Index
DECISION
and SIGNATURES
PREAMBLE
I. ESTABLISHMENT OF THE FEDERATION
II. HUMAN RIGHTS
A.
General
B.
Initial Appointment and Functions of the Ombudsmen
III.
DIVISION OF RESPONSIBILITIES BETWEEN THE FEDERATION GOVERNMENT
AND THE CANTONS
IV.
STRUCTURE OF THE FEDERATION GOVERNMENT
A.
The Federation Legislature
B.
The Federation Executive
C.
The Judiciary
V.
THE CANTONAL GOVERNMENTS
1.
General Provisions
2.
The Cantonal Legislatures
3.
The Cantonal Executive
4.
The Cantonal Judiciary
VI.
THE MUNICIPALITY GOVERNMENTS
VII.
INTERNATIONAL RELATIONS
VIII.
AMENDMENTS TO THE CONSTITUTION
IX.
APPROVAL AND ENTRY INTO FORCE OF THE CONSTITUTION AND TRANSITIONAL
ARRANGEMENTS
ANNEX:
HUMAN RIGHTS INSTRUMENTS TO BE INCORPORATED INTO THE FEDERATION
CONSTITUTION
DECISION
and SIGNATURES
Today we endorse the proposed Constitution of the Federation of
Bosnia and Herzegovina, as well as a preliminary agreement concerning
future economic and military cooperation between the Federation
and the Republic of Croatia. These agreements mark our common commitment
to the pursuit of peace in Bosnia and Herzegovina and throughout
our region. We are agreed that our efforts will be intensified in
the search for an overall political settlement that assures the
protection of human rights and the preservation of the sovereignty
and territorial integrity of all states in the region.
The Bosniac and the Croat delegations affirm their commitment
to propose this Constitution to a Constituent Assembly, as the
basis for a Federation ensuring full national equality, democratic
relations, and the highest standards of human rights and freedoms.
All delegations join in their support for the principles of confederation,
which can lay the foundation for a more prosperous and secure
future for the peoples of the region.
In order to broaden our cooperation, we have decided that we
will immediately:
(1) Form a Joint Group to serve as the sole representative of
the Bosniacs and the Croats in all negotiations with the Serbs
concerning an overall settlement in Bosnia and Herzegovina.
(2) Ask the Conference on Security and Cooperation in Europe
(CSCE) to appoint Ombudsmen to begin work in Bosnia and Herzegovina,
with the mandate described in the proposed Constitution.
(3) Invite the European Union to organize its administration
of the District of Mostar as soon as possible.
(4) Continue the full and immediate implementation of the measures
agreed by the military transition team in Split on March 12 and
encourage the development of arrangements for the further disengagement
of forces.
Alija Izetbegovic
Haris Silajdzic
Franjo Tudjman
Kresimir Zubak
March 18, 1994
PROPOSED
CONSTITUTION OF THE FEDERATION OF
BOSNIA AND HERZEGOVINA
PREAMBLE
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.
I.
ESTABLISHMENT OF THE FEDERATION
Article 1 (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 Bosniac 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.
Article 2 The Federation consists of federal units (Cantons).
The methods and procedures for physically demarking 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.
Article 3 The official name of the Federation is The Federation
of Bosnia and Herzegovina.
Article 4 The capital of the Federation shall be Sarajevo.
Article 5 (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 Bosniac Delegates and a majority of the Croat
Delegates.
Article 6 (1) The official languages of the Federation shall
be the Bosniac language 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 Bosniac Delegates and a majority
of the Croat Delegates.
II.
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
A.
GENERAL
Article 1 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.
Article 2 The Federation shall ensure the application of the
highest level of internationally recognized rights and freedoms
provided in the instruments listed in the Annex. In particular:
(1) All persons within the territory of the Federation shall
enjoy the rights:
(a) To life;
(b) To liberty, with arrest and detention authorized only by
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;
(g) To privacy;
(h) To freedom of movement;
(i) To asylum;
(j) To protection of the family and of children;
(k) To property;
(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;
(m) To education;
(n) To social protection;
(o) To health;
(p) To nutrition;
(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.
Article 3 All refugees and displaced persons have the right to
freely return to their homes of origin.
Article 4 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
which they were deprived in the course of ethnic cleansing and
to be compensated for any property which cannot be restored to
them. All statements or commitments made under duress, particularly
those relating to the relinquishment of rights to land or property,
shall be treated as null and void.
