Bosnia and Herzegovina nationality law

Last updated

Law on Citizenship
Coat of arms of Bosnia and Herzegovina.svg
Parliamentary Assembly of Bosnia and Herzegovina
  • Law on Citizenship of Bosnia and Herzegovina
Enacted by High Representative for
Bosnia and Herzegovina
Enacted16 December 1997
Status: Current legislation

The nationality law of Bosnia and Herzegovina governs the acquisition, transmission and loss of citizenship of Bosnia and Herzegovina. Regulated under the framework of the Law on Citizenship of Bosnia and Herzegovina, it is based primarily on the principle of jus sanguinis .

Contents

The concept of a Bosnian citizenship first arose following the establishment of the Socialist Republic of Bosnia and Herzegovina after World War II. Each constituent republic within Yugoslavia maintained its own subnational citizenship schemes, subordinate to federal citizenship. [1] [2]

Following the country's independence, the first stand-alone citizenship came into effect in October 1992, [3] with the Republic of Bosnia and Herzegovina administering citizenship during the Bosnian War. Implementation of the Dayton Peace Accords saw the High Representative quash legislative deadlock by promulgating the current 1997 Law on Citizenship. [4] [5]

Legislative framework

Article 7 of the Constitution provides the constitutional framework for the management of citizenship. [6] It states that all citizens of the Entities are thereby citizens of Bosnia and Herzegovina, and provides that citizenship law is to be enacted by the Parliamentary Assembly.

High Representative Carlos Westendorp enacted the first Law on Citizenship in December 1997 following disputes among the political representatives of the different ethnic groups. After being adopted by the Parliamentary Assembly itself, it took effect on 1 January 1998. The current Law on Citizenship has been amended a number of times, namely in 1999, 2002, 2003, 2005, 2009 and, most recently, in 2013. [7]

Entity citizenship is governed by the Entities' respective Laws on Citizenship.

Citizenship is currently administered by the Ministry of Civil Affairs.

Acquisition of citizenship

Citizenship of Bosnia and Herzegovina is primarily acquired in the following ways:

Loss of citizenship

Citizenship of Bosnia and Herzegovina can be lost, based on the principle of ensuring that no person is left stateless. [9]

Bosnia and Herzegovina allows citizens to renounce their citizenship, provided that they have already acquired the nationality of another country. This process requires applicants to confirm that they are over 18 years of age, are not facing any ongoing criminal proceedings and have no outstanding financial obligations. Parents are also able to renounce the citizenship of their children, although consent must be provided by the child themselves if they are over 14 years of age.

In recent years, the cost of renunciation has become a significant source for "[making] money". [10] [11] Due to significant rates of brain drain from the country, with over 40% of people born in Bosnia and Herzegovina residing abroad, renunciation is often undertaken in order to acquire the citizenship of countries not permitting dual citizenship. Latest data from the Ministry of Civil Affairs show that over 4,000 people renounced their citizenship in 2018, providing 1.2–1.5 million convertible marks in revenue. [11]

Citizenship can also be revoked in cases where applicants have deceived authorities, or where citizens have been involved in serious crimes abroad, such as human trafficking or terrorism.

Citizenship and travel

Citizenship of Bosnia and Herzegovina conveys the right to obtain a Bosnian passport for the purposes of international travel. Visa requirements for Bosnian citizens are travel restrictions placed upon citizens of Bosnia and Herzegovina by the authorities of other states. In 2019, Bosnia and Herzegovina citizens had visa-free or visa on arrival access to 119 countries and territories, ranking the Bosnia and Herzegovina passport 46th in terms of travel freedom according to the Henley Passport Index. [12] This figure is the lowest of all former Yugoslav states (with the exception of Kosovo).

The Bosnia and Herzegovina nationality is ranked number 77 as of 2018 in The Quality of Nationality Index (QNI). The ranking is considering internal factors such as peace & stability, economic strength, human development and external factors including travel freedom. This is once again the lowest of the successor states of Yugoslavia. [1]

Related Research Articles

In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees estimated 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021.

<span class="mw-page-title-main">Belgian nationality law</span>

Belgian nationality law provides for the conditions in which a person holds Belgian nationality and is based on a mixture of the principles of jus sanguinis and jus soli.

<span class="mw-page-title-main">Dutch nationality law</span>

Dutch nationality law details the conditions by which a person holds Dutch nationality. The primary law governing these requirements is the Dutch Nationality Act, which came into force on 1 January 1985. Regulations apply to the entire Kingdom of the Netherlands, which includes the country of the Netherlands itself, Aruba, Curaçao, and Sint Maarten.

