Croat-Serb Constitutional Principles for Bosnia-Herzegovina

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Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Europe and Eurasia
Agreement name
Croat-Serb Constitutional Principles for Bosnia-Herzegovina
Date
23 Jun 1993
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Bosnia peace process
Parties
Radovan Karadzic; Mate Boban
Third parties
-
Description
This agreement establishes principles for establishing a confederation comprised of three constituent nations, an executive comprised of representatives from all three republics, a constitutional court, and mechanisms for international monitoring.

Agreement document
BA_930623_Croat-Serb Constitutional Principles for Bosnia-Herzegovina.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Groups→Racial/ethnic/national group→Substantive
Page 1, 4.
All matters of vital concern to any of the constituent peoples and their republics shall be regulated in the constitutions of the republics and tripartite constitutional agreement of confederation which as to these points may be amended only by consensus.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
Page 1, 1.
Bosnia and Herzegovina shall be a confederation, the constitution shall recognise three constituent peoples, as well as a group of others, with most governmental functions carried out by its republics.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
Governance→Political institutions (new or reformed)→General references
Page 1, 5.
The republics shall have democratically elected legislatures and democratically chosen chief executives and an independent judiciary. The presidency of the confederation shall be composed of the three presidents of the republics. There shall be a confederal council of ministers composed of nine members, three from each of the republics. The chairman of the confederal council shall be prime minister. The confederal council shall include a foreign minister. The posts of prime minister and foreign minister shall rotate at agreed intervals among the three republics. The confederal parliament shall be indirectly elected by the legislature of the three republics. The initial elections are to be UN/EC/CSCE supervised.
Elections
Page 1, 5.
The republics shall have democratically elected legislatures and democratically chosen chief executives and an independent judiciary. The presidency of the confederation shall be composed of the three presidents of the republics. There shall be a confederal council of ministers composed of nine members, three from each of the republics. The chairman of the confederal council shall be prime minister. The confederal council shall include a foreign minister. The posts of prime minister and foreign minister shall rotate at agreed intervals among the three republics. The confederal parliament shall be indirectly elected by the legislature of the three republics. The initial elections are to be UN/EC/CSCE supervised.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
Governance→Constitution→Constitutional reform/making
Page 1, 1.
Bosnia and Herzegovina shall be a confederation, the constitution shall recognise three constituent peoples, as well as a group of others, with most governmental functions carried out by its republics.

Page 1, 4.
All matters of vital concern to any of the constituent peoples and their republics shall be regulated in the constitutions of the republics and tripartite constitutional agreement of confederation which as to these points may be amended only by consensus.

Page 1, 6.
A constitutional court, with a member from each republic, shall resolve dispute between the republics and the confederation, and among organs of the former. In the event that the constitutional court cannot settle disputes by consensus, they shall be referred for binding arbitration by a chamber of five drawn from judges of the International Court of Justice.

Page 1, 9.
A number of international monitoring devices shall be provided for in the constitution, to remain in place at least until the three republics by consensus agree to dispense with them.

Power sharing

Political power sharing
Power sharing→Political power sharing→Executive coalition
State level
Page 1, 5.
The republics shall have democratically elected legislatures and democratically chosen chief executives and an independent judiciary. The presidency of the confederation shall be composed of the three presidents of the republics. There shall be a confederal council of ministers composed of nine members, three from each of the republics. The chairman of the confederal council shall be prime minister. The confederal council shall include a foreign minister. The posts of prime minister and foreign minister shall rotate at agreed intervals among the three republics. The confederal parliament shall be indirectly elected by the legislature of the three republics. The initial elections are to be UN/EC/CSCE supervised.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 1, 4.
All matters of vital concern to any of the constituent peoples and their republics shall be regulated in the constitutions of the republics and tripartite constitutional agreement of confederation which as to these points may be amended only by consensus.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
Page 1, 2.
The republics shall not enter into agreements with foreign states or with international organisations if it can damage the interests of other republics.

Page 1, 8.
The highest level of internationally recognised human rights shall be provided for in the constitution, which shall also provide for ensuring implementation through both domestic and international mechanisms.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
Page 1, 3.
Full freedom of movement shall be allowed throughout Bosnia and Herzegovina to be ensured in part by the maintenance of internationally monitored throughways.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
Page 1, 6.
A constitutional court, with a member from each republic, shall resolve dispute between the republics and the confederation, and among organs of the former. In the event that the constitutional court cannot settle disputes by consensus, they shall be referred for binding arbitration by a chamber of five drawn from judges of the International Court of Justice.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
Security sector→DDR→Demilitarisation provisions
Page 1, 7.
Bosnia and Herzegovina is to be progressively demilitarised under UN/EC supervision.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, 3.
Full freedom of movement shall be allowed throughout Bosnia and Herzegovina to be ensured in part by the maintenance of internationally monitored throughways.

Page 1, 7.
Bosnia and Herzegovina is to be progressively demilitarised under UN/EC supervision.

Page 1, 9.
A number of international monitoring devices shall be provided for in the constitution, to remain in place at least until the three republics by consensus agree to dispense with them.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
University of Liverpool, David Owen papers
https://www.liverpool.ac.uk/library/sca/colldescs/owen/

CROAT-SERB CONSTITUTIONAL PRINCIPLES FOR BOSNIA-HERZEGOVINA

1. Bosnia and Herzegovina shall be a confederation, the constitution shall recognise three constituent peoples, as well as a group of others, with most governmental functions carried out by its republics.

2. The republics shall not enter into agreements with foreign states or with international organisations if it can damage the interests of other republics.

3. Full freedom of movement shall be allowed throughout Bosnia and Herzegovina to be ensured in part by the maintenance of internationally monitored throughways.

4. All matters of vital concern to any of the constituent peoples and their republics shall be regulated in the constitutions of the republics and tripartite constitutional agreement of confederation which as to these points may be amended only by consensus.

5. The republics shall have democratically elected legislatures and democratically chosen chief executives and an independent judiciary.

The presidency of the confederation shall be composed of the three presidents of the republics.

There shall be a confederal council of ministers composed of nine members, three from each of the republics.

The chairman of the confederal council shall be prime minister.

The confederal council shall include a foreign minister.

The posts of prime minister and foreign minister shall rotate at agreed intervals among the three republics.

The confederal parliament shall be indirectly elected by the legislature of the three republics.

The initial elections are to be UN/EC/CSCE supervised.

6. A constitutional court, with a member from each republic, shall resolve dispute between the republics and the confederation, and among organs of the former.

In the event that the constitutional court cannot settle disputes by consensus, they shall be referred for binding arbitration by a chamber of five drawn from judges of the International Court of Justice.

7. Bosnia and Herzegovina is to be progressively demilitarised under UN/EC supervision.

8. The highest level of internationally recognised human rights shall be provided for in the constitution, which shall also provide for ensuring implementation through both domestic and international mechanisms.

9. A number of international monitoring devices shall be provided for in the constitution, to remain in place at least until the three republics by consensus agree to dispense with them.

Geneva, 23 June 1993