Constitution of the Federation of Bosnia and Herzegovina
|Publisher||National Legislative Bodies|
|Publication Date||18 March 1994|
|Cite as||Constitution of the Federation of Bosnia and Herzegovina , 18 March 1994, available at: http://www.refworld.org/docid/3ae6b56e4.html [accessed 8 December 2013]|
|Comments||This is the official translation but unofficial consolidation. The Constitution, dated 18 March 1994, was approved by the Constituent Assembly. The amendments included here are I to XXVI, with the Amendments XXV and XXVI, PF No. 23/97, dated 9 May 1997. Please note that on the basis of the Constitution of the Federation of Bosnia and Herzegovina, each of the 10 Cantons has adopted its own Constitution. For the roles between the Federation and the Cantons, see Section III for details.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Convinced that the democratic institutions, based on respecting the human rights and freedoms, are the best way of creating harmony between themselves and their communities,
Refusing the violence of war,
Wishing to contribute to peace promotion,
Wishing to promote of an individual and develop a free market,
Led by the principles of the United Nations Chart, Universal Declaration on Human rights and General Framework Agreement on Peace in BiH and its annexes.
The peoples and citizens of the Federation of Bosnia and Herzegovina, which is a constitutive part of the sovereign state of Bosnia and Herzegovina, decisive to ensure full national equality, democratic relations and the highest standards of the human rights and freedoms, hereby pass the Constitution of the Federation of Bosnia and Herzegovina.
(deleted and replaced by Amendment II)
I.ESTABLISHMENT OF THE FEDERATION
(1)The Bosniacs and Croats as the constitutive peoples, together territories of the Federation of BiH, realizing their sovereign rights, are reforming the internal establishment of the Federation territories which has been defined by the Annex II of the General Framework Agreement, so the Federation of BiH is now consisted of federal units with equal rights and responsibilities.
(2)The Federation of BiH is one of two entities composing the state of BiH, and has all power, competence and responsibilities which are not in according to the Constitution of BiH, the exclusive competence of the BiH institutions.
(deleted and replaced by Amendment III)
The Federation consists of federal units (Cantons).
The Methods and procedures for physically debarking 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.
The official name of the Federations is The Federation of Bosnia and Herzegovina.
The capital of the Federation shall be Sarajevo.
(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 Bosniacs Delegates and a majority of the Croat Delegates.
(1)The official languages of the Federation shall be the bosniac languages and the Croatian language. The official script will be the Latin alphabet.
(2)Other languages may be used as means of communication and instruction.
(3)Additional languages may be designated as official by a majority vote of each House of the Legislature, including in the House of Peoples a majority of the Bosniacs Delegates and a majority of the Croat Delegates,
II. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Since the principles, rights and freedoms prescribed by the Article II of the BiH Constitution are being applied throughout the BiH territory, the following provisions are referring to the Federation.
(deleted and replaced by Amendment IV)
The Federation will provide the implementation of the highest level of the internationally recognized rights and freedoms prescribed by the documents enlisted in the Annexes of the Constitution. In particular:
(1)All persons within the territory of the Federation shall enjoy the rights:
b)To liberty, with arrest and detention authorized only by the 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;
h)To freedom of movement;
j)To protection of the family and of children;
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;
n)To social protection;
q)To shelter; and
r)To protection of minorities and vulnerable groups.
(2)All citizens shall enjoy the rights:
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.
(firse sentence deleted and replaced by Amendment V)
All refugees and displaced persons have the rights to freely return to their homes of origin.
All persons have right to be returned all their property that they have been deprived of during the course of ethnic cleansing and hostilities since 1991, and a right to be refunded for all their property that cannot be returned. All statements and obligations given under force/compulsion, particularly those referring to renouncing right on land and other property, are invalid.
Realizing the right from the Item I of this Article is to be determined by the federal legislation.
(deleted and replaced by Amendment VI)
Gaining and cessation of citizenship of the federation of BiH are being prescribed by a federal law, respecting the following prerequisites:
a)no person can be deprived of citizenship in an arbitrary way, or any other way that would leave him or her without the citizenship;
b)No person can be deprived of the Federation citizenship because of the sex, race, skin color, language, faith, political or other conviction, national or social origin, belonging to a national minority, property, birth or any other attribute.
c)all Federation citizens, according to the BiH Constitution, are the citizens of Bosnia and Herzegovina, and, according to the citizenship conditions prescribed by the BiH Constitution, have a right on citizenship of any other state.
(deleted and replaced by Amendment VII)
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.18.
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.
B. Initial Appointment and Functions of the Ombudsman
(1)There shall be three Ombudsman, one Bosniac, one Croat, and one Other, who shall be appointed by the Federation Legislature in accordance with legislation it shall adopt no sooner than three years after the entry into force if this Constitution.
(2)Each of the Ombudsman shall, with the approval of the President, appoint one or more Deputies. They shall in populations seek to appoint Deputies in Municipalities with populations that do not reflected the composition of the Canton as a whole. The competent authorities shall facilitate such efforts.
(3)The terms of service of the Ombudsman and their Deputies shall be the same respectively as those of the President and of the judges of the Supreme Court.
(4)Each Ombudsman shall also appoint additional staff within the framework of the budget approved therefore by the Cabinet of the Federation or initially by the Prime Minister.
(1)The Ombudsman 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 Cantons. In particular, they shall act to reverse the consequence of the violations of these rights and liberties and especially of ethnic cleansing.
(2)In carrying out their functions, the Ombudsman must be guided by the law and by the principles of morality and justice.
Each Ombudsman shall exercise his functions individually, except as otherwise provided herein. Two or more Ombudsman may cooperate in carrying out au of their functions.
The Ombudsman is independent in carrying out their functions and no persons or governmental organ may interfere with such functions.
2.The Competence and the Powers of the Ombudsman.
The Ombudsman may examine the activities of any institution of the Federation, Canton, or Municipality, as well as any instruction or persons by whom human dignity, rights, or liberties may be negated, including by accomplishing ethnic cleansing or preserving its effects.
