ANNEX 4
Constitution of Bosnia and Herzegovina
Preamble
Based on respect for
human dignity, liberty, and
equality,
Dedicated to peace, justice, tolerance, and
reconciliation,
Convinced that democratic governmental institutions and
fair procedures best produce peaceful relations within a
pluralist society,
Desiring to promote the general welfare and economic
growth through the protection of private property and the
promotion of a market economy,
Guided by the Purposes and Principles of the Charter of
the United Nations,
Committed to the sovereignty, territorial integrity, and
political independence of Bosnia and Herzegovina in
accordance with international law,
Determined to ensure full respect for international
humanitarian law,
Inspired by the Universal Declaration of Human Rights,
the International Covenants on Civil and Political Rights
and on Economic, Social and Cultural Rights, and the
Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities,
as well as other human rights instruments,
Recalling the Basic Principles agreed in Geneva on
September 8, 1995, and in New York on September 26,
1995,
Bosniacs, Croats, and Serbs, as constituent peoples
(along with Others), and citizens of Bosnia and
Herzegovina hereby determine that the Constitution of
Bosnia and Herzegovina is as follows:
Article I: Bosnia and Herzegovina
- Continuation. The
Republic of Bosnia and
Herzegovina, the official name of which shall
henceforth be "Bosnia and Herzegovina," shall
continue its legal existence under international
law as a state, with its internal structure
modified as provided herein and with its present
internationally recognized borders. It shall
remain a Member State of the United Nations and
may as Bosnia and Herzegovina maintain or apply
for membership in organizations within the United
Nations system and other international
organizations.
Democratic Principles. Bosnia and Herzegovina
shall be a democratic state, which shall operate
under the rule of law and with free and democratic
elections.
Composition. Bosnia
and Herzegovina shall consist
of the two Entities, the Federation of Bosnia and
Herzegovina and the Republika Srpska (hereinafter "the Entities").
Movement of Goods. Services. Capital. and Persons.
There shall be freedom of movement throughout
Bosnia and Herzegovina. Bosnia and Herzegovina and
the Entities shall not impede full freedom of
movement of persons, goods, services, and capital
throughout Bosnia and Herzegovina. Neither Entity
shall establish controls at the boundary between
the Entities.
Capital. The capital of Bosnia and Herzegovina
shall be Sarajevo.
Symbols. Bosnia and Herzegovina shall have such
symbols as are decided by its Parliamentary
Assembly and approved by the Presidency.
Citizenship. There shall be a citizenship of
Bosnia and Herzegovina, to be regulated by the
Parliamentary Assembly, and a citizenship of each
Entity, to be regulated by each Entity, provided
that:
All citizens of either Entity are thereby
citizens of Bosnia and Herzegovina.
No person shall be deprived of Bosnia and
Herzegovina or Entity citizenship arbitrarily
or so as to leave him or her stateless. No
person shall be deprived of Bosnia and
Herzegovina or Entity citizenship on any
ground such as sex, race, color, language,
religion, political or other opinion,
national or social origin, association with a
national minority, property, birth or other
status.
All persons who were citizens of the Republic
of Bosnia and Herzegovina immediately prior
to the entry into force of this Constitution
are citizens of Bosnia and Herzegovina. The
citizenship of persons who were naturalized
after April 6, 1992 and before the entry into
force of this Constitution will be regulated
by the Parliamentary Assembly.
Citizens of Bosnia and Herzegovina may hold
the citizenship of another state, provided
that there is a bilateral agreement, approved
by the Parliamentary Assembly in accordance
with Article IV(4)(d), between Bosnia and
Herzegovina and that state governing this
matter. Persons with dual citizenship may
vote in Bosnia and Herzegovina and the
Entities only if Bosnia and Herzegovina is
their country of residence.
- A citizen of Bosnia and Herzegovina abroad
shall enjoy the protection of Bosnia and
Herzegovina. Each Entity may issue passports
of Bosnia and Herzegovina to its citizens as
regulated by the Parliamentary Assembly.
Bosnia and Herzegovina may issue passports to
citizens not issued a passport by an Entity.
There shall be a central register of all
passports issued by the Entities and by
Bosnia and Herzegovina.
