Implementing Reforms in Bosnia and Herzegovina: The Challenge of the Constitutional Process (original) (raw)

Bosnia: Institutional Change, Consociation and Democracy

Oslobođenje, 2021

Debates on electoral and constitutional change have now returned to the forefront of political agenda. The focus is on the judgments of the European Court of Human Rights on discrimination against others in the election of members of the Presidency and the House of Peoples of the Parliamentary Assembly, as well as on old disputes over the election of the Croatian member of the Presidency. Sources of the debate, however, are deeper because various arguments reflect old, mutually opposing views on how BiH should be organized. Those who propose a shift towards a unitary, or slightly decentralized, "functional" state model clash with advocates of a highly decentralized political community based on the "original" Dayton Agreement.

Bosnia and Herzegovina: Constitutional Politics in a 'State of Minorities'

Constitutional Politics in Multinational Democracies, 2021

This chapter proceeds as follows. In the first part, we discuss to what extent federalism can serve as a tool of peace-building and conflict resolution in societies recovering from (violent) conflict. Federalism and other power-sharing mechanisms have been increasingly used in the post-Cold War era in order to stabilize political systems, prevent further conflict and lay the foundation of a basic democratic system of governance (Noel 2005). In Bosnia, both federalism and consociationalism were used to bring an end to the conflict between Bosniaks, Serbs and Croats. Yet, as our discussion will highlight, important questions remain regarding this approach. In the second part of the chapter, we discuss the case of Bosnia and Herzegovina in more detail. We elaborate on the provisions of the GFAP and how the agreement and its provisions have become a major point of contention among the different groups in post-war Bosnia. We argue that all three major groups in Bosnia have a ‘minority complex’ and that this complex drives their policy proposals and constitutional visions. In the concluding section, we highlight what Bosnia can teach us about other post-war countries and how federalism and power-sharing can be used to facilitate conflict resolution and democratization.

"Constitutional Reform in Bosnia and Herzegovina: Does the Road to Confederation go through the EU?"

This article considers Bosnia and Herzegovina (BiH)’s constitutional reform path options following the 20-year anniversary of the Dayton Agreement that ended the war. The need for substantive structural and constitutional reform has not gone away, and there is an open question on whether and how Euro-Atlantic integration processes might influence reform outcomes. First, a brief review of constitutional reform efforts to date is presented. Second, arguments for and against constitutional reform in BiH are summarized. Next, some characteristics of federal and confederal systems are introduced to frame discussions on BiH decision-making capabilities, and the role of the state vs lower levels of government. This includes a discussion on the issue of a BiH ‘coordination mechanism’ to manage EU integration, and whether or not the state might need some sort of supremacy clause. The article closes with some musings on the apparent trajectory of the country. The case of BiH is not sui generis, and can contribute to the literature and potentially influence policy-makers interested in the implementation and possible re-negotiation of peace treaties and constitutions – issues relevant to any countries emerging from divisive, violent conflict.

Post-conflict Reconstruction through State-and Nation-building: The Case of Bosnia and Herzegovina

European Diversity and Autonomy Papers, EDAP, 2005

The article analyses the effects of the implementation of the Dayton Peace Agreement, which had been based on a "political" compromise with various static and dynamic elements, with regard to the functioning of institutions, developments in the party system, rule of law, effective administration and the economy. In particular the role of the High Representative and the Constitutional Court´s jurisprudence are highlighted for post-conflict reconstruction through state-and nation-building. Finally, based also on a critique of the role of the International Community, the remaining problems are addressed such as the economic viability and attractiveness for foreign investment and the need to shift the balance more from ethnic power-sharing to state effectiveness. In this regard, lessons to be learned from the Bosnian case study are drawn and put into a prospective context for further integration into the European Union.

Bosnia-Herzegovina: Developments towards a More Integrated State?

Journal of Muslim Minority Affairs, 2002

When riots erupted over the reconstruction of the Ferhadija Mosque in Banja Luka in May 2001 and at the same time the dominant Croat party, the Croatian Democratic Community (HDZ), continued its policy of boycotting Bosnian institutions, it seemed as if the fragile interethnic peace, established by the Dayton Peace Accord (DPA) of November 1995, might disintegrate. In reality, these crises merely re ect the continuing dominance of ethnicity in post-war Bosnia. These events can also be viewed as a response of nationalist political parties to a recent trend away from ethnic separation and suspicion to a more integrated Bosnia. A key decision by the Constitutional Court and the establishment of new governments at the level of entities and joint institutions without nationalist parties for the rst time since 1990 seem to point towards a more multinational Bosnia.