The Croatian Club of the House of Peoples demonstrates a lack of knowledge of the law and the constitution, distancing themselves from the people they represent.
By not passing a Declaration that would conclude Željko Komšić is not constitutionally elected and thereby stripping him of his veto rights, they are practically supporting him and legalizing his mandate. Without such a Declaration, the Constitutional Court lacks the legal basis or decision to declare Komšić an illegitimate president, or president non grata. In short, all of Komšić’s mandates so far are considered legal by the Constitutional Court because the Croatian Club of the House of Peoples has not revoked any of his mandates, even though, according to the Constitution, they undoubtedly have the right to do so. If you don’t believe us, ask the interpreter of the Constitution – the OHR. It would be very interesting to hear their response.
It appears that Croats elect their so-called legitimate representatives to the Croatian Club of the House of Peoples, only for them to then, through inaction and ignorance, legalize Komšić, a political tyrant over our people.
Therefore, the question arises: Is it time for mass protests by Croats against the Croatian Club of the House of Peoples because these people are either cowards or legally and politically illiterate? Do they even understand the Constitution of BiH and the power of the legal document called the “Declaration on Revoking the Presidential Veto Right of the Croatian Member of the Presidency”?
According to the Constitution of BiH, the impeachment of the president is embedded in the constitution. This is clear from Annex 4, the article on the presidential veto, which explicitly states that the Croatian member’s use of this presidential power is overseen by the Croatian Club of the House of Peoples. If that club permanently revokes this power, the member of the presidency becomes unconstitutional. Simply put, one cannot perform the function when it is clearly determined that the given power cannot be exercised, for whatever reason. In this case, the reason would be the most important presidential power – the veto.
It would be interesting to see the explanation of the judges and the Constitutional Court if this were passed on how they would avoid Komšić’s dismissal. However, without passing this Declaration, our representatives in the House of Peoples leave the OHR, the Constitutional Court, and especially Komšić, in a comfortable position. It makes their job easier. This means they have betrayed us, their voters.
Since the president is elected in a single round, it means his legitimacy is not absolutely confirmed, and it is confirmed by the House of Parliament, specifically the House of Peoples of the Federation, in this case, the Croatian club of that house which is responsible for the most important presidential power. If this superior house strips him of the most important presidential power, the Constitutional Court would immediately have to dismiss Komšić, otherwise, it would damage its own reputation if it did not do so.
The question arises as to why the Croats in the House of Peoples of the FBiH have not used this constitutional lever to dismiss Komšić for the fourth mandate.
Is it because they fear sanctions from the OHR and the US Embassy? Or are they legally illiterate? If it is the former, they have nothing to fear because they have parliamentary immunity, and it is their duty to pass that Declaration. If they are legally and politically illiterate, they should have said so before the elections.
The Croatian people have the right to demand accountability from their representatives. If the Croatian Club of the House of Peoples continues in this manner, it will be clear that they do not work in the interest of the people they are supposed to represent, but in the interest of political tyrants. It is time for change and for taking concrete steps to ensure the respect of the constitution and the rights of the Croatian people in Bosnia and Herzegovina.