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I. Vital interest protection
Vital interest protection shall be provided through - the
House of Peoples in the Federation of Bosnia
and Herzegovina, and
- the Council of Peoples in Republika Srpska
Article 1.
The legislature
The legislative authority shall be exercised in the RS by the RSNA and the
Council of Peoples and in the Federation by the House of Representatives and
the House of Peoples.
In RS, Laws and other regulations which are approved in the RSNA and which
concern the issue of a vital national interest of any of the constituent
peoples will enter into force only upon adoption by the Council of Peoples.
Incompatibility: No delegate of the RSNA / Federation
House of Representatives / Municipal Council shall serve as a member of the
Council of Peoples / House of Peoples.
Article 2.
Minimum number of
representatives in the RSNA / Federation House of Representatives
A minimum number of 4 members of one constituent people shall be
represented in the RSNA and the Federation House of Representatives.
Article 3.
Composition of the Council
of Peoples and the House of Peoples and selection of members
The Council of Peoples and the House of Peoples shall be composed on a
parity basis so that each constituent people shall have the same number of
representatives.
A minimum number of 8 and a maximum number of 17 members shall come from a
single constituent people. The Others shall be represented by a number not
exceeding one half of the representatives of a single constituent people in
the CoP and HoP respectively.
Others have the right to participate equally in the majority voting
procedure.
RS (Council of Peoples)
Members of the Council of Peoples shall be elected by the respective
caucus of the delegates of RSNA.
In the event that the number of delegates of one caucus in the Council of
Peoples is higher than the number of delegate in the respective caucus of the
RSNA this additional number of delegates shall be elected by a caucus formed
for this purpose from delegates from the Municipal Assemblies of RS.
After the next municipal elections, the final manner of election of the
members to the CoP shall be regulated by the RSNA and the CoP.
Federation (House of Peoples)
Cantonal Assemblies
Article 4.
Definition of vital
interest:
Vital national interests of constituent peoples are defined as follows:
- exercise of the
rights of constituent peoples to be adequately represented in
legislative, executive and judicial bodies,
- identity of one
constituent people,
- constitutional
amendments,
- organisation of
public authorities,
- equal rights of
constituent peoples in the process of decision-making,
- education, religion,
language, promotion of culture, tradition and cultural heritage,
- territorial
organisation,
- public information
system,
and other issues treated as of vital national
interest if so claimed by 2/3 of one of the caucuses of the constituent
peoples in the House of Peoples or Council of Peoples.
Article 5.
Parliamentary procedure for
the protection of vital interests
Laws or other regulations or acts approved by vote by the RSNA will be
sent and considered by the Council of Peoples if they relate to a vital
interest as defined in Article 4.
Laws or other regulations or acts introduced into the Federation House of
Representatives are also adopted in the Federation House of Peoples.
The Constitutional Courts of the Federation of Bosnia and Herzegovina
and Republika Srpska shall each have a maximum of 9 members.
A Vital Interest Panel of the Constitutional Court of the
Federation / RS shall be established deciding in the vital interest
procedure as described below. All Vital Interest issues shall be considered
by this panel.
The Vital Interest Panel shall be composed of 7 members, 2 from each
constituent people and 1 from the group of Others. The judges shall be
elected by the HoRep and HoP in the Federation and by the RSNA and CoP in the
RS.
a. Procedure for laws related to a vital interest as defined in
the list of Article 4
If more than one Chairman or Co-Chairman of the Council of Peoples / House
of Peoples (CoP / HoP) claims that a law comes within the list of vital
interests as defined in the list of Article 4 the law shall be put on the
agenda of the CoP/HoP as vital interest issue.
If only one Chairman or Co-Chairman claims that the law falls within this
list a 2/3rd majority of the respective caucus may declare the
issue concerned to be an item within the list. In this case the procedure
followed is the one outlined under Article 5.b below.
The Chairman and Co-Chairmen have one week within which to decide.
If a majority of each caucus represented in the House of Peoples / Council
of Peoples vote in favour of such laws or other regulations or acts these are
deemed to be adopted.
If the House of Peoples / Council of Peoples agrees
on amendments, the law, regulation or act is resubmitted to the House of
Representatives / RSNA for approval.
If no agreement can be reached in the House of Peoples / Council of
Peoples or if approval is not given to proposed amendments, a Joint
Commission composed of representatives of the House of Representatives/ RSNA
and the House of Peoples / Council of Peoples shall be established. The Joint
Commission is composed on a parity basis and decides by consensus. It shall
seek to achieve the harmonization of the terms of the law. If the terms are
harmonized the law shall be deemed to be adopted.
