Constitutional reform in Bosnia and Herzegovina
Encyclopedia
Constitutional reform in Bosnia and Herzegovina
is the reform being negotiated over that country's complicated and expensive government structure established by the Dayton Peace Accords. The signing of the accord ended the war in Bosnia and Herzegovina
, but critics argue that its organization of the country was not meant to be permanent.
Dayton established a rotating presidency
of three presidents elected by the country's Bosniaks
, Croats
and Serbs
. While this has led to a sort of power-sharing among ethnic groups it has made government less stable, with a new president every eight months.
Dayton also established the position of High Representative
. This UN
position was given wide-ranging powers including the ability to sack members high ranking members of government.
The treaty also solidified the existence of two separate war-time entities in the country: the Federation of Bosnia and Herzegovina, so called Muslim-Croat Federation, and the Republika Srpska
(later the internationally administered Brčko District
was created).
New talks involving eight political parties representing the two entities began in April 2005 with the assistance of the United States Institute of Peace, and two non-governmental organizations, the Dayton Peace Accords Project and the Public International Law and Policy Group. The NGO-lead negotiations continued up to the tenth anniversary of the Accords on 21 November 2005 when the United States took over the process. The United States
expected a preliminary deal to be reached at this conference, but talks soon fell apart. Members of the presidency did agree to increase the powers of the prime minister
and add two ministries to the central government, but this fell far short of expectations. A second round of talks held on January 17 also failed to produce any results.
A sticking point has been the creation of a unified presidency. This would favour the largest single ethnic group (the Bosniaks), but some guarantees have been made for the other groups to hold vice-presidency.
Also, the country's great decentralization dating from the war has created a large bureaucracy
. Any reform would have to strengthen the powers of the federal government. This would strip powers from both the Federation and the Republika Srpska. However, this has met opposition from the government of the Republika Srpska, which notes that of the country's thirteen governments, eleven are in the Federation (ten cantonal
governments and the Federation government). The other two are the Republika Srpska and state(BiH)-level government.
These reforms are key to Bosnia and Herzegovina fulfilling their obligations to the European Union's Stabilisation and Association Agreement.
The six ruling coalition parties announced on 2007-12-14 that talks would resume in January in Brussels, and that the two main Croat parties (Croatian Democratic Union of Bosnia and Herzegovina
and Croatian Democratic Union 1990
) had submitted proposals for a new federal structure to the other party leaders.
The main parties agreed to reinvigorate constitutional reform efforts after the successful signing of the SAA. New talks were set to begin following the municipal elections in October 2008
, as Lajcak stated that preparation for EU accession was impossible under the current constitutional order.
A plan to divide Bosnia into four entities instead of the two in existence was proposed on 27 January 2009, with further talks scheduled for 23 February 2009.
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
is the reform being negotiated over that country's complicated and expensive government structure established by the Dayton Peace Accords. The signing of the accord ended the war in Bosnia and Herzegovina
Bosnian War
The Bosnian War or the War in Bosnia and Herzegovina was an international armed conflict that took place in Bosnia and Herzegovina between April 1992 and December 1995. The war involved several sides...
, but critics argue that its organization of the country was not meant to be permanent.
Dayton established a rotating presidency
Chairmen of the Presidency of Bosnia and Herzegovina
The following is a list of Chairmen of the Presidency of Bosnia and Herzegovina.-Socialist Republic of Bosnia and Herzegovina:-Republic of Bosnia and Herzegovina:-Post-Dayton Bosnia and Herzegovina:-See also:...
of three presidents elected by the country's Bosniaks
Bosniaks
The Bosniaks or Bosniacs are a South Slavic ethnic group, living mainly in Bosnia and Herzegovina, with a smaller minority also present in other lands of the Balkan Peninsula especially in Serbia, Montenegro and Croatia...
, Croats
Croats
Croats are a South Slavic ethnic group mostly living in Croatia, Bosnia and Herzegovina and nearby countries. There are around 4 million Croats living inside Croatia and up to 4.5 million throughout the rest of the world. Responding to political, social and economic pressure, many Croats have...
and Serbs
Serbs
The Serbs are a South Slavic ethnic group of the Balkans and southern Central Europe. Serbs are located mainly in Serbia, Montenegro and Bosnia and Herzegovina, and form a sizable minority in Croatia, the Republic of Macedonia and Slovenia. Likewise, Serbs are an officially recognized minority in...
