Political Law at Bosnia and Herzegovina
Political law in Bosnia and Herzegovina (BiH) is complex due to its unique constitutional and political structure, which was shaped by the 1995 Dayton Peace Agreement (DPA). This agreement ended the Bosnian War (1992–1995) and established a decentralized state with a power-sharing arrangement among its three constituent nations: Bosniaks, Croats, and Serbs. Here's an overview of the political system and relevant political laws in Bosnia and Herzegovina:
1. Constitution of Bosnia and Herzegovina
The Constitution of Bosnia and Herzegovina is part of the Dayton Peace Agreement. It creates a federal state structure consisting of two main entities:
Federation of Bosnia and Herzegovina (FBiH): Predominantly Bosniak and Croat.
Republika Srpska (RS): Predominantly Serb.
There is also a third region, the Brčko District, which has special status, and is self-governed but under the sovereignty of BiH.
The Constitution guarantees a delicate balance of power, giving each of the three constituent nations (Bosniaks, Croats, and Serbs) significant influence over the country’s political decisions. This includes mechanisms to ensure that no single group can dominate the others.
2. Structure of Government
BiH has a complex system of government, with three key levels:
State level: Includes the Presidency of Bosnia and Herzegovina, the Council of Ministers, and the Parliamentary Assembly. The Presidency is composed of three members, each representing one of the constituent peoples (one Bosniak, one Croat, and one Serb).
Entity level: The Federation of Bosnia and Herzegovina and Republika Srpska each have their own governments and parliaments, with autonomy in many areas, although they are still bound by the laws of the BiH state.
Cantonal level: In the Federation of Bosnia and Herzegovina, there are ten cantons, each with its own government and parliament.
3. Electoral System
Elections are held at various levels, including state, entity, and local elections. The electoral system is designed to reflect the ethnic composition of the country. The most important features of the electoral system include:
Presidency: The members of the Presidency are elected directly by the people from three constituent groups. The President of the Presidency rotates every 8 months.
House of Representatives: The Parliamentary Assembly of Bosnia and Herzegovina consists of two chambers: the House of Peoples and the House of Representatives. The House of Peoples ensures that the interests of the three constituent peoples are protected, while the House of Representatives is based on population size.
Representation of Ethnic Groups: The system includes mechanisms to ensure that each ethnic group is adequately represented. For example, Croats, Bosniaks, and Serbs must hold a majority in key institutions, which is part of the power-sharing structure established by the Dayton Agreement.
4. Judiciary and Constitutional Court
The Constitutional Court of Bosnia and Herzegovina is responsible for ensuring that laws and decisions comply with the Constitution. It has nine judges, including foreign judges appointed by the President of the European Court of Human Rights. This court also resolves disputes between the state and the entities, as well as between the entities themselves.
5. Ethnic Representation and Power-Sharing
One of the central features of Bosnia and Herzegovina's political law is the power-sharing arrangement. The Dayton Agreement institutionalized the ethnic representation of the three main groups and created a system of vetoes to protect the interests of each group. This ensures that no single ethnic group can dominate or marginalize the others in the decision-making process.
Constitutional Requirement: For certain decisions, such as electing the President of the BiH Presidency or passing laws, a "vital national interest" mechanism exists, which allows any of the constituent peoples to veto decisions if they believe their interests are being undermined.
6. Challenges and Reforms
The political system established by the Dayton Agreement has been criticized for its complexity and inefficiency. Ethnic-based politics have often led to gridlock, and the country’s government has struggled with corruption and a lack of effective governance. There are ongoing debates about necessary constitutional reforms, especially the need for a more functional and unified state. However, political reforms have been slow, partly due to disagreements between political elites, as well as international involvement, including the Office of the High Representative (OHR), which has sometimes used its powers to impose laws or remove officials.
7. The Role of the International Community
The international community plays a significant role in the political structure of Bosnia and Herzegovina. The Office of the High Representative (OHR), an international body established by the Peace Agreement, has extensive powers to oversee the implementation of the agreement and to impose laws or remove elected officials if necessary. While the OHR has been seen as a stabilizing force, its role has been controversial, with many in BiH seeking more sovereignty and less external intervention.
8. Political Parties
Bosnia and Herzegovina has a wide range of political parties, many of which are ethnically based. There are parties that represent Bosniaks, Croats, and Serbs, as well as multi-ethnic parties, though the ethnic divisions often dominate the political landscape.
Bosniak Parties: These parties generally focus on the interests of the Bosniak community and advocate for a more centralized state.
Croat Parties: Croat parties often advocate for the autonomy of Croats within BiH and for ensuring the protection of their political and cultural rights.
Serb Parties: Serb parties tend to support the autonomy of Republika Srpska and advocate for the protection of Serb interests within the country.
Conclusion
Political law in Bosnia and Herzegovina is defined by the complex power-sharing structure created by the Dayton Peace Agreement, aimed at preventing conflict and ensuring that the three main ethnic groups are represented at all levels of government. While this system has maintained peace since the end of the Bosnian War, it has also led to political inefficiencies, ethnic divisions, and challenges in governance. Reforms are often discussed but have been difficult to implement due to entrenched ethnic politics and international influence.
RELATED Blog
0 comments