Constitutionof the
Federation of Bosnia and Herzegovina
PREAMBLE
Holding that democratic institutions, based on respect for human rights
and freedoms best produce harmony among themselves and their
communities,
Rejecting the violence of war,
Wishing to contribute to peace promotion,
Desiring to support individual liberty and to develop a free market,
Guided by the principles of the Charter of the United Nations, the
Universal Declaration of Human rights and the General Framework
Agreement on Peace in Bosnia and Herzegovina and its Annexes.
Bosniacs, Croats and Serbs as constituent peoples, along with Others,
and citizens of the Federation of Bosnia and Herzegovina, which is a
constitutive part of the sovereign state of Bosnia and Herzegovina,
determined to ensure full national equality, democratic relations and
the highest standards of human rights and freedoms, hereby pass the
Constitution of the Federation of Bosnia and Herzegovina.
I. ESTABLISHMENT OF THE FEDERATION
ARTICLE 1
(1) The Federation of Bosnia and Herzegovina is one of the two entities
composing the State of Bosnia and 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.
(2) Bosniacs, Croats and Serbs as constituent peoples, along with
Others, and citizens of the Federation of BiH, shall equally organise
the Federation of Bosnia and Herzegovina, defined in Annex II to the
General Framework Agreement for Peace in Bosnia and Herzegovina.
ARTICLE 2
The Federation consists of federal units (Cantons). The methods and
procedures for physically demarking the boundaries between the Cantons
shall be established by Federation legislation. The Cantons shall be
named solely after the cities which are the seats of the respective
Cantonal governments or after regional geographic features.
ARTICLE 3
The official name of the Federation is The Federation of Bosnia and
Herzegovina.
ARTICLE 4
The capital of the Federation shall be Sarajevo.
ARTICLE 5
(1) The Federation shall have a flag, an anthem, a coat of arms, and a
seal, as well as such symbols as the Legislature may decide in
accordance with paragraph (2).
(2) Approval of symbols shall require a majority vote in each House of
the Legislature, including in the House of Peoples a majority of the
Bosniac Delegates and a majority of the Croat Delegates.
ARTICLE 6
(1) The official languages of the Federation of Bosnia and Herzegovina
shall be: Bosnian language, Croat language and Serb language. The
official scripts shall be Latin and Cyrillic.
(2) Other languages may be used as a means of communication and
instruction.
II. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
A. GENERAL
ARTICLE 1
As the principles, rights and freedoms specified in ARTICLE II of the
Constitution of Bosnia and Herzegovina are to be applied throughout the
territory of Bosnia and Herzegovina, the following provisions govern
the Federation.
ARTICLE 2
The Federation will ensure the application of the highest level of
internationally recognized rights and freedoms provided in the
documents listed in the Annex to the Constitution. In particular:cralaw:red
(1) All persons within the territory of the Federation shall enjoy the
rights:cralaw:red
(a) To life;
(b) To liberty, with
arrest and detention authorized only by law;
(c) To equality before
the law;
(d) To freedom from
discrimination based on race, color, sex, language, religion or creed,
political or other opinions, and national or social origin;
(e) To fair criminal
proceedings;
(f) To freedom from
torture and cruel or inhuman treatment or punishment;
(g) To privacy;
(h) To freedom of
movement;
(i) To asylum;
(j) To protection of the
family and of children;
(k) To property;
(l) To fundamental
freedoms: free speech and press; freedom of thought, conscience, and
belief; freedom of religion, including private and public worship;
freedom of assembly; freedom of association, including to form and
belong to and labor unions and the freedom not to associate; and
freedom to work;
(m) To education;
(n) To social protection;
(o) To health;
(p) To nutrition;
(q) To shelter; and
(r) To protection of
minorities and vulnerable groups.
(2) All citizens shall enjoy the rights:cralaw:red
(a) To form and belong to political
parties; and
(b) To political rights:
to participate in public affairs; to have equal access to public
service; to vote and stand for election.
ARTICLE 3
All refugees and
displaced persons have the right to freely return to their homes of
origin.
ARTICLE 4
All persons shall have the right, in accordance with Annex VII to the
General Framework Agreement for Peace, to have restored to them any
property of which they have been deprived in the course of ethnic
cleansing and hostilities since 1991 and rights to be refunded for all
their property that cannot be returnedAll statements and obligations
made under duress, particularly those relating to the relinquishment of
rights to land or property, shall be null and void.
The exercise of the right specified in item I of this ARTICLE shall be
regulated by Federal legislation.
ARTICLE 5
The acquisition and termination of citizenship of the Federation of BH
shall be regulated by Federation legislation, provided that:cralaw:red
(a) No person shall be deprived of citizenship arbitrarily or in such a
way as to leave him or her stateless.
(b) No persons can be deprived of the Federation citizenship on any
ground such as sex, race, color, language, religion, political or other
opinion, national or social origin, association with a national
minority, property, birth or other status;chanroblesvirtualawlibrary
(c) All citizens of the Federation of Bosnia and Herzegovina, according
to the Constitution of Bosnia and Herzegovina, are citizens of Bosnia
and Herzegovina, and, according to the citizenship conditions
prescribed by the Constitution of Bosnia and Herzegovina, have
the right to hold citizenship of another state.
ARTICLE 6
All courts, administrative agencies and other governmental organs of
the Federation shall apply and conform to the rights and freedoms
provided in the instruments listed in the Annex. A Court of Human
Rights shall be established in accordance with ARTICLE IV.C.16. chanroblesvirtualawlibrary
ARTICLE 7
All competent authorities in the Federation shall cooperate with any
international human rights monitoring mechanisms established for Bosnia
and Herzegovina and with the supervisory bodies established by any of
the instruments listed in the Annex. chanroblesvirtualawlibrary
B. The Ombudsmen of the Federation of Bosnia and Herzegovina
1. General Provisions
ARTICLE 1
(1) There shall be three Ombudsmen appointed by the Federation
Parliament in accordance with Federation law. One Ombudsman shall be
appointed from among each of the constituent peoples. chanroblesvirtualawlibrary
ARTICLE 2
(1) The Ombudsmen are to protect human dignity, rights, and liberties
as provided in the Constitution, in the instruments listed in the Annex
thereto, and in the constitutions of the Cantons. In particular, they
shall act to reverse the consequences of the violations of these rights
and liberties and especially of ethnic cleansing. chanroblesvirtualawlibrary
(2) In carrying out their functions, the Ombudsmen must be guided by
law and by the principles of morality and justice.
ARTICLE 3
Each Ombudsman shall exercise his functions individually, except as
otherwise provided herein. Two or more Ombudsmen may cooperate in
carrying out any of their functions.
ARTICLE 4
The Ombudsmen are independent in carrying out their functions, and no
person or governmental organ may interfere with such functions.
2. The Competence and the Powers of the Ombudsmen
ARTICLE 5
The Ombudsmen may examine the activities of any institution of the
Federation, Canton, or Municipality, as well as of any institution or
person by whom human dignity, rights, or liberties may be negated,
including by accomplishing ethnic cleansing or preserving its effects.
ARTICLE 6
(1) An Ombudsman is entitled to initiate proceedings in competent
courts and to intervene in pending proceedings.
(2) As provided for in ARTICLE IV.C.8, an Ombudsman is entitled to
receive the assistance of the Judicial Police.
ARTICLE 7
(1) In carrying out his functions an Ombudsman may examine all official
documents, including secret ones, as well as judicial and
administrative files and require any person (including any official) to
cooperate, in particular by providing relevant information, documents,
and files. Ombudsmen may also attend court and administrative hearings,
as well as meetings of other organs, and may enter and inspect any
place where persons deprived of their liberty are confined or work.
(2) The Ombudsmen, their Deputies, and any person who carries out
inquiries pursuant to paragraph (1) are required to maintain the
confidentiality of information obtained and shall in particular treat
all documents and files in accordance with applicable rules, except as
provided in ARTICLE 8.
3. Reports of the Ombudsmen
ARTICLE 8
(1) Each Ombudsman shall present an annual report to the Prime Minister
and the Deputy Prime Ministers of the Federation, and to the OSCE.
(2) An Ombudsman may also present at any time special reports to any
competent Federation, Cantonal, Municipal, or international
authorities. Domestic institutions shall have an obligation to reply
within a time limit specified by the Ombudsman. chanroblesvirtualawlibrary
(3) In the reports referred to in paragraphs (1) and (2), an Ombudsman
may include any material described in ARTICLE 5 and shall make
arrangements to protect information requiring confidentiality.
4. Regulations of the Ombudsmen
ARTICLE 9
Each Ombudsman shall draw up, or the Ombudsmen may collectively draw
up, Regulations that specify their organization and the method of
exercising their functions. The Regulations shall be promulgated in the
Official Journal of the Federation. The Federation Legislature may
change these Regulations by law.
III. DIVISION OF RESPONSIBILITIES
BETWEEN
THE FEDERATION GOVERNMENT AND THE CANTONS
ARTICLE 1
The Federation shall have exclusive responsibility for:cralaw:red
(a) conclusion of military
agreements pursuant to the
Constitution of Bosnia and Herzegovina; and cooperation with Standing
Committee for Military Matters and Council of Ministers of Bosnia and
Herzegovina and other institutions at state level responsible for
military and defence matters.