. While this has led to a sort of power-sharing among ethnic groups it has made government less stable, with a new president every eight months.
Dayton also established the position of High Representative
High Representative for Bosnia and Herzegovina
The High Representative for Bosnia and Herzegovina, with the Office of the High Representative in Bosnia and Herzegovina, was created in 1995 immediately after the Dayton Peace Agreement to oversee the civilian implementation of this agreement. The High Representative and the OHR represent the...
. This UN
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
position was given wide-ranging powers including the ability to sack members high ranking members of government.
The treaty also solidified the existence of two separate war-time entities in the country: the Federation of Bosnia and Herzegovina, so called Muslim-Croat Federation, and the Republika Srpska
Republika Srpska
Republika Srpska is one of two main political entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina...
(later the internationally administered Brčko District
Brcko District
Brčko District in northeastern Bosnia and Herzegovina is a neutral, self-governing administrative unit, under the sovereignty of Bosnia and Herzegovina...
was created).
New talks involving eight political parties representing the two entities began in April 2005 with the assistance of the United States Institute of Peace, and two non-governmental organizations, the Dayton Peace Accords Project and the Public International Law and Policy Group. The NGO-lead negotiations continued up to the tenth anniversary of the Accords on 21 November 2005 when the United States took over the process. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
expected a preliminary deal to be reached at this conference, but talks soon fell apart. Members of the presidency did agree to increase the powers of the prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
and add two ministries to the central government, but this fell far short of expectations. A second round of talks held on January 17 also failed to produce any results.
A sticking point has been the creation of a unified presidency. This would favour the largest single ethnic group (the Bosniaks), but some guarantees have been made for the other groups to hold vice-presidency.
Also, the country's great decentralization dating from the war has created a large bureaucracy
Bureaucracy
A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...
. Any reform would have to strengthen the powers of the federal government. This would strip powers from both the Federation and the Republika Srpska. However, this has met opposition from the government of the Republika Srpska, which notes that of the country's thirteen governments, eleven are in the Federation (ten cantonal
Cantons of the Federation of Bosnia and Herzegovina
The 10 cantons of the Federation of Bosnia and Herzegovina serve as the second-level units of local autonomy of the Federation of Bosnia and Herzegovina, one of the two political entities of Bosnia and Herzegovina....
governments and the Federation government). The other two are the Republika Srpska and state(BiH)-level government.
These reforms are key to Bosnia and Herzegovina fulfilling their obligations to the European Union's Stabilisation and Association Agreement.
The six ruling coalition parties announced on 2007-12-14 that talks would resume in January in Brussels, and that the two main Croat parties (Croatian Democratic Union of Bosnia and Herzegovina
Croatian Democratic Union of Bosnia and Herzegovina
The Croatian Democratic Union of Bosnia and Herzegovina is a political party of Croats in Bosnia and Herzegovina. It is an observer member of the European People's Party ....
and Croatian Democratic Union 1990
Croatian Democratic Union 1990
The Croatian Democratic Union 1990 is a political party of Croats in Bosnia and Herzegovina. It split of the Croatian Democratic Union of Bosnia and Herzegovina and is led by Božo Ljubić. In the 2006 it was the leading member of the Croats Together coalition....
) had submitted proposals for a new federal structure to the other party leaders.
The main parties agreed to reinvigorate constitutional reform efforts after the successful signing of the SAA. New talks were set to begin following the municipal elections in October 2008
Bosnia and Herzegovina municipal elections, 2008
Municipal elections were held in Bosnia and Herzegovina on 5 October 2008. Parties and independent candidates had to register by 23 May 2008, party or coalition lists by 25 June 2008...
, as Lajcak stated that preparation for EU accession was impossible under the current constitutional order.
A plan to divide Bosnia into four entities instead of the two in existence was proposed on 27 January 2009, with further talks scheduled for 23 February 2009.