Article 5
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.
Article 6 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.16.
Article 7 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 Ombudsmen
1.
General Provisions
Article 1 (1) There shall be three Ombudsmen, 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 of this Constitution.
(2) Each of the Ombudsmen shall, with the approval of the President,
appoint one or more Deputies. They shall in particular seek to
appoint Deputies in Municipalities with populations that do not
reflect the composition of the Canton as a whole. The competent
authorities shall facilitate such efforts.
(3) The terms of service of the Ombudsmen 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.
Article 2 (1) The Ombudsmen 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 the Cantons.
In particular, they shall act to reverse the consequences of the
violations of these rights and liberties and especially of ethnic
cleansing.
(2) In carrying out their functions, the Ombudsmen must be guided
by law and by the principles of morality and justice.
Article 3 Each Ombudsman shall exercise his functions individually,
except as otherwise provided herein. Two or more Ombudsmen may
cooperate in carrying out any of their functions.
Article 4 The Ombudsmen are independent in carrying out their
functions, and no person or governmental organ may interfere with
such functions.
2.
The Competence and the Powers of the Ombudsmen
Article 5 The Ombudsmen may examine the activities of any institution
of the Federation, Canton, or Municipality, as well as of any institution
or person by whom human dignity, rights, or liberties may be negated,
including by accomplishing ethnic cleansing or preserving its effects.
Article 6 (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.
Article 7 (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. Ombudsmen may also attend court
and administrative hearings, as well as meetings of other organs,
and may [*749] enter and inspect any place where persons deprived
of their liberty are confined or work.
(2) The Ombudsmen, their Deputies, and any person 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.
Reports of the Ombudsmen
Article 8 (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 CSCE.
(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 Ombudsmen Article 9 Each Ombudsman shall
draw up, or the Ombudsmen 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. The Federation Legislature may change
these Regulations by law.
III.
DIVISION OF RESPONSIBILITIES BETWEEN THE FEDERATION GOVERNMENT
AND THE CANTONS
Article 1 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.
(c) Citizenship.
(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) Combatting 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.
Article 2 Both the Federation Government and the Cantons are
to have responsibilities for the following:
(a) Guaranteeing and enforcing human rights;
(b) Health;
(c) Environmental policy;
(d) Infrastructure for communications and transport;
(e) Social welfare policy;
(f) Implementing laws and regulations concerning citizenship;
(g) Immigration and asylum;
(h) Tourism; and
(i) Use of natural resources.
Article 3 As appropriate, the responsibilities in Article 2
may be exercised jointly or separately, or by the Cantons as coordinated
by the Federation Government.
Accordingly, 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 throughout
the Federation. The Federation Government 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 constitutions, the
Cantons 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.
Article 4 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) Establishing and implementing Cantonal tourism policy; developing
tourism resources.
(l) Financing activities of or under the aegis of the Cantonal
government by taxation, borrowing, or other means.
IV. STRUCTURE OF THE FEDERATION GOVERNMENT
A.
The Federation Legislature
1. The House of Representatives
Article 1 There shall be a House of Representatives, comprising
140 Members.
Article 2 The term of Members of the House of Representatives
shall be four years, unless the House is dissolved in accordance
with this Constitution.
Article 3 (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 votes 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.
Article 4 Any eligible voter may serve as a Member of the House
of Representatives.
Article 5 The House of Representatives shall first be convened
not later than twenty days after the results of the election have
been promulgated.
2. The House of Peoples
Article 6 There shall be a House of Peoples, comprising 30 Bosniac
and 30 Croat Delegates as well as Other Delegates, whose number
shall be in the same ratio to 60 as the number of Cantonal legislators
not identified as Bosniac or Croat is in relation to the number
of legislators who are so identified.
Article 7 The term of Delegates to the House of Peoples shall
be four years, unless the House is dissolved in accordance with
the Constitution.
Article 8 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 the 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 Bosniac, Croat, and Other
Delegates shall be in accordance with Article 6. Bosniac, Croat,
and Other Delegates from each Canton shall be elected by the respective
legislators in that Canton's Legislature.
Article 9 The Delegates shall be elected from the members of
the Cantonal legislatures.
Article 10 The House of Peoples shall first be convened no later
than twenty days after the Cantonal Legislatures are elected.
