Adopted on: ۱ Dec ۱۹۹۵
Preamble
Based on respect for human dignity٫ liberty٫ and equality٫ Dedicated to peace٫
justice٫ tolerance٫ and reconciliation٫
Convinced that democratic governmental institutions and fair procedures best
produce peaceful relations within a pluralist society٫
Desiring to promote the general welfare and economic growth through the
protection of private property and the promotion of a market economy٫
Guided by the Purposes and Principles of the charrrter of the United Nations٫
Committed to the sovereignty٫ territorial integrity٫ and political independence
of Bosnia and Herzegovina in accordance with international law٫
Determined to ensure full respect for international humanitarian law٫
Inspired by the Universal Declaration of Human Rights٫ the International
Covenants on Civil and Political Rights and on Economic٫ Social and Cultural
Rights٫ and the Declaration on the Rights of Persons Belonging to National or
Ethnic٫ Religious and Linguistic Minorities٫ as well as other human rights
instruments٫
Recalling the Basic Principles agreed in Geneva on ۸ Sep ۱۹۹۵٫ and in New York
on ۲۶ Sep ۱۹۹۵٫ Bosniacs٫ Croats٫ and Serbs٫ as constituent peoples (along with
Others)٫ and citizens of Bosnia and Herzegovina hereby determine that the
Constitution of Bosnia and Herzegovina is as follows:
Article I Bosnia and Herzegovina
Paragraph ۱ Continuation
The Republic of Bosnia and Herzegovina٫ the official name of which shall
henceforth be “Bosnia and Herzegovina٫” shall continue its legal existence
under international law as a state٫ with its internal structure modified as
provided herein and with its present internationally recognized borders. It
shall remain a Member State of the United Nations and may as Bosnia and
Herzegovina maintain or apply for membership in organizations within the United
Nations system and other international organizations.
Paragraph ۲ Democratic Principles
Bosnia and Herzegovina shall be a democratic state٫ which shall operate under
the rule of law and with free and democratic elections.
Paragraph ۳ Composition
Bosnia and Herzegovina shall consist of the two Entities٫ the Federation of
Bosnia and Herzegovina and the Republika Srpska (hereinafter “the Entities”).
Paragraph ۴ Movement of Goods٫ Services٫ Capital٫ and Persons There shall be
freedom of movement throughout Bosnia and Herzegovina. Bosnia and Herzegovina
and the Entities shall not impede full freedom of movement of persons٫ goods٫
services٫ and capital throughout Bosnia and Herzegovina. Neither Entity shall
establish controls at the boundary between the Entities.
Paragraph ۵ Capital
The capital of Bosnia and Herzegovina shall be Sarajevo.
Paragraph ۶ Symbols
Bosnia and Herzegovina shall have such symbols as are decided by its
Parliamentary Assembly and approved by the Presidency.
Paragraph ۷ Citizenship
There shall be a citizenship of Bosnia and Herzegovina٫ to be regulated by the
Parliamentary Assembly٫ and a citizenship of each Entity٫ to be regulated by
each Entity٫ provided that:
(a) All citizens of either Entity are thereby citizens of Bosnia and
Herzegovina.
(b) No person shall be deprived of Bosnia and Herzegovina or Entity citizenship
arbitrarily or so as to leave him or her stateless. No person shall be deprived
of Bosnia and Herzegovina or Entity citizenship on any ground such as sex٫
race٫ color٫ language٫ religion٫ political or other opinion٫ national or social
origin٫ association with a national minority٫ property٫ birth or other status.
(c) All persons who were citizens of the Republic of Bosnia and Herzegovina
immediately prior to the entry into force of this Constitution are citizens of
Bosnia and Herzegovina. The citizenship of persons who were naturalized after
April ۶٫ ۱۹۹۲ and before the entry into force of this Constitution will be
regulated by the Parliamentary Assembly.
(d) Citizens of Bosnia and Herzegovina may hold the citizenship of another
state٫ provided that there is a bilateral agreement٫ approved by the
Parliamentary Assembly in accordance with Article IV (۴)(d)٫ between Bosnia and
Herzegovina and that state governing this matter. Persons with dual citizenship
may vote in Bosnia and Herzegovina and the Entities only if Bosnia and
Herzegovina is their country of residence.