(1)An Ombudsman is entitled to initiate proceedings in competent courts and to intervene in pending proceedings, including any in the Human Rights Court.
(2)As provided for in Article IV.C.8, an Ombudsman is entitled to receive the assistance of the Judicial Police.
(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. Ombudsman may also attend court and administrative hearings, as well as meeting of the other organs, and may enter and inspect any place where persons deprived of their liberty are confined or work.
(2)The Ombudsman, their Deputies, and any persons 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.Report of the Ombudsman
(1)Each Ombudsman shall present an annual report to the Prime Minister and the Deputy Prime Minister of the Federation, to each Cantonal President, 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.
(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 Ombudsman
Each Ombudsman shall draw up, or the Ombudsman 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 Legislature may change these Regulations by law.
III. DIVISION OF RESPONSIBILITIES BETWEEN THE FEDERATION GOVERNMENT AND THE CANTONS.
It is in an exclusive competence of the Federation:
a)to organize and lead the Federation defense, to protect its territory including formation of joint command of all military forces in the Federation, to supervise military production; to sign military agreements according to the BiH Constitution; to co-operate with the Permanent Council for military issues and the Ministers Council.
b)the Federation citizenship.
c)Determining the economics policy, including planning and reconstruction and policy of usage of the soil on the federal level.
d)to pass regulations on finances and financial institutions of the Federation and the Federation fiscal policy.
e)stamping out of terrorism, inter-canton crime, unauthorized drug dealing and organized crime.
f)to allot electronics frequencies for radio, TV and other purposes, according to the BiH Constitution.
g)to determine energetic policy, including inter-canton distribution and providing and maintaining the necessary infrastructure.
h)to finance the activities of the federal authorities and institutions established by federal authorities.
(deleted and replaced by Amendment VIII)
Both the Federation Governmental and the Cantons are to have responsibilities for the following:
a)Guarantied and enforcing human rights;
d)communication and traffic infrastructure, according to the BiH Constitution.
(deleted and replaced by Amendment X)
e)Social welfare policy;
f)Implementing laws and regulations concerning citizenship;
g)enforcement of the laws and other regulations on citizenship and passports of the BiH citizens from the Federation territory, and on foreigners staying and movement.
(deleted and replaced by Amendment X)
i)Use of natural resources.
As appropriate, the responsibilities in Article 2. may be exercised jointly or separately, or by the Cantons as coordinated by the Federation Government.
According, 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 through the Federation. The Federation Governmental 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 constitution, the Canton 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.
The Cantons shall have all responsibility not expressly granted to the Federation Government. They shall have in particular, responsibility for:
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)Establishment and implementing Cantonal tourism policy: developing tourism resources.
l)Financing activities of or under the aegis of the Cantonal governmental by taxation, borrowing, or other means.
IV. STRUCTURE OF THE FEDERATION GOVERNMENT
A. The Federation Legislature
1.The House of Representatives
There shall be a House of Representatives, comprising 140 Members.
The term of Members of the House of Representatives shall be four years, unless the House is dissolved in accordance with this Constitution.
(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 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.
Any eligible voter may serve as a Member of the House of Representatives.
The House of Representatives shall first be convened election have been promulgated.
2.The House of Peoples
There shall be a House of Peoples, comprising 30 Bosniacs and 30 Croat Delegates as well as Other Delegates, whose number shall be in the same to 60 as the number of Cantonal legislators not identified as Bosniacs or Croat is in relation to the number of legislation to the number of legislators who are so identified.
The term of Delegates to the House of Peoples shall be four years, unless the House is dissolved in accordance with the Constitution.
The number of Delegates to be allocated to each Canton shall be proportional to the population of the Canton. Within that number, the percentage of Bosniac, Croat, and Other Delegates of a Canton shall be as close as possible to the percentage of the Bosniac, Croat, and Other legislators in that Canton. However, there shall be at least one Bosniac, one Croat, and one Other Delegate from each Canton that has at least one such member in its Legislature, and the total number of Bosniacs, Croat, and Other Delegates shall be in accordance with Article 6. Bosniac, Croat, and Other from each Canton shall be elected by the respective legislators in that Canton's Legislature.
The Delegates shall be elected from the members of the Cantonal legislatures.
The House of Peoples shall first be convened no later than twenty days after the Cantonal Legislatures are elected.
Each House shall elect from among its members its Chairman, who shall not be from the same constituent people, and shall adopt its internal rules, which may provide for additional officers.
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.
(1)Members of either House of the Legislature shall not be held criminally or civilly liable for any acts carried out within the scope of their respective authority.
(2)No members of either House shall be detained or arrested by any authority in the Federation without the approval of that House.
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.
Each House is excepted 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 form each House of the Legislature, to develop within ten days a position acceptable to both Houses.
(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 the Federation before the start of the budgetary period.
4.Decisions of the Legislature
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.
Decisions that concern the vital interest of any of the constituent peoples shall require, in the House of Peoples, the approval of a majority of the Delegates, including a majority of the Bosniacs Delegates and of a majority of the Croats Delegates. This provision may be invoked by a majority vote of the Bosniac or Croat Delegates. If a majority of the remaining Delegates opposes the invocation of this provision, a Joint Commission of the Bosniac and Croat Delegates shall be unable to do so within one week of the provision's invocation, the question shall be determined by the Constitutional Court in an expedited procedure.
Other Decisions shall be taken by a simple majority in the House except as otherwise provided in the rules of that House or in this Constitution.