3.
General
Article 11 Each House shall elect from among its members its Chairman
and a Deputy Chairman, who shall not be from the same constituent
people, and shall adopt its internal rules, which may provide for
additional officers.
Article 12 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.
Article 13 (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 member of either House shall be detained or arrested
by any authority in the Federation without the approval of that
House.
Article 14 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. Article 15 Each House
is expected 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 from each House of the Legislature,
to develop within ten days a position acceptable to both Houses.
Article 16 (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 of the Federation before the start of the
budgetary period.
4.
Decisions of the Legislature
Article 17 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.
Article 18 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 Bosniac Delegates and of a majority of the Croat 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 established to resolve the issue.
If the Commission is unable to do so within one week of the provision's
innovation, the question shall be determined by the Constitutional
Court in an expedited procedure.
Article 19 Other Decisions shall be taken by a simple majority
in each House except as otherwise provided in the rules of that
House or in this Constitution.
5.
Powers of the Legislature
Article 20 (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 allocated 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) authorizing Cantons to conclude agreements with states and
international organizations;
(g) guiding the Prime Minister in the conduct of foreign affairs;
(h) approving treaties by majority vote.
(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.
Article 21 Either House may conduct investigations and for this
purpose may compel the production of testimony and documents.
B. The Federation Executive
1. The President and the Vice-President
Article 1 The President shall be the head of state.
Article 2 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-President 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 Bosniac Delegates and a majority of the Croat Delegates.
Should either House reject the joint slate, the caucuses shall
reconsider their nominations. The persons elected shall serve
alternative one-year terms as President and Vice-President during
a four-year period. Successive Presidents may not be from the
same constituent people.
Article 3 (1) The President or the Vice-President may be removed
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 oath 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 concurrences shall
be sought from 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 service
as Vice-President, for the necessary period.
2. The Cabinet
Article 4 The Cabinet shall consist of a Prime Minister, who shall
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 alternatively as either Defense
Minister or Foreign Minister.
Article 5 (1) The President, with the concurrence of the Vice-President,
shall nominate the Cabinet after consultation with the Prime Minister
(or the nominee for that position). Nominations shall require
the approval of a 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.
Article 6 (1) Decisions 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 Deputy Prime Minister, unless otherwise
determined by the Constitutional Court in an expedited procedure
requested by the Prime Minister or the Deputy Prime Minister.
For the purposes of this provision, "Decisions of the Cabinet"
refers only to the decisions described in Article IV.B.3(2), Article
IV.B.9, and Article VIII.1.
(2) Except under the circumstances described in Article IV.B.3(2),
when the Prime Minister concludes that the Government cannot 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 Executive Competencies.
Article 7 Except as specifically provided in this Constitution:
(a) The President shall be responsible for:
(i) nominating the Government, heads of diplomatic missions,
officers of the military, and judges of Federation courts, in
accordance with Articles IV.B.5, IV.B.8, and IV.C.6;
(ii) serving as commander-in-chief of the military of the Federation;
(iii) conducting consultations concerning the appointment of
Ombudsmen and Judges in accordance with Article II.B.2 and IV.C.9;
(v) signing Decisions of the Legislature upon their enactment
by the Legislature in accordance with Articles IV.A.17, 18, and
19;
(vi) signing and ratifying international agreements on behalf
of the Federation, consistent with Article IV.B.7(d);
(vii) receiving and accrediting ambassadors; and
(viii) granting 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:
(i) replacing the President in the circumstances specified in
Article 3 of this Sub-Chapter;
(ii) acting with the President in those situations in which
the latter is required to seek his concurrence; and
(iii) carrying out such responsibilities assigned to him by
the President or by legislation.
(c) The Prime Minister shall be responsible for:
(i) executing and enforcing Federation Government policies and
laws, including by ensuring that the Federation Government executes
judicial decisions;
(ii) proposing removals to the President as provided in Article
IV.B.5(2);
(iii) proposing and making recommendations concerning legislation;
and
(iv) preparing budgetary proposals of the Legislature.
(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).