(e) A citizen of Bosnia and Herzegovina abroad shall enjoy the protection of
Bosnia and Herzegovina. Each Entity may issue passports of Bosnia and
Herzegovina to its citizens as regulated by the Parliamentary Assembly. Bosnia
and Herzegovina may issue passports to citizens not issued a passport by an
Entity. There shall be a central register of all passports issued by the
Entities and by Bosnia and Herzegovina.
Article II Human Rights and Fundamental Freedoms
Paragraph ۱ Human Rights
Bosnia and Herzegovina and both Entities shall ensure the highest level of
internationally recognized human rights and fundamental freedoms. To that end٫
there shall be a Human Rights Commission for Bosnia and Herzegovina as provided
for in Annex ۶ to the General Framework Agreement.
Paragraph ۲ International Standards
The rights and freedoms set forth in the European Convention for the Protection
of Human Rights and Fundamental Freedoms and its Protocols shall apply directly
in Bosnia and Herzegovina. These shall have priority over all other law.
Paragraph ۳ Enumeration of Rights
All persons within the territory of Bosnia and Herzegovina shall enjoy the
human rights and fundamental freedoms referred to in paragraph ۲ above;
these include:
(a) The right to life.
(b) The right not to be subjected to torture or to inhuman or degrading
treatment or punishment.
(c) The right not to be held in slavery or servitude or to perform forced or
compulsory labor.
(d) The rights to liberty and security of person.
(e) The right to a fair hearing in civil and criminal matters٫ and
other rights relating to criminal proceedings.
(f) The right to private and family life٫ home٫ and correspondence.
(g) Freedom of thought٫ conscience٫ and religion.
(h) Freedom of expression.
(i) Freedom of peaceful assembly and freedom of association with others.
(j) The right to marry and to found a family.
(k) The right to property.
(l) The right to education.
(m) The right to liberty of movement and residence.
Paragraph ۴ Non-Discrimination
The enjoyment of the rights and freedoms provided for in this Article or in the
international agreements listed in Annex I to this Constitution shall be
secured to all persons in Bosnia and Herzegovina without discrimination on any
ground such as sex٫ race٫ color٫ language٫ religion٫ political or other
opinion٫ national or social origin٫ association with a national minority٫
property٫ birth or other status.
Paragraph ۵ Refugees and Displaced Persons
All refugees and displaced persons have the right freely to return to their
homes of origin. They have the right٫ in accordance with Annex ۷ to the General
Framework Agreement٫ to have restored to them property of which they were
deprived in the course of hostilities since ۱۹۹۱ and to be compensated for any
such property that cannot be restored to them. Any commitments or statements
relating to such property made under duress are null and void.
Paragraph ۶ Implementation
Bosnia and Herzegovina٫ and all courts٫ agencies٫ governmental organs٫ and
instrumentalities operated by or within the Entities٫ shall apply and conform
to the human rights and fundamental freedoms referred to in paragraph ۲ above.
Paragraph ۷ International Agreements
Bosnia and Herzegovina shall remain or become party to the international
agreements listed in Annex I to this Constitution.
Paragraph ۸ Cooperation
All competent authorities in Bosnia and Herzegovina shall cooperate with and
provide unrestricted access to: any international human rights monitoring
mechanisms established for Bosnia and Herzegovina; the supervisory bodies
established by any of the international agreements listed in Annex I to this
Constitution; the International Tribunal for the Former Yugoslavia (and in
particular shall comply with orders issued pursuant to Article ۲۹ of the
Statute of the Tribunal); and any other organization authorized by the
United Nations Security Council with a mandate concerning human rights or
humanitarian law.
Article III Responsibilities of and Relations Between The Institutions of
Bosnia and Herzegovina And the Entities
Paragraph ۱ Responsibilities of the Institutions of Bosnia and Herzegovina
The following matters are the responsibility of the institutions of Bosnia and
Herzegovina:
(a) Foreign policy.
(b) Foreign trade policy.
(c) Customs policy.
(d) Monetary policy as provided in Article VII.
(e) Finances of the institutions and for the international obligations of
Bosnia and Herzegovina.
(f) Immigration٫ refugee٫ and asylum policy and regulation.
(g) International and inter-Entity criminal law enforcement٫ including
relations with Interpol.
