Bosnia and Herzegovina's Long-Overdue Constitutional Reforms

Bosnia and Herzegovina is overdue for constitutional reforms, particularly the implementation of judgments by the European Court of Human Rights, to address ethnic divisions, secessionist threats, and human rights violations embedded in the Dayton Constitution. Dr. David Pettigrew, a professor of philosophy and Holocaust and genocide studies, emphasizes the need for democratic reforms supporting human rights and the rule of law. According to Pettigrew, the Office of the High Representative should engage the Venice Commission to draft a constitution aligned with the democratic principles of the European Union.

Key Takeaways:

• The Dayton Agreement, which ended the aggression and genocide in 1995, was fundamentally flawed from the start and undermined by the legitimation of Republika Srpska, an entity established through crimes declared as war crimes, including genocide.
• The European Court of Human Rights has repeatedly ruled that the BiH Constitution violates laws related to fundamental human rights due to restrictions on the right to stand for election and vote.
• The Constitution implemented under Annex 4 of the Dayton Agreement identifies the constituent peoples as Bosniaks, Serbs, and Croats, which has entrenched political representation and voting practices based on ethnic divisions rather than shared citizenship with equal rights.
• The European Court of Human Rights has consistently ruled that constitutional arrangements based on and prioritizing ethnic identity violate fundamental human rights guaranteed by the European Convention on Human Rights.
• In the case of Sejdic-Finci v. BiH, the Court explained that while the concept of 'constituent peoples' might have seemed necessary to end a brutal conflict, discrimination based solely on race cannot be objectively justified in today's democratic society.
• The Council of Europe Commissioner for Human Rights expressed serious concern that the judgments of the European Court of Human Rights have not been implemented, and that the persistent failure to execute these judgments hinders social cohesion and reconciliation.

Statistics:

• 30 years have passed since the Dayton Peace Agreement ended the aggression and genocide in 1995.
• The European Court of Human Rights has repeatedly ruled against the BiH Constitution due to restrictions on the right to stand for election and vote (at least 3 times).
• 1992-1995: The period of aggression and genocide in Bosnia and Herzegovina.

Sources:

• FENA, "The Dayton Peace Agreement, 30 Years Later" (Author's commentary by Dr. David Pettigrew).
• European Court of Human Rights (Court decisions: Sejdic-Finci v. BiH, Zornic v. BiH).
• Council of Europe, "Council of Europe Commissioner for Human Rights expresses concern about non-implementation of the European Court of Human Rights' judgments" (April 2023 report).