Harmonization of archival regulations in Bosnia and Herzegovina - possibility or utopia Cover Image
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Harmonizacija arhivskih propisa Bosne i Hercegovine – mogućnost ili utopija
Harmonization of archival regulations in Bosnia and Herzegovina - possibility or utopia

Author(s): Azem Kožar
Subject(s): Law, Constitution, Jurisprudence
Published by: Arhivističko udruženje Bosne i Hercegovine AUBiH

Summary/Abstract: In a few examples shown we indicated the issue of unharmonized archival legislation in Bosnia and Herzegovina. Understandably there are many other examples in existing archival legislation. It is obvious that in making archival law there were no expert co-ordinating factor involved in their preparation phase. Can the state change, i.e. whether the archival rules (laws) to harmonize, whether it is in the interest of the archival service of Bosnia and Herzegovina as a whole, etc., are logical and appropriate professional issues. What needs to be emphasized is building orientation for installation in any type of archival law provisions on some kind of subordination, even if it were data records that Archives of Bosnia and Herzegovina leads, although established jurisdiction of Archives of Bosnia and Herzegovina and Archival Council of Bosnia and Herzegovina should not be reduced. This is because only this law “passed” through the bodies of the Society during the preparation. Secondly it could be (and should) agreed on the terms that are binding upon all levels of government before making a decision on bringing archival material abroad must seek the opinion of the relevant archive. This would, at least nominally, give the importance of archives that they deserve regarding this professional issue. The third unharmonized issue (the conditions for the election of directors archives) is also possible to standardize in following elements (terms): education (with the provision that the faculty of social sciences should be added to the faculty of humanities), length of work experience (five years in the archival profession), passing of the archival exam (a requirement to prioritize professional over political criteria), and at least three published scientific or professional archival work (a condition that builds the technical advantage over the political criteria). The issue of archival terminology, however, is not due to any political views, and their imposing, but considerably more conservative archival institutions, and their superiors in the administration who are preparing a proposal of an archival law. On this issue, which is purely technical nature, archives and archival associations can give its full contribution. Discrepancy, however, regarding penal provisions are not professional questions even though it is related to the profession. This work is mainly prepared and conducted by the administration of any legislative levels. The problem is ignorance and conservatism of the centers of power, and probably political reasons that lead to the closure of ‘their’ administrative framework. It is up to the profession to offer a positive solution supports and encourages their application to other administrative levels, preferably uniformly throughout Bosnia and Herzegovina.

  • Issue Year: 2011
  • Issue No: 41
  • Page Range: 54-61
  • Page Count: 8
  • Language: Bosnian