(h) Establishment and operation of common and international communications
facilities.
(i) Regulation of inter-Entity transportation.
(j) Air traffic control.
Paragraph ۲ Responsibilities of the Entities
(a) The Entities shall have the right to establish special parallel
relationships with neighboring states consistent with the sovereignty and
territorial integrity of Bosnia and Herzegovina.
(b) Each Entity shall provide all necessary assistance to the government of
Bosnia and Herzegovina in order to enable it to honor the international
obligations of Bosnia and Herzegovina٫ provided that financial obligations
incurred by one Entity without the consent of the other prior to the election
of the Parliamentary Assembly and Presidency of Bosnia and Herzegovina shall be
the responsibility of that Entity٫ except insofar as the obligation is
necessary for continuing the membership of Bosnia and Herzegovina in an
international organization.
(c) The Entities shall provide a safe and secure environment for all persons in
their respective jurisdictions٫ by maintaining civilian law enforcement
agencies operating in accordance with internationally recognized standards and
with respect for the internationally recognized human rights and fundamental
freedoms referred to in Article II above٫ and by taking such other measures as
appropriate.
(d) Each Entity may also enter into agreements with states and international
organizations with the consent of the Parliamentary Assembly. The Parliamentary
Assembly may provide by law that certain types of agreements do not require
such consent.
Paragraph ۳ Law and Responsibilities of the Entities and the Institutions
(a) All governmental functions and powers not expressly assigned in this
Constitution to the institutions of Bosnia and Herzegovina shall be those of
the Entities.
(b) The Entities and any subdivisions thereof shall comply fully with this
Constitution٫ which supersedes inconsistent provisions of the law of Bosnia and
Herzegovina and of the constitutions and law of the Entities٫ and with the
decisions of the institutions of Bosnia and Herzegovina. The general principles
of international law shall be an integral part of the law of Bosnia and
Herzegovina and the Entities.
Paragraph ۴ Coordination
The Presidency may decide to facilitate inter-Entity coordination on matters
not within the responsibilities of Bosnia and Herzegovina as provided in this
Constitution٫ unless an Entity objecttts in any particular case.
Paragraph ۵ Additional Responsibilities
(a) Bosnia and Herzegovina shall assume responsibility for such other matters
as are agreed by the Entities; are provided for in Annexes ۵ through ۸ to
the General Framework Agreement; or are necessary to preserve the
sovereignty٫ territorial integrity٫ political independence٫ and international
personality of Bosnia and Herzegovina٫ in accordance with the division of
responsibilities between the institutions of Bosnia and Herzegovina. Additional
institutions may be established as necessary to carry out such
responsibilities.
(b) Within six months of the entry into force of this Constitution٫ the
Entities shall begin negotiations with a view to including in the
responsibilities of the institutions of Bosnia and Herzegovina other matters٫
including utilization of energy resources and cooperative economic projects.
Article IV Parliamentary Assembly
The Parliamentary Assembly shall have two chambers: the House of Peoples and
the House of Representatives
Paragraph ۱ House of Peoples
The House of Peoples shall comprise ۱۵ Delegates٫ two-thirds from the
Federation (including five Croats and five Bosniacs) and one-third from the
Republika Srpska (five Serbs).
(a) The designated Croat and Bosniac Delegates from the Federation shall be
selecttted٫ respectively٫ by the Croat and Bosniac Delegates to the House of
Peoples of the Federation. Delegates from the Republika Srpska shall be
selecttted by the National Assembly of the Republika Srpska.
(b) Nine members of the House of Peoples shall comprise a quorum٫ provided that
at least three Bosniac٫ three Croat٫ and three Serb Delegates are present.
Paragraph ۲ House of Representatives
The House of Representatives shall comprise ۴۲ Members٫ two-
thirds elected from the territory of the Federation٫ one-third from the
territory of the Republika Srpska.
(a) Members of the House of Representatives shall be directly elected from
their Entity in accordance with an election law to be adopted by the
Parliamentary Assembly. The first election٫ however٫ shall take place in
accordance with Annex ۳ to the General Framework Agreement.
(b) A majority of all members elected to the House of Representatives shall
comprise a quorum.
Paragraph ۳ Procedures
(a) Each chamber shall be convened in Sarajevo not more than ۳۰ days after its
selectttion or election.