Article II: Human Rights and Fundamental Freedoms
- Human Rights. Bosnia and Herzegovina and both
Entities shall ensure the highest level of
internationally recognized human rights and
fundamental freedoms. To that end, there shall be
a Human Rights Commission for Bosnia and
Herzegovina as provided for in Annex 6 to the
General Framework Agreement.
International Standards. The rights and freedoms
set forth in the European Convention for the
Protection of Human Rights and Fundamental
Freedoms and its Protocols shall apply directly in
Bosnia and Herzegovina. These shall have priority
over all other law.
Enumeration of Rights. All persons within the
territory of Bosnia and Herzegovina shall enjoy
the human rights and fundamental freedoms referred
to in paragraph 2 above; these include:
- The right to life.
The right not to be subjected to torture or
to inhuman or degrading treatment or
punishment.
The right not to be held in slavery or
servitude or to perform forced or compulsory
labor.
The rights to liberty and security of person.
The right to a fair hearing in civil and
criminal matters, and other rights relating
to criminal proceedings.
The right to private and family life, home,
and correspondence.
Freedom of thought, conscience, and religion.
Freedom of expression.
Freedom of peaceful assembly and freedom of
association with others.
The right to marry and to found a family.
The right to property.
The right to education.
- The right to liberty of movement and
residence.
Non-Discrimination. The enjoyment of the rights
and freedoms provided for in this Article or in
the international agreements listed in Annex I to
this Constitution shall be secured to all persons
in Bosnia and Herzegovina without discrimination
on any ground such as sex, race, color, language,
religion, political or other opinion, national or
social origin, association with a national
minority, property, birth or other status.
Refugees and Displaced Persons. All refugees and
displaced persons have the right freely to return
to their homes of origin. They have the right, in
accordance with Annex 7 to the General Framework
Agreement, to have restored to them property of
which they were deprived in the course of
hostilities since 1991 and to be compensated for
any such property that cannot be restored to them.
Any commitments or statements relating to such
property made under duress are null and void.
Implementation. Bosnia and Herzegovina, and all
courts, agencies, governmental organs, and
instrumentalities operated by or within the
Entities, shall apply and conform to the human
rights and fundamental freedoms referred to in
paragraph 2 above.
International Agreements. Bosnia and Herzegovina
shall remain or become party to the international
agreements listed in Annex I to this Constitution.
- Cooperation. All competent authorities in Bosnia
and Herzegovina shall cooperate with and provide
unrestricted access to: any international human
rights monitoring mechanisms established for
Bosnia and Herzegovina; the supervisory bodies
established by any of the international agreements
listed in Annex I to this Constitution; the
International Tribunal for the Former Yugoslavia
(and in particular shall comply with orders issued
pursuant to Article 29 of the Statute of the
Tribunal); and any other organization authorized
by the United Nations Security Council with a
mandate concerning human rights or humanitarian
law.
Article III: Responsibilities of and Relations Between
the Institutions of Bosnia and Herzegovina and the
Entities
- Responsibilities of the Institutions of Bosnia and
Herzegovina.
The following matters are the responsibility of
the institutions of Bosnia and Herzegovina:
- Foreign policy.
Foreign trade policy.
Customs policy.
Monetary policy as provided in Article VII.
Finances of the institutions and for the
international obligations of Bosnia and
Herzegovina.
Immigration, refugee, and asylum policy and
regulation.
International and inter-Entity criminal law
enforcement, including relations with
Interpol.
Establishment and operation of common and
international communications facilities.
Regulation of inter-Entity transportation.
- Air traffic control.
Responsibilities of the Entities.
- The Entities shall have the right to
establish special parallel relationships with
neighboring states consistent with the
sovereignty and territorial integrity of
Bosnia and Herzegovina.
Each Entity shall provide all necessary
assistance to the government of Bosnia and
Herzegovina in order to enable it to honor
the international obligations of Bosnia and
Herzegovina, provided that financial
obligations incurred by one Entity without
the consent of the other prior to the
election of the Parliamentary Assembly and
Presidency of Bosnia and Herzegovina shall be
the responsibility of that Entity, except
insofar as the obligation is necessary for
continuing the membership of Bosnia and
Herzegovina in an international organization.