(b)
Citizenship of the Federation,
(c)
Making economic policy, including planning and reconstruction, and land
use policy on the federal level,
(d)
Regulating finances and financial institutions of the Federation and
fiscal policy of the Federation,
(e)
Combating terrorism, inter-cantonal crimes, drug trafficking and
organized crime.
(f)
Allocating electronic frequencies for radio, TV and other purposes,
according to the BH Constitution.
(g) Making
energy policy, including inter-cantonal
distribution matters, and providing and maintaining the related
infrastructure.
(h)
Financing activities of or under the aegis of the Federal Government by
taxation, borrowing, or other means.
ARTICLE 2
Both the Federation Government and the Cantons are to have
responsibilities for the following: chanroblesvirtualawlibrary
(a) Guaranteeing and enforcing
human rights;
(b) Health;
(c) Environmental
policy;
(d) Infrastructure for
communications and transport, according to the Constitution of Bosnia
and Herzegovina.
(e) Social welfare
policy;
(f)
Implementing laws and regulations concerning citizenship;
(g) Implementing
laws and regulations concerning citizenship and
passports of citizens of Bosnia and Herzegovina from the Federation
territory, and on foreigners staying and movement.
(h) Tourism; and
(i) Use of
natural resources.
ARTICLE 3
As appropriate, the responsibilities in ARTICLE 2 may be exercised
jointly or separately, or by the Cantons as coordinated by the
Federation Government.
Accordingly, the Cantons and the Federation Government shall consult
one another on an ongoing basis with regard to these responsibilities.
In exercising these responsibilities in accordance with this
Constitution and Decisions of the Federation Legislature, the
Federation shall act with respect for Cantonal prerogatives, the
diverse situations of the Cantons and the need for flexibility in
implementation when enacting laws and regulations binding throughout
the Federation. The Federation Government accordingly has the right to
make policy and enact laws concerning each of these responsibilities.
In exercising these responsibilities in accordance with this
Constitution and their respective Cantonal constitutions, the Cantons
shall act with respect for inter-Cantonal comity, for coordinated
approaches to inter-Cantonal matters, and for consistency on matters
implicating interests outside their respective borders and shall
enforce, complement, and as necessary, elaborate upon Decisions of the
Legislature. The Cantons have the right to make policy and enact laws
accordingly concerning each of these responsibilities.
ARTICLE 4
The Cantons shall have all responsibility not expressly granted to the
Federation Government. They shall have, in particular, responsibility
for:cralaw:red
(a) Establishing and controlling police
forces, which shall have identical Federation uniforms, with Cantonal
insignia.
(b) Making education
policy, including decisions concerning the regulation and provision of
education.
(c) Making and
conducting cultural policy.
(d) Making housing
policy, including decisions concerning the regulation and provision of
housing.
(e) Making policy
concerning the regulation and provision of public services.
(f) Regulating local
land use, including by zoning.
(g) Regulating and
promoting local business and charitable activities.
(h) Regulating and
ensuring the availability of local energy production facilities.
(i) Making policy
concerning radio and television facilities, including decisions
concerning regulation and provision thereof.
(j) Implementing social
welfare policy and providing social welfare services.
(k) Establishing and
implementing Cantonal tourism policy; developing tourism resources.
(l) Financing activities
of or under the aegis of the Cantonal government by taxation,
borrowing, or other means.
IV. STRUCTURE OF THE FEDERATION
GOVERNMENT
A. The Legislature
a) The legislative authority in the Federation of Bosnia and
Herzegovina shall be exercised by the House of Representatives and the
House of Peoples.
1. The House of Representatives
ARTICLE 1
(1) A minimum number of 4 representatives of one constituent people
shall be represented in the House of Representatives.
(2) The House of Representatives shall consist of ninety-eight
delegates.
ARTICLE 2
The term of Members of the House of Representatives shall be four
years, unless the House is dissolved in accordance with this
Constitution.
ARTICLE 3
(1) Members of the House of Representatives shall be elected
democratically by eligible voters in a direct, Federation-wide
election. Each voter shall be eligible to cast a single, secret ballot
for any registered party. Each party receiving at least five percent
(5%) of the total valid votes cast shall be allocated a number of seats
proportional to its percentage of the vote received.
(2) Before each election, each registered party shall publish a list of
candidates. The Members of the House of Representatives from each party
shall be the persons highest on that party's list; replacements for
Members shall be the persons highest of the remainder on that
list. chanroblesvirtualawlibrary
ARTICLE 4
Any eligible voter may serve as a Member of the House of
Representatives.
ARTICLE 5
The House of Representatives shall first be convened not later than
twenty days after the results of the election have been promulgated.
2. The House of Peoples
ARTICLE 6
Composition of the House of Peoples and Selection of Members
(1) The House of Peoples of the Federation Parliament shall be composed
on a parity basis so that each constituent people shall have the same
number of representatives.
(2) The House of Peoples shall be composed of 58 delegates; 17
delegates from among each of the constituent peoples and 7 delegates
from among the Others.
(3) Others have the right to participate equally in the majority voting
procedure.
ARTICLE 7
The term of Delegates to the House of Peoples shall be four years,
unless the House is dissolved in accordance with the Constitution.
ARTICLE 8
(1) Delegates to the House of Peoples shall be elected by the Cantonal
Assemblies from among their representatives in proportion to the ethnic
structure of the population.
(2) The number of delegates to the House of Peoples to be elected in
each Canton shall be proportional to the population of the Canton,
given that the number, structure and manner of election of delegates
shall be regulated by law.
(3) In the House of Peoples there shall be at least one Bosniac, one
Croat, one Serb from each Canton which has at least one such delegate
in its legislative body.
(4) Bosniac delegates, Croat delegates and Serb delegates from each
Canton shall be elected by their respective representatives, in
accordance with the election results in the legislative body of the
Canton, and the election of delegates from among the Others shall be
regulated by law.
(5) No delegate of the House of Representatives or councilor of the
Municipal Council may serve as a member of the House of Peoples.
ARTICLE 9
[deleted]
ARTICLE 10
The House of Peoples shall first be convened no later than twenty days
after the Cantonal Legislatures are elected.
3. General
ARTICLE 11
(1) Each House shall adopt by a majority vote its Rules of Procedure
and elect, from among its members, a Speaker (Chairman) and two Deputy
Speakers (Deputy Chairmen) of the Chamber, who may not come from among
the same constituent people or from among the Others. chanroblesvirtualawlibrary
ARTICLE 12
Each House shall deliberate publicly, other than in exceptional
circumstances as provided in its rules, and shall publish a record of
its deliberations and decisions.
ARTICLE 13
Members and Delegates of the Federation Legislature shall not be held
criminally or civilly liable for any acts carried out within the scope
of their duties in the Legislature of the Federation.
ARTICLE 14
Legislators shall be compensated as provided in legislation.
Compensation shall not be increased or decreased during a legislative
term except for cost of living adjustments.
ARTICLE 15
Each House is expected to reject or approve necessary legislation
within a reasonable time of its approval in the other House. When the
Prime Minister decides that one House is delaying its disposition of
such legislation unduly, he may convene a joint conference, comprising
up to ten members from each House of the Legislature, to develop within
ten days a position acceptable to both Houses.
ARTICLE 16
(1) When the President decides that the Legislature is unable to
enact necessary legislation, he may with the concurrence of the
Vice-President dissolve either or each House of the Legislature,
provided that a House may not be dissolved within one year of being
first convened.
(2) The President shall dissolve the Legislature when it fails to adopt
the budget of the Federation before the start of the budgetary period.
4. Decisions of the Legislature
ARTICLE 17
Unless provided otherwise in the Constitution, decisions of the
Legislature require the approval of each House of the Legislature,
except for rules pertaining only to one House and declarations made by
it.
5. Definition of vital interests
ARTICLE 17a
Vital national interests of constituent peoples are defined as follows:cralaw:red
- exercise of the rights of
constituent peoples to be adequately represented in legislative,
executive and judicial authorities;chanroblesvirtualawlibrary
- identity of one constituent
people;chanroblesvirtualawlibrary
- constitutional amendments;chanroblesvirtualawlibrary
- organisation of public
authorities;chanroblesvirtualawlibrary
- equal rights of constituent
peoples in the process of decision-making;chanroblesvirtualawlibrary
- education, religion,
language, promotion of culture, tradition and cultural heritage;chanroblesvirtualawlibrary
- territorial organisation;chanroblesvirtualawlibrary
- public information system,
and other issues treated as of vital national interest if so claimed by
2/3rd of one of the caucuses of the constituent peoples in the House of
Peoples.
6. Parliamentary procedure for the protection of vital interests
ARTICLE 17b
(1) Laws or other regulations or acts introduced into the House of
Representatives of the Federation of Bosnia and Herzegovina shall also
be adopted in the House of Peoples of the Federation of Bosnia and
Herzegovina.
(2) A Vital Interest Panel shall be established in the Constitutional
Court deciding issues of vital interest, in the procedure in
accordance with this Constitution. This Panel shall consider all issues
of vital interests.
(3) The Vital Interest Panel shall be composed of 7 members, 2 from
each constituent people and 1 from the group of Others. The judges
shall be elected by the House of Representatives and the House of
Peoples.
