Racial discrimination in the democratic system

Sejdić and Finci v Bosnia and Herzegovina (App. Nos. 27996/06 and 34836/06)

Documents from the 2023 briefing

• Powerpoint presentation by Chelsea Gonzalez, Minority Rights Group International

• NGO Communications

  1428th meeting (March 2022) (DH) - Rule 9.2 - Communication from an NGO (Minority Rights Group International) (13/01/2022) in the case of SEJDIC AND FINCI v. Bosnia and Herzegovina (Application No. 27996/06) [anglais uniquement] [DH-DD(2022)106]

• Other Organisations Communications

  1468th meeting (June 2023) (DH) - Rule 9.4 - Communication from the Council of Europe Commissioner for Human Rights (24/04/2023) in the case of SEJDIC AND FINCI v. Bosnia and Herzegovina (Application No. 27996/06) [anglais uniquement] [DH-DD(2023)552]

• CM Decisions

  1459th meeting (DH), March 2023 - H46-36 Sejdić and Finci group v. Bosnia and Herzegovina (Application No. 27996/06) [CM/Del/Dec(2023)1459/H46-36]

  1436th meeting (DH), June 2022 - H46-5 Sejdić and Finci group v. Bosnia and Herzegovina (Application No. 27996/06) [CM/Del/Dec(2022)1436/H46-5]

Documents from the 2016 briefing:

• Case briefing note (includes material on other cases)

• Judgment of the European Court of Human RightsDocuments from the 2023 briefing

• Powerpoint presentation by Chelsea Gonzalez, Minority Rights Group International

The case concerns constitutionally entrenched racial discrimination in relation to the right to vote and the right to stand for elections. In 2009, the Grand Chamber of the European Court of Human Rights (ECtHR) found Bosnia and Herzegovina to be in breach of Protocol 12, which provides for the right to equal treatment and non-discrimination, in failing to allow its citizens who are not ‘Constituent Peoples’ to stand for election to the Presidency. The ECtHR also found a violation of Article 14 of the ECHR, which provides for freedom from discrimination, taken in conjunction with Article 3 of Protocol 1, which protects free elections to the legislature, as a result of the inability of ‘Others’ to stand for election to the House of Peoples.

In 2023, the briefing was held by Chelsea Gonzalez, Programme Officer at Minority Rights Group International. Minority Rights Group International provided participants with explanations regarding the Dayton Accords and Electoral Quotas, explaining the effects of the quota system, which disenfranchises minorities, discriminates against constituent peoples living in ‘wrong’ entity and facilitates the trickling down of discrimination to local level. Minority Rights Group International discussed the Council of Europe Commissioner for Human Rights Rule 9 Submission from April 2023, setting out the Commissioner’s primary concerns regarding the recent developments at national level.

In 2016, the state of execution and suggested actions to be taken by Bosnia and Herzegovina was presented by Mr Jakob Finci, former Ambassador and applicant.