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2025
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| Acceso en línea: | https://doi.org/10.5281/zenodo.18923772 |
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| _version_ | 1866901897027256320 |
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| author | Ambarkov, Nikola |
| author_facet | Ambarkov, Nikola |
| contents | <p><span lang="EN-US">In 2025, the thirtieth anniversary of the signing of the Dayton Peace Agreement (DPA) will be marked. The agreement represented a minimal compromise between the three ethnic groups (Bosniaks, Serbs, and Croats) for joint statehood. All the institutions that were established by it were, to a large extent, created by the overly primordial understanding of ethnicity institutionalized in the system through the introduction of the constitutional concept of “constituent peoples”. The science of comparative constitutional law is not overly preoccupied with this concept, for the simple reason that in established Western<span> </span>democracies,<span> </span>as<span> </span>well<span> </span>as<span> </span>other<span> </span>countries<span> </span>around<span> </span>the<span> </span>world,<span> </span>one<span> </span>nation<span> </span>or<span> </span>people<span> </span>has always been dominant by definition. The phrase “constituent peoples” in Bosnia and Herzegovina (BiH) is not used in the sense of people (<em>populous</em>) as a collection of all citizens who are in a civil relationship with the country and who constitute its political people. Still, it is used in the sense of a separate ethnic identity. With this, the Constitution of BiH created a presumption of strong discrimination against non-constituent peoples (others, citizens) despite its formal provisions on non-discrimination. The issue of “constituent peoples” in BiH arises as problematic not only in the domain of human rights and fundamental freedoms but also in terms of the organization and structure of government. Hence, the purpose of this paper is to examine the repercussions caused by<span> </span>the introduction of the concept of “constituent peoples” into the entire post-Dayton<span> </span>political system<span> </span>of BiH.<span> </span>The basic<span> </span>thesis<span> </span>is<span> </span>that<span> </span>the<span> </span>idea of “constituent peoples” created<span> </span>an institutional framework for building a ‘negative’ peace through initial segregation and mutual control between the three ethnic groups, which over time failed to encourage their gradual integration and the building of democratic institutions, which were supposed to consolidate peace and pave the way for European integration. Therefore, the calls for the necessary “correction” of this concept, towards creating a civic and liberal counterbalance, to prevent the system from degenerating into a full ethnic democracy, are understandable. Hence, the idea of a more comprehensive constitutional reform, which would be best implemented within the framework of the country’s European integration path. With such<span> </span>a “Brussels Avenue”, BiH would gain the foundation that EU member states have today, which is characterized by internal integration and the development of institutions synonymous with a functional state. In this way, the shortcomings of the DPA would be corrected, and the integration process itself, along with the implementation of a clearly defined reform agenda, would be its positive upgrade.</span></p> |
| format | Recurso digital |
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| publisher | Zenodo |
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| spellingShingle | THE PRACTICAL IMPLICATIONS OF THE CONCEPT OF "CONSTITUENT PEOPLES" IN THE LEGAL-POLITICAL FRAMEWORK OF BOSNIA AND HERZEGOVINA – A REVIEW THREE DECADES AFTER DAYTON Ambarkov, Nikola <p><span lang="EN-US">In 2025, the thirtieth anniversary of the signing of the Dayton Peace Agreement (DPA) will be marked. The agreement represented a minimal compromise between the three ethnic groups (Bosniaks, Serbs, and Croats) for joint statehood. All the institutions that were established by it were, to a large extent, created by the overly primordial understanding of ethnicity institutionalized in the system through the introduction of the constitutional concept of “constituent peoples”. The science of comparative constitutional law is not overly preoccupied with this concept, for the simple reason that in established Western<span> </span>democracies,<span> </span>as<span> </span>well<span> </span>as<span> </span>other<span> </span>countries<span> </span>around<span> </span>the<span> </span>world,<span> </span>one<span> </span>nation<span> </span>or<span> </span>people<span> </span>has always been dominant by definition. The phrase “constituent peoples” in Bosnia and Herzegovina (BiH) is not used in the sense of people (<em>populous</em>) as a collection of all citizens who are in a civil relationship with the country and who constitute its political people. Still, it is used in the sense of a separate ethnic identity. With this, the Constitution of BiH created a presumption of strong discrimination against non-constituent peoples (others, citizens) despite its formal provisions on non-discrimination. The issue of “constituent peoples” in BiH arises as problematic not only in the domain of human rights and fundamental freedoms but also in terms of the organization and structure of government. Hence, the purpose of this paper is to examine the repercussions caused by<span> </span>the introduction of the concept of “constituent peoples” into the entire post-Dayton<span> </span>political system<span> </span>of BiH.<span> </span>The basic<span> </span>thesis<span> </span>is<span> </span>that<span> </span>the<span> </span>idea of “constituent peoples” created<span> </span>an institutional framework for building a ‘negative’ peace through initial segregation and mutual control between the three ethnic groups, which over time failed to encourage their gradual integration and the building of democratic institutions, which were supposed to consolidate peace and pave the way for European integration. Therefore, the calls for the necessary “correction” of this concept, towards creating a civic and liberal counterbalance, to prevent the system from degenerating into a full ethnic democracy, are understandable. Hence, the idea of a more comprehensive constitutional reform, which would be best implemented within the framework of the country’s European integration path. With such<span> </span>a “Brussels Avenue”, BiH would gain the foundation that EU member states have today, which is characterized by internal integration and the development of institutions synonymous with a functional state. In this way, the shortcomings of the DPA would be corrected, and the integration process itself, along with the implementation of a clearly defined reform agenda, would be its positive upgrade.</span></p> |
| title | THE PRACTICAL IMPLICATIONS OF THE CONCEPT OF "CONSTITUENT PEOPLES" IN THE LEGAL-POLITICAL FRAMEWORK OF BOSNIA AND HERZEGOVINA – A REVIEW THREE DECADES AFTER DAYTON |
| url | https://doi.org/10.5281/zenodo.18923772 |