The political system of Bosnia and Herzegovina. Institutions – actors – processes
The political system of Bosnia and Herzegovina. Institutions – actors – processes
Contributor(s): Saša Gavrić (Editor)
Subject(s): Politics / Political Sciences, Politics, Government/Political systems
Published by: Sarajevo Open Centre
Keywords: political system; BiH; institutions; actors; processes;
Summary/Abstract: As a result of the biggest war in Europe after World War II, the international community imposed a complicated federal structure on Bosnia and Herzegovina in order to create a balance in the inter-ethnic conflict in the country. It was possible to end the war, however the political system that had been established did not unify or solidify the country as a nation, nor did it lay the foundations for real peace and cooperation within the ethnic groups. On the contrary, the present political structure in Bosnia and Herzegovina is one of the most complicated systems in the world (and maybe also in history), presenting a multilayer political system that can be governed only if there is a clear will and a decision by the political elites to work together. This will is lacking on all sides, resulting in permanent political blockade even for relatively small matters. It is no secret that this situation and the ensuing lack of progress is obstructing the country’s goal of ultimately joining the European Union. Furthermore, the status quo also exacerbates the risk that Bosnia and Herzegovina will stay behind other countries in their quest to participate in the great peace project called European Union. Additionally, there is no doubt that this situation is hindering the improvement of the living standard for the population as a whole. The prevailing political and economic conditions in Bosnia and Herzegovina prove that there is a need for political reforms.
Series: SOC - BH Politika
- Print-ISBN-13: 978-9958-536-11-3
- Page Count: 120
- Publication Year: 2013
- Language: English
INTRODUCTION
INTRODUCTION
(INTRODUCTION)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Politics, Government/Political systems
- Page Range:13-28
- No. of Pages:16
- Keywords:introduction; political system; BiH;
- Summary/Abstract:Bosnia and Herzegovina is a very young sovereign state and has little to look back on in its young Statehood experience. Even though it had been formally recognized as a Republic within Yugoslavia, it functioned as an administrative unit of the larger state. (Calic 1996: 45). Walking through the streets of Sarajevo, one will find evidence of a thousand years of foreign rule on every corner. In 1914, the capital of Bosnia and Herzegovina, Sarajevo, was the scene of the assassination of Franz Ferdinand, heir to the Austro–Hungarian throne, starting the First World War. In 1918, it joined the Kingdom of Serbs, Croats and Slovenes which, in 1929, became the Kingdom of Yugoslavia. After the Second World War, when its current state borders were established, Bosnia was part of the Federal National Republic of Yugoslavia (1946 Constitution), and from 1963, part of the Socialist Federal Republic of Yugoslavia. According to the principle of self-government, the 1974 Constitution guaranteed the republics and autonomous provinces further competencies, which was ultimately one factor that led to the dissolution of Yugoslavia (Calic 1996: 17). Discussions between Serbs and Croats regarding state reform and contradictions within the governing system proved unsuccessful in preserving the federal state. On October 15, 1991, following declarations of independence by Slovenia and Croatia, the parliament in Sarajevo also decided to part with Yugoslavia. At the demand of the European Union, a referendum was held on February 29 – March 1, 1992. The majority of citizens voted for independence (99.4%), but this percentage does not accurately represent the entire population, as a great number of Bosnian Serbs boycotted the referendum. The European Union and the United States recognized Bosnia and Herzegovina as an independent state on April 17, 1992. On May 22, Bosnia and Herzegovina became a member of the United Nations (Calic 1996: 44). By that time, conflict between Croats and the Yugoslav Peoples Army had already erupted. Bosnia and Herzegovina, as a multi-ethnic state centrally located in a geostrategic position, was dragged into and broken up by the conflict. The war between Croats and Serbs acted as “the accelerant to further segregation and disintegration processes” (Calic 1996: 70) and drove people to participate in great atrocities: mass killings, forced displacements and massacres. All three ethnic groups wanted the same territory, each to protect their own interests. Croats and Serbs had never seen Bosnia and Herzegovina as their homeland, but wanted to annex the territories where they had lived to the Motherlands. Franjo Tuđman and Slobodan Milošević had already agreed on how to divide the land. The