<span class="mw-page-title-main">Swedish nationality law</span>

Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.

<span class="mw-page-title-main">Czech nationality law</span>

The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.

<span class="mw-page-title-main">Slovenian nationality law</span>

Slovenian nationality law is based primarily on the principles of jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.

<span class="mw-page-title-main">Hungarian nationality law</span>

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

<span class="mw-page-title-main">Japanese nationality law</span>

Japanese Nationality Law details the conditions by which a person holds nationality of Japan. The primary law governing nationality regulations is the 1950 Nationality Act.

<span class="mw-page-title-main">Belarusian nationality law</span>

Belarusian nationality law regulates the manner in which one acquires, or is eligible to acquire, Belarusian nationality, citizenship. Belarusian citizenship is membership in the political community of the Republic of Belarus.

<span class="mw-page-title-main">Turkish nationality law</span>

Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother or a Turkish father are Turkish citizens from birth. The intention to renounce Turkish citizenship is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior (Turkey) for appropriate action.

<span class="mw-page-title-main">Singaporean nationality law</span>

Singapore nationality law details the conditions by which a person holds Singapore nationality. The primary law governing nationality requirements is the Constitution of Singapore, which came into force on 9 August 1965.

<span class="mw-page-title-main">Estonian nationality law</span>

Estonian citizenship law details the conditions by which a person is a citizen of Estonia. The primary law currently governing these requirements is the Citizenship Act, which came into force on 1 April 1995.

<span class="mw-page-title-main">Danish nationality law</span>

Danish nationality law is governed by the Constitutional Act and the Consolidated Act of Danish Nationality. Danish nationality can be acquired in one of the following ways:

<span class="mw-page-title-main">Luxembourg nationality law</span>

Luxembourg nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.

<span class="mw-page-title-main">Croatian nationality law</span>

The Croatian nationality law dates back from June 26, 1991, with amendments on May 8, 1992, October 28, 2011, and January 1, 2020, and an interpretation of the Constitutional Court in 1993. It is based upon the Constitution of Croatia. It is mainly based on jus sanguinis.

<span class="mw-page-title-main">Montenegrin nationality law</span>

Citizenship of Montenegro is the citizenship of Montenegro. It is regulated by a citizenship law, ratified by Parliament in 2008 and published by the Official Journal of Montenegro. It is mainly based on jus sanguinis. There are also provisions for citizenship-by-investment, though the government has suspended the relevant guidelines in the face of European Union concern.

<span class="mw-page-title-main">Monégasque nationality law</span>

Monégasque nationality law determines entitlement to Monégasque citizenship. Citizenship of Monaco is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Monégasque parent, irrespective of place of birth.

Multiple citizenship is a person's legal status in which a person is at the same time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention that determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.

<span class="mw-page-title-main">Thai nationality law</span>

Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

<span class="mw-page-title-main">San Marino nationality law</span>

San Marino nationality law is contained in the provisions of the Law on Citizenship (2000) which was amended in 2004 and 2016 and in the relevant provisions of the San Marino Constitution. A person may be a citizen of San Marino through birth, descent or through naturalisation.

References

  1. 1 2 "EXPERT COMMENTARY Post-Yugoslav Nationalities" (PDF).
  2. Refugees, United Nations High Commissioner for. "Refworld | Citizenship Law of the Socialist Republic of Serbia". Refworld.
  3. Refugees, United Nations High Commissioner for. "Refworld | Bosnia and Herzegovina Nationality Law". Refworld.
  4. "Decision imposing the Law on Citizenship of BiH". 16 December 1997.
  5. "Citizenship Reform: General Framework Agreement for Peace in Bosnia and Herzegovina | Peace Accords Matrix". peaceaccords.nd.edu.
  6. "Bosnia and Herzegovina's Constitution of 1995 with Amendments through 2009" (PDF).
  7. Legislationline https://www.legislationline.org/documents/id/19961 . Retrieved 8 February 2023.{{cite web}}: Missing or empty |title= (help)[ dead link ]
  8. "How do I become a citizen of Bosnia?". BigDataBiH. 13 December 2018.
  9. "Good practices in nationality laws for the prevention and reduction of statelessness".
  10. "Bosnian State Profits from Emigrants Renouncing Citizenship". 22 January 2019.
  11. 1 2 "The Silver Lining of an Exodus: Bosnia Cashes in on Exit Fees". Bloomberg.com. 29 January 2019.
  12. "Archived copy" (PDF). Archived from the original (PDF) on 27 March 2019. Retrieved 4 May 2019.{{cite web}}: CS1 maint: archived copy as title (link)