5.Powers of the Legislature
(1)In addition to other powers specified in the Constitution, the Legislature shall have responsibility for:
a)electing the Federation President and Vice-President, as provided in Article IV.B.2. of this Constitution;
b)requesting in accordance with Article IV.B.3.(1) of this Constitution that the Constitutional Court decide whether to remove the President or Vice-President;
c)approving by a majority vote the Cabinet;
d)enacting laws to exercise responsibilities allocate to the Federation Government, which shall take effect as specified therein but no sooner than when promulgated in the Official Journal;
e)authorizing any use of military force by the Federation, which must be in accordance with international law;
f)granting the cantons the authority to sign the agreements with the states and international organizations, with the agreement of the BiH Assembly, except of the agreements for which the BiH Assembly decides by the law that they do n to need such an agreement.
(deleted and replaced by Amendment X)
g)(deleted by Amendment X)
h)approval, by the majority of votes, of the agreements with the states and international organizations, with the agreements of the BiH Assembly, except of the agreements for which the BiH Assembly decides by the law that they do not need such an agreement.
(deleted and replaced by Amendment X)
i)financing the armed forces of the Federation and approving nominations of officers as provided in Article IV.B.8 of this Constitution;
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, and Chairman of the House of Representatives shall serve as Vice-President, for the necessary period.
Either House may conduct investigations and for this purposes may compel the production of testimony and documents.
B. The Federation Executive
1.The President and the Vice-President
The Federation President represents the Federation and is a head of the federal executive power.
(deleted and replaced by Amendment XI)
In electing the President and Vice-President, a caucus of the Bosniac Delegates and a caucus of the Croat Delegates to the House of Peoples shall each nominate one person. Election as President and Vice-Presidents shall require approval of the two nominees jointly by a majority vote in the House of Representatives, then by a majority vote in the House of Peoples, including a majority of the Bosniacs Delegates and a majority of the Croat Delegates. Should either House reject the joint slate, the causes shall reconsider their nominations. The persons elected shall serve alternate one-year terms as President and Vice-President during a four-year period. Successive President may not be from the same constituent people.
(1)The President or the Vice-President may be remove 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 death of office or is otherwise unworthy to serve.
(2)If either the President or the 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. Either the President or Vice-President shall perform the functions of both offices during the period provided for in the preceding sentence or while, in the opinion of the Cabinet acting by consensus, the other is temporarily unable to do so; necessary concurrence shall be sought form whichever Chairman of a House of the Legislature is from another constituent people. If both offices become vacant, the Chairman of the House of Peoples shall serve as President and the Chairman of the House of Representatives shall serve as a Vice-President, for a necessary period.
The federation Government consist of the Prime Minister and the ministers, each one having a deputy. No deputy, including the Prime Minister deputy, can belong to the same constitutive people as his minister.
(deleted and replaced by Amendment XII)
(1)The President, with concurrence of the Vice-President, shall nominate the Cabinet after consultation with Prime Minister (or the nominee for that position). Nominations shall require the approval of the majority of the House of Representatives. Any vacancy shall be filled by the same procedure.
No fewer than one-third of the Ministerial positions shall be occupied by Croats.
(2)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 and Deputy Ministers upon the proposal of the Prime Minister.
(1)Decision of the Cabinet that concern the vital interest of any of the constituent peoples shall require consensus. This provision may be invoked by one-third of the Ministers excluding the Prime Minister and the Deputy Prime Minister, unless otherwise determined by the Constitutional Court in an expected procedure requested by the Prime Minister or the Deputy Prime Minister. For the purposes of this provision, "Decisions of the cabinet" refers only to decisions described in Article IV.3.3(2), Article IV.3.9, and Article VIII.1.
(2)Except under the circumstances described in Article IV.3.3(2), when the Prime Minister concludes that the Government can not reach consensus in the circumstances, described in paragraph (1), he shall refer the pending matter to the President or Vice-President, whoever is not from the same constituent people as is the Prime Minister, for a decision without delay.
3.Distribution of the executive Competencies
Except as specifically provided in this Constitution;
a)The president shall be responsible for;
Inominating the Government, heads of diplomatic missions, officers of the military, and judges of Federation courts, in accordance with articles IV.3.5. IV.3.8. and IV.C.6;
IIserving as commander-in-chief of the military of the Federation;
IIIconducting consultation concerning appointment of Ombudsman and Judges in accordance with Article II.3.2 and IV.C.9;
IVsigning Decisions of the Legislature upon their enactment by the Legislature in accordance with Articles IV.A 17. 18 and 19;
Vsigning and ratifying the international agreements in behalf of the federation,
(deleted and replaced by Amendment XIII)
VI(deleted by Amendment XIII)
VIIgranting reprieves and pardons for offenses against Federation law, except for war crimes, crimes against humanity, and genocide.
(b)The Vice-President shall be responsible for:
Ireplacing the President in the circumstances specified in Article 3 of this Sub-Canter;
IIacting with the president in those situations in which latter is required to seek his concurrence; and
IIIcarrying out such responsibilities assigned to him by the President or by legislation.
(c)The Prime Minister should be responsible for:
Iexecuting and enforcing Federation Government policies and laws, including by ensuring that the Federation Government executes judicial decisions;
IIproposing removals to the President as provided in Article IV.3.5 (2);
IIIproposing and making recommendations concerning legislation; and
IVpreparing budgetary proposals of the Legislature.
(d)(deleted by Amendment XIII)
(e)The Deputy Prime Minister shall be responsible for
Iand performs duties of minister
(deleted and amended by Amendment XIII)
IIassisting the Prime Minister in executing and enforcing laws and policies of the Federation;
IIIdeciding whether to seek the opinion of the Constitutional Court; and
IVserving 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:
Iexecuting Federation Government policies and enforcing Federation Government laws within the scope of his Ministry or as assigned by the Prime Minister:
IIproposing and making recommendations concerning legislation within the scope his Ministry or as assigned by the Prime Minister;
IIIdirecting, coordinating and supervising the activities of his Ministry;
IVissuing notices, instructions, directives and regulations to facilitate the implementation and administration of laws concerning his Ministry those affecting matters assigned to him by the Prime Minister, subject to this Constitution and the law of the Federation;
Vformulating, explaining, and analyzing budgetary proposals concerning matters within his Ministry or any other matters assigned to him by the Prime Minister; and
VIresponding 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
VIIassisting the Prime Minister in executing and enforcing Federation Government policies and laws; and
VIIIdeciding weather to approve the invocation of the procedures described in Article IV.3.6(1).
