BOSNIA
Bosnia Herzegovina, Capitalising
on the assets of peace and reconstruction

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GOVERNMENT

The Bosnian state as it emerged after the 1992-1995 war is composed of two separate entities: some 51% of the territory is controlled by a Muslim-Croat Federation and the remaining 49% by the Serbs. Hence, there are currently three distinct political structures in Bosnia: the Republic, with a rotating three-member collective presidency acting as the head of state, an Assembly of the Union, and a government headed by two co-premiers; the Federation, with a president, a parliament and a government; and the Republika Srpska (RS), likewise with a president, a People's Assembly and a government.

Bosnia declared independence in 1992. After the 1990 elections, in which Bosnians voted along ethnic lines, Muslims enjoyed a slight advantage in representation. However, the Muslim-dominated government was paralysed during the war as Croats and Serbs established governments on their own and rejected its authority. According the Dayton agreement there is now a three-member presidency and a bicameral legislature. The new constitution recognizes Bosnia as a state officially composed of two entities, the Serb Republic and the Federation of Bosnia and Herzegovina. The Muslim-Croat federation has its own government. Like the Muslim-Croat federation, The Serb republic has its own constitution (drafted by Serb leaders in 1992) and complete governmental structures, including a president and unicameral legislature, the People's Assembly. From 1993 through 1998 the only effective governmental decisions were those made by the High Representative, the position established by the European Union and the U.S. government to oversee implementation of the Dayton accord. By 1998 the High Representative Carlos Westendorp, was proclaiming laws when the national legislature was deadlocked. He removed elected officials from the governments of the entities and disqualified candidates for the 1998 elections on political grounds, primarily if he believed they could jeopardize implementation of Dayton accord. He selected the flag for Bosnia when the presidency and central legislature could not agree on a design. The major qualification for this new flag was that its elements had no traditional political meaning to any of Bosnia's ethnic groups. Bosnia is a member of several international organizations, including the Organization for Security and Cooperation in Europe (OSCE) and the United Nations (UN).

Executive

Bosnia's three-member joint presidency comprises one Muslim, one Croat, and one Serb member. All members are formally equal, with chairmanship of the collective body rotating every six months.
Legislature

The central legislature has two chambers, the House of Peoples and the House of Representatives. The House of Peoples has 15 members, 5 Muslims, 5 Croats, and 5 Serbs, elected by the parliaments of the entities. The House of Representatives has 42 directly elected members, two-thirds from the federation and one-third from the Serb Republic.

Judiciary

Bosnia has no national court system but rather each entity has its own system of trial and appellate courts. At the national level there is a Constitutional Court, which takes decisions regarding constitutional issues and disputes between the entities. The Constitutional Court has nine members, four selected by the parliament of the Muslim-Croat federation, two elected by the parliament of the Serb Republic, and three appointed by the president of the European Court of Human Rights who must not be citizens of Bosnia or any neighbouring state.

Social services

Social services are supposed to be provided by the entities, not the central government. Before the war, health care in Bosnia was state-administered and free.

Defense

Separate Serb, Croat, and Muslim military forces are acknowledged in the national and Muslim-Croat constitutions, with same provisions for coordination but not for joint control. The military forces of one entity are prohibited from entering the other.

Constitutional structure

Bosnia and Herzegovina (BiH), consists thus of two entities: the Federation of Bosnia and Herzegovina, the Republika Srpska and in fact a third one which has a special statute: the District of Brcko. The District Brcko has been directly under the State of Bosnia and Herzegovina since 8 March 2000, the proclamation of the District being in accordance with relevant international arbitration.

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© World INvestment NEws, 2002.
This is the electronic edition of the special country report on Bosnia published in Forbes Global Magazine. .
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