On Implementation and Revision of the Constitution of Bosnia and Herzegovina
On Implementation and Revision of the Constitution of Bosnia and Herzegovina

Summary/Abstract: The current constitutional system cannot reintegrate Bosnia and Herzegovina. Also, it cannot revive the Bosnian and Herzegovinian multilateral society (on the contrary, it is systematically destroying it). Furthermore, the current constitutional system cannot provide for human rights and freedoms according to the so-called ‘European standards’. To make the paradox complete, it cannot provide for collective national rights of the so-called constitutive nations on the whole territory of B&H, nor can it protect the rights of the minorities and provide for the right of their participation in the government (‘the others’). Moreover, it cannot build a functional state organization, the rule of law, constitutionality, legality, equality, rules against discrimination, an adequate persecution of war criminals and verdicts on them, the return of refugees and displaced persons to their pre-war settlements, personal security and its citizens’ property security. When it comes to its participation in the government, this constitutional system cannot provide it even for the constitutive nations and especially the ‘other’ national minorities). Regarding the constitutional laws and rights, this constitutional system has inaugurated two kinds of Bosniaks, two kinds of Bosnian Serbs, and two kinds of Bosnian Croats….In Bosnia and Herzegovina, the declared human rights and freedoms (declared by the constitutions and international documents that are parts of the Constitution) are merely rights with no material value (‘nudum ius’) because there are no state instruments to protect and implement those rights and freedoms. More precisely, these instruments exist, not on the state level, but as entity-cantonal instruments. Bearing in mind the legal aim for the formation and existence of the entities (and cantons), it is clear that the implementation of human rights and freedoms (and non-discrimination) is opposite to that aim. Both the entities and cantons find their fundamental reason for existence in discrimination, primarily religious and national, as well as in the usurpation of an enormous amount of material riches by mono-national political parties and criminal national “elites”.

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