The Entities shall provide a safe and secure
environment for all persons in their
respective jurisdictions, by maintaining
civilian law enforcement agencies operating
in accordance with internationally recognized
standards and with respect for the
internationally recognized human rights and
fundamental freedoms referred to in Article
II above, and by taking such other measures
as appropriate.
- Each Entity may also enter into agreements
with states and international organizations
with the consent of the Parliamentary
Assembly. The Parliamentary Assembly may
provide by law that certain types of
agreements do not require such consent.
Law and Responsibilities of the Entities and the
Institutions.
- All governmental functions and powers not
expressly assigned in this Constitution to
the institutions of Bosnia and Herzegovina
shall be those of the Entities.
- The Entities and any subdivisions thereof
shall comply fully with this Constitution,
which supersedes inconsistent provisions of
the law of Bosnia and Herzegovina and of the
constitutions and law of the Entities, and
with the decisions of the institutions of
Bosnia and Herzegovina. The general
principles of international law shall be an
integral part of the law of Bosnia and
Herzegovina and the Entities.
Coordination. The Presidency may decide to
facilitate inter-Entity coordination on matters
not within the responsibilities of Bosnia and
Herzegovina as provided in this Constitution,
unless an Entity objects in any particular case.
- Additional Responsibilities.
- Bosnia and Herzegovina shall assume
responsibility for such other matters as are
agreed by the Entities; are provided for in
Annexes 5 through 8 to the General Framework
Agreement; or are necessary to preserve the
sovereignty, territorial integrity, political
independence, and international personality
of Bosnia and Herzegovina, in accordance with
the division of responsibilities between the
institutions of Bosnia and Herzegovina.
Additional institutions may be established as
necessary to carry out such responsibilities.
- Within six months of the entry into force of
this Constitution, the Entities shall begin
negotiations with a view to including in the
responsibilities of the institutions of
Bosnia and Herzegovina other matters,
including utilization of energy resources and
cooperative economic projects.
Article IV: Parliamentary Assembly
The Parliamentary Assembly shall have two
chambers: the House of Peoples and the House of
Representatives.
- House of Peoples. The House of Peoples shall
comprise 15 Delegates, two-thirds from the
Federation (including five Croats and five
Bosniacs) and one-third from the Republika Srpska
(five Serbs).
- The designated Croat and Bosniac Delegates
from the Federation shall be selected,
respectively, by the Croat and Bosniac
Delegates to the House of Peoples of the
Federation. Delegates from the Republika
Srpska shall be selected by the National
Assembly of the Republika Srpska.
- Nine members of the House of Peoples shall
comprise a quorum, provided that at least
three Bosniac, three Croat, and three Serb
Delegates are present.
House of Representatives. The House of
Representatives shall comprise 42 Members, two-
thirds elected from the territory of the
Federation, one-third from the territory of the
Republika Srpska.
- Members of the House of Representatives shall
be directly elected from their Entity in
accordance with an election law to be adopted
by the Parliamentary Assembly. The first
election, however, shall take place in
accordance with Annex 3 to the General
Framework Agreement.
- A majority of all members elected to the
House of Representatives shall comprise a
quorum.
Procedures.
- Each chamber shall be convened in Sarajevo
not more than 30 days after its selection or
election.
Each chamber shall by majority vote adopt its
internal rules and select from its members
one Serb, one Bosniac, and one Croat to serve
as its Chair and Deputy Chairs, with the
position of Chair rotating among the three
persons selected.
All legislation shall require the approval of
both chambers.
All decisions in both chambers shall be by
majority of those present and voting. The
Delegates and Members shall make their best
efforts to see that the majority includes at
least one-third of the votes of Delegates or
Members from the territory of each Entity. If
a majority vote does not include one-third of
the votes of Delegates or Members from the
territory of each Entity, the Chair and
Deputy Chairs shall meet as a commission and
attempt to obtain approval within three days
of the vote. If those efforts fail, decisions
shall be taken by a majority of those present
and voting, provided that the dissenting
votes do not include two-thirds or more of
the Delegates or Members elected from either
Entity.