(e) The Deputy Prime Minister shall be responsible for:
(i) serving alternately as either Defense Minister or Foreign
Minister;
(ii) assisting the Prime Minister in executing and enforcing
laws and policies of the Federation;
(iii) deciding whether to seek the opinion of the Constitutional
Court; and
(iv) serving 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:
(i) executing Federation Government policies and enforcing Federation
Government laws within the scope of his Ministry or as assigned
by the Prime Minister;
(ii) proposing and making recommendations concerning legislation
within the scope of his Ministry or as assigned by the Prime Minister;
(iii) directing, coordinating, and supervising the activities
of his Ministry;
(iv) issuing notices, instructions, directives, and regulations
to facilitate the implementation and administration of laws concerning
his Ministry and those affecting matters assigned to him by the
Prime Minister, subject to this Constitution and the law of the
Federation;
(v) formulating, explaining, and analyzing budgetary proposals
concerning his Ministry or, at the request of the Prime Minister,
other matters;
(vi) responding 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
(vii) assisting the Prime Minister in executing and enforcing
Federation Government policies and laws; and
(viii) deciding whether to approve the invocation of the procedures
described in Article IV.B.6(1).
(g) Each Deputy Minister shall be responsible for:
(i) assisting his Minister in executing Federation Government
policies and enforcing Federation Government laws;
(ii) assisting his Minister in carrying out the other functions
described in paragraph (f); and
(iii) serving as Minister should the latter be unable to serve
or the position is vacant, until a new Minister takes office.
Article 8 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 of the Croat Delegates.
Article 9 The Government is authorized to promulgate decrees
having the force of 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 promulgation,
provided that it shall terminate immediately upon disapproval
by a Decision of the Legislature or at the end of the 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.
4.
Immunities
Article 10 Neither the President, 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
Article 1 (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.ll 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.
Article 2 All organs of government shall carry out and assist
in implementing judgments and orders of all courts referred to
in this Constitution.
Article 3 Except as otherwise specified in this Constitution,
such rules of procedure as may be necessary to ensure uniformity
with 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. Subject to such rules, each court may organize itself
and adopt any subsidiary rules.
Article 4 (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
Article 5 (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.
Article 6 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 the 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 Federations shall serve
until age 70, unless they resign or they are removed for cause
by the 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.
Article 7 (1) The Legislature of the Federation shall by law
provide for the salaries and other terms of service 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 be
diminished during the period of his service on one of the courts
of the Federation.
Article 8 (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
Article 9 The Constitutional Court shall consist of nine Judges.
Article 10 (1) The primary function of the Constitutional Court
shall be to resolve disputes:
(a) between any Cantons;
(b) between any Canton and the Federation Government;
(c) between any Municipality and its Canton or the Federation
Government; and
(d) between or within any of the institutions of the Federation
Government.
(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 whether
any proposed law that has been adopted by either House of the
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) 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.
(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 a proceeding currently
pending before that Court.
Article 11 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 Constitution, it shall stay the proceeding
and present the question to the Constitutional Court in accordance
with Article 10(3).
Article 12 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 decision and comply
with any orders of the Court issued in the course of or at the
end of the proceeding;
(b) If the Court determines that a law or regulation or proposed
law or regulation of the Federation or of any Canton or of any
Municipality is not in accord with 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 proceeding
in the course of which it arose and shall also have the effect
specified in (b).
Article 13 (1) In any proceeding pursuant to Article 10(1),
both parties to the dispute 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 proceeding.
(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 or
Legislature that has adopted the law in question.
(3) In any proceeding pursuant to Article 10(3), all parties
to the proceeding that gave rise to the constitutional question
at issue are entitled to be represented.
4.
The Supreme Court
Article 14 The Supreme Court shall have a number of Judges determined
from time to time by Federation legislation but no fewer than
nine.
Article 15 (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.
Article 16 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 from which the appeal in question was taken.
Article 17 When the Court is exercising original jurisdiction
pursuant to Article 15(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(1) of this
Sub-Chapter.
5.
The Human Rights Court
Article 18 (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.
Article 19 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 of
the instruments listed in the Annex. The Court shall have jurisdiction
over cases commenced after 1 January 1991.
Article 20 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 the lapse
of a time limit for which the moving 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.
Article 21 (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 whether the proceeding in
the other court has been pending too long and whether the subject
of the appeal is within its competence.
(3) The Court may make other provisions for expediting proceedings.
Article 22 The Constitutional Court and the Supreme Court or
any 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.
Article 23
(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 18(1).
(3) The Court shall allow written and oral pleadings in every
proceeding pursuant to Articles 20-22.
V.
THE CANTONAL GOVERNMENTS
1.
