Namely, according to the newly accepted rules, all the representatives in the cantonal assemblies have the right to vote for the representatives in the House of Nations of the Federation BH regardless of the ethnicity of the candidate and those who vote for him. Therefore, briefly, all representatives vote for all candidates, instead of, as before, Croat representatives for Croat candidates and Bosniak representatives for Bosniak candidates.
Robert Barry, the head of the OSCE Mission in BH characterizes such rules as more democratic. That justification would be acceptable only in the case if it were in accordance with the Federation BH Constitution, which describes how the representatives in the House of Nations are to be elected and which was until now respected. What is more important, in the political context, is that the new rules essentially annul the very essence of the House of Nations, and annul the most important clause of the Dayton Agreement, the constituent character of all three nations everywhere in BH. That clause, which is only an extension of the central feature of the pre-war communist constitution of BH, determines the whole constitutional structure of BH. And, if now the election rule that essentially voids the institution of the House of Nations is introduced, as it will essentially become only another House of Representatives, this time elected in indirect elections, then it is clear that the whole constitutional structure is brought into question. We believe that those who approved the changes are aware of the consequences. However, it is questionable whether they are prepared to face those consequences.
Namely, these changes set the path for the removal of the constituent character of the Croat nation in the Federation BH. If its representatives, elected in democratic elections, cannot elect their representatives in the House of Nations, but to a large extent that is done by others due to their number, then all reasons for the existence of the House of Nations are lost. If there is no House of Nations, then there are no institutions in which true representatives of one nation will be able to block decisions contrary to its essential interests. That is the path that leads to the demotion of one constituent nation to even less than an ethnic minority, to the conversion of a nation from a political subject to a political object. According to first superficial analyses, Croat representatives will, based on these rules, be able to elect only a half of Croat representatives in the House of Nations, in addition to very small influence on the election of Bosniak representatives. The other half of Croat representatives will be elected by the Bosniak representatives and representatives of Others. Of course, in that case, these elected representatives will defend the interests of those who elected them, rather than of the Croat people, as was the original intent. Probably anticipating the results of the forthcoming elections and believing in the good results achieved by the SDP, the creators of the rules believe that with a majority in the House of Representatives and the House of Nations set up according to the new rules will allow them to easily change the Federation BH Constitution. And anyone can guess in which direction that change is supposed to go, in the direction of policies advocated by the SDP and the SDA, and that means in the direction of the Federation that will not respect the fact of existence of two constituent nations, but will be based on the principle "one person-one vote". Isn't that, among other, why the former federation (the former Yugoslavia) ultimately failed?
Furthermore, aren't the creators of the rules afraid of legal and every other chaos that will result if the legislative authorities in the Federation are set up in that manner and that results in a change of the Constitution? Do they think that the cantons with Croat majority would in that case implement Federal decisions and laws? Perhaps they intend to force them to do so by force? Or by denying them aid, dismissing them from functions, sending them to the Hague? Indeed, will we have here order and democracy or the domination of one nation and chaos...?
The rule that raises the number of representatives in the House of Nations to twenty, instead of 12 as until now, violates the proportional ethnic representation. Even according to 1991, and even less now, the other ethnic groups, other than Bosniaks and Croats, did not make up a whole third of population. It is clear that those Others are supposed to be Serbs. In that manner, this rule, in the Federation of Croats and Bosniaks gives the Serbs almost equal position of a constituent nation. By that Bosnia-Hercegovina is created in the Federation BH (51 percent of territory), while at the same time in the Parliament of the Republic of Srpska, there is no House of Nations. That to a certain extent boils down to spreading of the RS to the Federation BH.
Obviously the OSCE is trying to implement the proposed permanent election law that was rejected in the BH Parliament, which was a clear message what the representatives of the people thought about that proposal. Similarly Barry and other key people who made this decision understand very clearly what its implications on the Croat nation are, as it is the least numerous and thus the only one affected by this decision. That decision may be more democratic, as Barry claims, but it is unconstitutional. As a legalist, he should stick to the Federation BH Constitution and take into account the fact that the constituent peoples must have a way to defend their vital interests, as is the case in other multinational states.
Reactions to this rule were as expected. The Croat parties, those that truly defend Croat national interests, will reject this rule, while some will certainly consider whether it makes any sense to participate in these elections. Therefore, if instead of the elections Croats hold a referendum, the authors of the rules about the election of representatives in the House of Nations of the Federation Parliament will be responsible.