(b) Each chamber shall by majority vote adopt its internal rules and selecttt
from its members one Serb٫ one Bosniac٫ and one Croat to serve as its Chair and
Deputy Chairs٫ with the position of Chair rotating among the three persons
selecttted.
(c) All legislation shall require the approval of both chambers.
(d) All decisions in both chambers shall be by majority of those present and
voting. The Delegates and Members shall make their best efforts to see that the
majority includes at least one-
third of the votes of Delegates or Members from the territory of each Entity.
If a majority vote does not include one-third of the votes of Delegates or
Members from the territory of each Entity٫ the Chair and Deputy Chairs shall
meet as a commission and attempt to obtain approval within three days of the
vote. If those efforts fail٫ decisions shall be taken by a majority of those
present and voting٫ provided that the dissenting votes do not include
two-thirds or more of the Delegates or Members elected from either Entity.
(e) A proposed decision of the Parliamentary Assembly may be declared to be
destructive of a vital interest of the Bosniac٫ Croat٫ or Serb people by a
majority of٫ as appropriate٫ the Bosniac٫ Croat٫ or Serb Delegates selecttted
in accordance with paragraph ۱ (a) above. Such a proposed decision shall
require for approval in the House of Peoples a majority of the Bosniac٫ of the
Croat٫ and of the Serb Delegates present and voting.
(f) When a majority of the Bosniac٫ of the Croat٫ or of the Serb Delegates
objecttts to the invocation of paragraph (e)٫ the Chair of the House of
Peoples shall immediately convene a Joint Commission comprising three
Delegates٫ one each selecttted by the Bosniac٫ by the Croat٫ and by the Serb
Delegates٫ to resolve the issue. If the Commission fails to do so within five
days٫ the matter will be referred to the Constitutional Court٫ which shall in
an expedited process review it for procedural regularity.
(g) The House of Peoples may be dissolved by the Presidency or by the House
itself٫ provided that the House”s decision to dissolve is approved by a
majority that includes themajority of Delegates from at least two of the
Bosniac٫ Croat٫ or Serb peoples. The House of Peoples elected in the first
elections after the entry into force of this Constitution may not٫ however٫ be
dissolved.
(h) Decisions of the Parliamentary Assembly shall not take effect before
publication.
(i) Both chambers shall publish a complete record of their deliberations and
shall٫ save in exceptional circumstances in accordance with their rules٫
deliberate publicly.
(j) Delegates and Members shall not be held criminally or civilly liable for
any acts carried out within the scope of their duties in the Parliamentary
Assembly.
Paragraph ۴ Powers
The Parliamentary Assembly shall have responsibility for:
(a) Enacting legislation as necessary to implement decisions of the Presidency
or to carry out the responsibilities of the Assembly under this Constitution.
(b) 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.
(c) Approving a budget for the institutions of Bosnia and Herzegovina.
(d) Deciding whether to consent to the ratification of treaties.
(e) Such other matters as are necessary to carry out its duties or as are
assigned to it by mutual agreement of the Entities.
Article V Presidency
The Presidency of Bosnia and Herzegovina shall consist of three Members: one
Bosniac and one Croat٫ each directly elected from the territory of the
Federation٫ and one Serb directly elected from the territory of the Republika
Srpska.
Paragraph ۱ Election and Term
(a) Members of the Presidency shall be directly elected in each Entity (with
each voter voting to fill one seat on the Presidency) in accordance with an
election law adopted by the Parliamentary Assembly. The first election٫
however٫ shall take place in accordance with Annex ۳ to the General Framework
Agreement. Any vacancy in the Presidency shall be filled from the relevant
Entity in accordance with a law to be adopted by the Parliamentary Assembly.
(b) The term of the Members of the Presidency elected in the first election
shall be two years; the term of Members subsequently elected shall be four
years. Members shall be eligible to succeed themselves once and shall
thereafter be ineligible for four years.
Paragraph ۲ Procedures
(a) The Presidency shall determine its own rules of procedure٫ which shall
provide for adequate notice of all meetings of the Presidency.
(b) The Members of the Presidency shall appoint from their Members a Chair. For
the first term of the Presidency٫ the Chair shall be the Member who received
the highest number of votes. Thereafter٫ the method of selecttting the Chair٫
by rotation or otherwise٫ shall be determined by the Parliamentary Assembly٫
subject to Article IV (۳).