(g)Each deputy Minister shall be responsible for;
Iassisting his Minister in executing Federation Government policies and enforcing Federation Government laws:
IIassisting his Minister in carrying out the other functions described in paragraph (f);
IIIserving as Minister should the latter be unable to serve or the position is vacant, until a new Minister takes office.
The President, with the concurrence of the Vice President, shall nominate heads of diplomatic missions in consultation with the Prime Minister (or the nominee for that position), and shall nominate officers of the armed forces. Nominations shall require the approval of a majority of each House of the Legislature, provided that approval of nominations for the members of the Joint Command of Military Forces shall require in the House of Peoples a majority of the Bosniac and Croat Delegates.
The Government is authorized to promulgate decrees having the force of the law in response to national emergencies when the Legislature is unable to do so. 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 prolongation, provided that it shall terminate immediately upon disapproval by a Decision of the Legislature or at the end of 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.
Neither the President, the Vice-President, the Prime Minister, the Deputy Prime Minister, nor the remaining members of the Government shall be held criminally or civilly liable for any acts carried out within the scope of his respective authority.
C. The Judiciary
1.General Provisions Concerning All Courts
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. 11 and by the Municipal courts specified in Article VI.8.
2)The Courts of the Federation shall be:
a)The Constitutional Court:
b)The Supreme Court; and
c)The Human Rights Court.
All organs of the government shall carry out and assist in implementing judgments and orders of all courts referred to in this Constitution.
Except as otherwise specified in this Constitution, such rules of procedure as may be necessary to ensure uniformity with the regard to due process and the basic principles of justice in the proceedings 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.
Subjects to such rules, each court may organize itself and adoptary subsidiary rules, each court may organize itself and adopt any subsidiary rules.
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)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
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.
Except as specifically otherwise provided:
a)There shall be an equal number of Bosniac and Croat Judges on each Court of the Federation. Others shall also be appropriately represented on each such Court.
b)The Judges of all the Courts of the Federation shall be nominated by the President with concurrence of the Vice-President and shall require the approval of a majority of the House of Peoples;
c)The Judges of all Courts of the Federation shall serve until age 70, unless they resign or they are removed for cause by consensus of the Judges of the same Court. However, those Judges appointed initially under this Constitution shall serve for a term of five years unless they reach age 70 sooner, but shall be eligible for reappointment.
1)The Legislature of the Federation shall by law provide for the salaries and other terms of services of all the Judges of the Courts of the Federation, which shall be equal except that special emoluments may be specified for the Presidents of each of the Courts.
2)The salaries and other emoluments of a Judge may not diminished during the period of his service on one of the Courts of the Federation.
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.
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
The Constitutional Court shall consist of nine Judges.
1)The primary function of the Constitutional Court shall be to resolve disputes:
a)between any Cantons;
b)between any Canton and Federation Government;
c)between a city, its canton or the federal authority;
d)between a municipality and a city;
e)between any Municipality and its Canton or the Federation Government; and
f)between or within any of the Institutions of the Federal Government
(c) and d) were inserted by Amendment XIV; and the original items c) and d) became items e) and f)).
2)The Constitutional Court shall:
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 weather any proposed low that has been adopted by either House of Legislature, or any law or proposed law that has been adopted by each house of the Legislature, is in accord with this Constitution;
b)At the request of the Prime Minister, of the Deputy Prime Minister, of the Cantonal President 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)determines, following a request of the Prime Minister, deputy Prime Minister or the local canton President, whether a proposed or adopted regulation, passed by a body of canton, city or municipality authority, is in accordance with this Constitution.
(deleted and replaced by Amendment XIV)
3)The Constitutional Court shall also decide constitutional questions presented by the Supreme Court or the Human Rights Court or a Cantonal Court that arise in the course of the proceeding currently pending before the Court.
Whenever the Supreme Court, the Human Rights 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 Constitutional Court in accordance with Article 10(3)
Decisions of the Constitutional Court shall be final and binding. In particular:
a)If the Court decides a dispute pursuant to Article 10 (1), all parties to the dispute shall abide by that decisions and comply with any orders the Court issued in the course of or at the end of the preceding;
b)If the Court determines that the law or regulation or proposed law or regulation of the Federation or of any Canton or of any Municipality is not in accord 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;
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 preceding in the course of which it arose and shall also have the effect specified in (b).
1)In any proceeding pursuant to Article IV.C.10 (1), both parties to the despite 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 preceding.
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 of Legislature that has adopted the law in question.
3)In any preceding pursuant to Article IV.C. 10 (3), all parties to the preceding that rise to the constitutional question at issue are entitled to be represented.
4.The Supreme Court
The Supreme Court shall have a number of Judges determined from time to time by Federation legislation but no fewer than nine.
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 or of the Human Rights Court.
2)The Supreme court shall also have such original jurisdiction as is provided by Federation legislation.
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 form the appeal in question was taken.
When the Court is exercising original jurisdiction pursuant to Article 15 IV.C. (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 IV.C. (1) of this Sub-Chapter.
5.The Human Rights Court
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.
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 instruments listed in Annex. The Court shall have jurisdiction over cases commenced after 1 January 1991.
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 a lapse of a time limit for which the miving?? 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.
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 weather the proceeding in the other court has been pending too long and weather the subject of the appeal is within its competence.
3)The Court may make other the provisions for expediting the procedures.
The Constitution Court and the Supreme Court or any other 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.
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 IV.C.18 (1).
3)The Court shall allow written and oral pleadings in every proceeding pursuant to Articles IV.C.20-22.
V. THE CANTONAL GOVERNMENTS
Each Canton shall, in carrying out its responsibilities as described in Articles III. 2 and 4 of this Constitution:
(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.
