Bosnia and Herzegovina

The Discrimination of the “Others” in Bosnia and Herzegovina

Abstract

The Dayton Peace Agreement ended the war in Bosnia and Herzegovina by introducing a complex power-sharing system between Bosniaks, Croats, and Serbs. However, the representation of micro-minorities, known as the “Others,” was ignored. This paper outlines both de jure discrimination of the Others in the Presidency and the House of Peoples, as well as the less frequently discussed de facto discrimination of the Others in entity institutions reserved for their representation. Utilizing comparative lessons, this paper offers two possible models to resolve the current discrimination of the Others: directly electing micro-minority representatives or streamlining federal features while abolishing ethnic quotas.  

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Posted by Valentino Grbavac in Case Studies, 0 comments

Don’t throw out the baby with the bath water: How not to misread an EU request about foreign judges at the Constitutional Court of Bosnia and Herzegovina

Abstract

The role of a Constitutional Court is central, even more so after a conflict in deeply divided societies. Foreign judges may strengthen the judicial independence, authority, and accountability of a court. However, the consideration of their role is strongly related to the context, including the role of the International Community. Experience suggests that there is positive potential for the use of foreign judges in stabilizing post-conflict situations; however, over time they may risk becoming a divisive factor themselves, as recently in the case of Bosnia and Herzegovina. This, and the preparation for EU accession, makes it necessary (or at least advisable) to adapt their guarantee function, write Jens Woelk and Harun Išerić.

 

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Posted by Jens Woelk and Harun Išeric in Case Studies, 0 comments