with other open issues. How will those who do not belong to the constituent peoples run, and how will Croats and Bosniaks from the Republika Srpska and Serbs from the Federation of BiH run? This is the same topic and a solution must be sought that satisfies all parties," said Konaković.
He claims that BiH was close to an agreement during talks on amendments to the BiH Election Law and partially the BiH Constitution in early 2022 in Neum, with the mediation of the United States and the European Union.
Then, three days of talks on amendments to Bosnia's electoral law ended without a political agreement, despite international mediation.
"We were very close to an agreement in Neum and negotiations should continue on the same principles, i.e. by resolving all issues as a package. We are in the mood for a package solution, especially when it comes to implementing the rulings of international courts. It is time and we should not avoid responsibility and the claim that a two-thirds majority is needed is no alibi," said Konaković.
What does HDZ BiH stand for?
For years, representatives of the HDZ BiH and some political actors from Croatia have been demanding changes to the BiH Election Law, citing the principle of so-called legitimate representation, according to which it should not be possible to elect a Croat member of the BiH Presidency without the dominant support of voters of Croatian ethnicity.
They link this request to the election of Željko Komšić, a member of the BiH Presidency from the Croat community, who they claim was elected predominantly by votes from areas with a Bosniak majority.
One of the earlier proposals by the HDZ BiH envisaged separate electoral districts in the Federation of BiH and a model that would ensure that a candidate for a Croat member of the Presidency must have support in cantons with a majority or significant Croat population.
When asked by journalists in Sarajevo to comment on the initiative of the Homeland Movement from Croatia, the Chairwoman of the Council of Ministers of BiH Borjana Krišto (HDZ) BiH said that "Croatia has an obligation and responsibility to care for the position and standing of the Croatian people within BiH."
"The Presidency of BiH and the Houses of Peoples are institutions in which collective rights are protected. There is a clear position that there is injustice towards the Croatian people. However, there is still no political will to resolve this issue through institutions," said Krišto.
Discrimination against citizens
Speaking about the latest initiatives in Croatia, Zlatan Begić, an opposition member of the House of Representatives of the BiH Parliament, assesses that they come from ill-intentioned people who "come up with war projects that have been ruled in international courts."
"I feel like they are creating some kind of story for themselves that will politically live and survive all those who are on the trail of such concepts that imply divisions, ethnically pure environments, and multiple inequality of votes," he said.
He also warned that seven judgments of the European Court of Human Rights confirmed discrimination against citizens in BiH who do not belong to one of the three constituent peoples, given that the Constitution and Election Law of BiH do not provide them with equal rights to run for office.
"The concept we have now already represents a violation of human rights and democracy. Through this Dayton concept, citizens who belong to the ranks of the Others are discriminated against. Instead of trying to eliminate this, we are reviving a concept that brings additional confusion and unrest to BiH," he said.
According to the Constitution of BiH, three members are elected to the Presidency of BiH, namely a Bosniak and a Croat from the Federation of BiH and a Serb from the Republika Srpska.
Such a solution in practice prevents citizens who do not declare themselves as members of the constituent peoples, such as Jews, Roma and others, from being candidates for the Presidency of BiH.
Similar restrictions exist in the House of Peoples of the BiH Parliament, where five Bosniaks, Croats and Serbs sit in each of the three caucuses.
Due to this constitutional-electoral framework, the European Court of Human Rights has issued several judgments against BiH, establishing discrimination in the political system. Although the implementation of these judgments requires constitutional and legal reform in the BiH Parliament, with a two-thirds majority, they have not been fully implemented to date.
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