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Thepolitics of Bosnia and Herzegovina are defined by aparliamentary,representative democratic framework, where theChairman of the Council of Ministers of Bosnia and Herzegovina, named by thePresidency of Bosnia and Herzegovina, is thehead of government.Executive power is exercised by theCouncil of Ministers of Bosnia and Herzegovina and the Presidency of Bosnia and Herzegovina.Legislative power is vested in both the Council of Ministers and theParliamentary Assembly of Bosnia and Herzegovina. Members of the Parliamentary Assembly are chosen according to aproportional representation system. Thejudiciary is independent of the executive and the legislature.
The system of government established by theDayton Agreement that ended theBosnian war in 1995 is an example ofconsociationalism, as representation is by elites who represent the country's three majorethnic groups termedconstituent peoples, with each having a guaranteed share of power.
Bosnia and Herzegovina is divided into twoEntities – theFederation of Bosnia and Herzegovina and theRepublika Srpska, which are politically autonomous to an extent, as well as theBrčko District, which is jointly administered by both. The Entities have their own constitutions. TheEconomist Intelligence Unit rated Bosnia and Herzegovina a "hybrid regime" in 2022.[1][needs update]
After the signing of theDayton Agreement on 14 December 1995, Bosnia and Herzegovina formed anundeclaredprotectorate, where highest power was given to theHigh Representative for Bosnia and Herzegovina, named by thePeace Implementation Council. The intention of the Agreement was to retain Bosnia's exterior border, while creating a joint multi-ethnic and democratic government based on proportional representation, and charged with conducting foreign, economic, and fiscal policy.
The Dayton Agreement established the Office of the High Representative (OHR) to oversee the implementation of the civilian aspects of the agreement.[2]
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The highest political authority in the country is theHigh Representative for Bosnia and Herzegovina, the chief executive officer for the international civilian presence in the country. The High Representative has power to remove government officials, including court justices, local government members and members of parliament through theBonn Powers which were introduced in 1997.[3][4]
The mandate of the High Representatives derives from the Dayton Agreement, as confirmed by thePeace Implementation Council (PIC), a body with a Steering Board composed of representatives ofCanada,France,Germany,Italy,Japan,Russia, theUnited Kingdom, theUnited States, thepresidency of the European Union, theEuropean Commission, and theOrganisation of Islamic Cooperation.[5] The Peace Implementation Council has established several criteria for the OHR to be closed, two of which have been completed but must be sustained until all five are completed.
Due to the vast powers of the High Representative over Bosnian politics and essentialveto powers, the position has also been compared to that of aviceroy.[6][7][8][9]
TheChair of thePresidency of Bosnia and Herzegovina rotates amongst three members (aBosniak, aSerb, and aCroat) every 8 months within their 4-year term. The three members of the Presidency are elected directly by the people, with Federation voters electing both the Bosniak and the Croat member, and Republika Srpska voters electing the Serb member. The Presidency serves as a collectivehead of state. The Presidency is mainly responsible for theforeign policy and proposing thebudget.[10][11]
The Prime Minister, formally titledChairman of the Council of Ministers of Bosnia and Herzegovina, is nominated by the Presidency and approved by theHouse of Representatives.[12] They appoint theMinister of Foreign Affairs, theMinister of Foreign Trade and other ministers as may be appropriate (no more than two thirds of the ministers may be appointed from the territory of the Federation of Bosnia and Herzegovina), who assume the office upon the approval by the House of Representatives; also, the chair appoints deputy ministers (who may not be from the same constituent people as their ministers), who assume the office upon the approval by the House of Representatives.
TheCouncil is responsible for carrying out policies and decisions in the fields of diplomacy, economy, inter-entity relations and other matters as agreed by the entities.
The two Entities have Governments that deal with internal matters not dealt with by the Council of Ministers.
