Kultura i kulturno-historijsko naslijeđe u Bosni i Hercegovini: Zakonodavno-pravni okvir
Culture and Cultural and Historical Heritage in Bosnia and Herzegovina: Legislative-Legal Framework

Author(s): Amra Ohranović
Subject(s): Law, Constitution, Jurisprudence, Museology & Heritage Studies, Constitutional Law, Public Law, Cultural Anthropology / Ethnology, Fiscal Politics / Budgeting
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; legal framework; BiH; FBiH; RS; culture; heritage; jurisdiction; financing; decentralisation;
Summary/Abstract: This paper presents a brief overview of legislation in the field of culture and cultural and historical heritage in Bosnia and Herzegovina. In the Republic of Srpska culture and cultural and historical heritage are within the jurisdiction of the entity, while in the Federation of Bosnia and Herzegovina they are within the jurisdiction of the cantons. This resulted in a large number of laws which regulate the various areas of culture at different levels: cantonal, entity and state level. The laws are not harmonized, nor they are consistent with the recommendations of international conventions. Special attention has been focused on analyzing problems that are related to non-compliance of regulations in this area, the institutional culture, coordination and collaboration, documentation and archiving, and the financing of culture and cultural and historical heritage. Despite the large number of regulations in this area, the lack of legislation, whether at the state level either at the entity level (Federation), led culture to a level where it is now. In order to overcome the problems resulting from the current legislative framework, it would be necessary do adopt legislation at the state level which would establish the basic principles. It would be a first step in creating conditions for equal development of culture in the whole of Bosnia and Herzegovina.

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