General Provisions
Article 1 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.
Article 2 (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 and shall do so
to those Municipalities whose majority population is other than
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.
Article 3 Cantons with a 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.
Article 4 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
Article 5 (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 two years.
(3) 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 allocated.
(4) Before each election, each registered party shall publish
a list of candidates. Each party's Cantonal Legislators shall
be selected from the persons highest on that party's list; replacements
for Legislators shall be made from 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.
Article 6 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.
Article 7 (1) Each Cantonal Legislature shall elect from among
its members its Chairman and shall adopt its rules of procedure.
(2) Cantonal Legislatures 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 effect 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 Legislatures may conduct investigations and for
this purpose may compel the production of testimony and documents.
3. The Cantonal Executive
Article 8 (1) Each Canton shall have a President, who shall be elected
by a majority of the Cantonal Legislature 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 President is temporarily
unable to serve, the Chairman of 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.
Article 9 The Cantonal Government shall be responsible for:
(a) executing 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) supervising 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.
Article 10 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
Article 11 (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 may
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.
VI.
MUNICIPALITY GOVERNMENTS
Article 1 In carrying out its responsibilities, each Municipality
shall:
(a) take all necessary steps to ensure the 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 due regard to the composition
of its population.
Article 2 (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.
Article 3 (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 Councils 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 Councillor.
Article 4 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.
Article 5 (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 Councils shall deliberate publicly,
other than in exceptional circumstances as provided in their rules,
and shall keep a record of their decisions.
(3) Municipal ordinances and regulations shall take effect when
specified but not before they are disseminated to the public.
Article 6 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
Ombudsmen; and
(d) reporting on the implementation of Municipal policies and
activities to the Governing Council and the public.
Article 7 (1) Each Municipality shall have courts, which may
be established in cooperation with other Municipalities, and which
shall have original jurisdiction over all civil and criminal matters,
except to the extent 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 [*774] 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 his service
on one of the Municipal courts of the Canton.
VII. INTERNATIONAL RELATIONS
Article 1 The international relations of the Federation are based
on the international personality, territorial integrity, and continuity
of the Republic of Bosnia and Herzegovina.
Article 2 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.
Article 3 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.
Article 4 (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 extent
that that Legislature provides by 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 international law, and shall do so if so directed by the Federation
Legislature.
VIII.
AMENDMENT OF THE CONSTITUTION
Article 1 (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 require the following
majorities:
(a) In the House of Peoples, a simple majority, including a
majority of the Bosniac Delegates and a majority of the Croat
Delegates;
(b) In the House of Representatives, a two-thirds majority.
Article 2 No amendment to the Constitution may eliminate 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
Article 1 (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 the delegation of the Bosniac people,
comprising all representatives of Bosniac nationality.
(3) This Constitution shall enter into force at midnight of
the day it is approved by the Constituent Assembly.
Article 2 (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) enact an interim electoral law, in accordance with Article
IX.3(4) and Article IX.4(1).
(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.
Article 3 (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 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 elect 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.
Article 4 (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 into force. These elections shall be governed by a law to
be adopted by the Constituent 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 CSCE.
(2) Within two weeks after each 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 these nominations promptly.
(3) No person who has been convicted of 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.
Article 5
(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).
Article 6
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.
Article 7
The published results of the 1991 census shall be used as appropriate
in making any calculations requiring population data.
Article 8 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 other courts or agencies to be established
pursuant to this Constitution, in accordance with any legislation
governing the competence of such courts or agencies.. Article
9 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) (i) 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 Minister, as that Resolution may be
amended from time to time as long as that Resolution remains applicable
to the Federation.
(ii) 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.
(iii) If the Court concludes that its business requires the
participation of more judges to avoid undue delays in the disposition
of cases, the President shall make arrangements with the Council
of Europe for the appointment of additional judges, in accordance
with the above-specified proportion of domestic and foreign judges.
(e) 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 (CSCE) after consultation with the President and Vice-President
of the Federation.
Article 10 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
full application of this Constitution in such Municipalities as
soon as the period ends.
Article 11
(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 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, providing 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.
ANNEX 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
1966 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. 1965 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 Convenant 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 Relief
14. 1981 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 CSCE, Part IV
19. 1990 Council of Europe Parliamentary Assembly Recommendation
on the Rights of Minorities, paras. 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
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