(1)Each canton can transfer its authorities to a municipality or city in its territory, or to the federal authority.
(2)Each canton can transfer the authorities concerning education, culture, tourism, local business and charity in its territory, and is obliged to do so if the majority of population in the municipality or city is not a majority population in the entire canton.
(3)Each canton can sing the agreements with the states and international organizations, with the agreement of the Federation Assembly and the BiH Assembly, except of the agreements for which the BiH Assembly decides by the law that they do not need such an agreement.
(deleted and replaced by Amendment XV)
Cantons with Bosniac-majority or a Croat-majority population 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.
Each Canton shall have a constitution, which shall provide for:
(a)the institutions described below; and
(b)the protection of the rights and freedoms described in this Constitution; and shall be consistent with this Constitution.
2.The Cantonal Legislatures
(1)Each Canton shall have a Legislature consisting of one House comprising a number of Legislators determined in proportion to its population but no fewer than thirty and no more than fifty.
(2)The term of 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. Each party receiving at least three percent of the total valid votes cast shall be allocated a number of seats proportional to its percentage of the vote received by all the parties to which seats are allocate.
(4)Before each election, each registered party shall publish a list of candidates. Each party's Cantonal Legislators shall be selected from the person highest on that party's list; replacements for Legislators shall be made for 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.
The Cantonal Legislature shall:
a)prepare and by a two-thirds majority vote approve the Cantonal Constitution;
b)elect the Cantonal President, as provided in Article V.8;
c)elect Cantonal Judges, as provided in Article V.11;
d)specify the jurisdiction of Cantonal and Municipal courts;
e)enact other legislation necessary to carry out the Canton's responsibilities; and
f)approve the Canton's budget and enact legislation to levy taxes and otherwise secure the necessary financing.
(1)Each Cantonal Legislature shall elected from among its members its Chairman and shall adopt its rules of procedure;
(2)Cantonal Legislature shall deliberate publicly, other than in exceptional circumstances as provided in their rules, and shall publish a record of their deliberations and decisions;
(3)Laws of the Cantonal Legislatures shall take effects as specified therein but no sooner than when disseminated to the public;
(4)No Cantonal Legislator shall be called to account criminally or civilly, detained, or otherwise punished for an opinion expressed, or a vote cast, in the Legislature;
(5)Cantonal Legislature may conduct investigations and for this purpose may compel the production of testimony and documents.
3.The Cantonal Executive
(1)Each Canton shall have a President, who shall be elected by a majority of the Cantonal Legislatures from among candidates nominated by Legislators.
(2)The Cantonal President shall serve a term of two years and may not serve more than two successive terms.
(3)The Cantonal President may be removed from office by a two-thirds majority vote of the Cantonal Legislature.
(4)If the office of Cantonal President becomes vacant, the Cantonal Legislature shall elect another President within thirty days. In the event that the Cantonal Legislature shall serve in his stead.
(5)The Cantonal Government shall be nominated by the Cantonal President and approved by the Cantonal Legislature by a majority vote. The organization of the Cantonal Government shall be decided in accordance with the Cantonal Constitution, provided that the Government shall reflect the composition of the population as a whole but in any case provide for representation for each constituent people.
The Cantonal Government shall be responsible for:
a)executive 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)supervision the investigation and prosecution of crimes against Cantonal law, 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.
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.
4.The Cantonal Judiciary
(1)Each Canton shall have courts, which shall have appellate jurisdiction over the courts of its Municipalities and original jurisdiction over matters not within the competence of those courts and as provided in legislation.
(2)Cantonal Judges shall be nominated by the Cantonal President from among outstanding jurists and elected by majority vote in the Cantonal Legislature, in such a way that the composition of the judiciary as a whole shall reflect that of the population of that Canton.
(3)Cantonal Judges shall serve until age 70, unless they resign or they are removed by the consensus of the Judges of the Supreme Court. The conditions of service shall be determined by Cantonal legislation. The salaries and other emoluments of a Judge any not be diminished during the period of his service on one of the courts of the Canton.
(4)Each Cantonal Court shall elect its own President.
(5)Cantons with a special regime - Central Bosnian Canton and the Neretva Canton, the final names of which shall be defined by the Federal law, in accordance with Article I) of the Constitution of the Federation of Bosnia and Herzegovina.
(inserted by Amendment I)
Articles V,1-11 of the constitution of the Federation shall be applied in the Cantons with a special regime, unless incongruous with the provisions of this amendment:
(1)Cantons shall delegate their competencies from Article V,2,(2) if so requested by the municipality. Each municipality shall exercise self-government in accordance with Article VI,2.
(2)The decisions germane to the vital interests of any of the constituent peoples in the Canton shall require the agreement by the majority of the delegates to the legislative body of the Canton, including the majority of Bosniak delegates and the majority of Croat delegates. The application of this provision may be requested by the majority of votes of Bosniak or Croat delegates. In case the majority of the remaining delegates is against the application of this provision, a Joint Commission shall be established from the Bosniak and Croat delegates with a view to resolving that issue. In case the Commission is unable to resolve the issue within seven days from the day of calling upon this provision, the issue shall be resolved on an urgent basis by the highest court in the Canton provided that the issue falls within the exclusive competency of the Canton. In case the issue is not within the exclusive competency of the Canton, the decision shall be made by the highest court of the Canton, with the possibility of appealing to the Constitutional Court of the Federation.
(3)The Canton with a special regime shall have the Governor and the Vice Governor of the Canton.
