Croat-Serb Constitutional Principles for Bosnia-Herzegovina

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: 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)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
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 (opens in new tab) | 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