ARTICLE 18
Procedure for Laws related to a vital interest as defined in the list
of amendment XXXVII
1. If more than one Chairman or
Vice-Chairman of the House of Peoples claims that a law comes within
the list of vital national interest as defined in Amendment XXXVII of
the Constitution of the Federation of BiH, the law shall be put on the
agenda of the HoP as a vital interest issue.
2. If only one Chairman or Vice-Chairman claims
that the law falls within this list, of, a two thirds of the respective
caucus of the House of Peoples may declare the issue concerned to be of
a vital national interest. In this case the procedure followed is the
one outlined under Amendment XL.
3. The Chairman and Vice-Chairmen of the House
of Peoples have one week within which to decide.
4. If a majority of each caucus represented in
the House of Peoples vote in favour of such laws or other regulations
or acts these are deemed to be adopted. chanroblesvirtualawlibrary
5. If the House of Peoples agrees on
amendments, the law, regulation or act is resubmitted to the House of
Representatives for approval.
6. If no agreement can be reached in the House
of Peoples or if approval is not given to proposed amendments, a Joint
Commission composed of representatives of the House of Representatives
and the House of Peoples shall be established. The Joint Commission
shall be composed on a parity basis and shall decide by consensus. The
Joint Commission shall seek to achieve the harmonisation of the terms
of the law. If the terms are harmonised, the law shall be deemed to be
adopted.
7. If no such harmonisation can be effected the
law shall fail and the document shall be returned to the proponent for
a new procedure. In that event the proponent may not resubmit the
original law, regulation or act.
ARTICLE 18a
Procedure for Laws related to a vital interest if so decided by 2/3rd
of one of the caucuses of the Constituent peoples in the House of
Peoples
1. In the event that two thirds of one of
the caucuses of the constituent peoples in the House of Peoples decides
that a law, regulation or act affects a vital national interest the law
shall be considered by the House of Peoples.
2. If a majority of each caucus represented in
the House of Peoples vote in favour of such laws or other regulations
or acts these are deemed to be adopted.
3. If the House of Peoples agrees on
amendments, the law, regulation or act is resubmitted to the House of
Representatives for approval.
4. If no harmonisation can be established by
the Joint Commission referred to in Amendment XXXIX, the Constitutional
Court of the Federation of Bosnia and Herzegovina shall be addressed to
decide finally whether the law in question relates to a vital interest
of a constituent people.
5. A Vital Interest Panel of the Constitutional
Court of the Federation of BiH shall decide by a 2/3rd majority within
one week on the admissibility of such cases and within one month on the
merits of cases held to be admissible.
6. In the event that the procedure under this
Amendment is triggered by a 2/3 majority of one of the caucuses, the
vote of at least two judges is needed for the Court to decide that it
is a vital interest. chanroblesvirtualawlibrary
7. If the Court decides in favour of a vital
national interest, the law, other regulation or act shall fail and the
document shall be returned to the proponent for a new procedure. In
that event the proponent may not resubmit the original law, regulation
or act.
8. In the event the Court decides that no vital
interest is involved, the law is deemed to be adopted/shall be adopted
by simple majority.
ARTICLE 19
Other Decisions shall be taken by a simple majority in each House
except as otherwise provided in the rules of that House or in this
Constitution.
7. Powers of the Legislature
ARTICLE 20
(1) In addition to other powers specified in the Constitution, the
Legislature shall have responsibility for:cralaw:red
(a) electing the Federation President and two Vice-Presidents, as
provided in ARTICLE IV.B.2 of this Constitution;chanroblesvirtualawlibrary
(b) requesting in accordance with ARTICLE IV.B.3(1) of this
Constitution that the Constitutional Court decide whether to remove the
President or one of the Vice-Presidents;chanroblesvirtualawlibrary
(c) approving by a majority vote the Cabinet;chanroblesvirtualawlibrary
(d) enacting laws to exercise responsibilities allocated to the
Federation Government, which shall take effect as specified therein but
no sooner than when promulgated in the Official Journal;chanroblesvirtualawlibrary
(e) [deleted];chanroblesvirtualawlibrary
(f) authorizing Cantons to conclude agreements with
states and international organizations, if approved by the
Parliamentary Assembly of Bosnia and Herzegovina, except to the extent
that the Parliamentary Assembly of Bosnia and Herzegovina
provides by law that certain types of agreements do not require such
approval.
(g) chanroblesvirtualawlibrary
(h) approving agreements with states and international
organizations, by a majority vote, with the previous consent of the
Parliamentary Assembly of Bosnia and Herzegovina, except to the extent
that the Parliamentary Assembly of Bosnia and Herzegovina
provides by law that certain types of agreements do not require such
approval.
(i) financing the armed forces of the
Federation and approving nominations of officers as provided in ARTICLE
IV.B.8 of this Constitution;chanroblesvirtualawlibrary
(j) adopting the budget of the Federation and
enacting legislation to levy taxes and otherwise secure the necessary
financing; and
(k) performing such other responsibilities as are conferred
upon it.
ARTICLE 21
Either House may conduct investigations and for this purpose may compel
the production of testimony and documents.
B. The Federation Executive
1. The President and the Vice-President
ARTICLE 1
The President of the Federation shall have two Vice-Presidents who
shall come from different constituent peoples. They shall be elected in
accordance with this Constitution.
ARTICLE 2
(1) In electing the President and two Vice-presidents of the
Federation, at least one third of the delegates of the respective
Bosniac, Croat or Serb caucuses in the House of Peoples may nominate
the President and two Vice-presidents of the Federation.
(2) The election for the President and two Vice-presidents of the
Federation shall require the joint approval of the list of three
nominees, by a majority vote in the House of Representatives, and then
by a majority vote in the House of Peoples, including the majority of
each constituent people’s caucus.
(3) If no list of the nominees receives the required majority in both
Houses the procedure shall be repeated.
(4) If one of the Houses rejects the joint nominees’ list in the
repeated procedure as well, it shall be considered that the nominated
persons have been elected by approval of the list in only one house.
(5) The President and two Vice-presidents of the Federation shall be
elected for a four-year term of office.”chanroblesvirtualawlibrary
ARTICLE 3
(1) The President or a Vice-President may be removed by a decision
of the Constitutional Court, acting pursuant to a Decision of the
Legislature, adopted by a two-thirds majority vote of each House, that
the official has violated the oath of office or is otherwise unworthy
to serve. chanroblesvirtualawlibrary
(2) If either the President or a Vice-President dies, is removed
from office, or, in the opinion of the Cabinet acting by consensus, is
permanently unable to fulfill the duties of the office, the procedure
provided in ARTICLE 2 shall be followed within thirty days by the
caucus which nominated the person to be replaced, to fill the vacancy
for the remainder of the original term.
2. The Cabinet
ARTICLE 4
Minimum representation in the Government of the Federation of Bosnia
and Herzegovina in a transitional period until Annex 7 is fully
implemented
(1) The Government of the Federation (Prime Minister/President of the
Government and 16 ministers) shall be composed of 8 Bosniac, 5 Croat
and 3 Serb ministers. One Other may be nominated by the Prime
Minister/President of the Government from the quota of the largest
constituent people. The Government shall have a Prime
Minister/president of the Government who shall have two Deputy Prime
Ministers from different constituent peoples selected from among the
Ministers.
(2) After Annex 7 is fully implemented, a minimum of 15% of the members
of the Government must come from one constituent people. A minimum of
35% of the members of the Government must come from two constituent
peoples. One member of the Government must come from the group of the
Others.
ARTICLE 5
Election of the
Government
(1) President of the Federation, in agreement with both Vice-presidents
of the Federation, shall appoint the Government of the Federation –
upon consultation with the Prime Minister or a nominee for that office.
The Government shall be elected after its appointment has been
confirmed by a majority vote of the House of Representatives of the
Federation. Any vacancy shall be filled under the same
procedure. chanroblesvirtualawlibrary
(2) If the House of Representatives does not confirm the appointment of
the Government, the President of the Federation in agreement with the
Vice-presidents of the Federation, and upon consultation with the Prime
Minister or a nominee for that office, shall repeat the procedure
referred to in Paragraph 1 of this ARTICLE.
(3) The Cabinet may be removed either by the President with the
concurrence of the Vice-President, or by a vote of no confidence
adopted by a majority in each House of the Legislature. The President
shall remove Ministers upon the proposal of the Prime Minister.
ARTICLE 6
[deleted]
3. Distribution of Executive Competencies.
ARTICLE 7
Except as specifically provided in this Constitution:cralaw:red
(a) The President shall be responsible for:cralaw:red
(i) nominating the Government, heads of
diplomatic missions, officers
of the military, and judges of the Constitutional Court of the
Federation upon proposal of candidates by the High Judicial and
Prosecutorial Council, in accordance with ARTICLEs IV.B.5, IV.B.8,
and IV.C.6;
(ii) [deleted]
(iii) conducting
consultations concerning the appointment of Ombudsmen and Judges in
accordance with ARTICLE II.B.2 and IV.C.9;
(iv) signing Decisions
of the Legislature upon their enactment by the
Legislature in accordance with ARTICLEs IV.A.17, 18, and 19;
(v) signing and
ratifying international agreements on behalf of the Federation,
(vi)
(viii) granting
reprieves and pardons for offenses against Federation
law, except for war crimes, crimes against humanity, and genocide.
