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Political System of Bosnia and Herzegovina
by Thierry Domin
First published in
SFOR Informer#125, October 31, 2001
What better describes a political system
than its constitution? In fact, the constitution is the natural
framework for all activities, legislation and freedoms. It
is the supreme rule applied to all citizens. Bosnia and Herzegovina
(BiH) is similar to other countries, with its own regulations;
but, due to some historical reasons, it looks a little more
complicated.
GFAP
In the beginning, there was the General Framework Agreement
for Peace in BiH (GFAP), initiated in Dayton, Ohio (USA) and
signed in Paris, Dec. 14, 1995. And, wisely, the constitution
was included into the GFAP, as its Annex 4. You have to remember
that the three representatives of the belligerents, Alija
Izetbegovic, Franjo Tudjman and Slobodan Milosevic, signed
the whole GFAP, thus approving its whole content. The European
Union, France, Germany, United Kingdom and United States "only"
witnessed the agreement.
In the strongest sense of the word, the constitution is the
primary law. It defines the country with its official name,
the two Entities (Federation and Republika Srpska), the capital
(Sarajevo). It recalls the human rights and fundamental freedoms,
including the obligation to co-operate with the International
Criminal Tribunal for Former Yugoslavia (ICTY). It also describes
the responsibilities of, and the relations between the common
institutions of the State and the Entities.
Common Institutions
The top common institution is the tri-partite Presidency,
whom members - one Bosniac, one Bosnian-Croat and one Bosnian-Serb
- rotate every eight months. The executive branch consists
also of the Council of Ministers, whose Chair is nominated
by the Presidency. In November 2001, six Ministries cover
a wide range of activities, with the noteworthy exception
of Defence. The legislative branch is made up of the Parliamentary
Assembly: the House of Representatives, comprising 42 members
directly elected from their own Entity, and the House of Peoples,
comprising 15 members selected by the Parliamentary Assemblies
of their own Entities.
The common institutions are notably responsible for foreign,
financial and monetary policies. They are in charge of immigration,
refugee and asylum policy and regulation.
They deal with the common and international communications
facilities, to include the air traffic control (See SFOR Informer
no 123). As an example, the tri-partite Presidency appoints
ambassadors and other international representatives, negotiates,
denounces and, with the consent of the Parliamentary Assembly,
ratifies treaties of BiH.
Among other notable common institutions are the Constitutional
Court, the Central Bank and the Standing Committee on Military
Matters (SCMM). This SCMM, selected by the Presidency, has
to co-ordinate the activities of the Armed Forces in BiH,
which means the Federation Army (VF) with its Bosniac (VF-B)
and Bosnian-Croat (VF-H) components, and the Army of Republika
Srpska (VR-S). Some observers see in the SCMM the tool for
a future common Army, no matter of the Entities.
The Entities
So far, it's not really complicated. Where things get worse,
is when you heap the Entities Institutions upon State ones.
Besides the State constitution mentioned above, the Federation
and Republika Srpska decided to promulgate their own and separate
Constitutions; thus, they have different administrative and
political systems. Both, of course, have a President and a
vice-president, and all the necessary Ministries. But their
legislative branches are quite opposite. Whereas the Federation
has the same scheme as the common institutions, i.e. House
of People and House of Representatives, Republika Srpska has
only a National Assembly, RSNA. To make it simpler, both Entities
have their own Constitutional Courts.
The other main difference between the two Entities is the
existence of Cantons in the Federation. There are 10 cantons,
from one to ten, but unfortunately there is no logical order
in their numeration. Cantons are granted a substantial autonomy,
an own local government and are allowed to adopt cantonal
laws, only if they do not contradict the Federation ones.
The system is simpler in the RS, where there are no intermediaries
between the central government and the municipalities.
The way ahead
One of the reasons of this complex system is that it was built
up for ending a cruel and long war. That's why it is based
on mutual concessions, and explains, for instance, the three
Constitutions ruling the country. In the long run, it is obvious
that simplifications are greatly needed. Even the Constitutions
are not eternal, and can be amended as required. One good
example was given last year when the State-level Constitutional
Court declared illegal some articles of the Entities' Constitutions.
For the time being, the whole International Community, including
SFOR, tries to strengthen the common institutions. It's only
through the reduction of the discrepancies between the constituent
people of the country that BiH could be some day part of Europe
or of Partnership for Peace (PfP).
That is the way ahead.
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