The Dayton Agreement Annex 4: A Comprehensive Guide

The Dayton Agreement, also known as the Dayton Accords, was an internationally recognized peace agreement signed in Paris on December 14, 1995, which helped end the Bosnian War. The agreement was negotiated in Dayton, Ohio, and it consisted of four annexes. Annex 4 of the Dayton Agreement, also known as the Constitution of Bosnia and Herzegovina, is the most critical annex. It lays down the framework for the political structure of the country, defining the power-sharing arrangements between the three constituent peoples: Bosniaks, Croats, and Serbs, and establishing the institutions of government.

In this article, we will take a closer look at the Dayton Agreement Annex 4 and what it entails.

The Structure of the Constitution of Bosnia and Herzegovina

The Constitution of Bosnia and Herzegovina is divided into three parts: General provisions, Fundamental rights and freedoms, and Organization of government. The General provisions outline the basic principles of the Constitution, such as the sovereignty of Bosnia and Herzegovina and the equality of the three constituent peoples. The Fundamental rights and freedoms section defines the rights and freedoms of every citizen regardless of their ethnicity, religion, or gender. Lastly, the Organization of government sets out the structure of the three branches of government: executive, legislative, and judiciary.

The Power-Sharing Arrangements

One of the unique features of the Dayton Agreement Annex 4 is the power-sharing arrangements between the three constituent peoples. The presidency of Bosnia and Herzegovina is made up of three members: one Bosniak, one Croat, and one Serb. The presidency functions collectively, and the members rotate every eight months. This power-sharing formula ensures that the interests of each ethnic group are represented in the highest office of the land.

The parliament of Bosnia and Herzegovina, also known as the Parliamentary Assembly, is made up of two houses: the House of Representatives and the House of Peoples. The House of Representatives has 42 members, and they are elected by proportional representation. The House of Peoples has 15 members, five from each constituent people, and they are elected by the entity parliaments. The power-sharing formula ensures that no ethnic group is overrepresented in the legislature.

The judiciary of Bosnia and Herzegovina is also structured to ensure that the interests of each ethnic group are represented. The Constitutional Court has nine members: three Bosniaks, three Croats, and three Serbs. The High Judicial and Prosecutorial Council has thirteen members: four Bosniaks, four Croats, four Serbs, and one other nationality.

Conclusion

The Dayton Agreement Annex 4, also known as the Constitution of Bosnia and Herzegovina, is a critical component of the peace agreement that ended the Bosnian War in 1995. The power-sharing arrangements between the three constituent peoples ensure that each ethnic group is represented in the highest offices of the land. The Constitution outlines the basic principles of the government, defines the powers and responsibilities of the various branches of government, and guarantees fundamental rights and freedoms to all citizens regardless of their ethnicity, religion, or gender. Understanding the Dayton Agreement Annex 4 is crucial in understanding the political structure of Bosnia and Herzegovina.