(b) The Vice-Presidents shall be responsible for:cralaw:red
(i) replacing the President in the circumstances specified in ARTICLE 3
of this Sub-Chapter;chanroblesvirtualawlibrary
(ii) acting with the President in those situations in which the latter
is required to seek his concurrence; and
(iii) carrying out such responsibilities assigned to him by the
President or by legislation.
(c) The Prime Minister shall be responsible for:cralaw:red
(i) executing and enforcing Federation
Government policies and laws,
including by ensuring that the Federation Government executes judicial
decisions;
(ii) proposing removals
to the President as provided in ARTICLE IV.B.5(2);
(iii) proposing and
making recommendations concerning legislation; and
(iv) preparing budgetary
proposals of the Legislature.
(d)
(e) The Deputy Prime Ministers shall be responsible for:cralaw:red
(i) serving as a Minister;
(ii) assisting the Prime
Minister in executing and enforcing laws and policies of the Federation;
(iii) deciding whether
to seek the opinion of the Constitutional Court; and
(iv) serving as Prime
Minister when the latter is unable to serve or
the position is vacant, until a new Prime Minister takes office.
(f) Each Minister shall be responsible for:cralaw:red
(i) executing Federation Government
policies and enforcing Federation
Government laws within the scope of his Ministry or as assigned by the
Prime Minister;
(ii) proposing and
making recommendations concerning legislation within
the scope of his Ministry or as assigned by the Prime Minister;
(iii) directing,
coordinating, and supervising the activities of his Ministry;
(iv) issuing notices,
instructions, directives, and regulations to
facilitate the implementation and administration of laws concerning his
Ministry and those affecting matters assigned to him by the Prime
Minister, subject to this Constitution and the law of the Federation;
(v) formulating,
explaining, and analyzing budgetary proposals
concerning his Ministry or, at the request of the Prime Minister, other
matters;
(vi) responding to
inquiries from either House of the Legislature
concerning matters within his Ministry or any other matters assigned to
him by the Prime Minister; and
(vii) assisting the
Prime Minister in executing and enforcing Federation Government
policies and laws; and
(viii) deciding whether
to approve the invocation of the procedures described in ARTICLE
IV.B.6(1).
(g) [deleted]
ARTICLE 8
[deleted]
ARTICLE 9
The Government is authorized to promulgate decrees having the force of
law in response to national emergencies when the Legislature is unable
to do so. chanroblesvirtualawlibrary
Decrees shall take effect in the same manner as a Decision of the
Legislature and may not derogate from the rights and freedoms provided
in this Constitution. Each decree shall terminate no later than the end
of the thirtieth day after its promulgation, provided that it shall
terminate immediately upon disapproval by a Decision of the Legislature
or at the end of the tenth day after its promulgation if the
Legislature is in session when the decree is promulgated. A decree
promulgated while the Federation is using armed force in accordance
with this Constitution shall remain in force until the fifth day of the
next session of the Legislature, when it shall expire unless approved
but in no event more than six months. After termination, a decree shall
not be extended, reinstated, or repeated without a Decision of the
Legislature to that effect.
4. Immunities
ARTICLE 10
[deleted]
C. The Judiciary
1. General Provisions Concerning All Courts
ARTICLE 1
chanroblesvirtualawlibrary
(1) The judicial functions in the Federation shall be exercised by the
courts of the Federation specified in paragraph (2), by the Cantonal
courts specified in ARTICLE V.ll and by the Municipal courts specified
in ARTICLE VI.8.
(2) The Courts of the Federation shall be:cralaw:red
(a) The Constitutional Court;chanroblesvirtualawlibrary
(b) The Supreme Court; and
(c) deleted
ARTICLE 2
All organs of government shall carry out and assist in implementing
judgments and orders of all courts referred to in this Constitution.
ARTICLE 3
Except as otherwise specified in this Constitution, such rules of
procedure as may be necessary to ensure uniformity with regard to due
process and the basic principles of justice in the proceedings of all
courts and organization of all courts shall be established by laws
of the Federation; a Cantonal legislature may adopt any complementary
rules to govern the courts of that Canton and of Municipalities
therein. Subject to such rules, each court may organize itself and
adopt any subsidiary rules.
ARTICLE 4 chanroblesvirtualawlibrary
(1) All judicial power in the Federation shall be exercised
independently and autonomously.
(2) Courts shall ensure that all parties to legal
proceedings are treated equally.
(3) The Judiciary is autonomous and independent from the
executive and legislative powers of the Federation.
(4) The High Judicial and Prosecutorial Council of the
Federation of Bosnia and Herzegovina shall ensure the autonomy,
independence, impartiality, competence and efficiency of the judiciary
and of the prosecutorial service in the Federation. The
responsibilities of the High Judicial and Prosecutorial Council shall
include, but shall not be limited to, the appointment, discipline and
removal of judges, apart from the Judges of the Constitutional Court of
the Federation, and shall also include prosecutors and deputy
prosecutors in the Federation. The composition and additional
responsibilities of the High Judicial and Prosecutorial Council
shall be defined by law.
(5) Unless otherwise provided by legislation for certain
exceptional situations, all court proceedings shall be open. All
judgments shall be announced publicly.
2. General Provisions Concerning the Courts of the Federation
ARTICLE 5
(1) All Judges of all the Courts of the Federation shall be
distinguished jurists of the highest moral standing.
(2) Judges of the Federation shall not be held criminally or civilly
liable for any acts carried out within the scope of their respective
authority. chanroblesvirtualawlibrary
ARTICLE 6
(1) The Judges of the Supreme Court, including the Court
President, shall be selected, appointed, disciplined and removed by the
High Judicial and Prosecutorial Council in accordance with law.
(2) The Judges of the Constitutional Court shall be
nominated by the President of the Federation with the concurrence of
the Vice-Presidents, and shall require for appointment the approval of
a majority of the present and voting members of the House of
Peoples.
(3) Judges of the Supreme Court, apart from reserve judges,
shall, save as hereinafter set out, be appointed for life subject to
resignation, retirement or removal for cause by the High Judicial and
Prosecutorial Council in accordance with the law. Judges of the Supreme
Court may likewise exceptionally cease to hold office pursuant to a
selection process following restructuring of the Supreme Court
during the transitional period to be defined in the Law establishing
the High Judicial and Prosecutorial Council of the Federation. The
mandatory retirement age for Judges of the Supreme Court shall be
defined by Law. chanroblesvirtualawlibrary
(4) The Judges of the Constitutional Court shall serve
until 70 years of age, unless they resign or they are removed for cause
by consensus of the Judges of the same Court.
ARTICLE 7
(1) The salary and other emoluments of a Judge may not be
diminished during the period of his/her judicial office except as a
result of disciplinary proceedings in accordance with law.
(2) The salaries and other terms of service, including the
immunity of all the Judges of the Courts of the Federation shall be
determined by law.
ARTICLE 8
(1) There shall be established a Judicial Police to assist each
Federation Court in securing information, in ensuring the presence of
witnesses and the transport of accused persons, in maintaining the
decorum of courtrooms and the security of court premises, and in
carrying out court orders.
(2) The overall composition of the Judicial Police shall reflect that
of the population of the Federation, and for any local units that of
the relevant Canton or Municipality.
(3) The President of the Supreme Court shall be responsible for the
management of the Judicial Police. chanroblesvirtualawlibrary
(4) The President of the Supreme Court shall promulgate arrangements
under which the Judicial Police may assist any Ombudsman, at his
request, in the performance of his duties.
3. The Constitutional Court
ARTICLE 9
The Constitutional Court shall be composed of nine judges, of whom at
least two come from all three constituent people each and one from the
group of the Others.
ARTICLE 10
(1) The primary function of the Constitutional Court shall be to
resolve disputes:cralaw:red
(a) between any Cantons;
(b) between
any Canton and the Federation Government;
(c)
between any city, its Canton or the Federation Government;
(d) between any
municipality and any city;
(e) between any
Municipality and its Canton or the Federation Government; and
(f) between or within
any of the institutions of the Federation Government.
(2) The Constitutional Court shall:cralaw:red
(a) At the request of the President, of the Vice-President, of the
Prime Minister, of the Deputy Prime Minister, or of one-third of the
members of either House of the Legislature, determine whether any
proposed law that has been adopted by either House of the Legislature,
or any law or proposed law that has been adopted by each House of the
Legislature, is in accord with this Constitution;chanroblesvirtualawlibrary
(b) At the request of the Prime Minister, of the canton concerned, or
of one-third of the members of the Legislature of a Canton, determine
whether any law or proposed law that has been adopted by that
Legislature (including the Cantonal Constitution and any amendments
thereto), is in accord with this Constitution.
(c) At the request of the President, of the Vice-President, of the
Prime Minister, of the Deputy Prime Minister, determine whether any
regulation enacted or proposed regulation to be enacted by any organ of
the Federation Government is in accord with this Constitution.
(d) At the request of the Prime Minister, of the canton concerned,
determine whether any proposed law that has been adopted by a body of
the Canton, city or municipality authority, is in accord with this
Constitution.
(3) The Constitutional Court shall also decide
constitutional questions presented by the Supreme Court or a Cantonal
court that arise in the course of a proceeding currently pending before
that Court.
The Constitutional Court shall decide questions, which arise under
legislation regulating immunity in the Federation.