A proposed decision of the Parliamentary
Assembly may be declared to be destructive of
a vital interest of the Bosniac, Croat, or
Serb people by a majority of, as appropriate,
the Bosniac, Croat, or Serb Delegates
selected in accordance with paragraph l(a)
above. Such a proposed decision shall require
for approval in the House of Peoples a
majority of the Bosniac, of the Croat, and of
the Serb Delegates present and voting.
When a majority of the Bosniac, of the Croat,
or of the Serb Delegates objects to the
invocation of paragraph (e), the Chair of the
House of Peoples shall immediately convene a
Joint Commission comprising three Delegates,
one each selected by the Bosniac, by the
Croat, and by the Serb Delegates, to resolve
the issue. If the Commission fails to do so
within five days, the matter will be referred
to the Constitutional Court, which shall in
an expedited process review it for procedural
regularity.
The House of Peoples may be dissolved by the
Presidency or by the House itself, provided
that the House's decision to dissolve is
approved by a majority that includes the
majority of Delegates from at least two of
the Bosniac, Croat, or Serb peoples. The
House of Peoples elected in the first
elections after the entry into force of this
Constitution may not, however, be dissolved.
Decisions of the Parliamentary Assembly shall
not take effect before publication.
Both chambers shall publish a complete record
of their deliberations and shall, save in
exceptional circumstances in accordance with
their rules, deliberate publicly.
- Delegates and Members shall not be held
criminally or civilly liable for any acts
carried out within the scope of their duties
in the Parliamentary Assembly.
- Powers. The Parliamentary Assembly shall have
responsibility for:
- Enacting legislation as necessary to
implement decisions of the Presidency or to
carry out the responsibilities of the
Assembly under this Constitution.
Deciding upon the sources and amounts of
revenues for the operations of the
institutions of Bosnia and Herzegovina and
international obligations of Bosnia and
Herzegovina.
Approving a budget for the institutions of
Bosnia and Herzegovina.
Deciding whether to consent to the
ratification of treaties.
- Such other matters as are necessary to carry
out its duties or as are assigned to it by
mutual agreement of the Entities.
Article V: Presidency
The Presidency of Bosnia and Herzegovina shall
consist of three Members: one Bosniac and one
Croat, each directly elected from the territory of
the Federation, and one Serb directly elected from
the territory of the Republika Srpska.
- Election and Term.
- Members of the Presidency shall be directly
elected in each Entity (with each voter
voting to fill one seat on the Presidency) in
accordance with an election law adopted by
the Parliamentary Assembly. The first
election, however, shall take place in
accordance with Annex 3 to the General
Framework Agreement. Any vacancy in the
Presidency shall be filled from the relevant
Entity in accordance with a law to be adopted
by the Parliamentary Assembly.
- The term of the Members of the Presidency
elected in the first election shall be two
years; the term of Members subsequently
elected shall be four years. Members shall be
eligible to succeed themselves once and shall
thereafter be ineligible for four years.
Procedures.
- The Presidency shall determine its own rules
of procedure, which shall provide for
adequate notice of all meetings of the
Presidency.
The Members of the Presidency shall appoint
from their Members a Chair. For the first
term of the Presidency, the Chair shall be
the Member who received the highest number of
votes. Thereafter, the method of selecting
the Chair, by rotation or otherwise, shall be
determined by the Parliamentary Assembly,
subject to Article IV(3).
The Presidency shall endeavor to adopt all
Presidency Decisions (i.e., those concerning
matters arising under Article III(l)(a) -
(e)) by consensus. Such decisions may,
subject to paragraph (d) below, nevertheless
be adopted by two Members when all efforts to
reach consensus have failed.
- A dissenting Member of the Presidency may
declare a Presidency Decision to be
destructive of a vital interest of the Entity
from the territory from which he was elected,
provided that he does so within three days of
its adoption. Such a Decision shall be
referred immediately to the National Assembly
of the Republika Srpska, if the declaration
was made by the Member from that territory;
to the Bosniac Delegates of the House of
Peoples of the Federation, if the declaration
was made by the Bosniac Member; or to the
Croat Delegates of that body, if the
declaration was made by the Croat Member. If
the declaration is confirmed by a two-thirds
vote of those persons within ten days of the
referral, the challenged Presidency Decision
shall not take effect.