(a)Vice Governor of the Canton shall be elected in accordance with Article V,S In the election of the Governor and the Vice Governor of the Canton, the Club of Croat delegates and the Club of Bosniac delegates to the legislative body of the Canton shall each separately put forward one person. The election of the Governor and Vice Governor shall require the approval of both candidates jointly by the majority of votes of the Bosniak (delegates and by the majority of votes of the Croat delegates. In case the joint candidature fails to receive the necessary majority, the Clubs shall review the candidature for the Governor and Vice Governor of the Canton;
(b)The elected persons shall alternately hold the positions of the Governor and that of the Vice Governor during the tenure of office of one year respectively, over the period of two years. The Governors of the Cantons with a special regime can not come simultaneously from the same constituent people;
(c)Governor or the vice Governor the Canton may not perform their respective functions during the period exceeding the two consecutive two-years' terms of office
(d)The Governor and the Vice Governor of the Canton may be replaced by the two thirds majority of votes of the legislative body of the Canton, including the majority of votes of the Bosniak delegates and the majority of votes of the Croat delegates to the legislative body of the Canton;
(e)In case the Governor or the Vice Governor dies, is replaced or, according to the opinion of the cantonal government adopted by consensus, is permanently unable to perform his/her constitutional duties arising from his/her position, the procedure envisaged in the above paragraph (3) (a) shall be executed within thirty days by the Delegates Club who made the candidature of the person being replaced, in order to fill the vacancy until the end of the term which commenced. The Governor or the Vice Governor of the Canton shall perform both functions in the course of the period envisaged in the previous sentence cs according to the opinion of the cantonal government adopted by consensus, the other is unable to perform his/her duties in the course of a certain period. In case both posts become vacancies, the chair of the cantonal legislative body shall perform both functions during the necessary period of time.
(4)The Government of the Canton with a special regime shall be:
(a)nominated by the Governor of the Canton with the consent of the Vice Governor of the Canton. The nomination shall require approval by the two thirds of majority of votes in the legislative body of the Canton;
(b)made up of an equal number of members from amongst Bosniak and Croat peoples, as well as of a certain number of the members from amongst the Others, nominated and approved as envisaged in item (a) of this paragraph.
(5)The Constitution of the Canton with a special regime shall contain the provisions which shall eliminate the blockade in the decision-making by the legislative body of the Canton on the occasion of adopting indispensable laws.
(inserted by Amendment I)
In carrying out its responsibilities, each Municipality shall:
a)take all necessary steps to ensure to 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 our regard to the composition of its population.
(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.
(1)Each Municipality shall have a Governing Council.
(2)The term of the members of Municipal Governing Councils shall be two years, provided that the term of the first members of the Municipal Governing Council 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 Councilor.
The Municipal Governing Council shall:
a)prepare and by a two-thirds majority vote approve the Municipal Statute Charter;
b)elect the Municipal Executive;
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.
(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 Council shall deliberate publicly, other than in exceptional circumstances as provided in their rules, and shall keep a record of their decisions.
(3)Municipal ordinance and regulations shall take effect when specified but not before they are disseminated to the public.
The Municipal Executive shall be responsible for:
a)appointing and removing Municipal officials;
b)executing and enforcing Municipal policies, ordinances and regulations, as well as any responsibilities assigned to the Municipality by the Cantonal and Federation Governments;
c)ensuring the cooperation of Municipal officials with the Ombudsman; and
d)reporting on the implementation of Municipal policies and activities to the Governing Council and the public.
(1)Each Municipality shall have courts, which may be established in cooperation with Municipalities, and which shall have original jurisdiction over all civil and criminal matter, except to the extended original jurisdiction is assigned to another court by this or the Cantonal Constitution or by any law of the Federation or the Canton.
(2)Municipal courts shall be established and funded by the Cantonal government.
(3)Judges of Municipal courts shall be appointed by the President of the highest Cantonal Court after consultation with the Municipal Executive.
(4)Municipal Judges shall serve until age 70, unless they resign or they are removed by the consensus of the Judges of the highest Cantonal Court. The Conditions of service shall be determined by Cantonal legislation. The salaries and other emoluments of a Judge may not be diminished during the period of this service on one of the Municipal courts of the Canton.
VI.A. CITY AUTHORITIES
(1)For the areas of two of more municipalities which are connected territorially by the everyday needs of citizens, a city is being formed as a local autonomy and administration unity, according to federal law.
The city responsibility comprises:
a)finances and tax policy, according to the federal and canton laws,
e)other competence the city is being entrusted with by the canton or municipalities.
(2)The seat of the Canton with a special regime shall be organized on the strength of the same principles.
(inserted by Amendment XXV)
(3)City has a statute which must be in accordance with this Constitution, canton constitution and canton legislature.
(4)City has a city council whose composition is consisted of the same number of councilors from each municipality, and number of councilors, election procedure and duration of mandates is being prescribed by the Statute.
City council can not have less than 15 or more then 30 councilors.
In the case of the City of Mostar, the City Council shall continue to work with the existing number of councilors, provided that the number of councilors 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 councilors and the procedures for their election.
(inserted by Amendment XXV)
a)prepares and by the two-thirds majority adopted the city statute,
c)pass city budget,
d)pass regulations on executing transferred authorities and performs other competence prescribed by statute.
(6)It is in Mayor's responsibility:
a)to appoint and dismiss city officials,
b)to enforce city policy and city regulations,
c)to provide co-operation of the city officials with the ombudsmen,
d)to submit report on enforcement of city policy to city council and public.
(7)City realizes the incomes by imposing taxes, encumbering and in other ways, according to law.
(inserted by Amendment XVI, and renumbered by Amendment XXVI)
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 City of Sarajevo.
2.The composition and the manner of decision-making of the organs of the City of Sarajevo shall reflect multiethnicity 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.
(inserted by Amendment XXVI)
The international relations of the Federation must be in accordance with the international subjectivity, territorial integrity and continuity of BiH.
(deleted and replaced by Amendment XVII)
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.
The international contracts and other agreements which are in effect concerning BiH and the Federation, and the general regulations of the international law are the consisting part of the Federation legislature. In case of disagreement of an international contract or agreement with the Federation legislature, the contract or agreement will take precedence.