Republika Srpska (RS), the Serb paramilitary state, declared its independence on January 9, 1992, but the international community did not recognize it, as Bosniaks had fought for the unity of “their” land (Gromes 2007: 143). From 1993 to 1994, war raged between Bosniaks and Croats in Bosnia and Herzegovina. Under pressure from the international community, Bosniaks and Croats signed the Washington Peace Agreement that led to the foundation of the Federation of Bosnia and Herzegovina and partly resolved the conflict in the region. However, the massacre in Srebrenica in July 1995, defined as genocide in one decision of The International Criminal Tribunal for the Former Yugoslavia (ICTY), reminded the world’s public of their helplessness and inability to act, leading to forceful United Nation (UN) and North Atlantic Treaty Organisation (NATO) military action. With NATO support, Croatian and Bosniak troops defeated the Serbian military forcing them to come to the negotiating table. The General Framework Agreement for Peace was completed on November 21, 1995 in Dayton (Ohio, U.S.), and signed on December 14, 1995 in Paris, France. Through its provisions and annexes, the Dayton Peace Agreement (DPA) ended the war and created the state of Bosnia and Herzegovina, but divided the country along ethnic lines, creating two entities (federal units): the Republika Srpska with a Serb majority (49% of territory), and the Federation of Bosnia and Herzegovina (FBiH) with a Bosniak and Croat majority (51% of territory) (Burg 1997: 141). Until the decision regarding Brčko District was delivered, the Brčko corridor remained under international supervision, administrated by the RS.
INSTITUTIONS
INSTITUTIONS
(INSTITUTIONS)
- Author(s):Saša Gavrić, Damir Banović, Mariña Barreiro
- Language:English
- Subject(s):Politics, Law, Constitution, Jurisprudence, Government/Political systems
- Page Range:29-48
- No. of Pages:20
- Keywords:political system; BiH; institutions; presidency; parliament; government; justice system;
- Summary/Abstract:The Presidency (Predsjedništvo) of Bosnia and Herzegovina represents the collective head of the complex state. The current Presidency continues a Yugoslavian tradition, given that fact that collective presidencies were introduced at the federal level in Yugoslavia in 1971, and in Bosnia and Herzegovina in 1974. (Bieber 2008: 62; Pejanović 2005: 67). In Yugoslavia, the Bosnian-Herzegovinian presidency rotated between nine members that were elected by parliament. Direct elections were not introduced until 1990, when the Presidency was reduced to seven members: two representatives each of Serbs, Croats, and Muslims (the name given to Bosniaks until 1993) and one representative of the other ethnic groups (naroda). Today’s collective Presidency, outlined in the Dayton constitution, is therefore not an innovation of the peace negotiation under US mediation, but an institution rooted in tradition.
FEDERALISM
FEDERALISM
(FEDERALISM)
- Author(s):Saša Gavrić, Damir Banović, Mariña Barreiro
- Language:English
- Subject(s):Politics, Law, Constitution, Jurisprudence, Governance, Government/Political systems
- Page Range:49-60
- No. of Pages:12
- Keywords:political system; BiH; federalism; entities; Brčko district; local self-government;
- Summary/Abstract:The political system in Bosnia and Herzegovina is very decentralized. As mentioned in the introduction, some authors argue that the state structure is confederal rather than federal (e.g. Savić 2003). Yet the entities are not explicitly entitled to secede from the central state. As a result of the historic developments during and after the war in the region, two separate quasi-state bodies emerged, each with their own constitution (Republika Srpska, 1992; and the Federation of Bosnia and Herzegovina, 1994). The Dayton Peace Agreement joined these quasi-states under the central state of Bosnia and Herzegovina. The two state systems were conceptualized very differently. While the Republika Srpska resembles a unitary autonomous republic dominated by the Serbian ethnic group, the Federation was established as a highly decentralized autonomous republic with ten cantons (Markert 2003: 88). The border between the two entities, the infamous Inter-Entity Boundary Line (IEBL) resembled an actual state line for years after the war, including checkpoints, identification examination, etc. Eventually the High Representative interfered and introduced uniform, unidentifiable license plates, and freedom of movement for all ethnic groups was ensured. This allowed refugees to return to their pre-war homes. As a result of the High Representative’s drastic measures, the para-state structures established during the war were dismantled. This was very important as the function of all institutions in the Federation had been undermined by the fact that the Croat dominated areas were governed by the illegal Republic Herceg-Bosna until 2001 (Markert 2003: 89).