Powers.
The Presidency shall have responsibility
for:
- Conducting the foreign policy of Bosnia and
Herzegovina.
Appointing ambassadors and other
international representatives of Bosnia and
Herzegovina, no more than two-thirds of whom
may be selected from the territory of the
Federation.
Representing Bosnia and Herzegovina in
international and European organizations and
institutions and seeking membership in such
organizations and institutions of which
Bosnia and Herzegovina is not a member.
Negotiating, denouncing, and, with the
consent of the Parliamentary Assembly,
ratifying treaties of Bosnia and Herzegovina.
Executing decisions of the Parliamentary
Assembly.
Proposing, upon the recommendation of the
Council of Ministers, an annual budget to the
Parliamentary Assembly.
Reporting as requested, but not less than
annually, to the Parliamentary Assembly on
expenditures by the Presidency.
Coordinating as necessary with international
and nongovernmental organizations in Bosnia
and Herzegovina.
- Performing such other functions as may be
necessary to carry out its duties, as may be
assigned to it by the Parliamentary Assembly,
or as may be agreed by the Entities.
Council of Ministers.
The Presidency shall
nominate the Chair of the Council of Ministers,
who shall take office upon the approval of the
House of Representatives. The Chair shall nominate
a Foreign Minister, a Minister for Foreign Trade,
and other Ministers as may be appropriate, who
shall take office upon the approval of the House
of Representatives.
- Together the Chair and the Ministers shall
constitute the Council of Ministers, with
responsibility for carrying out the policies
and decisions of Bosnia and Herzegovina in
the fields referred to in Article III(1),
(4), and (5) and reporting to the
Parliamentary Assembly (including, at least
annually, on expenditures by Bosnia and
Herzegovina).
No more than two-thirds of all Ministers may
be appointed from the territory of the
Federation. The Chair shall also nominate
Deputy Ministers (who shall not be of the
same constituent people as their Ministers),
who shall take office upon the approval of
the House of Representatives.
- The Council of Ministers shall resign if at
any time there is a vote of no-confidence by
the Parliamentary Assembly.
- Standing Committee.
- Each member of the Presidency shall, by
virtue of the office, have civilian command
authority over armed forces. Neither Entity
shall threaten or use force against the other
Entity, and under no circumstances shall any
armed forces of either Entity enter into or
stay within the territory of the other Entity
without the consent of the government of the
latter and of the Presidency of Bosnia and
Herzegovina. All armed forces in Bosnia and
Herzegovina shall operate consistently with
the sovereignty and territorial integrity of
Bosnia and Herzegovina.
- The members of the Presidency shall select a
Standing Committee on Military Matters to
coordinate the activities of armed forces in
Bosnia and Herzegovina. The Members of the
Presidency shall be members of the Standing
Committee.
Article VI: Constitutional Court
- Composition.
The Constitutional Court of Bosnia
and Herzegovina shall have nine members.
- Four members shall be selected by the House
of Representatives of the Federation, and two
members by the Assembly of the Republika
Srpska. The remaining three members shall be
selected by the President of the European
Court of Human Rights after consultation with
the Presidency.
Judges shall be distinguished jurists of high
moral standing. Any eligible voter so
qualified may serve as a judge of the
Constitutional Court. The judges selected by
the President of the European Court of Human
Rights shall not be citizens of Bosnia and
Herzegovina or of any neighboring state.
The term of judges initially appointed shall
be five years, unless they resign or are
removed for cause by consensus of the other
judges. Judges initially appointed shall not
be eligible for reappointment. Judges
subsequently appointed shall serve until age
70, unless they resign or are removed for
cause by consensus of the other judges.
- For appointments made more than five years
after the initial appointment of judges, the
Parliamentary Assembly may provide by law for
a different method of selection of the three
judges selected by the President of the
European Court of Human Rights.
Procedures.
- A majority of all members of the Court shall
constitute a quorum.
- The Court shall adopt its own rules of court
by a majority of all members. It shall hold
public proceedings and shall issue reasons
for its decisions, which shall be published.
Jurisdiction.
The Constitutional Court shall
uphold this Constitution.