ARTICLE 11
Whenever the Supreme Court or a Cantonal court should consider, in the
course of a proceeding currently pending before such court, that an
applicable law is not in accord with this Constitution, it shall stay
the proceeding and present the question to the Constitutional Court in
accordance with ARTICLE 10(3).
ARTICLE 12
Decisions of the Constitutional Court shall be final and binding. In
particular:cralaw:red
(a) If the Court decides a dispute pursuant to ARTICLE 10(1), all
parties to the dispute shall abide by that decision and comply with any
orders of the Court issued in the course of or at the end of the
proceeding;chanroblesvirtualawlibrary
(b) If the Court determines that a law or regulation or proposed law or
regulation of the Federation or of any Canton or of any Municipality is
not in accord with this Constitution, such law or proposed law shall
not remain or enter into force, except if altered in such a manner as
specified by the Court or unless the Court specifies some transitional
arrangements which may not extend to a period in excess of six months;chanroblesvirtualawlibrary
(c) If the Court decides a constitutional question presented to it
pursuant to ARTICLE 10(3), its response shall be binding on the Court
that presented the question in respect of the proceeding in the course
of which it arose and shall also have the effect specified in (b).
ARTICLE 13
(1) In any proceeding pursuant to ARTICLE 10(1), both parties to the
dispute are entitled to be represented. The Court may also permit other
governmental entities that it considers as interested in the dispute to
participate in the proceeding.
(2) In any proceeding pursuant to ARTICLE 10(2), the person or persons
who requested the Court's determination are entitled to be represented,
as well as a representative of the House or Legislature that has
adopted the law in question.
(3) In any proceeding pursuant to ARTICLE 10(3), all parties to the
proceeding that gave rise to the constitutional question at issue are
entitled to be represented.
4. The Supreme Court
ARTICLE 14
The Supreme
Court shall have a number of Judges determined from time to time by
Federation legislation but no fewer than nine. chanroblesvirtualawlibrary
ARTICLE 15
(1) The Supreme Court shall be the highest court of appeals of the
Federation, including appeals from Cantonal courts, in respect of
matters involving questions concerning the Constitution, laws or
regulations of the Federation and others as provided for in Federation
legislation, except those within the jurisdiction of the Constitutional
Court.
(2) The Supreme Court shall also have such original jurisdiction as is
provided by Federation legislation.
ARTICLE 16
Judgments of the Supreme Court shall be final and binding. In
particular Judgments as well as any orders of the Court in respect to
appeals submitted pursuant to ARTICLE 15(1) shall be binding on the
parties to the proceeding as well as on the court from which the appeal
in question was taken.
ARTICLE 17
When the Court is exercising original jurisdiction pursuant to ARTICLE
15(2) it shall have, in addition to any powers specifically provided by
the legislation pursuant to which it is acting, the same powers that
other courts of original jurisdiction have pursuant to the laws
referred to in ARTICLE 3(1) of this Sub-Chapter.
5. The Human Rights Court
ARTICLE 18
(1) The Human Rights Court shall consist of three Judges, one Bosniac,
one Croat and one Other.
(2) If the Court concludes that its business requires the participation
of more judges to avoid undue delays in the disposition of cases, the
Federation Legislature shall by legislation provide for the appointment
of additional judges, in accordance with the above-specified proportion.
ARTICLE 19
The competence of the Human Rights Court shall extend to any question
concerning a constitutional or other legal provision relating to human
rights or fundamental freedoms or to any of the instruments listed in
the Annex. The Court shall have jurisdiction over cases commenced after
1 January 1991. chanroblesvirtualawlibrary
ARTICLE 20
Any party to an appeal in which another court of the Federation or any
Canton has pronounced a judgment that is not subject to any other
appeal (for a reason other than the lapse of a time limit for which the
moving party is responsible), may appeal such judgment to the Court on
the basis of any question within its competence. The Court may issue
orders or other relief it deems appropriate. The decision of the Court
shall be final and binding.
ARTICLE 21
(1) An appeal may also be taken to the Court if a proceeding is pending
for an unduly long time in any other court of the Federation or any
Canton.
(2) The Court shall decide whether to accept such an appeal after a
preliminary consideration of whether the proceeding in the other court
has been pending too long and whether the subject of the appeal is
within its competence.
(3) The Court may make other provisions for expediting proceedings.
ARTICLE 22
The Constitutional Court and the Supreme Court or any Cantonal court
may, at the request of any party to an appeal pending before it, or on
its own motion in relation to such an appeal, address to the Human
Rights Court a question arising out of the appeal if the question
relates to any matter within the competence of that Court. The response
of the Court is binding on the requesting court.
ARTICLE 23
(1) The Human Rights Court shall regulate its own procedures and its
organization.
(2) Each panel of the Court is to have the composition specified for
the Court in ARTICLE 18(1).
(3) The Court shall allow written and oral pleadings in every
proceeding pursuant to ARTICLEs 20-22.
D. Distribution of key functions in the Federation Authority Structure
ARTICLE 1
The Prime Minister and the Deputy Prime Ministers may not come from the
same constituent people.
Out of the following positions not more than two may be filled by
representatives of any one constituent people or of the group of the
Others:cralaw:red
1. Prime
Minister/President of the Government
2.
Speaker of the House of Representatives
3.
Speaker of the House of Peoples
4.
President of the Supreme Court
5.
President of the Constitutional Court
6.
Federation Prosecutor.
ARTICLE 1a
Following the election of the Legislature of the Federation and
appointment of the Prime-Minister, the Speaker of the House of
Representatives, the Speaker of the House of Peoples, the President of
the Constitutional Court, the President of the Supreme Court and the
Prosecutor of the Federation of Bosnia and Herzegovina shall be chosen
in accordance with the distribution of functions provided in ARTICLE
IV.D.1. chanroblesvirtualawlibrary
V. THE CANTONAL GOVERNMENTS
1. General Provisions
ARTICLE 1
Each Canton shall, in carrying out its responsibilities as described in
ARTICLEs III.2 and 4 of this Constitution:cralaw:red
(a) take all necessary steps to ensure the protection of the rights and
freedoms listed in Sub-Chapter II.A and provided in the instruments
listed in the Annex to this Constitution and shall act consistently
with this Constitution.
(b) exercise its responsibilities with due regard to the population in
each Municipality.
(c) ensure that constituent peoples and members of the group of Others
shall be proportionally represented in Ministries of the Cantons. Such
proportionate representation shall follow the 1991 census until Annex 7
is fully implemented.
ARTICLE 2
(1) Each canton may confer its responsibilities to a municipality or
city in its territory, or to the federal authority.
(2) Each Canton may delegate functions concerning education, culture,
tourism, local business and charitable activities, and radio and
television to a municipality or city in its territory, and is
obliged to do so if the majority of population in the municipality or
city is other that of the Canton as a whole.
(3) Each Canton may enter into agreements with states and international
organizations, with the approval of the Federation Assembly and the
Parliamentary Assembly of Bosnia and Herzegovina, except to the
extent that the Parliamentary Assembly of Bosnia and Herzegovina
provides by law that certain types of agreements do not require its
approval.
ARTICLE 3
Cantons [deleted] may establish Councils of Cantons in order to
coordinate policies and activities on matters of common interest to
their communities and to advise their representatives in the House of
Peoples. These may include coordinating bodies, such as commissions and
working groups, to share information and harmonize the Cantons'
respective actions in implementing their responsibilities, but may not
include military or political arrangements.
ARTICLE 4
Each Canton shall have a constitution, which shall provide for:cralaw:red
(a) the institutions described below; and
(b) the protection of the rights and freedoms described in this
Constitution;chanroblesvirtualawlibrary
and shall be consistent with this Constitution.
2. The Cantonal Legislatures
ARTICLE 5
(1) Each Canton shall have a Legislature consisting of one House
comprising a number of Legislators determined in proportion to its
population.
(2) The term of Cantonal Legislators shall be four years.
(3) Cantonal Legislators shall be elected democratically by the
eligible voters in a direct, Canton-wide election. Each voter shall be
eligible to cast a single, secret ballot for any registered party.
(4) Before each election, each registered party shall publish a list of
candidates. Each party's Cantonal Legislators shall be selected from
the persons highest on that party's list; replacements for Legislators
shall be made from the highest of the remainder on that list.
(5) Any eligible voter is eligible to serve as a Cantonal Legislator.
(6) The Cantonal Legislatures shall first be convened not later than
ten (10) days after the results of the election have been promulgated.
ARTICLE 6
The Cantonal Legislature shall:cralaw:red
(a) prepare and by a two-thirds majority vote approve the Cantonal
Constitution;chanroblesvirtualawlibrary
(b) [deleted]
(c)
(d) [deleted]
(e) enact other legislation necessary to carry out the Canton's
responsibilities; and chanroblesvirtualawlibrary
(f) approve the Canton's budget and enact legislation to levy taxes and
otherwise secure the necessary financing.
ARTICLE 7
(1) Each Cantonal Legislature shall, by a majority vote, adopt
rules of procedure.
(2) A caucus of a constituent people shall be established, provided
there is at least one delegate of such constituent people in the
Cantonal Legislature.
(3) Each caucus shall nominate one candidate from among its members for
the post of Chairman or Vice-Chairman, who must be confirmed by the
Cantonal Legislature.