TheParliamentary Assembly orParliamentarna skupština is the main legislative body in Bosnia and Herzegovina. It consists oftwo chambers:[12]
The Parliamentary Assembly is responsible for:[13]
Bosnia and Herzegovina did not have a permanentelection law until 2001, during which time a draft law specified four-year terms for the state and first-order administrative division entity legislatures. The final election law was passed and publicized in 2001 and amended in 2002.[14]
TheHouse of Peoples includes 15 delegates who serve two-year terms. Two-thirds of delegates come from the Federation (5 Croats and 5 Bosniaks) and one-third from the Republika Srpska (5 Serbs).[12] Nine constitutes a quorum in the House of Peoples, provided that at least three delegates from each group are present. Federation representatives are selected by theHouse of Peoples of the Federation, which has 58 seats (17 Bosniaks, 17 Croats, 17 Serbs, 7 others), and whose members are delegated by cantonal assemblies to serve four-year terms.[15] Republika Srpska representatives are selected by the 28-member Republika Srpska Council of Peoples, which was established in theNational Assembly of Republika Srpska; each constituent people has eight delegates, while four delegates are representatives of "others".[16]
TheHouse of Representatives comprises 42 members elected under a system ofproportional representation (PR) for a four-year term. Two thirds of the members are elected from the Federation (14 Croats; 14 Bosniaks) and one third from the Republika Srpska (14 Serbs).[12]
For the2010 general election, voters in the Federation of Bosnia and Herzegovina elected twenty-one members in five multi-member constituencies by PR, while the remaining seven seats were allocated by compensatory PR. Voters in the Republika Srpska elected nine members in three multi-member constituencies by PR, while the five other seats were allocated by compensatory PR.[17]
| Candidate | Party | Votes | % |
|---|---|---|---|
| Bosniak member | |||
| Šefik Džaferović | Party of Democratic Action | 212,581 | 36.61 |
| Denis Bećirović | Social Democratic Party of Bosnia and Herzegovina | 194,688 | 33.53 |
| Fahrudin Radončić | Union for a Better Future of BiH | 75,210 | 12.95 |
| Mirsad Hadžikadić | Independent | 58,555 | 10.09 |
| Senad Šepić | Independent Bloc | 29,922 | 5.15 |
| Amer Jerlagić | Party for Bosnia and Herzegovina | 9,655 | 1.66 |
| Croat member | |||
| Željko Komšić | Democratic Front | 225,500 | 52.64 |
| Dragan Čović | Croatian Democratic Union of Bosnia and Herzegovina | 154,819 | 36.14 |
| Diana Zelenika | Croatian Democratic Union 1990 | 25,890 | 6.04 |
| Boriša Falatar | Our Party | 16,036 | 3.74 |
| Jerko Ivanković Lijanović | People's Party Work for Prosperity | 6,099 | 1.42 |
| Serb member | |||
| Milorad Dodik | Alliance of Independent Social Democrats | 368,210 | 53.88 |
| Mladen Ivanić | Serb Democratic Party | 292,065 | 42.74 |
| Mirjana Popović | Fair Policy Party | 12,731 | 1.86 |
| Gojko Kličković | Fair Policy Party | 10,355 | 1.52 |
| Invalid/blank votes | 120,259 | – | |
| Total | 1,812,575 | 100 | |
| Registered voters/turnout | |||
| Source:CEC | |||
| Party | Federation | Republika Srpska | Total | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Votes | % | Seats | Votes | % | Seats | Votes | % | Seats | +/– | |||
| Party of Democratic Action | 252,081 | 25.48 | 8 | 29,673 | 4.45 | 1 | 281,754 | 17.01 | 9 | –1 | ||
| Alliance of Independent Social Democrats | 4,663 | 0.47 | 0 | 260,930 | 39.10 | 6 | 265,593 | 16.03 | 6 | 0 | ||
| SDS–NDP–NS–SRS | – | – | – | 162,414 | 24.34 | 3 | 162,414 | 9.80 | 3 | –2 | ||
| Social Democratic Party | 140,781 | 14.23 | 5 | 9.672 | 1.45 | 0 | 150,453 | 9.08 | 5 | +2 | ||
| HDZ BiH–HSS–HSP-HNS–HKDU–HSP-AS BiH–HDU BiH | 145,487 | 14.71 | 5 | 4.385 | 0.66 | 0 | 149,872 | 9.05 | 5 | +1 | ||
| Democratic Front–Civic Alliance | 96,180 | 9.72 | 3 | – | – | – | 96,180 | 5.81 | 3 | –1 | ||
| Social Democratic Party | 92,906 | 9.45 | 3 | 15,736 | 2.43 | – | 108,642 | 6.66 | 3 | –5 | ||
| PDP–NDP | 194 | 0.02 | 0 | 50,338 | 7.76 | 1 | 50,532 | 3.10 | 1 | 0 | ||
| Croatian Democratic Union 1990 | 40,113 | 4.08 | 1 | – | – | – | 40,113 | 2.46 | 1 | – | ||
| Bosnian-Herzegovinian Patriotic Party-Sefer Halilović | 35,866 | 3.65 | 1 | 2,452 | 0.38 | 0 | 38,318 | 2.35 | 1 | +1 | ||
| Democratic People's Alliance | – | – | – | 37,072 | 5.72 | 1 | 37,072 | 2.27 | 1 | 0 | ||
| Party for Bosnia and Herzegovina | 25,677 | 2.61 | 0 | – | – | – | 25,677 | 1.57 | 0 | –2 | ||
| Party of Democratic Activity | 22,088 | 2.25 | 1 | – | – | – | 22,088 | 1.35 | 1 | New | ||
