International studies, Vol. II No. 3, 2002.
Conference paper
The Constitutional Position of National Minorities in Bosnia and Herzegovina
Neđo Miličević
; Law Faculty in Sarajevo
Abstract
Legal treatment of ethnic minorities in both entities in Bosnia and Herzegovina is not only insufficient, but in certain cases it is characterized by gross discriminating decisions. Position of ethnic minorities in Federation of Bosnia and Herzegovina will depend to a considerable extent on how well designed amendments of cantonal constitutions and regarding laws will be. The Constitution of Bosnia and Herzegovina still comprises a number of provisions under which the same or even more explicit decisions are adopted as they are under provisions of constitutions of the entities that have been declared unconstitutional. This is one of the reasons why the endorsed constitutional amendments cannot be applied to a full extent. Namely, decisions of the Constitutional Court of Bosnia and Herzegovina do not and can not refer to the Constitutions of the entities as they do not come within its jurisdiction. However, regardless of mentioned difficulties and restrictions, the constitutional amendments represent a substantial improvement of a more stable constitutional and legal framework for development and enhancement of human rights and fundamental liberties of all the citizens of Bosnia and Herzegovina, including ethnic minorities members.
Keywords
national minorities; Constitution; human rights
Hrčak ID:
286479
URI
Publication date:
30.9.2002.
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