(4) The Cantonal Legislature shall confirm the candidates in accordance
with its Rules of Procedure. In the event that a constituent people is
not represented in the Legislature, one of the positions of
Vice-Chairman shall remain vacant.
(5) The three candidates confirmed by the Cantonal Assembly shall
decide among themselves who shall occupy the post of Chairman.
(6) Cantonal Legislatures shall deliberate publicly, other than in
exceptional circumstances as provided in their rules, and shall publish
a record of their deliberations and decisions.
(7) Laws of the Cantonal Legislatures shall take effect as
specified therein but no sooner than when disseminated to the public;chanroblesvirtualawlibrary
(8) Legislators in the Cantonal Legislatures shall not be held
criminally or civilly liable for any acts carried out within the scope
of their duties in the Cantonal Legislatures.
(9) Cantonal Legislatures may conduct investigations and for this
purpose may compel the production of testimony and documents.
Vital interest protection mechanism
ARTICLE V.2.7a
1) Vital interests of constituent peoples to be
protected in the Cantons shall be those defined in ARTICLE IV.5.17.a of
this Constitution. The caucuses referred to in ARTICLE IV.5.17.a of
this Constitution shall, for the purpose of the Cantons, be the
caucuses established in accordance with ARTICLE V.2.7., paragraph 2 of
this Constitution.
2) If more than one Chairman or Vice-Chairman of a
Cantonal Legislature claims that a law comes within the list of vital
interests as defined in the list of ARTICLE IV.5.17.a of this
Constitution, adoption of such law shall require:cralaw:red
- a majority vote within each
caucus of the constituent peoples represented in the given Cantonal
Legislature.
3) The Chairman and Vice-Chairmen of the Cantonal
Legislature must decide, within one week, whether a law, regulation or
act comes within the list referred to in Paragraph 2 of this
ARTICLE. chanroblesvirtualawlibrary
4) If only one Chairman or Vice-Chairman claims that
a law, regulation or act falls within the list of vital interests, a
two-thirds majority of the respective caucus of one of the constituent
peoples of the given Cantonal Legislature may declare the issue
concerned to be an item within the list of vital interests.”
ARTICLE V.2.7b
1) In case a two-thirds majority of one of the
caucuses of the constituent peoples in the Cantonal Legislature decides
that a law, regulation or act affects a vital national interest,
adoption of such law, regulation or act shall require a majority vote
within each caucus of constituent peoples represented in the Cantonal
Legislature.
2)
If the majority referred to in Paragraph 1 of this ARTICLE is not
reached, the issue shall be referred to the
Constitutional Court of the Federation of Bosnia and Herzegovina, which
shall take a final decision whether the law, regulation or act in
question relates to a vital interest of a constituent people.
3) In such a case as described in this ARTICLE, the
Constitutional Court of the Federation shall proceed in the manner
provided for in ARTICLE IV.6.18.a of this Constitution.
4) If the Court decides in favour of a vital
interest, the law, regulation or act shall fail and the document shall
be returned to the proponent for a new procedure. In that event, the
proponent may not re-submit the original text of the law, regulation or
act.
5) In the event that the Constitutional Court decides
that no vital interest is involved, the law, regulation or act is
deemed to be adopted / shall be adopted by simple majority.
3. The Cantonal Executive
ARTICLE 8
(1) Constituent peoples and members of the group of Others
shall be proportionately represented in the Government. Such
proportionate representation shall follow the 1991 census until Annex 7
is fully implemented, in accordance with ARTICLE IX.11.a of this
Constitution”. chanroblesvirtualawlibrary
(2) A Cantonal Prime Minister candidate shall be nominated
by the Chairman of the Cantonal Legislature in consultation with the
Vice-Chairmen. The Prime Minister-candidate shall propose
Ministers. There shall be no Deputy Ministers.
(1) Ministers, together with the Prime Minister, constitute
the Cantonal Government. Approval of the Cantonal Government by
the Cantonal Legislature shall be by majority vote.
(2) Notwithstanding paragraph 3 of this ARTICLE, in cantons
where two or more constituent peoples each constitute greater than 30
percent of the cantonal population according to the last census, the
Government shall be approved by the Cantonal Legislature by a
two-thirds majority.
(3) The Government shall take office after approval by the
Cantonal Legislature.
ARTICLE 8 a
Ministers shall be responsible to the Prime Minister and to the
Cantonal Legislature. The Prime Minister shall also be
responsible to the Cantonal Legislature. chanroblesvirtualawlibrary
Ministers shall have ultimate responsibility for the work of their
respective Ministries.
The Government shall resign if, at any time, a vote of no confidence is
passed by the Cantonal Legislature.
ARTICLE 9
The Cantonal Government shall be responsible for:cralaw:red
(a) executing and enforcing Cantonal
policies and laws, pertinent
decisions of any Cantonal or federal court, and any responsibilities
assigned to the Canton by the Federation Government;
(b) preparing budgetary
proposals for the approval of the Cantonal Legislature;
(c) ensuring the
cooperation of the Cantonal Government with the Ombudsmen;
(d) supervising
[deleted] as well as the Cantonal Police; in particular, ensuring
compliance with ARTICLE 10 below; and
(e) performing other
duties as may be assigned in relevant legislation or the Cantonal
Constitution.
(f) All decisions taken
by the Government shall be by simple majority of those present and
voting.
ARTICLE 10
In exercising its responsibilities in respect to the cantonal police,
the Cantonal Government shall ensure that the composition of the police
shall reflect that of the population of the Canton, provided that the
composition of the police of each Municipality shall reflect the
composition of the latter. chanroblesvirtualawlibrary
4. The Cantonal Judiciary
ARTICLE 11
(1) Cantons shall have courts, which shall have appellate
jurisdiction over the courts of their Municipalities and original
jurisdiction over matters not within the competence of those courts and
as provided in legislation.
(2) Judges of Cantonal Courts, including the Court
Presidents, shall be selected, appointed, disciplined and removed by
the High Judicial and Prosecutorial Council in accordance with the
law. chanroblesvirtualawlibrary
(3) Judges of Cantonal Courts, apart from reserve judges,
shall be appointed for life subject to resignation, retirement or
removal for cause by the High Judicial and Prosecutorial Council in
accordance with the law of the Federation. Judges of Cantonal Courts
may likewise exceptionally cease to hold office pursuant to a selection
process following restructuring of cantonal courts during the
transitional period to be defined in the law establishing the High
Judicial and Prosecutorial Council. The mandatory retirement age for
Judges of Cantonal Courts shall be defined by Law of the Federation.
Terms of service, including immunity, of the Judges of Cantonal Courts
shall be determined by the law of the Federation. The salary and other
emoluments of a Judge may not be diminished during the period of
his/her judicial office except as a result of disciplinary proceedings
in accordance with law. chanroblesvirtualawlibrary
(4) Constituent peoples and Others shall be proportionately
represented in cantonal and municipal courts. Such representation shall
follow the 1991 census until Annex 7 is fully implemented, in
accordance with ARTICLE IX.11a of this Constitution.
[deleted]
VI. MUNICIPALITY GOVERNMENTS
ARTICLE 1
In carrying out its responsibilities, each Municipality shall: chanroblesvirtualawlibrary
(a) take all necessary steps to ensure the protection of the rights and
freedoms listed in Sub-Chapter VI.A and provided in the instruments
listed in the Annex to this Constitution.
(b) exercise its responsibilities with due regard to the composition of
its population.
(c) Constituent peoples and Others shall be proportionately represented
in municipal authorities. Such representation shall follow the 1991
census until Annex 7 is fully implemented, in accordance with ARTICLE
IX.11.a of this Constitution.
ARTICLE 2
(1) Each Municipality shall exercise self-rule on local matters.
(2) Each Municipality shall have a statute, which shall be consistent
with this Constitution, the constitution of its Canton, and conform to
any relevant Cantonal legislation. chanroblesvirtualawlibrary
ARTICLE 3
(1) Each Municipality shall have a Governing Council.
(2) The term of the members of Municipal Governing Councils shall be
four years, provided that the term of the first members of the
Municipal Governing Councils shall be one year.
(3) Municipal Councilors shall be elected democratically by the
eligible voters in a direct, Municipality-wide election. Each voter
shall be eligible to cast a single, secret ballot for any registered
party. Each party shall be allocated a number of seats proportional to
its percentage of the total of valid votes.
(4) Any eligible voter is eligible to serve as a Municipal Councillor.
ARTICLE 4
The Municipal Governing Council shall:cralaw:red
(a) prepare and by a two-thirds majority vote approve the Municipal
Statute Charter;chanroblesvirtualawlibrary
(b) elect the Municipal Executive;chanroblesvirtualawlibrary
(c) approve the Municipality's budget and enact regulations and
ordinances to levy taxes and otherwise secure the necessary financing
insofar as not provided by the Canton or the Federation Government; and
(d) enact other regulations and ordinances necessary to carry out the
Municipality's responsibilities.
ARTICLE 5
(1) Each Municipal Governing Council shall arrange for the selection of
the Municipal Executive and establish rules of procedure, subject to
federal and Cantonal legislation.
(2) Municipal Governing Councils shall deliberate publicly, other than
in exceptional circumstances as provided in their rules, and shall keep
a record of their decisions.
(3) Municipal ordinances and regulations shall take effect when
specified but not before they are disseminated to the public.
