VI.

Government

When Bosnia declared independence in 1992, it operated under a modified version of the Yugoslav constitution, which provided for a bicameral (two-chamber) legislature, a government headed by a prime minister, and a collective presidency with one representative from each of the three major ethnic groups. After the 1990 elections, in which most Bosnians voted along ethnic lines, Bosniaks enjoyed a slight advantage in representation. However, the Bosniak-dominated government was paralyzed during the war as the Croats and the Serbs established governments of their own and rejected its authority.

A new constitution was drafted as part of the Dayton accord, providing for a national government structured much as it had been under the previous constitution. There is a three-member presidency and a bicameral legislature. The central government has very little authority within the country, however, and for the most part its power extends only to foreign trade and foreign affairs. The new constitution recognizes Bosnia as a state officially composed of two entities, the Serb Republic and the Federation of Bosnia and Herzegovina. All governmental functions not given expressly to the central government belong to the entities.

The Bosniak-Croat federation has its own government. Its constitution was drawn up by U.S. government lawyers in 1994. The federation’s government is headed by a president and a bicameral legislature. However, this government has no authority except over foreign affairs. In addition, the legislature can easily be deadlocked when the deputies vote along ethnic lines. In reality, the federation has never really functioned, and the Croat-controlled areas of Bosnia remain free of control by the federation authorities, being closely linked with Croatia instead. In 1992 the Croats formed a breakaway state, the “Croatian Community of Herzeg-Bosnia.” Herzeg-Bosnia continues an unofficial existence. Its territory is integrated into the Croatian telephone and electrical networks, and residents use Croatian money and vote in Croatian elections. Like the Bosniak-Croat federation, the Serb Republic has its own constitution (drafted by Serb leaders in 1992) and complete governmental structure, including a president and unicameral legislature, the People’s Assembly. The government of the Serb Republic wields authority over domestic and foreign affairs.

In practice, the constitutional system of Bosnia does not provide the structure for a workable state. From 1995 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. The High Representative also 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 the Dayton accord. Westendorp 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).

A.

Executive

Bosnia’s three-member joint presidency comprises one Bosniak, one Croat, and one Serb member. All members are formally equal, with chairmanship of the collective body rotating every six months. The members of the presidency are elected by direct popular vote from their respective entities (two from the federation, one from the Serb Republic). Although the first elections, in 1996, were for two-year terms, the members are to be elected for four-year terms. The collective presidency is supposed to make decisions by consensus, and a provision exists for nullification of a non-unanimous decision by the presidency if so demanded by the entity whose representative has been outvoted. The presidency, as head of state, has some powers related to foreign policy and represents Bosnia internationally. The presidency also nominates the government, composed of Bosniak and Serb co-prime ministers (with a Croat deputy prime minister) and a cabinet known as the Council of Ministers. No more than two-thirds of the members of this cabinet may be from the Bosniak-Croat federation, and each minister must have deputy ministers from the other two national groups. Ministers are confirmed by the central legislature.

B.

Legislature

The central legislature has two chambers, the House of Peoples and the House of Representatives. The House of Peoples has 15 members, 5 Bosniaks, 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. The central legislature is charged with drafting laws that implement decisions made by the collective presidency, determining a national budget, and ratifying international treaties. Complicated procedures exist to try to ensure that no ethnic group is outvoted on matters concerning its vital interests.

C.

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 decides constitutional issues and disputes between the entities. The Constitutional Court has nine members, four elected by the parliament of the Bosniak-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 neighboring state. The first judges appointed hold five-year terms. Subsequent appointments are supposed to last until the judge reaches age 70.

D.

Political Parties

In every relatively free and fair election in Bosnia in the 20th century, starting in 1910, the population has voted along ethnic lines. In 1945 Yugoslavia emerged from World War II controlled by the Communist Party of Yugoslavia (name changed to the League of Communists of Yugoslavia, or LCY, in 1952). The Communists, whose power extended throughout Yugoslav government and society, were practically the only party in the country until 1990. The LCY chapters in each of the republics officially disbanded in 1990, some taking other names. In Bosnia, nationalist parties for each of the three largest ethnic groups formed that year. Since then the most important Bosniak party has been the Party of Democratic Action (PDA). In 1998 the PDA became the dominant party in a Bosniak coalition, the Coalition for a Whole and Democratic Bosnia and Herzegovina. The most important Croat party is the Croatian Democratic Union of Bosnia and Herzegovina (CDU-BH), a branch of the ruling Croatian Democratic Union in Croatia. The CDU-BH answers to Croatian party leaders.

For Bosnian Serbs, more than one party has significant backing. The overwhelming winner in the elections in 1990 and 1996 was the Serbian Democratic Party (SDP). This nationalist party advocated either that Bosnia remain in Yugoslavia (when it still could) or that lands inhabited by Serbs in an independent Bosnia be united with Serbia. While this party was still the largest Serb party in 1998, Sloga (Accord), a coalition of other Serb parties less opposed to Bosnia’s ethnic reintegration, was also created. The coalition received backing from Western Europe and the United States for pledging to support the Dayton peace accord. The third major Serb party was the ultranationalist Serbian Radical Party, which staunchly advocated a “Greater Serbia.” The Serbian Radical Party is a branch of the same party in Serbia and is controlled from there.

E.

Social Services

Social services are supposed to be provided by the entities, not the central government. Within the Bosniak-Croat federation, services often are provided by Croat and Bosniak authorities (to their respective populations), instead of by the federation government. In the 1990s foreign non-governmental organizations actually provided the bulk of social services. Before the war, health care in Bosnia was state-administered and free.

F.

Defense

Separate Serb, Croat, and Bosniak military forces are acknowledged in the national and Bosniak-Croat constitutions, with some provisions for coordination but not for joint control. In 1998 the Bosniak army (officially the Bosnian army) numbered about 40,000; the Croatian Defense Council had some 16,000 troops in the country. The Serb Republic had up to 30,000 troops in its army. The military forces of one entity are prohibited from entering the other.

The Government section of this article was contributed by Robert M. Hayden.