(deleted and replaced by Amendment XVIII)
(1)Agreements with the states and international organizations are to be signed and ratified by the Federation President in behalf of the Federation. They enter the force in the Federation only if approved by the Federation Assembly, with the previous agreement of the BiH Assembly, except if the Federation Assembly or BiH Assembly haven't prescribed by their laws that such international agreements do not need agreement.
(2)The Federation President, advised by the Prime Minister, can cancel international agreements if approved by the Federation Assembly of BIH Assembly, and is obliged to do so when it is requested by the Federation Assembly, with agreement or request of the BiH Assembly.
(deleted and replaced by Amendment XIX)
VIIIAMENDMENT OF THE CONSTITUTION
(1)Amendments of the Constitution may be proposed by the President in concurrence with the Vice-President, by the Government, by a majority of the House of Representatives, or by a majority of the Bosniac and of the Croat Delegates in the House of Peoples.
(2)Proposed amendments of the Constitution shall not receive final consideration in either House of the Federation Legislature until two weeks after they have first been presented.
(3)To be adopted, proposed amendments, proposed amendments require the following majorities:
a)In the House of Peoples, a simple majority, including a majority of the Bosniacs Delegates and a majority of the Croat Delegates;
b)In the House of Representatives, a two-thirds majority.
No amendment to the Constitution may eliminated 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
(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 representatives of Bosniac nationality.
(3)This Constitution shall enter into force at midnight of the day it is approved by the Constituent Assembly.
(1)The Constituent Assembly shall:
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)(deleted by Amendment XX)
(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.
(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).
(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 the 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 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.
(1)The first elections for the House of Representative, House of People and canton legislative bodies and municipality council are to be conducted according to the Annex III of the General Framework Agreement.
Later elections are to be conducted according to the elections laws passed by the Federation Assembly.
(deleted and replaced by Amendment XXI)
(2) Within two weeks after the 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 those nominations promptly.
(3)No persons serving sentence pronounced by the International Tribunal for the former Yugoslavia, and no persons indicted by the International Tribunal for the former Yugoslavia who doesn't appear before the Tribunal after by it, can not run for or perform any public function in the Federation territory.
(deleted and replaced by Amendment XXI)
(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).
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.
The published results of the 1991, census shall be used as appropriate in making any calculations requiring population data.
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 the other courts or agencies to be established pursuant to this Constitution, in accordance with any legislation governing the competence of such courts or agencies.
The following provisions relating to certain transitional international arrangements shall apply for the periods respectively specified:
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)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 Ministers, as that Resolution may be amended from time to time as long as that Resolution remains applicable to the Federation.
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.
If the Court concludes that its business requires the participation of more judges to avoid undue delays in the disposition of cases, the President shell make arrangement with the Council of Europe for the appointment of additional judges, in accordance with the above-specified proportion of domestic and foreign judges.
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 (OSCE) after consultation with the President and Vice-President of the Federation.
This Constitution is being applied in the municipalities of the city of Mostar and the city of Mostar itself while it is under the European Union administration, if not differently decided by the EU administrator, who must not differ from the Chapter II on human rights and basic freedoms.
President of the Federation during the EU administration is to consult the administrators concerning the full implementation of this Constitution in the city of Mostar as soon as this administration period is over.
(deleted and replaced by Amendment XXII)
(1)The Constitutional Assembly of the Federation, consisted of the representatives of the R BiH Assembly elected at the 1990, elections continues to work until the Federation Assembly is not constituted according to the Annex III and IV of the General Framework Agreement.
(2)In the period until the establish of the BiH Presidency according to the Annex II and IV of the General Framework Agreement, civil commanding over the BiH Army, including appointment of military officers, will be performed by the President of the Presidency of BiH, and civil commanding over the Croatian Defense Council, including the appointment of military officers will be performed by the President or the Vice-president of the Federation belonging to the Croatian people.
(3)Until the federal, canton and municipality officials are not elected in the transitional period according to the Article IX.3., the present administrative arrangements will remain in force within the Federation, except of the municipalities of the city of Mostar and the city of Mostar itself, which will be administrated by the EU administrator through the period determined by the EU and both President and Vice -president Federation.
(deleted and replaced by Amendment XXIII)
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
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 1996. 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.
9.1963. 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 covenant 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 Belief.
14.1984. 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.
18.1990. Document of the Copenhagen Meeting of the Conference on the Human Dimension of the OSCE.
19.1990. Council of Europe Parliamentary Assembly Recommendation on the Rights of Minorities, parts 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 for protection of national minorities from 1994.
(inserted by Amendment XXIV)
We, the delegations to the high-level Transition Committee, endorse the above Constitution, which was developed and agreed at our meeting in Vienna between March 4, and March 14 1994. We hereby undertake to propose this constitution for the approval of the Constituent Assembly described in Chapter IX upon our mutual agreement.
 The original text was:
"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 promote peace,
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, the Statement of Principles by the International Conference on the Former Yugoslavia (ICFY) at its session in London, as well as the decisions of the United Nations Security Council relating to the former Yugoslavia; and
Based on the sovereignty and territorial integrity of the Republic of Bosnia and Herzegovina,
The peoples and citizens of Bosnia and Herzegovina, determined to ensure full national equality, democratic relations, and the highest standards of human rights and freedoms, hereby create a Federation."
 The original text was:
"(1) Bosniacs and Croats, as constituent peoples (along with Others) and citizens of the Republic of Bosnia and Herzegovina, in the exercise of their sovereign rights, transform the internal structure of the territories with a majority of Bosniacs and Croat population in the Republic of Bosnia and Herzegovina into a Federation, which is composed of federal units with equal rights and responsibilities.
(2)Decisions on the constitutional status of the territories of the Republic of Bosnia and Herzegovina with a majority of Serb population shall be made in the course of negotiations toward a peaceful settlement and at the (ICFY)."
 The original text was:
"As the principles set out below and the rights and freedoms provided in the instruments listed in the Annex are to be applied throughout the territory of the Republic of Bosnia and Herzegovina, the following provisions govern the Federation."