| Socialist Party | – | – | – | 18,732 | 2.89 | 0 | 18,732 | 1.15 | 0 | 0 | ||
| SPP–SDU–DNZ | 12,885 | 1.31 | 0 | 3,429 | 0.53 | 0 | 16,314 | 1.00 | 0 | –1 | ||
| People's Party for Work and Betterment | 12,927 | 1.31 | 0 | – | – | – | 12,927 | 0.79 | 0 | –1 | ||
| Serbian Progressive Party | – | – | – | 11,421 | 1.76 | 0 | 11,421 | 0.70 | 0 | 0 | ||
| Our Party | 10,913 | 1.11 | 0 | – | – | – | 10,913 | 0.67 | 0 | 0 | ||
| Party of Justice and Trust | – | – | – | 9,763 | 1.51 | 0 | 9,763 | 0.60 | 0 | New | ||
| Bosnian Party | 7,518 | 0.76 | 0 | – | – | – | 7,518 | 0.46 | 0 | 0 | ||
| Social Democratic Union | 5,881 | 0.6 | 0 | 853 | 0.13 | 0 | 6,734 | 0.41 | 0 | 0 | ||
| Labour Party | 5,731 | 0.58 | 0 | – | – | – | 5,731 | 0.35 | 0 | New | ||
| HSP–DSI | 5,475 | 0.56 | 0 | – | – | – | 5,475 | 0.34 | 0 | – | ||
| Communist Party | 3,075 | 0.31 | 0 | 1,976 | 0.30 | 0 | 5,051 | 0.31 | 0 | New | ||
| HKDU | 4,718 | 0.48 | 0 | – | – | – | 4,718 | 0.29 | 0 | New | ||
| Diaspora Party | 3,371 | 0.34 | 0 | – | – | – | 3,371 | 0.21 | 0 | New | ||
| New Movement | 1,830 | 0.19 | 0 | – | – | – | 1,830 | 0.11 | 0 | New | ||
| Tomo Vukić | – | – | – | 397 | 0.06 | 0 | 397 | 0.02 | 0 | New | ||
| Invalid/blank votes | 97,720 | – | – | 58,857 | – | – | 156,577 | – | – | – | ||
| Total | 1,081,025 | 100 | 28 | 701,156 | 100 | 14 | 1,782,181 | 100 | 42 | – | ||
| Registered voters/turnout | – | – | – | – | ||||||||
| Source:CEC | ||||||||||||
National House of Representatives:
House of Peoples:
Federal House of Representatives:
Federal House of Peoples:
Republika Srpska National Assembly:
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TheConstitutional Court of Bosnia and Herzegovina is the supreme, final arbiter of constitutional matters. The court is composed of nine members: four selected by theHouse of Representatives of the Federation, two by the National Assembly of Republika Srpska, and three are foreign citizens appointed by the President of theEuropean Court of Human Rights after courtesy-consultation with the Presidency.
The initial term of appointee is 5 years, unless they resign or are removed by consensus of other judges. Appointed judges are not eligible for reappointment. Judges subsequently appointed will serve until the age of 70, unless they resign sooner or are removed. Appointments made 5 years into the initial appointments may be governed by a different regulation for selection, to be determined by the Parliamentary Assembly.
Proceedings of the Court are public, and decisions are published. Court rules are adopted by a majority in the Court. Court decisions are final and supposedly binding though this is not always the case, as noted.[18]
The Constitutional Court has jurisdiction over deciding in constitutional disputes that arise between the Entities or amongst Bosnia and Herzegovina and an Entity or Entities. Such disputes may be referred only by a member of the Presidency, the Chair of the Council of Ministers, the chair or deputy chair of either of the chambers of the Parliamentary Assembly, or by one-fourth of the legislature of either Entity.
The Court also has appellate jurisdiction within the territory of Bosnia and Herzegovina.
TheCourt of Bosnia and Herzegovina consists of three divisions – Administrative, Appellate and Criminal – having jurisdiction over cases related to the state-level law and executive, as well as appellate jurisdiction over cases initiated in the entities.
A War Crimes Chamber was introduced in January 2005, and has adopted two cases transferred from theICTY, as well as dozens of war crimes cases originally initiated in cantonal courts.
The State Court also deals with organized crime, and economic crime including corruption cases. For example, the former member of the PresidencyDragan Čović was on trial for alleged involvement in organized crime.
TheHuman Rights Chamber for Bosnia and Herzegovina (Dom za ljudska prava za Bosnu i Hercegovinu) existed between March 1996 and 31 December 2003. It was a judicial body established under the Annex 6 of theGeneral Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Agreement).
The two Entities have Supreme Courts. Each entity also has a number of lower courts. There are 10 cantonal courts in the Federation, along with a number of municipal courts. The Republika Srpska has seven district (okrug) courts.
TheHigh Judicial and Prosecutorial Council (JHPC / VSTV) is the self-regulatory body of the judiciary in the country, tasked with guaranteeing its independence.[19] It is based on the continental tradition of self-management of the judiciary. It was formed in 2004.