ARTICLE 6
The Municipal Executive shall be responsible for:cralaw:red
(a) appointing and removing Municipal officials;chanroblesvirtualawlibrary
(b) executing and enforcing Municipal policies, ordinances and
regulations, as well as any responsibilities assigned to the
Municipality by the Cantonal and Federation Governments;chanroblesvirtualawlibrary
(c) ensuring the cooperation of Municipal officials with the Ombudsmen;
and
(d) reporting on the implementation of Municipal policies and
activities to the Governing Council and the public.
ARTICLE 7
(1) The Municipal courts, which may be established for the
territory of one or more municipalities, shall have jurisdiction over
all civil and criminal matters, except to the extent that the original
jurisdiction is assigned to another court by this or the Cantonal
Constitution or by a law of the Federation or of the Canton. chanroblesvirtualawlibrary
(2) Municipal Courts shall be established by the Cantonal
legislation and be funded by the Cantons.
(3) Judges of Municipal Courts, including Presidents of the
Courts, shall be selected, appointed, disciplined and removed by the
High Judicial and Prosecutorial Council of the Federation in accordance
with the law.
(4) Judges of Municipal Courts, apart from reserve judges,
shall be appointed for life subject to resignation, retirement or
removal for cause by the High Judicial and Prosecutorial Council in
accordance with the law. Judges of Municipal Courts may likewise
exceptionally cease to hold office pursuant to a selection process
following restructuring of municipal courts during the
transitional period to be defined in the law establishing the High
Judicial and Prosecutorial Council. The mandatory retirement age for
Judges of Municipal Courts shall be defined by Law. Terms of service,
including immunity, shall be determined by Law of the Federation. The
salary and other emoluments of a Judge may not be diminished during the
period of his/her judicial office except as a result of disciplinary
proceedings in accordance with law. chanroblesvirtualawlibrary
VI. A. CITY AUTHORITIES
(1) For the areas of two or more municipalities which are territorially
linked by the everyday needs of citizens, a city shall be formed as a
local government and self-government unit, in accordance with Federal
legislation.
The city shall be responsible for: chanroblesvirtualawlibrary
a)
finances and tax policy, in accordance with Federal and Cantonal
legislation;chanroblesvirtualawlibrary
b)
joint infrastructure;chanroblesvirtualawlibrary
c)
urban planning;chanroblesvirtualawlibrary
d)
public transport;chanroblesvirtualawlibrary
e)other responsibilities assigned to the city by the canton or
municipalities.
(2) [deleted],
(3) The city shall have a statute which must be in accordance with
this Constitution, Cantonal Constitution and Cantonal legislation
(4) The city shall have a city council
consisting of an equal
number of councilors from each municipality, and the number
of councilors, election procedure and duration of mandate shall be
specified in the Statute.
The City council may not have less than 15 or more than 30 councilors.
In the case of the City of Mostar, the City Council shall continue to
work with the existing number of councillors, provided that the number
of councillors is harmonized with the provisions from the previous
paragraph no later than the next local elections. The other
specificities of the City of Mostar shall be taken into account when
defining the number of the councillors and the procedures for their
election.
(5) The City council shall:cralaw:red
a) prepare and by a
two-thirds majority vote approve the city statute;
b)
elect the Mayor;
c)
approve the city budget;
d) enact regulations on
the exercise of transferred
authorities and carry out other responsibilities specified in the
statute.
(6) The Mayor shall be responsible for:cralaw:red
a) appointing and
removing city officials,
b)
executing and enforcing city policy and city regulations,
c)
ensuring the cooperation of city officials with the Ombudsmen,
d)
reporting on the implementation of city policy to the city council and
the public.
(7) The city shall
secure revenues by taxation, borrowing and other means, in accordance
with law.
VI.B. ORGANIZATION OF SARAJEVO
(1) In the Sarajevo Canton the City of Sarajevo shall be
established as a unit of the local self-government.
The Constitution of the Sarajevo Canton shall regulate which
municipalities shall fall within the composition of the Ciry of
Sarajevo.
(2) The composition and the manner of decision-making of the organs of
the City of Sarajevo shall reflect multiethicity and particularity of
the City of Sarajevo as the Capital of the Federation of Bosnia and
Herzegovina.
(3) The competency, organizational structure, and the mode of
decision-making of the organs of the City of Sarajevo shall be defined
by the Constitution of the Canton, cantonal laws and the Statute of the
City, in accordance with this Constitution.
VII. INTERNATIONAL RELATIONS
ARTICLE 1
International relations of the Federation shall have to be in
accordance with continuity, sovereignty, territorial integrity and
international personality of Bosnia and Herzegovina, according to
ARTICLE III of the Constitution of Bosnia and Herzegovina.
ARTICLE 2
The international relations of the Federation shall be based on respect
for international law and treaty obligations and the principle that
international disputes are to be settled by peaceful means.
ARTICLE 3
International treaties and other agreements in force in respect of
Bosnia and Herzegovina and the Federation, and the general rules
of international law shall form part of the law of the Federation. In
case of any incompatibility between a treaty and legislation, the
former shall prevail.
ARTICLE 4
(1). The treaties and agreements with states and international
organizations shall be signed in the name of the Federation by
the Federation President. They shall only enter into force for the
Federation only if ratified by the Parliament of the Federation, with
the prior approval of the Parliamentary Assembly of Bosnia and
Herzegovina, except to the extent that the Parliamentary Assembly of
Bosnia and Herzegovina provide by law that these types of international
treaties and agreements do not require such approval.
(4) The Federation President, on the advice of the Prime
Minister, may denounce international treaties or agreements insofar as
permitted by the Parliamentary Assembly of Bosnia and Herzegovina, and
shall be obliged to do so if so directed by the Federation Assembly,
with the consent or upon the request of the Parliamentary Assembly of
Bosnia and Herzegovina.
VIII. AMENDMENT OF THE CONSTITUTION
ARTICLE 1
(1) Amendments to the Constitution may be proposed by the President of
the Federation, in agreement with the Vice-presidents, the Federation
Government, a majority of delegates in the House of Representatives or
a majority of Bosniac delegates, a majority of Croat delegates and a
majority of Serb delegates in the House of Peoples.
(2) A proposed amendment shall be adopted: chanroblesvirtualawlibrary
(a) in the House of Peoples by a simple majority including a majority
of Bosniac delegates, a majority of Croat delegates and a majority of
Serb delegates;chanroblesvirtualawlibrary
(b) in the House of Representatives by a two-third majority of
delegates.
ARTICLE 2
No amendment to the Constitution may eliminate or diminish any of the
rights or freedoms set out in Sub-Chapter II.A or alter the present
ARTICLE.
IX. APPROVAL AND ENTRY INTO
FORCE OF THE CONSTITUTION AND TRANSITIONAL ARRANGEMENTS
ARTICLE 1
(1) The Constitution of the Federation will be approved and promulgated
by a Constituent Assembly comprising those representatives elected at
the 1990 elections to the Assembly of the Republic of Bosnia and
Herzegovina whose mandate is still valid.
(2) Approval of the Constitution shall require a two-thirds majority of
the Constituent Assembly, including consensus between the delegation of
the Croat people, comprising all representatives of Croat nationality,
and the delegation of the Bosniac people, comprising all
representatives of Bosniac nationality.
(3) This Constitution shall enter into force at midnight of the day it
is approved by the Constituent Assembly.
ARTICLE 2
(1) The Constituent Assembly shall:cralaw:red
(a) approve this Constitution, in
accordance with ARTICLE IX.1;
(b) elect an Interim
Federation President, Vice-President, and Government, as provided in
ARTICLE IX.3(3); and
(c)
(2) Any legislation adopted by the Constituent Assembly shall only
remain valid until five months after the Federation Legislature is
first convened, unless reconfirmed by that Legislature.
ARTICLE 3
(1) Until the House of Representatives is first convened, its functions
under this Constitution shall be carried out by the Constituent
Assembly referred to in ARTICLE 1(1). chanroblesvirtualawlibrary
(2) Until the House of Peoples is first convened, its functions under
this Constitution shall be carried out by the Constituent Assembly. In
decisions specifically requiring votes by the Bosniac and the Croat
Delegates in the House, the votes of respectively the Bosniac and the
Croat members of the Constituent Assembly shall be considered as
fulfilling these requirements.
(3) As soon as this Constitution enters into force, the Constituent
Assembly shall elect an Interim Federation President and an Interim
Vice-President, applying the provisions of ARTICLE IV.B.2 in
conjunction with paragraphs (1) and (2) above, as appropriate. These
interim officials shall then nominate an Interim Federation Government,
applying the provisions of ARTICLE IV.B.5 in conjunction with paragraph
(1) above, as well as Interim Judges for the Federation Courts,
applying the provisions of ARTICLE IV.C.6(b). The Interim President,
Vice-President and the members of the Interim Government shall carry
out the functions of the corresponding permanent officials under this
Constitution until they are replaced by the officials elected or
appointed in accordance with ARTICLE IX.4(2).
(4) Within thirty days of the entry into force of this Constitution,
Interim Cantonal Legislatures shall be established, consisting of five
members of each Municipality Assembly who shall be elected by and from
those members of each such Assembly elected in 1990 and whose mandate
is still valid. These Interim Legislatures shall within 10 days elect
all other transitional organs in accordance with this Constitution.