PROCESSES
PROCESSES
(PROCESSES)
- Author(s):Saša Gavrić, Damir Banović, Mariña Barreiro
- Language:English
- Subject(s):Politics, Law, Constitution, Jurisprudence, Governance, Government/Political systems, Electoral systems
- Page Range:61-72
- No. of Pages:12
- Keywords:political system; BiH; processes; elections; electoral law; political culture;
- Summary/Abstract:The Dayton Peace Agreement and the Electoral Law laid the legal ground for elections and the electoral system in Bosnia and Herzegovina. Many compromises influencing the electoral system have been made. These compromises are based on the combination of two principles: constituent people and national sovereignty. International democratic standards related to electoral systems such as universal suffrage, equal voting rights, direct ballot, secret ballot, and limited right to stand for elections were incorporated into the constitutional system. The Dayton Peace Agreement addresses elections and the electoral system in several instances.
ACTORS
ACTORS
(ACTORS)
- Author(s):Saša Gavrić, Damir Banović, Mariña Barreiro
- Language:English
- Subject(s):Politics, Media studies, Civil Society, Governance, Communication studies, Government/Political systems
- Page Range:73-96
- No. of Pages:24
- Keywords:political system; BiH; actors; political parties; civil society; media; international community;
- Summary/Abstract:The Constitution of Bosnia and Herzegovina does not address the question of political parties, nor does a specific law exist regarding this matter. Therefore, political parties do not have particular authority in the constitutional system. The only legal basis so far is the state-level Law on Party Financing from 2000 and the Electoral Law of 2001. Political parties must have fifty founding members before registering as an association with the relevant municipal court. All political parties undergo a strict and complicated registration and investigation process to be able to stand for election for any political office (Art. 4.1-4.25 Election Law of Bosnia and Herzegovina). A political party needs 3000 signatures to enrol in elections for the Presidency or state-level House of Representatives.
INTERNATIONAL POLITICS
INTERNATIONAL POLITICS
(INTERNATIONAL POLITICS)
- Author(s):Saša Gavrić, Damir Banović, Mariña Barreiro
- Language:English
- Subject(s):Politics, Government/Political systems, International relations/trade, EU-Accession / EU-DEvelopment
- Page Range:97-103
- No. of Pages:7
- Keywords:political system; BiH; international politics; foreign policy; EU relations;
- Summary/Abstract:The Foreign Policy of BiH is a state responsibility conducted by the Presidency in accordance with Article 5 of the BiH Constitution, where it is established the responsibility to “conduct the foreign policy of Bosnia and Herzegovina (et.al. appointing ambassadors and other international representatives; representing the country in international and European organisations and institutions; arranging international agreements, denouncing, and, with the consent of the Parliamentary Assembly, ratifying treaties etc.)”.
EPILOGUE: FROM DAYTON TO BRUSSELS?
EPILOGUE: FROM DAYTON TO BRUSSELS?
(EPILOGUE: FROM DAYTON TO BRUSSELS?)
- Author(s):Saša Gavrić, Damir Banović, Mariña Barreiro
- Language:English
- Subject(s):Politics, Government/Political systems, International relations/trade
- Page Range:105-118
- No. of Pages:14
- Keywords:political system; BiH; epilogue; Dayton accords; Brussels;
- Summary/Abstract:The stagnant nature of Bosnia and Herzegovina’s democracy is the result of a quasi-protectorate established by the international community. This government has a complex structure, with long decision-making processes, high levels of political corruption, institutionalized discrimination and an underdeveloped political culture.