(c) The Presidency shall endeavor to adopt all Presidency Decisions (i.e.٫
those concerning matters arising under Article III (۱)(a) – (e)) by consensus.
Such decisions may٫ subject to paragraph (d) below٫ nevertheless be adopted by
two Members when all efforts to reach consensus have failed.
(d) A dissenting Member of the Presidency may declare a Presidency Decision to
be destructive of a vital interest of the Entity from the territory from which
he was elected٫ provided that he does so within three days of its adoption.
Such a Decision shall be referred immediately to the National Assembly of the
Republika Srpska٫ if the declaration was made by the Member from that
territory; to the Bosniac Delegates of the House of Peoples of the
Federation٫ if the declaration was made by the Bosniac Member; or to the
Croat Delegates of that body٫ if the declaration was made by the Croat Member.
If the declaration is confirmed by a two-thirds vote of those persons within
ten days of the referral٫ the challenged Presidency Decision shall not take
effect.
Paragraph ۳ Powers
The Presidency shall have responsibility for:
(a) Conducting the foreign policy of Bosnia and Herzegovina.
(b) Appointing ambassadors and other international representatives of Bosnia
and Herzegovina٫ no more than two-
thirds of whom may be selecttted from the territory of the Federation.
(c) Representing Bosnia and Herzegovina in international and European
organizations and institutions and seeking membership in such organizations and
institutions of which Bosnia and Herzegovina is not a member.
(d) Negotiating٫ denouncing٫ and٫ with the consent of the Parliamentary
Assembly٫ ratifying treaties of Bosnia and Herzegovina.
(e) execccuting decisions of the Parliamentary Assembly.
(f) Proposing٫ upon the recommendation of the Council of Ministers٫ an annual
budget to the Parliamentary Assembly.
(g) Reporting as requested٫ but not less than annually٫ to the Parliamentary
Assembly on expenditures by the Presidency.
(h) Coordinating as necessary with international and nongovernmental
organizations in Bosnia and Herzegovina.
(i) Performing such other functions as may be necessary to carry out its
duties٫ as may be assigned to it by the Parliamentary Assembly٫ or as may be
agreed by the Entities.
Paragraph ۴ Council of Ministers
The Presidency shall nominate the Chair of the Council of Ministers٫ who shall
take office upon the approval of the House of Representatives. The Chair shall
nominate a Foreign Minister٫ a Minister for Foreign Trade٫ and other Ministers
as may be appropriate٫ who shall take office upon the approval of the House of
Representatives.
(a) Together the Chair and the Ministers shall constitute the Council of
Ministers٫ with responsibility for carrying out the policies and decisions of
Bosnia and Herzegovina in the fields referred to in Article III (۱)٫ (۴)٫ and
(۵) and reporting to the Parliamentary Assembly (including٫ at least annually٫
on expenditures by Bosnia and Herzegovina).
(b) No more than two-thirds of all Ministers may be appointed from the
territory of the Federation. The Chair shall also nominate Deputy Ministers
(who shall not be of the same constituent people as their Ministers)٫ who shall
take office upon the approval of the House of Representatives.
(c) The Council of Ministers shall resign if at any time there is a vote of
no-confidence by the Parliamentary Assembly.
Paragraph ۵ Standing Committee
(a) Each member of the Presidency shall٫ by virtue of the office٫ have civilian
command authority over armed forces. Neither Entity shall threaten or use force
against the other Entity٫ and under no circumstances shall any armed forces of
either Entity enter into or stay within the territory of the other Entity
without the consent of the government of the latter and of the Presidency of
Bosnia and Herzegovina. All armed forces in Bosnia and Herzegovina shall
operate consistently with the sovereignty and territorial integrity of Bosnia
and Herzegovina.
(b) The members of the Presidency shall selecttt a Standing Committee on
Military Matters to coordinate the activities of armed forces in Bosnia and
Herzegovina. The Members of the Presidency shall be members of the Standing
Committee.
Article VI Constitutional Court
Paragraph ۱ Composition
The Constitutional Court of Bosnia and Herzegovina shall have nine members.
