Bosnia and Herzegovina Constitutional Commission

Bosnia and Herzegovina Constitutional Commission
Name	Bosnia and Herzegovina Constitutional Commission
Formation	1990s
Headquarters	Sarajevo
Region served	Bosnia and Herzegovina
Leader title	Chair

Bosnia and Herzegovina Constitutional Commission is an ad hoc body formed to review, interpret, and propose changes to the constitutional arrangements of Bosnia and Herzegovina following the Bosnian War and the Dayton Agreement. It operated within a complex post-conflict framework shaped by international actors such as the Office of the High Representative and the European Union, and by domestic institutions including the Parliamentary Assembly of Bosnia and Herzegovina and the Constitutional Court of Bosnia and Herzegovina. The commission sought to reconcile provisions of the Constitution of Bosnia and Herzegovina with commitments under the General Framework Agreement for Peace, addressing issues raised by political parties like the Party of Democratic Action, the Serb Democratic Party (Bosnia) and the Croatian Democratic Union of Bosnia and Herzegovina.

Background and Establishment

The commission was established amid efforts to implement the Dayton Peace Accords and to respond to rulings by the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina concerning discrimination and constituent peoples. International mediation by actors such as the Contact Group (Balkans), the United Nations Security Council, and the North Atlantic Treaty Organization influenced its formation. Domestic political crises involving leaders like Alija Izetbegović, Radovan Karadžić, and Franjo Tuđman framed the need for constitutional review, alongside legal debates referencing the Yugoslav Wars and the dissolution of Socialist Federal Republic of Yugoslavia institutions.

Mandate and Functions

The commission's mandate included examining compatibility between constitutional provisions and decisions of the European Court of Human Rights, the Constitutional Court of Bosnia and Herzegovina, and commitments to the Stabilisation and Association Agreement (EU). It provided analyses for the High Representative for Bosnia and Herzegovina and advised the Council of Ministers of Bosnia and Herzegovina and the Presidency of Bosnia and Herzegovina. Tasks involved drafting proposals for amendments, assessing compliance with international treaties such as the European Convention on Human Rights, and recommending institutional reforms affecting the Federation of Bosnia and Herzegovina and the Republika Srpska.

Membership and Composition

Members were drawn from jurists, constitutional scholars, and former judges, with representation informed by political parties including the Social Democratic Party of Bosnia and Herzegovina, the Democratic Front (Bosnia) and ethnic delegations linked to Bosniak, Serb, and Croat constituencies. International experts nominated by the Office of the High Representative and the Council of Europe served alongside national figures such as former members of the Constitutional Court of Bosnia and Herzegovina and academics from the University of Sarajevo and the University of Banja Luka. The appointment process involved the Parliamentary Assembly of Bosnia and Herzegovina and consultations with the Peace Implementation Council.

Key Activities and Reports

The commission produced analytical reports addressing the status of constituent peoples, electoral constituencies implicated in cases like Sejdić and Finci v. Bosnia and Herzegovina, and institutional arrangements for the Common Institutions of Bosnia and Herzegovina. It issued recommendations responding to landmark rulings by the European Court of Human Rights and advisory opinions from the Venice Commission. Topics included amendments to the Constitution of the Federation of Bosnia and Herzegovina, reform of the House of Peoples of Bosnia and Herzegovina, and proposals for mechanisms to implement decisions of the Human Rights Chamber for Bosnia and Herzegovina. Reports were circulated to international bodies such as the European Commission and regional actors like the Organization for Security and Co-operation in Europe.

Legal and Political Impact

Some proposals informed legislative drafts debated in the Parliament of the Federation of Bosnia and Herzegovina and the National Assembly of Republika Srpska, and influenced interventions by the High Representative for Bosnia and Herzegovina using the Bonn Powers. The commission's work intersected with jurisprudence from the European Court of Human Rights and shaped political dialogue involving leaders from the Croat National Congress and civic groups like the Citizens' Initiative. While certain recommendations facilitated accession-related reforms linked to the European Union accession process, entrenched positions by parties such as the Alliance of Independent Social Democrats limited full implementation.

Controversies and Criticisms

Critics accused the commission of privileging international perspectives over local political consent, citing tensions with sovereignty claims by the Republika Srpska leadership and objections from the Croatian Democratic Union of Bosnia and Herzegovina. Legal scholars referenced debates over the scope of the High Representative for Bosnia and Herzegovina and alleged democratic deficits noted by the Venice Commission and the European Court of Human Rights. Accusations included a lack of transparency, politicized appointments, and failure to reconcile divergent interpretations held by parties such as the Party for Bosnia and Herzegovina and the People's Party Work for Betterment.

Legacy and Reforms

The commission's legacy includes contributing to discourse on constitutional reform, informing successive amendment attempts, and shaping recommendations adopted in part by the Parliamentary Assembly of Bosnia and Herzegovina and international guarantors like the United States Department of State and the British Foreign Office. Its analyses continue to be cited in debates over compliance with the European Convention on Human Rights and the implementation of rulings like Sejdić and Finci v. Bosnia and Herzegovina. Calls for renewed processes led to subsequent initiatives by the Council of Europe and the Office of the High Representative aimed at broader constitutional settlement.

Category:Politics of Bosnia and Herzegovina Category:Law of Bosnia and Herzegovina