If no such harmonisation can be effected the law shall fail and the
document shall be returned to the proponent for a new procedure. In that event
the proponent may not re-submit the original law, regulation or act.
b. Procedure for laws related to a vital national interest if so
decided by 2/3rd of one of the caucuses of the constituent peoples
in the House of Peoples / Council of Peoples
In case 2/3rd of one of the caucuses of the constituent peoples
in the House of Peoples / Council of Peoples decides that a law, act or
regulation affects a vital interest the law shall be considered by the House
of Peoples / Council of Peoples.
If a majority of each caucus represented in the House of Peoples / Council
of Peoples vote in favour of such laws or other regulations or acts these are
deemed to be adopted.
If the House of Peoples / Council of Peoples agrees
on amendments, the law, regulation or act is resubmitted to the House of
Representatives / RSNA for approval.
If no harmonization can be established by the Joint Commission referred to
in lit a. above, the Constitutional Court of the Federation of Bosnia and
Herzegovina / Republika Srpska shall be addressed to decide finally whether
the law in question relates to a vital interest of a constituent people.
A Vital Interest Panel of the Constitutional Court of the RS / Federation
shall decide by a 2/3rd majority within one week on the
admissibility of such cases and within one month on the merits of cases held
to be admissible.
In the event that the Article 5.b procedure has been triggered by a 2/3rd
majority of one of the caucuses the vote of at least two judges is needed for
the Court to decide that it is a vital interest.
In the event that the Court decides in favor of a vital interest the law
shall fail and the document shall be returned to the proponent for a new
procedure. In that event the proponent may not re-submit the original law,
regulation or act.
In the event that the Court decides that no vital interest is involved the
law is deemed to be adopted / shall be adopted by simple majority.
II. Distribution of key political functions
- PM and Deputy Prime Ministers may not come from the same constituent
people.
- Out of the following positions not more than 2 may be filled by
representatives of any one constituent people or of the group of Others:
1) Prime Minister
2) Speaker of the House of Representatives / RSNA
3) Speaker of the House of Peoples / Council of Peoples
4) President of Supreme Court
5) President of Constitutional Court
6) Public Prosecutors
- Presidents of Entities
The President shall have two Vice-Presidents coming from different constituent
peoples. They shall be elected according to the Entity constitutions.
III. Minimum Representation in the Government of the
Federation of Bosnia and Herzegovina and of the Republika Srpska
The Government shall be elected by the House of Representatives / RSNA.
For a transitional period, until Annex 7 is fully implemented,
the RS Government (Prime Minister and 16
ministers) shall be composed of 8 Serb, 5 Bosniac and 3 Croat ministers. One
Other may be nominated by the Prime Minister from the quota of the largest
constituent people. There shall be additionally a Prime Minister who shall
have two Deputy Prime Ministers from different constituent peoples selected
from among the Ministers; and
the Federation Government (Prime Minister and 16
ministers) shall be composed of 8 Bosniac, 5 Croat and 3 Serb ministers. One
Other may be nominated by the Prime Minister from the quota of the largest
constituent people. There shall be additionally a Prime Minister who shall
have two Deputy Prime Ministers from different
constituent peoples selected from among the Ministers.
After Annex 7 is fully implemented, a minimum of 15% of the members of the
Government must come from one constituent people. A minimum of 35% of the
members of the Government must come from two constituent peoples. One member
of the Government must come from the group of the Others.
IV. Proportionate representation in all public authorities,
including courts
Constituent peoples and members of the group of Others shall be
proportionately represented in public institutions in the Federation of
Bosnia and Herzegovina
and in Republika Srpska.
As a constitutional principle, such proportionate representation shall
follow the 1991 census until Annex 7 is fully implemented, in line with the
Civil Service Law of Bosnia and Herzegovina.
Further and concrete specification of this general principle shall be
implemented by Entity legislation. Such legislation shall include concrete
time lines and shall develop the aforementioned principle in line with the
regional ethnic structure in the Entities and the Cantons.
"Public institutions" as mentioned above are the ministries of
the Federation Government, of the RS Government and of Cantonal Governments,
municipal governments, Cantonal Courts in the Federation and District courts
in Republika Srpska, and municipal courts in the Federation and Republika
Srpska.
V. Final / transitional provisions
1. Harmonization of principles with regard to the Cantons of the
Federation of Bosnia and
Herzegovina
Within 9 months from the adoption of the amendments to the Entity
constitutions, the principles contained in this document shall be applied to
the Cantons of the Federation of Bosnia and Herzegovina.
Vital interest protection bodies shall be established in the Cantons and
minimum representation has to be guaranteed with regard to the Cantonal
Governments.
2. Tasks of the House of Peoples and the RS Constitutional
Commission
As from the adoption of the amendments to the Entity constitutions, the
House of Peoples of the Federation of Bosnia and Herzegovina
and the RS Constitutional Commission (as established by the High
Representative) shall follow the principles contained in this document.
3. Interpretation of this agreement
The High Representative is the final authority in the interpretation of
this document until its full implementation by the parliaments of the
Entities.
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