- The Constitutional Court shall have exclusive
jurisdiction to decide any dispute that
arises under this Constitution between the
Entities or between Bosnia and Herzegovina
and an Entity or Entities, or between
institutions of Bosnia and Herzegovina,
including but not limited to:
- Whether an Entity's decision to
establish a special parallel
relationship with a neighboring state is
consistent with this Constitution,
including provisions concerning the
sovereignty and territorial integrity of
Bosnia and Herzegovina.
- Whether any provision of an Entity's
constitution or law is consistent with
this Constitution.
Disputes may be referred only by a member of
the Presidency, by the Chair of the Council
of Ministers, by the Chair or a Deputy Chair
of either chamber of the Parliamentary
Assembly, by one-fourth of the members of
either chamber of the Parliamentary Assembly,
or by one-fourth of either chamber of a
legislature of an Entity.
The Constitutional Court shall also have
appellate jurisdiction over issues under this
Constitution arising out of a judgment of any
other court in Bosnia and Herzegovina.
- The Constitutional Court shall have
jurisdiction over issues referred by any
court in Bosnia and Herzegovina concerning
whether a law, on whose validity its decision
depends, is compatible with this
Constitution, with the European Convention
for Human Rights and Fundamental Freedoms and
its Protocols, or with the laws of Bosnia and
Herzegovina; or concerning the existence of
or the scope of a general rule of public
international law pertinent to the court's
decision.
- Decisions. Decisions of the Constitutional Court
shall be final and binding.
Article VII: Central Bank
There shall be a Central Bank of Bosnia and
Herzegovina, which shall be the sole authority for
issuing currency and for monetary policy
throughout Bosnia and Herzegovina.
- The Central Bank's responsibilities will be
determined by the Parliamentary Assembly. For the
first six years after the entry into force of this
Constitution, however, it may not extend credit by
creating money, operating in this respect as a
currency board; thereafter, the Parliamentary
Assembly may give it that authority.
The first Governing Board of the Central Bank
shall consist of a Governor appointed by the
International Monetary Fund, after consultation
with the Presidency, and three members appointed
by the Presidency, two from the Federation (one
Bosniac, one Croat, who shall share one vote) and
one from the Republika Srpska, all of whom shall
serve a six-year term. The Governor, who shall not
be a citizen of Bosnia and Herzegovina or any
neighboring state, may cast tie-breaking votes on
the Governing Board.
- Thereafter, the Governing Board of the Central
Bank of Bosnia and Herzegovina shall consist of
five persons appointed by the Presidency for a
term of six years. The Board shall appoint, from
among its members, a Governor for a term of six
years.
Article VIII: Finances
- The Parliamentary Assembly shall each year, on the
proposal of the Presidency, adopt a budget
covering the expenditures required to carry out
the responsibilities of institutions of Bosnia and
Herzegovina and the international obligations of
Bosnia and Herzegovina.
If no such budget is adopted in due time, the
budget for the previous year shall be used on a
provisional basis.
- The Federation shall provide two-thirds, and the
Republika Srpska one-third, of the revenues
required by the budget, except insofar as revenues
are raised as specified by the Parliamentary
Assembly.
Article IX: General Provisions
- No person who is serving a sentence imposed by the
International Tribunal for the Former Yugoslavia,
and no person who is under indictment by the
Tribunal and who has failed to comply with an
order to appear before the Tribunal, may stand as
a candidate or hold any appointive, elective, or
other public office in the territory of Bosnia and
Herzegovina.
Compensation for persons holding office in the
institutions of Bosnia and Herzegovina may not be
diminished during an officeholder's tenure.
- Officials appointed to positions in the
institutions of Bosnia and Herzegovina shall be
generally representative of the peoples of Bosnia
and Herzegovina.
Article X: Amendment
- Amendment Procedure. This Constitution may be
amended by a decision of the Parliamentary
Assembly, including a two-thirds majority of those
present and voting in the House of
Representatives.
- Human Rights and Fundamental Freedoms. No
amendment to this Constitution may eliminate or
diminish any of the rights and freedoms referred
to in Article II of this Constitution or alter the
present paragraph.