(a) Four members shall be selecttted by the House of Representatives of the
Federation٫ and two members by the Assembly of the Republika Srpska. The
remaining three members shall be selecttted by the President of the European
Court of Human Rights after consultation with the Presidency.
(b) Judges shall be distinguished jurists of high moral standing. Any eligible
voter so qualified may serve as a judge of the Constitutional Court. The judges
selecttted by the President of the European Court of Human Rights shall not be
citizens of Bosnia and Herzegovina or of any neighboring state.
(c) The term of judges initially appointed shall be five years٫ unless they
resign or are removed for cause by consensus of the other judges. Judges
initially appointed shall not be eligible for reappointment. Judges
subsequently appointed shall serve until age ۷۰٫ unless they resign or are
removed for cause by consensus of the other judges.
(d) For appointments made more than five years after the initial appointment of
judges٫ the Parliamentary Assembly may provide by law for a different method of
selectttion of the three judges selecttted by the President of the European
Court of Human Rights.
Paragraph ۲ Procedures
(a) A majority of all members of the Court shall constitute a quorum.
(b) The Court shall adopt its own rules of court by a majority of all members.
It shall hold public proceedings and shall issue reasons for its decisions٫
which shall be published.
Paragraph ۳ Jurisdiction
The Constitutional Court shall uphold this Constitution.
(a) The Constitutional Court shall have exclusive jurisdiction to decide any
dispute that arises under this Constitution between the Entities or between
Bosnia and Herzegovina and an Entity or Entities٫ or between institutions of
Bosnia and Herzegovina٫ including but not limited to:
-–- Whether an Entity”s decision to establish a special parallel
relationship with a neighboring state is consistent with this Constitution٫
including provisions concerning the sovereignty and territorial integrity of
Bosnia and Herzegovina.
-–- Whether any provision of an Entity”s constitution or law is
consistent with this Constitution.
Disputes may be referred only by a member of the Presidency٫ by the Chair of
the Council of Ministers٫ by the Chair or a Deputy Chair of either chamber of
the Parliamentary Assembly٫ by one-fourth of the members of either chamber of
the Parliamentary Assembly٫ or by one-fourth of either chamber of a legislature
of an Entity.
(b) The Constitutional Court shall also have appellate jurisdiction over issues
under this Constitution arising out of a judgment of any other court in Bosnia
and Herzegovina.
(c) The Constitutional Court shall have jurisdiction over issues referred by
any court in Bosnia and Herzegovina concerning whether a law٫ on whose validity
its decision depends٫ is compatible with this Constitution٫ with the European
Convention for Human Rights and Fundamental Freedoms and its Protocols٫ or with
the laws of Bosnia and Herzegovina; or concerning the existence of or the
scope of a general rule of public international law pertinent to the court”s
decision.
Paragraph ۴ Decisions
Decisions of the Constitutional Court shall be final and binding.
Article VII Central Bank
There shall be a Central Bank of Bosnia and Herzegovina٫ which shall be the
sole authority for issuing currency and for monetary policy throughout Bosnia
and Herzegovina.
Paragraph ۱ [Responsibility]
The Central Bank”s responsibilities will be determined by the Parliamentary
Assembly. For the first six years after the entry into force of this
Constitution٫ however٫ it may not extend credit by creating money٫ operating in
this respect as a currency board; thereafter٫ the Parliamentary Assembly may
give it that authority.
Paragraph ۲ [Composition]
The first Governing Board of the Central Bank shall consist of a Governor
appointed by the International Monetary Fund٫ after consultation with the
Presidency٫ and three members appointed by the Presidency٫ two from the
Federation (one Bosniac٫ one Croat٫ who shall share one vote) and one from the
Republika Srpska٫ all of whom shall serve a six-year term. The Governor٫ who
shall not be a citizen of Bosnia and Herzegovina or any neighboring state٫ may
cast tie-breaking votes on the Governing Board.
Paragraph ۳ [Term]
Thereafter٫ the Governing Board of the Central Bank of Bosnia and Herzegovina
shall consist of five persons appointed by the Presidency for a term of six
years. The Board shall appoint٫ from among its members٫ a Governor for a term
of six years.
