The Impact of Constituent Peoples' Principle on Democratical Transition and Human Rights Protection in Bosnia and Herzegovina
The Impact of Constituent Peoples' Principle on Democratical Transition and Human Rights Protection in Bosnia and Herzegovina

Summary/Abstract: For the first time the concept of 'constituent peoples' was mentioned and integrated as a constitutional category in Bosnia and Herzegovina based on provisions in Constitution of the Federation of Bosnia and Herzegovina. That happened 1994, by signing the Washington Agreement which at first ended war in one part of Bosnia and Herzegovina and established this entity. This term was brought as a novelty of constitutional law in general. 'Bosniacs, Croats and Serbs as constituent peoples, along with Others, and citizens of the Federation of Bosnia and Herzegovina, which is a constitutive part of the sovereign state of Bosnia and Herzegovina, determined to ensure full national equality, democratic relations and the highest standards of human rights and freedoms, hereby pass the Constitution of the Federation of Bosnia and Herzegovina.' This new state principle, then required as a temporary solution, became one of the crucial parts of constitutional provisions on state and entity level and provided the base core of democratic creation and functioning of the whole system and order in early post-conflict stage. The main purpose for introducing into the constitutional order and legislation system of Bosnia and Herzegovina was to provide equality on state and entity level, proportionality and parity, particularly in future legal actions after the war time, during the rule of law establishment together with the organization of parliamentary and government institutions. Equality of three ethnic groups together with the general formulation 'citizens' included in the Constitution of Bosnia and Herzegovina, has to be assured in normative and its true meaning, but none of the constituent peoples' can not achieve their own constitutionality without the other two. Unfortunately, due to misconception and misuse of 'constituent peoples' concept, Bosnia and Herzegovina ocasionally get's into the visible discrimination of 'others' and 'citizens' who don't identify themselves belonging to one of the three ethnic groups, along with struggling on democratic consolidation as a part of highly important transitional reform and justice.

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