Article XI: Transitional Arrangements
Transitional arrangements concerning public
offices, law, and other matters are set forth in
Annex II to this Constitution.
Article XII: Entry into Force
- This Constitution shall enter into force upon
signature of the General Framework Agreement as a
constitutional act amending and superseding the
Constitution of the Republic of Bosnia and
Herzegovina.
- Within three months from the entry into force of
this Constitution, the Entities shall amend their
respective constitutions to ensure their
conformity with this Constitution in accordance
with Article III(3)(b).
Annex I: Additional Human Rights Agreements To Be
Applied In Bosnia And Herzegovina
- 1948 Convention on the Prevention and Punishment
of the Crime of Genocide
1949 Geneva Conventions I-IV on the Protection of
the Victims of War, and the 1977 Geneva Protocols
I-II thereto
1951 Convention relating to the Status of Refugees
and the 1966 Protocol thereto
1957 Convention on the Nationality of Married
Women
1961 Convention on the Reduction of Statelessness
1965 International Convention on the Elimination
of All Forms of Racial Discrimination
1966 International Covenant on Civil and Political
Rights and the 1966 and 1989 Optional Protocols
thereto
1966 Covenant on Economic, Social and Cultural
Rights
1979 Convention on the Elimination of All Forms of
Discrimination against Women
1984 Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
1987 European Convention on the Prevention of
Torture and Inhuman or Degrading Treatment or
Punishment
1989 Convention on the Rights of the Child
1990 International Convention on the Protection of
the Rights of All Migrant Workers and Members of
Their Families
1992 European Charter for Regional or Minority
Languages
- 1994 Framework Convention for the Protection of
National Minorities
Annex II: Transitional Arrangements
- Joint Interim Commission.
- The Parties hereby establish a Joint Interim
Commission with a mandate to discuss
practical questions related to the
implementation of the Constitution of Bosnia
and Herzegovina and of the General Framework
Agreement and its Annexes, and to make
recommendations and proposals.
The Joint Interim Commission shall be
composed of four persons from the Federation,
three persons from the Republika Srpska, and
one representative of Bosnia and Herzegovina.
- Meetings of the Commission shall be chaired
by the High Representative or his or
designee.
Continuation of Laws.
All laws, regulations, and judicial rules of
procedure in effect within the territory of Bosnia
and Herzegovina when the Constitution enters into
force shall remain in effect to the extent not
inconsistent with the Constitution, until
otherwise determined by a competent governmental
body of Bosnia and Herzegovina .
Judicial and Administrative Proceedings.
All proceedings in courts or administrative
agencies functioning within the territory of
Bosnia and Herzegovina when the Constitution
enters into force shall continue in or be
transferred to other courts or agencies in Bosnia
and Herzegovina in accordance with any legislation
governing the competence of such courts or
agencies.
Offices.
Until superseded by applicable agreement or law,
governmental offices, institutions, and other
bodies of Bosnia and Herzegovina will operate in
accordance with applicable law.
- Treaties.
Any treaty ratified by the Republic of Bosnia and
Herzegovina between January 1, 1992 and the entry
into force of this Constitution shall be disclosed
to Members of the Presidency within 15 days of
their assuming office; any such treaty not
disclosed shall be denounced. Within six months
after the Parliamentary Assembly is first
convened, at the request of any member of the
Presidency, the Parliamentary Assembly shall
consider whether to denounce any other such
treaty.
Declaration On Behalf Of The Republic Of Bosnia And
Herzegovina
The Republic of Bosnia and Herzegovina approves
the Constitution of Bosnia and Herzegovina at
Annex 4 to the General Framework Agreement.
For the Republic of Bosnia and Herzegovina
Declaration On Behalf Of The Federation Of Bosnia And
Herzegovina
The Federation of Bosnia and Herzegovina, on
behalf of its constituent peoples and citizens,
approves the Constitution of Bosnia and
Herzegovina at Annex 4 to the General Framework
Agreement.
For the Federation of Bosnia and Herzegovina
Declaration On Behalf Of The Republika Srpska
The Republika Srpska approves the Constitution of
Bosnia and Herzegovina at Annex 4 to the General
Framework Agreement.
For the Republika Srpska
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