(5) As soon as possible after the entry into force of this
Constitution, each the members of each Municipality Assembly elected in
1990 and whose mandates are still valid shall elect Interim Municipal
organs in accordance with this Constitution.
ARTICLE 4
(1) The first elections for the House of Representative, House of
Peoples and Cantonal Legislatures and Municipality councils shall be
conducted in accordance with Annex III to the General Framework
Agreement for Peace.
Later elections shall be conducted according to the election laws to
passed by the Federation Assembly.
(2) Within two weeks after each House of the Legislature of the
Federation are first convened, they shall elect the President and the
Vice-President of the Federation. Within two weeks of such election,
the President, with the concurrence of the Vice-President, shall
nominate the Government, and the House of Representatives shall
consider these nominations promptly.
(3) No person serving sentence pronounced by the International Tribunal
for the former Yugoslavia, and no person indicted by the International
Tribunal for the former Yugoslavia who does not appear before the
Tribunal after called by it, cannot run for or perform any public
function in the Federation territory.
ARTICLE 5
(1) All laws, regulations, and judicial rules of procedure in effect
within the Federation on the day on which this Constitution enters into
force shall remain in effect to the extent not inconsistent with this
Constitution, until otherwise determined by the competent governmental
body.
(2) All international treaties and other agreements in force within the
Federation on the day on which this Constitution enters into force
shall remain in effect unless denounced by the President pursuant to
ARTICLE VII.3(2). chanroblesvirtualawlibrary
ARTICLE 6
All persons holding any governmental office within the Federation on
the day this Constitution enters into force shall continue to hold such
office until removed therefrom in accordance with the applicable law,
or until the office in question is abolished.
ARTICLE 7
Published results of the 1991 census shall be appropriately used for
all calculations requiring demographic data until Annex 7 is fully
implemented.
ARTICLE 8
All proceedings pending in courts or administrative agencies
functioning within the territory of the Federation on the day this
Constitution enters into force shall continue in or be transferred to
other courts or agencies to be established pursuant to this
Constitution, in accordance with any legislation governing the
competence of such courts or agencies. chanroblesvirtualawlibrary
ARTICLE 9
The following provisions relating to certain transitional international
arrangements shall apply for the periods respectively specified:cralaw:red
(a)
Until the Federation adopts the rules of procedure foreseen by ARTICLE
IV.C.3, the Courts of the Federation may apply rules not
inconsistent with this Constitution.
(b) For a transitional period, the President of the Supreme Court may
make arrangements with appropriate international bodies to perform any
of the functions assigned herein to the Judicial Police.
(c) For the first five years after the Constitution enters into force,
three of the Judges of the Constitutional Court, who shall be
foreigners who are not citizens of any neighboring state, shall be
appointed by the President of the International Court of Justice after
consultation with the President and the Vice-President of the
Federation.
(d) (i) The Human Rights Court shall operate within the framework of
the mechanism established by the Council of Europe by Resolution 93(6)
of its Committee of Minister, as that Resolution may be amended from
time to time as long as that Resolution remains applicable to the
Federation.
(ii) The Human Rights Court shall initially consist of seven Judges,
three of whom shall be appointed and serve in accordance with the
requirements of ARTICLE IV.C.6. The Committee of Ministers of the
Council of Europe shall appoint four of the Judges of the Court in
accordance with the above-cited resolution. These Judges shall be
foreigners who shall not be citizens of any neighboring state.
(iii) If the Court concludes that its business requires the
participation of more judges to avoid undue delays in the disposition
of cases, the President shall make arrangements with the Council of
Europe for the appointment of additional judges, in accordance with the
above-specified proportion of domestic and foreign judges.
(e) For a period of no less than three years and in any event until the
Legislature of the Federation adopts a law relating to the appointment
of the Ombudsmen, these shall be appointed and may be removed by the
Conference on Security and Cooperation in Europe (CSCE) after
consultation with the President and Vice-President of the Federation.
ARTICLE 10
This Constitution shall apply in the municipalities of the city of
Mostar and the city of Mostar itself while it is under the European
Union administration, except as otherwise decided by the EU
Administrator, who must not derogate from the Chapter II on Human
Rights and Fundamental Freedoms. The President of the Federation shall
during the period of the EU administration consult with the
Administrator with a view to facilitating the full application of this
Constitution in the city of Mostar as soon as the period ends.
ARTICLE 11
(1) The Constitutional Assembly of the Federation, consisting of the
representatives of the Assembly of the Republic of Bosnia and
Herzegovina elected in the 1990 elections shall continue its work until
the Federation Assembly is constituted in accordance with Annexes III
and IV to the General Framework Agreement for Peace.
(2) Until the Presidency of Bosnia and Herzegovina is set up
according to Annexes III and IV to the General Framework Agreement,
civilian command authority over the Army of Bosnia and Herzegovina,
including appointment of military officers, shall be exercised by the
President of the Presidency of Bosnia and Herzegovina, and civil
command authority over the Croatian Defense Council, including the
appointment of military officers shall be exercised by the President or
the Vice-President of the Federation who is from the Croat people.
(3) Until the federal, cantonal and municipality officials are elected
in the interim period according to ARTICLE IX.3., the present
administrative arrangements shall remain in force within the
Federation, with the exception of the municipalities of the city of
Mostar and the city of Mostar itself, which shall be administrated by
the EU administrator in the period agreed upon by the EU and both
President and Vice-President of the Federation.
Transitional and Final Provisions
ARTICLE 11a
1. Proportionate representation in all public authorities including
courts
Constituent peoples and members of the group of the Others shall be
proportionately represented in public institutions in the Federation of
Bosnia and Herzegovina.
As a constitutional principle, such proportionate representation shall
follow the 1991 census until Annex 7 is fully implemented, in line with
the Civil Service Law of Bosnia and Herzegovina. Further and concrete
specification of this general principle shall be implemented by Entity
legislation. Such legislation shall include concrete time lines and
shall develop the aforementioned principle in line with the regional
ethnic structure in the Entities and the Cantons.
Public institutions as mentioned above are the ministries of the
Government of the Federation of BiH and of Cantonal Governments,
municipal governments, Cantonal and Municipal Courts in the Federation
of Bosnia and Herzegovina. chanroblesvirtualawlibrary
ARTICLE 11b
2. Harmonisation of principles with regard to the Cantons of the
Federation
Within nine months from the adoption of these amendments, the
principles contained therein shall be applied to the Cantons.
Vital interest protection bodies shall be established in the Cantons
and minimum representation has to be guaranteed with regard to the
Cantonal Governments.
ARTICLE 11c
3. Tasks of the House of Peoples
As from the date of the adoption of the amendments to the Constitution
of the Federation of Bosnia and Herzegovina, the House of Peoples of
the Federation of Bosnia and Herzegovina shall follow the principles
contained therein.
ARTICLE 11d
Within nine months as from the adoption of these amendments, the
Constitutions of the Cantons, laws, other regulations and acts and
judicial rules shall be harmonised with the Constitution of the
Federation of Bosnia and Herzegovina.
ARTICLE 11e
Within three months as from the adoption of these amendments, the
provisions of this Constitution related to the Human Rights Court of
the Federation of Bosnia and Herzegovina shall be repealed. chanroblesvirtualawlibrary
The issues of taking over of tasks, equipment, archives and other
assets as well as the issue of employment status of the staff of the
Human Rights Court of the Federation of Bosnia and Herzegovina shall be
regulated in law.
ANNEX
HUMAN RIGHTS INSTRUMENTS
TO BE INCORPORATED
INTO THE FEDERATION CONSTITUTION
1. 1948 Convention on the Prevention and Punishment of the Crime of
Genocide
2. 1948 Universal Declaration of Human Rights chanroblesvirtualawlibrary
3. 1949 Geneva Conventions I-IV on the Protection of the Victims of
War, and the 1977 Geneva Protocols I-II thereto
4. 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms, and the Protocols thereto
5. 1951 Convention relating to the Status of Refugees and the 1966
Protocol thereto
6. 1957 Convention on the Nationality of Married Women
7. 1961 European Social Charter and the Protocol 1 thereto
8. 1961 Convention on the Reduction of Statelessness chanroblesvirtualawlibrary
9. 1965 International Convention on the Elimination of All Forms of
Racial Discrimination
10. 1966 International Covenant on Civil and Political Rights and its
1966 and 1989 Optional Protocols thereto
11. 1966 International Convenant on Economic, Social and Cultural Rights
12. 1979 International Convention on the Elimination of All Forms of
Discrimination against Women
13. 1981 (UN) Declaration on the Elimination of all Forms of
Intolerance and of Discrimination Based on Religion or Relief
14. 1981 Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
15. 1987 European Convention on the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment
16. 1989 Convention on the Rights of the Child
17. 1990 Convention on the Rights of Migrant Workers and Members of
their Families chanroblesvirtualawlibrary
18. 1990 Document of the Copenhagen Meeting of the Conference on the
Human Dimension of the CSCE, Part IV
19. 1990 Council of Europe Parliamentary Assembly Recommendation on the
Rights of Minorities, paras. 10-13
20. 1992 (UN) Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities
21. 1992 European Charter for Regional and Minority
Languages
22. Framework Convention on the Protection of National
Minorities of 1994
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