Bosnia and herzegovina, constitution of safe areas. Based on article iv 4 a of the constitution of bosnia and herzegovina, the parliamentary assembly of bosnia and herzegovina, in the house of representatives session on 27th july 2004 and the house of peoples session on 9th september 2004, has adopted the law on technical requirements for products and on conformity assessment i general provisions. The general framework agreement for peace in bosnia and herzegovina initialled in dayton on 21 november 1995 and signed in paris on 14 december 1995 the republic of bosnia and herzegovina, the republic of croatia and the federal republic of. Bosnia and herzegovinas system of government has reached breaking point and the countrys path to european union eu membership is blocked. Internationalized constitutionalism in ethnically divided. The constitution of bosniaherzegovina university of minnesota law school.
The territory now occupied by bosnia and herzegovina was captured by slavs, serbs, and croats in the sixth and seventh centuries. Constitution of bosnia and herzegovina with the european convention for the protection of human rights and fundamental freedoms and the european charter of local selfgovernment, as well as of the efficiency and rationality of the present constitutional and legal arrangements in bosnia and herzegovina. The general framework agreement for peace in bosnia and herzegovina, also known as the dayton peace agreement dpa, dayton accords, paris protocol or daytonparis agreement, is the peace agreement reached at wrightpatterson air force base near dayton, ohio, united states, in november 1995, and formally signed in paris on 14 december 1995. Its existence was confirmed in the constitution of 1974. Constitution of bosnia and herzegovina text of dayton peace agreement documents initialed in dayton, ohio on november 21, 1995 and signed in paris on december 14, 1995. Bosnia and herzegovina shall consist of the two entities, the federation of bosnia and herzegovina and the republika srpska hereinafter the entities. Ustav bosne i hertcegovine is the highest legal document of bosnia and herzegovina. The constitutions of the state and the countrys two entities the federation of bosnia and herzegovina the federation and republika srpska rs provide for freedom of religious thought and practice, prohibit religious discrimination, and allow registered religious organizations to operate freely. Please see attached index of the constitution of the federation of bosnia and herzegovina. The agreements are known as the dayton peace accords. Bosnia and herzegovina united states department of state. Constitution of bosnia and herzegovina preamble based on respect for human dignity, liberty, and equality, dedicated to peace, justice, tolerance, and reconciliation, convinced that democratic governmental institutions and fair procedures best produce peaceful relations within a pluralist society, desiring to promote the general welfare and economic growth through the protection of.
A citizen of bosnia and herzegovina abroad shall enjoy the protection of bosnia and herzegovina. Bosnia and herzegovina 2016 international religious. In 2009, european court of human rights ruled that the constitution of bosnia and herzegovina was in violation of the european convention on human rights, as citizens who identified outside the three major ethnic groups in the country were unable to. Pdf raspodjela nadleznosti prema ustavu bih allocation. Constitution of the federation of bosnia and herzegovina consolidated translation, with amendments indicated the constitution of the federation of bosnia and herzegovina was adopted by the constitutional assembly of the federation of bih, at the session held on june 24, 1994. Amendments ii to xxiv to the constitution of the federation of bosnia and herzegovina were passed by the constitutional assembly of the federation of bih, at its 14th session held on june 5th, 1996. The capital of bosnia and herzegovina shall be sarajevo. These and other laws and policies contributed to the generally free. The constitution of bosnia and herzegovina makes an integral part of the general framework agreement for peace in bosnia and herzegovina so called dayton peace agreement which was initialled on november 21st 1995 in dayton usa and signed on december 14th 1995 in paris. Constitution of the federation of bosnia and herzegovina. Paragraph 3 composition bosnia and herzegovina shall consist of the two entities, the federation of bosnia and herzegovina and the republika srpska hereinafter the entities. Welcome to the bulletin of the constitutional court of bosnia and herzegovina in english, issue no. Herzegovina official gazette of bosnia and herzegovina no.
The constitution of bosnia and herzegovina is the highest legal document of bosnia and. Constitution of bosnia and herzegovina wikisource, the free. The constitution of bosnia and herzegovina, annex 4 to the general. Bosnia and herzegovina, constitution of safe areas how. Article iv4d, between bosnia and herzegovina and that state governing this matter.
Amendments cvicviii to the constitution of the federation of bosnia and herzegovina note. Pdf constitutional reform in bosnia and herzegovina. Continuation the republic of bosnia and herzegovina, the official name of which shall henceforth be bosnia and herzegovina, shall continue its legal existence under international law as a state. The following text was released by the office of the spokesman, december 1, 1995. Bosnia and herzegovina shall have such symbols as are decided by its parliamentary assembly and approved by the presidency. Taking bosnias constitution to court an unfinished.
