The high representative of the international community in Bosnia-Herzegovina, Christian Schmidt, has imposed changes to the country’s constitution and the criminal laws of Bosnia’s entities to facilitate the formation of the new regional government and prevent election fraud.
Schmidt’s amendments to the constitution were announced on April 27 on an interim basis to help form the new regional government after a deadlock lasting almost seven months following elections in October. The decisions will take effect in one year unless the parliament passes its own version of the amendments.
Schmidt, who has vast powers as the international community's envoy to Bosnia, amended the constitution so that only two out of three federation presidency members need to support a proposed government in order to forward it to parliament.
"We have to state what we witness is a political stalemate, not a struggle between constituent peoples," Schmidt told a news conference after the release of his decisions.
The decision on unblocking the appointment of the government of Bosnia says that the prime minister, deputy prime minister, and remaining cabinet members put forward on March 30 "are hereby deemed appointed."
The appointment must still be confirmed by a majority of Bosnia's House of Representatives, which Schmidt ordered to hold and urgent session by April 28 with confirmation of the government the only item on the agenda.
Schmidt, who has powers to change laws and sack officials seen as obstructing the Dayton peace accords, came under criticism for changing the election law on election night last October aimed at removing gridlock in the federation government formation.
Schmidt has the powers as overseer of civilian and administrative aspects of the 26-year-old peace deal that still governs Bosnia along ethnic lines.
The Party of Democratic Action (SDA), which has blocked any proposals that do not include its ministers, and its allies lashed out at Schmidt's latest decision, calling it a "scandalous suspension of the federation constitution."
The changes to the criminal laws are prompted by the need to "strengthen the integrity of elections" and apply to Bosnia and Republika Srpska, the other entity within Bosnia.
These changes make it illegal to ask for or take money or any benefit, such as employment, from politicians and set the punishment for anyone found guilty of such actions at 10 years in prison and a fine.
The amendments to criminal laws also imply dismissal from a legislative, executive, other administrative or judicial body or from any service that is fully or partially financed from entity budgets for anyone found guilty of election bribery. In addition, anyone found guilty of the offense cannot be employed in any public service for five years after being punished, pardoned, or amnestied.
The changes take effect immediately on an interim basis until they are adopted by Republika Srpska and the Bosnia "without amendment and with no conditions attached."