 The original text was:
"The Federation shall ensure the application of the highest level of internationally recognized rights and freedoms provided in the instruments listed in the Annex."
 The original text was:
"All persons shall have the right, to be implemented in accordance with Federation legislation and Cantonal legislation consistent therewith, to have restored to them any property of to be compensated for any property which can not be restored to them. All statements or commitment made under duress, particularly those relating to the relinquishment of rights to land or property, shall be treated as null and void.'
 The original text was:
"The acquisition and termination of citizenship shall be regulated by Federation Legislation, provided that:
a)No person shall be deprived of citizenship arbitrarily or in such a way as to leave him stateless.
b)All citizens shall be entitled to hold the citizenship of another state."
 The original text was:
"The Federation Government is to have exclusive responsibility for:
a)Conducting foreign affairs.
b)Organizing and conducting the defense of the Federation and protecting its borders, including establishing a joint command of all military forces in the Federation, controlling military production, and making joint military arrangements.
d)Making economic policy, including planning, and reconstruction, and land use policy on the federal level.
e)Regulating commerce, including customs, international trade and finance, trade within the Federation, industrial property rights, product standards, securities, and communications.
f)Regulating finance and financial institutions, including establishing and controlling the currency of the Federation, making monetary and fiscal policy, and establishing a central bank.
g)Combating international and inter-cantonal crimes, in particular terrorism, drug trafficking, and organized crime, and cooperating with Interpol.
h)Allocating electronic frequencies for radio, television, and other purposes.
i)Making energy policy, including inter-cantonal distribution matters, and providing and maintaining the related infrastructure.
j)Financing activities of or under the aegis of the Federation Government by taxation, borrowing, or other means."
 The original text was:
"d)Infrastructure for communications and transport;"
 The original text was:
"g)Immigration and asylum;"
 The original text was:
"f)authorizing Cantons to conclude agreements with states and international rganizations;"
 The original text was:
"g.guiding the Prime Minister in the conduct of foreign affairs;"
 The original text was:
"h)approving treaties by majority vote;"
 The original text was:
"The President shall be the head of state."
 The original text was:
"The Cabinet shall consist of a Prime Minister, who shell be the head of government: a Deputy Prime Minister: and Ministers, each of whom shall have a Deputy. No deputy (including the Deputy Prime Minister) may be from the same constituent people as his Minister. The Deputy Prime Minister shall serve alternately as either Defense Minister of Foreign Minister."
 The original text was:
"Vsigning and ratifying international agreements on behalf of Federation, consistent with articles IV.3.7(d);"
 The original text was:
"VI. receiving and accrediting ambassadors; and"
 The original text was:
"d.The President and the Prime Minister shall be jointly responsible for conducting foreign affairs within guidelines provided by the Legislature under Article IV.A.20(1) (a)."
 The original text said:
"I.serving alternately as either Defense Minister or Foreign Minister;"
 The original text said:
"d)At the request of the Prime Minister, the Deputy Prime Minister, or of the Cantonal President concerned, determine whether any regulation enacted or proposed regulation to be enacted by any organ of the Cantonal or Municipal government is in accord with this Constitution."
 The original text was:
"(1) Each Canton is authorized to delegate or confer its responsibilities to Municipalities in its territory or to the Federation Government.
(2)Each Canton may delegate functions concerning education, culture, tourism, local business and charitable organizations, and radio and television to its Municipalities whose majority population is other that of the Canton as a whole.
(3)Each Canton may enter into agreements with states and international organizations only with the consent of the Legislature of the Federation."
 The original text was:
"The international relations of the Federation are based on the international personality, territorial integrity, and continuity of the Republic of Bosnia and Herzegovina."
 The original text was:
"International treaties and other agreements in force in respect of 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."
 The original text was:
"(1) International treaties and other agreements shall be signed and ratified in the name of the Federation by the Federation President. They shall only enter into force for the Federation if approved by the Federation Legislature, except to the extend that Legislature provides by the law that certain types of agreements do not require such approval.
(2)The Federation President, on the advice of the Prime Minister, may denounce international treaties or agreements insofar as permitted by the international law, and shall do so if so direct by the Federation Legislature."
 The original text was:
"c.enact an interim electoral law, in accordance with Article IX.3.(4) and Article IX.4.(1)."
 The original text was:
"(1) Elections for the House of Representatives and the House of peoples shall be held within six months of the entry into force of this Constitution, and for the Cantonal Legislatures and for Municipal Governing Councils within five months of such entry intro force. These elections shall Assembly by a majority vote, including a majority of the Bosniac representatives and a majority of the Croat representatives, and shall be monitored by the United Nations and by OSCE."
 The original text was:
"(3) No person who has been convicted or war crimes or against whom proceedings have been initiated concerning the commission of war crimes shall be elected to any public office within the Federation."
 The original text was:
"This Constitution shall apply in the District of Sarajevo and the Municipality of the City of Mostar while these are under international administration, except as otherwise decided by the international administrator, who may not derogate from the Chapter on Human Rights and Fundamental Freedoms. The President of the Federation shall during the period of international administration consult with such administrators with a view to facilitating the Municipalities as soon as the period ends."
 The original text was:
"(1) The Assembly of the Republic of Bosnia and Herzegovina elected in 1990, shall continue its work under the responsibilities stated in the Constitution of the Republic, until a final peace agreement concerning Bosnia and Herzegovina is reached and implemented.
(2)The Presidency and the Government of the Republic of Bosnia and Herzegovina shall maintain its powers under the existing Constitution of Bosnia and Herzegovina until a final peace agreement concerning Bosnia and Herzegovina is reached and implemented, provided that such powers may not interfere with any governmental powers established pursuant to this Constitution.
(3)Until Interim Federation, Cantonal, and Municipal officials are elected in accordance with Article IX.3. of this Constitution, present administrative arrangements will continue in effect within the Federation, except in the Mostar City Municipality, which will be governed by a European Union Administrator for up to two years."