Constitutional assembly of the federation of bih, at the session. There shall be a citizenship of bosnia and herzegovina, to be regulated by the parliamentary. Establishes bosnia and herzegovina as a democratic state, operating under the rule of the law and having free and fair democratic elections. Assembly of bosnia and herzegovina at the 49th session of the house of representatives held on 25 march 2009 and at the 27th session of the house of peoples held on 26 march 2009, adopted the following. The territories that now constitute bosniaherzegovina were the scene of bitter and cruel killings. The united states helped end the bosnian war 19921995, one of the most lethal conflicts in europe since the second world war, by leading nato. High representative decision enacting amendments to the constitution of the federation of bosnia and herzegovina no. Dec 14, 2018 the parties hereby establish a joint interim commission with a mandate to discuss practical questions related to the implementation of the constitution of bosnia and herzegovina and of the general framework agreement and its annexes, and to make recommendations and proposals. Two of the ethnic communitiesserbs and croats were assisted by their coethnicists in serbia and croatia, who supplied them with arms and had considerable interest. They were published in official gazette of the federation of bosnia and herzegovina 1997. The general framework agreement for peace in bosnia and.
The bosnia and herzegovina constitution provides for representation of the three major ethnic groups bosniaks, serbs, and croats in the government and the armed forces. Bosnia and herzegovina bih is a democratic republic with a bicameral parliament. In the constitution of bosnia and herzegovina, article iii, item 1 shall be amended and shall read. Bosnia and herzegovina bosnia and herzegovina government and society. Bosnia and herzegovina united states department of justice. The internationally brokered dayton accordsthe peace agreement negotiated in dayton, ohio, u. Bosnia and herzegovina 3 international religious freedom report for 2018 united states department of state bureau of democracy, human rights, and labor legal framework annex iv of the dayton peace agreement, which serves as the countrys constitution, provides for freedom of thought, conscience, and religion. Any understanding of this rather unique constitutional and institutional set up needs to.
Constitution of bosnia and herzegovina wikisource, the. Amendments ciii and civ to the constitution of the federation of bosnia and herzegovina was published in the official gazette of the federation of bosnia and herzegovina, 2004. The republic of bosnia and herzegovina existed legally until it cosigned the annex 4 of the dayton agreement, containing the constitution of bosnia and herzegovina on 14 december 1995, but official documents reveal that the state existed until the end of 1997 when the implementation of the dayton agreement was finished and only then did it. Bosnia and herzegovina bih, or bosnia poses little risk of deadly conflict, but after billions of dollars in foreign aid and intrusive international administration and despite a supportive european neighbourhood, it is slowly spiralling toward disintegration. In the manner it was designed, the publication actually represents a collection selection of a number of relevant decisions taken by constitutional court of bosnia and herzegovina in the last few years. Signed by the republic of croatia, the federal republic of yugoslavia now serbia and montenegro, and the republic of bosnia and herzegovina the government of which, by this time, was dominated by the. Constitutional court of bosnia and herzegovina wikipedia. Bosnia and herzegovina government and society britannica. Constitution online constitutional court, bosnia and herzegovina pdf of constitution in bosnian consulted on 20150917 abstractcitation. Bosnia and herzegovina, constitution of safe areas how does. The current constitution is the annex 4 of the general framework agreement for peace in bosnia and herzegovina, also known as the dayton agreement, signed on 14 december 1995.
Icrc, position paper, the establishment of protected zones for endangered civilians in bosnia and herzegovina. We make an attempt to compare two internationalized constitutional projects which lend themselves to comparison perhaps more than others. The constitution of bosnia and herzegovina is the constitution in international contractual form, since it is an integral part of a larger peace agreement signed by alija izetbegovic, franjo tudman and slobodan milosevic, three presidents of countries involved in war in bosnia and herzegovina, as well as the representatives of european. Pdf reconsidering consociational governing in bosnia and. Bosnia and herzegovinas constitution of 1995 with amendments. Bosnia herzegovina s constitution of 1995 with amendments through 2009 preamble based on respect for human dignity, liberty, and equality, dedicated to peace, justice, tolerance, and reconciliation, convinced that democratic governmental institutions and fair procedures best produce peaceful. The enjoyment of the rights and freedoms provided for in this article or in the international agreements listed in annex i to this constitution shall be secured to all persons in bosnia and herzegovina without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin. Legislation online narodna skupstina republike srpske, national assemby of republika srpska pdf of constitution in bosnian as amended to official gazette no. Formally, brcko district is held in condominium by both parts of bosnia and herzegovina namely, the federation of bosnia and herzegovina and republika srpska. Policy bosnia and herzegovina hereafter, bosnia drew heavily on u.
