Constitution of Bosnia and Herzegovina

This annex concerns the Constitution of Bosnia and Herzegovina. The entities are the Federation of Bosnia and Herzegovina and the Republika Srpska.

Summary of Main Points

The Preamble establishes Bosniacs* Croats, Serbs, and "Others" as constituent peoples and citizens of Bosnia and Herzegovina. The Federation of Bosnia and Herzegovina and the Republika Srpska together compose Bosnia and Herzegovina with its capital in Sarajevo.

The entities may establish special parallel relationships with neighboring states consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.

Bosnia and Herzegovina will have responsibility for foreign policy; foreign trade policy; customs policy; monetary policy; finances for the institutions and obligations of Bosnia and Herzegovina; immigration, refugee, and asylum policy; as well as others.

Bosnia and Herzegovina will have a two-chamber Parliamentary Assembly, a three-member Presidency, and a Constitutional Court.

The Parliamentary Assembly

The Parliamentary Assembly consists of two chambers: the House of Peoples and the House of Representatives.

House of Peoples. Comprises 15 delegates (5 Bosniacs, 5 Croats, and 5 Serbs). Members are selected from the House of Peoples of the Federation by the Bosniac and Croat delegates and from the National Assembly of the Republika Srpska by the Serbs. Nine members are needed to establish a quorum, provided at least three Bosniac, Croat, and Serb delegates are present.
House of Representatives. Comprises 42 members: 28 elected from the Federation and 14 elected from the Republika Srpska. A simple majority will constitute a quorum.

Legislation requires the approval of both chambers, and decisions are made on the basis of majority vote. A majority vote should include at least one-third of the delegates (three or four Federation delegates and one or two Republika Srpska delegates, depending on House rules) and members (9 or 10 Federation members and 4 or 5 Republika Srpska members, depending on House rules) of each entity. If efforts to secure these minimum consenting votes from each entity fail, then a majority vote is sufficient to pass a resolution, provided the dissenting votes do not include two-thirds or more of the delegates (six or eight Federation delegates and two or four Republika Srpska delegates, depending on House rules) and members (18 or 20 Federation members and 8 or 10 Republika Srpska members, depending on House rules) of each entity.

Three or more Bosniac, Croat, or Serb delegates may declare a proposal to be destructive of their community's vital interest. If a majority of delegates fails to sustain such a declaration, then it is passed to a three-member (one member from each ethnic group) Joint Commission for resolution. If the Joint Commission fails to resolve the issue within 5 days, then the issue is passed to the Constitutional Court.

The Presidency

The Presidency consists of one Bosniac and one Croat directly elected from the Federation and one Serb directly elected from the Republika Srpska. Voters may vote to fill only one seat. The Chairmanship of the Presidency rotates among each of the members.

The Presidency strives for consensus but may adopt decisions based on a majority. A dissenting member of the Presidency may declare a decision destructive of his community's vital interest within 3 days of adoption. Such a declaration is referred to:

The Bosniac delegates of the House of Peoples of the Federation if made by the Bosniac member of the Presidency.
The Croat delegates of the House of Peoples of the Federation if made by the Croat member of the Presidency.
The National Assembly of the Republika Srpska if made by the Serb member of the Presidency.

If within 10 days the declaration is approved by a two-thirds vote, the challenged decision is nullified.

The Presidency nominates and the House of Representatives approves/disapproves the Chair of the Council of Ministers. In turn, the Chair nominates and the House of Representatives approves/disapproves the Foreign Minister, Foreign Trade Minister, and others as appropriate.

Each member of the Presidency will have civilian command authority over armed forces. Neither entity will threaten or use force against the other or enter into the territory of the other. The members of the Presidency will select a Standing Committee on Military Matters to coordinate the armed forces' activities. The members of the Presidency will be members of this committee.

The Constitutional Court

The Constitutional Court consists of nine members: four selected by the House of Representatives of the Federation, two by the Assembly of the Republika Srpska, and three by the President of the European Court of Human Rights. The members appointed by the President of the European Court of Human Rights cannot be citizens of Bosnia and Herzegovina or any neighboring state.

A majority of members will constitute a quorum, and the court will have jurisdiction over upholding the Constitution and deciding disputes between the entities. The court will adopt its own internal rules based on a majority vote.

No one who has been sentenced by the International Tribunal for the Former Yugoslavia or who is under indictment and has failed to appear before the tribunal may hold public office.

The Presidency proposes and the Parliamentary Assembly will adopt a budget each year for Bosnia and Herzegovina's expenditures. If no budget is adopted, the previous year's budget will be used. The Federation will provide two-thirds and the Republika Srpska will provide one-third of the revenues required by the budget.

Upon the Agreement Entering Into Force

The Constitution (Annex 4) enters into force as the Constitution of the Republic of Bosnia and Herzegovina. Parties establish a Joint Interim Commission (JIC) chaired by the High Representative and composed of four Federation, three Republika Srpska, and one Bosnia and Herzegovina representative.

Within 3 Months (14 March)

Entities amend their respective constitutions to conform with the Constitution of the Republic of Bosnia and Herzegovina.

Within 6 Months (14 June)

Entities begin negotiations on broadening Bosnia and Herzegovina's responsibilities, including utilization of energy resources and cooperative economic projects.

UNCLASSIFIED

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Handbook on the Dayton Peace Agreement PC-1510-100-96 February 1996

Annex 4