# Constitution of Bosnia and Herzegovina

The Constitution of Bosnia and Herzegovina (Serbo-Croatian: Ustav Bosne i Hercegovine / Устав Босне и Херцеговине) is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed on 14 December 1995. The Constitution saw the end of war in Bosnia and Herzegovina, however it has seen a large amount of criticism. Under the supervision of international community, an "arrangement of amendments" (later called "April arrangement of amendments") to the Constitution, agreed upon by leading political parties, was proposed for adoption in the Parliamentary Assembly of Bosnia and Herzegovina in April 2006, but it failed to get the approval of two-thirds of members in the House of Representatives.
In five cases since 2009, the European Court of Human Rights has determined that the constitution discriminates against Jews, Roma, and other Bosnian citizens who are not Croat, Serb, or Bosniak for running for president. The constitution has yet to be amended.

## Nature of the Constitution

The Constitution of Bosnia and Herzegovina is the constitution in international contractual form, since it is an integral part of a larger peace agreement signed by Alija Izetbegović, Franjo Tuđman and Slobodan Milošević, three presidents of countries involved in war in Bosnia and Herzegovina, as well as the representatives of European Union (Felipe González), United States (Bill Clinton), Germany (Helmut Kohl), United Kingdom (John Major), France (Jacques Chirac) and Russia (Viktor Chernomyrdin). This nature of the Constitution was also of vital importance for the Constitutional Court of Bosnia and Herzegovina, in its landmark decision on constituency of peoples (U-5/98), since it declared that the Constitution could be interpreted as a treaty regulated under the in 1969 Vienna Convention on the Law of Treaties, which was of great importance in the interpretation of the Preamble of the Constitution.

## Preamble

The Preamble states, among other things, the commitment of Bosnia and Herzegovina to freedom, equality, tolerance and democratic institutions of government. It also states that the carriers of sovereignty are "constituent peoples" (Bosniaks, Croats and Serbs), along with "Others" and "citizens of Bosnia and Herzegovina", which has also seen a great amount of debate between legal scholars over an apparent contradiction.

## Articles

* Article I – on Bosnia and Herzegovina: Continuation, Democratic Principles, Composition, Movement of Goods, Capital, Symbols and Citizenship
* Article II – on Human Rights and Fundamental Freedoms: Human Rights, International Standards, Enumeration of Rights, Non-Discrimination, Refugees and Displaced Persons, Implementation, International Agreements and Cooperation
* Article III – on Responsibilities of and Relations Between the Institutions of Bosnia and Herzegovina and the Entities: Responsibilities of the Institutions of Bosnia and Herzegovina, Responsibilities of the Entities, Law and Responsibilities of the Entities and the Institutions, Coordination and Additional Responsibilities
* Article IV – on Parliamentary Assembly: House of Peoples, House of Representatives, Procedures and Powers
* Article V – on Presidency: Election and Term, Procedures, Powers, Council of Ministers and Standing Committee
* Article VI – on Constitutional Court: Composition, Procedures, Jurisdiction and Decisions
* Article VII – on Central Bank
* Article VIII – on Finances
* Article IX – on General Provisions
* Article X – on Amendment Procedure
* Article XI – on Transitional Arrangements
* Article XII – on Entry into Force