It is, of course, the product of civil war, of ethnic cleansing, and of well justified mutual mistrust. The new constitution of bosnia and herzegovina european. Herzegovina, and has all powers, competence and responsibilities which do not, according to the constitution of bosnia and herzegovina, fall within the exclusive competence of the institutions of bosnia and herzegovina. Bosniaherzegovinas constitution of 1995 with amendments. Constitution of bosnia and herzegovina infogalactic. Raspodjela nadleznosti prema ustavu bih allocation of competencies according to the constitution of bosnia and herzegovina. On june 24, the constitutional assembly adopted and proclaimed the constitution of the federation of bosnia and herzegovina. Bosnia and herzegovina shall be a democratic state, which shall operate under the rule of law and with free and democratic elections. Article i bosnia and herzegovina paragraph 1 continuation the republic of bosnia and herzegovina, the official name of which shall henceforth be bosnia and herzegovina, shall continue its legal existence. Bosnia s elites have ignored a stream of european court rulings ordering the country to make its constitution less discriminatory but those struggling for a citizen based state have not. Political rights, minorities, human rights, justice, reform, consoctiationalism introduction the constitution of bosnia and herzegovina, like that of any other state, is regarded as the highest source of law in the land.
The republic may, according to the constitution of bosnia and herzegovina. The constitution saw the end of war in bosnia and herzegovina, however it has seen a large amount of. The constitution makes no explicit mention of representation for religious groups, although each ethnicity mentioned by the constitution is associated with a particular religion. The international community dominated the processes of ending the war and making the constitution in bosniaherzegovina. Amendment i to the constitution of the federation of bosnia and herzegovina was passed by the. The constitutional court of bosnia and herzegovina was established for the first time on 15 february 1964 pursuant to the constitution of 1963. Constitution of bosnia and herzegovina preamble based. Many governmental functions are the responsibility of two entities within the state, the federation and the republika srpska rs, as well as the brcko district, an autonomous administrative unit under bih sovereignty. Reconsidering consociational governing in bosnia and herzegovina a case study on how the consociational powersharing elements of the dayton constitution affect the governance of bosnia and.
Bosnia and herzegovina hereby determine that the constitution of bosnia and herzegovina is as follows. The constitution of bosnia and herzegovina and the entity constitutions of the federation of bosnia and herzegovina the federation and the republika srpska provide for freedom of religion. Constitution of bosnia and herzegovina preamble based on respect for human dignity, liberty, and equality, dedicated to peace, justice, tolerance, and reconciliation, convinced that democratic governmental institutions and fair procedures best produce peaceful relations. Amendment cv to the constitution of the federation of bosnia and herzegovina was published in the official. Winter is approaching and it is likely that it will reach bosnia herzegovina before any peace agreement is signed and implemented. Constitutionalism in bosnia herzegovina and kosovo in this article, we propose to approach divided societies from the perspective of comparative constitutional law. To the constitution of bosnia and herzegovina in the constitution of bosnia and herzegovina, after article vi3, a new. Bosnia and herzegovina constitution of republika srpska. Bosnia and herzegovina international organizations 1.
The parties hereby establish a joint interim commission with a mandate to discuss practical questions related to the implementation of the constitution of bosnia and herzegovina and of the general framework agreement and its annexes, and to make recommendations and proposals. Bosnia is home to what is most probably the worlds most complicated system of government. The constitution of bosnia and herzegovina is the highest legal document of bosnia and herzegovina. Based on article iv 4 a of the constitution of bosnia and. After the rule of the ottoman turks, which lasted until 1878 and the austrohungarian empire, the first constitution for bosnia and herzegovina was promulgated and first elections were held in 1910. The dayton constitution of bosnia and herzegovina copyright by. Bosnia and herzegovina, constitution of safe areas the pdf of this page is being created. The republic of bosnia and herzegovina, the official name of which shall henceforth be bosnia and herzegovina, shall continue its legal existence under. The constitution of bosnia and herzegovina bosnian, croatian and serbian. The jurisdiction of this constitutional court consisted primarily of an abstract normative control.