The system of government established by the Dayton Agreement that ended the Bosnian war in 1995 is an example of consociationalism, as representation is by elites who represent the country's three major ethnic groups termed constituent peoples, with each having a guaranteed share of power.
After the signing of the Dayton Agreement on 14 December 1995, Bosnia and Herzegovina formed an undeclaredprotectorate, where highest power was given to the High Representative for Bosnia and Herzegovina, named by the Peace Implementation Council. The intention of the Agreement was to retain Bosnia's exterior border, while creating a joint multi-ethnic and democratic government based on proportional representation, and charged with conducting foreign, economic, and fiscal policy.
The Dayton Agreement established the Office of the High Representative (OHR) to oversee the implementation of the civilian aspects of the agreement.[2]
The highest political authority in the country is the High Representative for Bosnia and Herzegovina, the chief executive officer for the international civilian presence in the country. The High Representative has power to remove government officials, including court justices, local government members and members of parliament through the Bonn Powers which were introduced in 1997.[3][4]
Due to the vast powers of the High Representative over Bosnian politics and essential veto powers, the position has also been compared to that of a viceroy.[6][7][8][9]
The Chair of the Presidency of Bosnia and Herzegovina rotates amongst three members (a Bosniak, a Serb, and a Croat) every 8 months within their 4-year term. The three members of the Presidency are elected directly by the people, with Federation voters electing both the Bosniak and the Croat member, and Republika Srpska voters electing the Serb member. The Presidency serves as a collective head of state. The Presidency is mainly responsible for the foreign policy and proposing the budget.[10][11]
The Prime Minister, formally titled Chairman of the Council of Ministers of Bosnia and Herzegovina, is nominated by the Presidency and approved by the House of Representatives.[12] They appoint the Minister of Foreign Affairs, the Minister of Foreign Trade and other ministers as may be appropriate (no more than two thirds of the ministers may be appointed from the territory of the Federation of Bosnia and Herzegovina), who assume the office upon the approval by the House of Representatives; also, the chair appoints deputy ministers (who may not be from the same constituent people as their ministers), who assume the office upon the approval by the House of Representatives.
The Council is responsible for carrying out policies and decisions in the fields of diplomacy, economy, inter-entity relations and other matters as agreed by the entities.
The two Entities have Governments that deal with internal matters not dealt with by the Council of Ministers.
The Parliamentary Assembly is responsible for:[13]
enacting legislation as necessary to implement decisions of the Presidency or to carry out the responsibilities of the Assembly under the Constitution.
deciding upon the sources and amounts of revenues for the operations of the institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina.
approving the budget for the institutions of Bosnia and Herzegovina.
deciding ratify treaties and agreements.
other matters as are necessary to carry out its duties of as are assigned to it by mutual agreement of the Entities.
Bosnia and Herzegovina did not have a permanent election law until 2001, during which time a draft law specified four-year terms for the state and first-order administrative division entity legislatures. The final election law was passed and publicized in 2001 and amended in 2002.[14]
House of Peoples
The House of Peoples includes 15 delegates who serve two-year terms. Two-thirds of delegates come from the Federation (5 Croats and 5 Bosniaks) and one-third from the Republika Srpska (5 Serbs).[12] Nine constitutes a quorum in the House of Peoples, provided that at least three delegates from each group are present. Federation representatives are selected by the House of Peoples of the Federation, which has 58 seats (17 Bosniaks, 17 Croats, 17 Serbs, 7 others), and whose members are delegated by cantonal assemblies to serve four-year terms.[15] Republika Srpska representatives are selected by the 28-member Republika Srpska Council of Peoples, which was established in the National Assembly of Republika Srpska; each constituent people has eight delegates, while four delegates are representatives of "others".[16]
House of Representatives
The House of Representatives comprises 42 members elected under a system of proportional representation (PR) for a four-year term. Two thirds of the members are elected from the Federation (14 Croats; 14 Bosniaks) and one third from the Republika Srpska (14 Serbs).[12]
For the 2010 general election, voters in the Federation of Bosnia and Herzegovina elected twenty-one members in five multi-member constituencies by PR, while the remaining seven seats were allocated by compensatory PR. Voters in the Republika Srpska elected nine members in three multi-member constituencies by PR, while the five other seats were allocated by compensatory PR.[17]
The initial term of appointee is 5 years, unless they resign or are removed by consensus of other judges. Appointed judges are not eligible for reappointment. Judges subsequently appointed will serve until the age of 70, unless they resign sooner or are removed. Appointments made 5 years into the initial appointments may be governed by a different regulation for selection, to be determined by the Parliamentary Assembly.
Proceedings of the Court are public, and decisions are published. Court rules are adopted by a majority in the Court. Court decisions are final and supposedly binding though this is not always the case, as noted.[18]
The Constitutional Court has jurisdiction over deciding in constitutional disputes that arise between the Entities or amongst Bosnia and Herzegovina and an Entity or Entities. Such disputes may be referred only by a member of the Presidency, the Chair of the Council of Ministers, the chair or deputy chair of either of the chambers of the Parliamentary Assembly, or by one-fourth of the legislature of either Entity.
The Court also has appellate jurisdiction within the territory of Bosnia and Herzegovina.
State Court
The Court of Bosnia and Herzegovina consists of three divisions – Administrative, Appellate and Criminal – having jurisdiction over cases related to the state-level law and executive, as well as appellate jurisdiction over cases initiated in the entities.
A War Crimes Chamber was introduced in January 2005, and has adopted two cases transferred from the ICTY, as well as dozens of war crimes cases originally initiated in cantonal courts.
The State Court also deals with organized crime, and economic crime including corruption cases. For example, the former member of the Presidency Dragan Čović was on trial for alleged involvement in organized crime.
The two Entities have Supreme Courts. Each entity also has a number of lower courts. There are 10 cantonal courts in the Federation, along with a number of municipal courts. The Republika Srpska has seven district (okrug) courts.
High Judicial and Prosecutorial Council
The High Judicial and Prosecutorial Council (JHPC / VSTV) is the self-regulatory body of the judiciary in the country, tasked with guaranteeing its independence.[19] It is based on the continental tradition of self-management of the judiciary. It was formed in 2004.
↑Eriksson, Mikael; Kostić, Roland, eds. (2013). Mediation and Liberal Peacebuilding: Peace from the Ashes of War?. Taylor & Francis. p.35. ISBN9781136189166.
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