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Bosnia and Herzegovina: Constitution of the Federation

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Legislation and Regulations
Copyright
Copyright © American Society of International Law 1994

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References

* [Reproduced from the text provided by the U.S. Department of State. The table of contents has not been reproduced. On March 30, 1994, the Parliament of Bosnia and Herzegovina unanimously approved the Constitution.[On March 1, 1994, Haris Silajdzic, Prime Minister of the Republic of Bosnia and Herzegovina, Mate Granic,the Deputy Prime Minister and Minister for Foreign Affairs of the Republic of Croatia and Kresimir Zubak, the head of the Bosnian Croat delegation at the International Conference on the Former Yugoslavia, agreed to establish a high-level Transitional Committee to work on: (1) the Constitution of the Federation; (2) the Preliminary Agreement on the Confederation between the Republic of Croatia and the Proposed Federation; (3) an agreement concerning military arrangements in the territory of the Proposed Federation; and (4) transitional measures to expedite the establishment of the Confederation and Federation, including where possible the creation of governmental structures as outlined in the Framework Agreement signed on that date.[The Constitution of the Federation, endorsed on March 18, 1994, and approved by Parliament on March 30,1994, reproduced below is the result of the Transitional Committee's efforts. On May 11, 1994, in Vienna,Kresimir Zubak and Haris Silajdzic reached agreement to add an additional article to the Constitution concerning a Special Regime for Mixed Cantons. Agreement on the Criteria for the Definition of the Territory of the Federation of Bosnia and Herzegovina, together with a map showing the Federation Cantons, was also reached on May 11, 1994. These additions are reproduced at the end of the Constitution at 33 I.L.M. 781 (1994).[On May 31, 1994, a constituent assembly of Muslims and Croats, meeting in Sarajevo, voted unanimously in favor of Kresimir Zubak, a Croat, as President and Ejup Ganic, a Muslim, as Vice-President. The appointments are for a six-month period, after which general elections are to be held.][The Preliminary Agreement concerning the Establishment of a Confederation, signed by representatives of Bosnia and Herzegovina and Croatia on March 18, 1994, is also the result of the Transitional Committee's efforts. It appears at 33 I.L.M. 605 (1994).]

* [For the text of Number 5. Special Regime for [Middle Bosnia] and [Neretva] Cantons, Article 12, agreed to on May 11, 1994, see 33 I.L.M. 781 (1994).]

* [The map above is intended to indicate (he Canton distribution. The external boundaries will be negotiated with the Bosnian Serbs under the auspices of the Contact Group. The Cantons numbered 2 and 8 are Croat. The Cantons numbered 6 and 7 are mixed; number 6 represents [Middle Bosnia] and number 7 represents [Neretva]. Numbers 1, 3, 4 and 5 are Muslim. Sarajevo appears as the dark shaded area between numbers 4, 5, 6 and 7. The unnumbered areas are Serb. On May 13, 1994, the Foreign Ministers of Greece, Belgium and Germany and European Commissioner Hans van den Broek, comprising the Troika of the European Union, and the Foreign Ministers of France, the Russian Federation, the United Kingdom and the United States, together with the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia, met in Geneva. The Ministers urged “the parties to reach an agreement” on the hasis of “51 nercent for the Bosniac Croat entity and 49 percent for the Bosnian Serb entity.“!