A/HRC/22/49/Add.1 and Herzegovina6 (concerning a complaint brought by a Bosnian Roma and a Bosnian Jew), finding that the ineligibility of ―others‖ to stand for election is a violation of article 14 (on discrimination) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, taken in conjunction with article 3 of Protocol No. 1 to the Convention, which protects free elections to the legislature. This was the first judgement under Protocol No. 12 (on discrimination) to the Convention. 28. The Court‘s decision is binding and requires an amendment to the Constitution and electoral law. Despite numerous national and international proposals for reform and the establishment of a joint committee of the Parliamentary Assembly to prepare amendments to the Constitution, to date no concrete measures have been agreed nor has action been taken to amend the Constitution or the electoral law. Regrettably the Government failed to adhere to a deadline for reform (31 August 2012) imposed by the European Union in order to advance European Union membership discussions. 29. Ethno-political agendas and the consequent political ―gridlock‖ are widely cited as reasons for the lack of progress in removing discriminatory provisions and practices affecting minorities. In a 2012 policy briefing, the International Crisis Group stated that a ―crisis of governance‖ existed, and observed that any attention given to implementing the decision of the European Court of Human Rights had focused on a solution that cemented party leaders‘ already extensive hold on power. It added that the Government and its politicians ―are not only unable to resolve the problems; they have become a key problem themselves‖.7 Civil society groups have expressed desire for a process of political dialogue and reconciliation that would achieve progress. 30. Seats are reserved for ―others‖ within the House of Peoples in the Federation and in the Council of Peoples in the Republika Srpska. The Federation allocates 17 seats for each of the main ethnic groups and reserves 7 seats for ―others‖. In the Republika Srpska the Constitution allows four delegates from among ―others‖, and eight seats for each constituent people. There is no constitutional barrier to ―others‖ standing for the entity-level Presidency. Under election laws, where a minority constitutes 3 per cent of the population of a municipality they are designated seats in that municipality‘s government.8 Minority representatives noted that some municipalities provide seats for minorities who do not meet that threshold, but also claimed that some seats for ―others‖ are taken by party candidates falsely registering as such. 31. While the high profile case of Sejdić and Finci has gained considerable national and international attention, minority representatives emphasized that problems of minority political participation require wider attention at every level and that minorities should have greater opportunities in municipal and local government. One representative stated: ―We are building a house from the roof down. Minorities care more about who represents them locally than who is President.‖ In reality, political parties prefer candidates from their own ethnic groups. It was claimed that minorities who do achieve government posts often follow clearly defined party platforms and do not fully represent the interests of minorities. 6 7 8 Applications No. 27996/06 and No. 34836/06, judgement of 22 December 2009. International Crisis Group, ―Bosnia‘s Gordian knot: Constitutional reform‖, Europe Briefing No. 68 (12 July 2012), pp. 1 and 2. Available from www.crisisgroup.org/~/media/Files/europe/balkans/bosnia-herzegovina/b068-bosnias-gordian-knotconstitutional-reform.pdf. Human Rights Watch, Second Class Citizens: Discrimination against Roma, Jews, and Other National Minorities in Bosnia and Herzegovina (2012), pp. 24-25. Human Rights Watch reports that in mid-2011, there were 35 national minorities sitting in 32 of the 142 municipal governments (ibid., p. 24). 9