Article VIII Finances
Paragraph ۱ [Budget]
The Parliamentary Assembly shall each year٫ on the proposal of the Presidency٫
adopt a budget covering the expenditures required to carry out the
responsibilities of institutions of Bosnia and Herzegovina and the
international obligations of Bosnia and Herzegovina.
Paragraph ۲ [Provisional Budget]
If no such budget is adopted in due time٫ the budget for the previous year
shall be used on a provisional basis.
Paragraph ۳ [Shares in Revenues]
The Federation shall provide two-thirds٫ and the Republika Srpska one-third٫ of
the revenues required by the budget٫ except insofar as revenues are raised as
specified by the Parliamentary Assembly.
Article IX General Provisions
Paragraph ۱ [Eligibility٫ International Tribunal]
No person who is serving a sentence imposed by the
International Tribunal for the Former Yugoslavia٫ and no person who is under
indictment by the Tribunal and who has failed to comply with an order to appear
before the Tribunal٫ may stand as a candidate or hold any appointive٫ elective٫
or other public office in the territory of Bosnia and Herzegovina.
Paragraph ۲ [Compensation]
Compensation for persons holding office in the institutions of Bosnia and
Herzegovina may not be diminished during an officeholder”s tenure.
Paragraph ۳ [General Representation]
Officials appointed to positions in the institutions of Bosnia and Herzegovina
shall be generally representative of the peoples of Bosnia and Herzegovina.
Article X Amendment
Paragraph ۱ Amendment Procedure
This Constitution may be amended by a decision of the Parliamentary Assembly٫
including a two-thirds majority of those present and voting in the House of
Representatives.
Paragraph ۲ Human Rights and Fundamental Freedoms
No amendment to this Constitution may eliminate or diminish any of the rights
and freedoms referred to in Article II of this Constitution or alter the
present paragraph.
Article XI Transitional Arrangements
Transitional arrangements concerning public offices٫ law٫ and other matters are
set forth in Annex II to this Constitution.
{ For the ICL-edition٫ we have included the text of Annex II since this Article
is the only provision referencing it: }
Paragraph ۱ Joint Interim Commission
(a) The Parties hereby establish a Joint Interim Commission with a mandate to
discuss practical questions related to the implementation of the Constitution
of Bosnia and Herzegovina and of the General Framework Agreement and its
Annexes٫ and to make recommendations and proposals.
(b) The Joint Interim Commission shall be composed of four persons from the
Federation٫ three persons from the Republika Srpska٫ and one representative of
Bosnia and Herzegovina.
(c) Meetings of the Commission shall be chaired by the High Representative or
his or designee.
Paragraph ۲ Continuation of Laws
All laws٫ regulations٫ and judicial rules of procedure in effect within the
territory of Bosnia and Herzegovina when the Constitution enters into force
shall remain in effect to the extent not inconsistent with the Constitution٫
until otherwise determined by a competent governmental body of Bosnia and
Herzegovina.
Paragraph ۳ Judicial and Administrative Proceedings
All proceedings in courts or administrative agencies functioning within the
territory of Bosnia and Herzegovina when the Constitution enters into force
shall continue in or be transferred to other courts or agencies in Bosnia and
Herzegovina in accordance with any legislation governing the competence of such
courts or agencies.
Paragraph ۴ Offices
Until superseded by applicable agreement or law٫ governmental
offices٫ institutions٫ and other bodies of Bosnia and Herzegovina will operate
in accordance with applicable law.
Paragraph ۵ Treaties
Any treaty ratified by the Republic of Bosnia and Herzegovina between January
۱٫ ۱۹۹۲ and the entry into force of this Constitution shall be disclosed to
Members of the Presidency within ۱۵ days of their assuming office; any such
treaty not disclosed shall be denounced. Within six months after the
Parliamentary Assembly is first convened٫ at the request of any member of the
Presidency٫ the Parliamentary Assembly shall consider whether to denounce any
other such treaty.
Article XII Entry into Force
Paragraph ۱ [Superseding Old Constitution]
This Constitution shall enter into force upon signature of the General
Framework Agreement as a constitutional act amending and superseding the
Constitution of the Republic of Bosnia and Herzegovina.
Paragraph ۲ [Conformity of Old Constitutions]
Within three months from the entry into force of this Constitution٫ the
Entities shall amend their respective constitutions to ensure their conformity
with this Constitution in accordance with Article III (۳)(b).