Bosnian constitutional reform on one page

I hope my friends at Circle (Krug) 99 in Sarajevo won’t mind my republishing this statement. It is a clear and concise proposal for constitutional changes in Bosnia and Herzegovina presented at their January 19 session. It also puts the responsibility where it belongs: primarily on Bosnians.

The current Constitutional arrangement of Bosnia and Herzegovina is based on Annex 4 of the Dayton Peace Agreement, whose principal attribute Is the cessation of armed conflict in our country. However, its implementation over the past three decades has clearly shown that this consensual constitutional arrangement in fact represents an obstacle to the development of Bosnia and Herzegovina as a democratic state in harmony with contemporary standards. For this reason, constitutional reform is necessary and should unfold in three directions.

First, we should incorporate into the constitution the actual achievements of constitutional development attained up to now. For example, the Constitution provides for legal regulation of state symbols, and this has been realized. The symbols have been adopted and have taken on a life of their own. Now it is necessary to raise their normalization to the constitutional level. In addition, reform of the armed forces, introduction of a Court and Prosecutor’s Office of Bosnia and Herzegovina, intelligence agencies and indirect taxation – these are all new institutions and authorities for our state that should be dealt with in a coherent text of the principal law of the land.

Second, the Constitution is replete with provisions of a limited time nature. In other words, their validity and implementation are linked with precisely defined timelines. Some of these have either expired, or they present solutions that are no longer realistically implementable because of the afore-mentioned developments. For example, there is the convening of the Constitutional Court, the first naming of the Executive Council of the Central Bank with a foreigner as its governor, and the Permanent Committee for military issues. Constitutional reform would include eliminating references of this kind.

The third direction of reform is perhaps the most demanding, since it calls for the harmonization of the Constitution with decisions of the European Court of Human Rights, which has time after time referred to the discriminatory nature of current provisions that limit the active and passive voting rights for the House of Peoples and for the Presidency of Bosnia and Herzegovina. It would be enough to recall the decision in the Kovacevic vs. Bosnia case, where the claimant demonstrated that the House of Peoples at the state level has no electoral legitimacy under today’s constitutional arrangements.

There exists in this country the will, the professional expertise and expert communities necessary to conduct a thorough constitutional reform, whose work hopefully would be augmented with considerable assistance of international players. ** Presenters at the “Krug 99” session were: Professor Dr. Sukrija Baksic Law Faculty of the University of Sarajevo 19 January 2025 ** Adil Kulenović, president