US ENVOY

Matthew Palmer for "Avaz": Electoral and judicial reform in B&H is necessary

Judgments must be implemented, electoral system reform must exist to ensure fairness and transparency

Palmer: We are doing everything in our power, we are here to help the parties sit down at the negotiating table. Avaz

Erdin Halimić

Since my last visit, I have taken on a new function that is enlightened to the reform of the Electoral System in B&H, said the US envoy in charge of reforming the B&H Election Law, Matthew Palmer.

He added that the goal is to harmonize the legislation with those in the EU and in order to fulfill the judgments of the European Court of Human Rights.

- The goal is to introduce transparency and fairness in the original process. I believe that there is a possibility that is open in B&H, and to try to implement significant electoral reforms this year. I think we can have the necessary support in Parliament as well. This will also require targeted constitutional changes. We are doing everything in our power, we are here to help the parties sit down at the negotiating table - Palmer explained.


We want to see a solid system in the Federation

Asked about the necessary reforms and the parties' reactions to the US proposals, Palmer said that a compromise was necessary.

- We do not represent any political spectrum in B&H. We want to help the parties reach an agreement. I'm not going to tell you what the deal should look like, that's what the parties should say. We can say what we think should be part of the negotiations. We believe that constitutional changes are needed. We cannot say what the parties should agree on. It is hard work, but it is democracy. My job is not to order something from someone, but to help get the conversation going - Palmer emphasized.

Speaking about the House of Peoples, Palmer pointed out that the decisions of the European Court of Human Rights refer to the state House of Peoples.

- There are a lot of questions about the federal House of Peoples, but it belongs to the parties to lead those talks. We want to see a solid system in the Federation that will ensure that people elect their representatives and that they serve those citizens. There are a lot of ways to find balance, I can’t say how that will happen. I am here and the EU is here to help. Voters, citizens are the main ones in this process. We are just helping, but B&H must have a system that is strong and in line with the intentions for EU membership - Palmer believes.


There is no alternative

When asked about the competencies of the Presidency of B&H, Palmer pointed out that it is useful to discuss the competencies.

- I think that they also understand the interests of the citizens involved in this process. I will not tell you what the parameters of some existing institutions are, it is not my job, it is the job of the parties. My job is to facilitate conversations. If B&H wants to join the EU, then that is the future that the citizens and B&H want. But the obligations that imply that must be fulfilled. The conditions that are implied when EU membership needs to be met. First of all, it is a question of the "Sejdić and Finci" verdict. This must be done by basic political actors and opposition parties. There is not just one answer. There are many ways this can be done. Judgments must be implemented, electoral system reform must exist to ensure fairness and transparency. There must be a majority in Parliament that will allow the necessary laws to be passed. We will help as in the case of Mostar - said Palmer.

He added that there is no alternative to standing and talking.

- This is not the only issue that is of interest to the United States. My focus is on electoral reform, but that is not the only problem that needs to be addressed in B&H. We are promoting the agreement - Palmer emphasized.


File's model is not the only one

Speaking about meetings with political leaders, Palmer said he is committed to believing there is a solution and room for agreement.

- Based on the conversations I had, I believe that there is a common understanding that there is an urgent need for progress and that there is a chance for the parties to come together and agree, and to protect the interests of their voters. It’s not easy, but there is that path. As it happened in Mostar, it took years, but we will work with the parties on that. File's model is one of the ways to go further. But the question is how to achieve that the model reflects B&H, and that is one state, two entities and three peoples. How to ensure that anyone is elected to public office. File's model is not the only one, but the concept is open to progress. There is no fixed constituency which is why some have said it is a slippery slope towards the third entity. We would also support some variant of File's model, no one will come out of these talks 100 satisfied - Palmer pointed out.

He added that the OHR has its own 5 + 2 agenda.

- The USA is working in partnership with the EU within this reform, we are talking to the OHR, but this is not their focus - Palmer emphasized.


Some parties will have reservations about asymmetric solutions

When asked about his function, Palmer pointed out that the United States sees the same as the citizens of B&H.

- We see a blockade of state institutions, but this should be an additional motive. And the blockade needs to be overcome and the institution strengthened in order to face political challenges. Crises are normal, navigating through crises and challenges is the responsibility of elected leaders. I understand everything and understand the pressures, but I hope that the leaders will understand that as a signal that they must enter the negotiations to reach an agreement by the end of this year - Palmer said.

When asked about the legitimacy of the new High Representative, Palmer pointed out that the right procedure was followed.

- Schmidt was appointed through PIC procedures in B&H. The fact is that Russia refuses that, but I am not too interested in that - Palmer said.

He added that it is possible to discuss asymmetric solutions for B&H in terms of electoral reform.

- It is up to the parties, we will not say which level is acceptable and which is not. Some parties will have reservations about asymmetric solutions - Palmer explained.


There is room for work on judicial reform

When asked about the situation in the judiciary, Palmer pointed out that the rule of law is fundamental.

- It is the center of American strategy. That was the case from the beginning. There is certainly room for work on judicial reform. There is no chance that B&H will progress towards the EU without judicial reform. We have invested a lot in that so far. Over time we had to look, we are not satisfied, a lot of work that needs to be done and we are partners along the way. We bring in our experts and we have invested a lot. The public should be fair to choose the individuals who will represent their interests. That requires a judicial system that will ensure all that - Palmer emphasized.

Asked about the leaders' future negotiations, Palmer said he thought the leaders were capable and that the agreement on Mostar proved that.

- There was pressure and it took time. I don’t want to go into hypothetical questions in terms of what methods the U.S. is doing to put pressure. I don't mind repeating myself, but it is up to the parties to decide how and what they will agree on. Sometimes it’s good to have a third party at the table who isn’t too interested. I think I can help, I know these people. The EU is also there to help, but they have to do the hard work. This is an agreement and an exchange of interests. This is difficult in the United States as well, and it is not the only thing that is difficult in B&H. They are capable and I am convinced of that - said Palmer.


Basic European principle

He added that he would be satisfied with a minimal reform package that would improve the transparency of the election process.

- We want to see a result that is consistent and in line with the path to the EU - Palmer emphasized.

According to him, citizens are the key.

- The state is a group of citizens and they all have the right as individuals. Individual citizens have rights and should be respected by the state. A system should be established so that a Serb in the FB&H has the same rights as everyone else and also a Bosniak in the RS. That is the basic European principle. And that should be harmonized with the principles of one state, two entities and three peoples - Palmer concluded.