www.talkcyprus.org

[cypezokyli]

ofcource bosnian constitution was created under different circumstances. it was agreed under immense outside pressure, and the chances are that the main reason that it survived in the first years was the international presence. it has been accused of creating a de facto partition , and it seems that that there was some cooperation on federal level only when moderates came to power.

anyway i thought of presenting here some parts , just as food for thought. i want to repeat that there are difference and similarities bw cyprus and bosnia. i wouldnt want to call it "a proposed solution to the cyppro". the purpose is to see if there is sth that we can use or avoid using. if we can learn from others , why not ? :wink:

heres some of the basic things


Quote: Article III: Responsibilities of and Relations Between the Institutions of Bosnia and Herzegovina and the Entities

Responsibilities of the Institutions of Bosnia and Herzegovina.

The following matters are the responsibility of the institutions of Bosnia and Herzegovina:

1. Foreign policy.
2. Foreign trade policy.
3. Customs policy.
4. Monetary policy as provided in Article VII.
5. Finances of the institutions and for the international obligations of Bosnia and Herzegovina.
6. Immigration, refugee, and asylum policy and regulation.
International and inter-Entity criminal law enforcement, including relations with Interpol.
7. Establishment and operation of common and international communications facilities.
8. Regulation of inter-Entity transportation.
9. Air traffic control.

Responsibilities of the Entities.

1. The Entities shall have the right to establish special parallel relationships with neighboring states consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.
2. Each Entity shall provide all necessary assistance to the government of Bosnia and Herzegovina in order to enable it to honor the international obligations of Bosnia and Herzegovina, provided that financial obligations incurred by one Entity without the consent of the other prior to the election of the Parliamentary Assembly and Presidency of Bosnia and Herzegovina shall be the responsibility of that Entity, except insofar as the obligation is necessary for continuing the membership of Bosnia and Herzegovina in an international organization.
3. The Entities shall provide a safe and secure environment for all persons in their respective jurisdictions, by maintaining civilian law enforcement agencies operating in accordance with internationally recognized standards and with respect for the internationally recognized human rights and fundamental freedoms referred to in Article II above, and by taking such other measures as appropriate.
4. Each Entity may also enter into agreements with states and international organizations with the consent of the Parliamentary Assembly. The Parliamentary Assembly may provide by law that certain types of agreements do not require such consent.

the entities are: the Federation of Bosnia and Herzegovina and the Republika Srpsk

Quote: Article IV: Parliamentary Assembly

The Parliamentary Assembly shall have two chambers: the House of Peoples and the House of Representatives.

House of Peoples. The House of Peoples shall comprise 15 Delegates, two-thirds from the Federation (including five Croats and five Bosniacs) and one-third from the Republika Srpska (five Serbs).

1. The designated Croat and Bosniac Delegates from the Federation shall be selected, respectively, by the Croat and Bosniac Delegates to the House of Peoples of the Federation. Delegates from the Republika Srpska shall be selected by the National Assembly of the Republika Srpska.
2. Nine members of the House of Peoples shall comprise a quorum, provided that at least three Bosniac, three Croat, and three Serb Delegates are present.

House of Representatives. The House of Representatives shall comprise 42 Members, two- thirds elected from the territory of the Federation, one-third from the territory of the Republika Srpska.

1. Members of the House of Representatives shall be directly elected from their Entity in accordance with an election law to be adopted by the Parliamentary Assembly. The first election, however, shall take place in accordance with Annex 3 to the General Framework Agreement.
2. A majority of all members elected to the House of Representatives shall comprise a quorum.




Procedures.
......
c. All legislation shall require the approval of both chambers.
d. All decisions in both chambers shall be by majority of those present and voting. The Delegates and Members shall make their best efforts to see that the majority includes at least one-third of the votes of Delegates or Members from the territory of each Entity. If a majority vote does not include one-third of the votes of Delegates or Members from the territory of each Entity, the Chair and Deputy Chairs shall meet as a commission and attempt to obtain approval within three days of the vote. If those efforts fail, decisions shall be taken by a majority of those present and voting, provided that the dissenting votes do not include two-thirds or more of the Delegates or Members elected from either Entity.
e. A proposed decision of the Parliamentary Assembly may be declared to be destructive of a vital interest of the Bosniac, Croat, or Serb people by a majority of, as appropriate, the Bosniac, Croat, or Serb Delegates selected in accordance with paragraph l(a) above. Such a proposed decision shall require for approval in the House of Peoples a majority of the Bosniac, of the Croat, and of the Serb Delegates present and voting.
f. When a majority of the Bosniac, of the Croat, or of the Serb Delegates objects to the invocation of paragraph (e), the Chair of the House of Peoples shall immediately convene a Joint Commission comprising three Delegates, one each selected by the Bosniac, by the Croat, and by the Serb Delegates, to resolve the issue. If the Commission fails to do so within five days, the matter will be referred to the Constitutional Court, which shall in an expedited process review it for procedural regularity.



Quote: Article V: Presidency

The Presidency of Bosnia and Herzegovina shall consist of three Members: one Bosniac and one Croat, each directly elected from the territory of the Federation, and one Serb directly elected from the territory of the Republika Srpska.
Election and Term.

1. Members of the Presidency shall be directly elected in each Entity (with each voter voting to fill one seat on the Presidency) in accordance with an election law adopted by the Parliamentary Assembly. The first election, however, shall take place in accordance with Annex 3 to the General Framework Agreement. Any vacancy in the Presidency shall be filled from the relevant Entity in accordance with a law to be adopted by the Parliamentary Assembly.
2. The term of the Members of the Presidency elected in the first election shall be two years; the term of Members subsequently elected shall be four years. Members shall be eligible to succeed themselves once and shall thereafter be ineligible for four years.

Procedures.
.......

3. The Presidency shall endeavor to adopt all Presidency Decisions (i.e., those concerning matters arising under Article III(l)(a) - (e)) by consensus. Such decisions may, subject to paragraph (d) below, nevertheless be adopted by two Members when all efforts to reach consensus have failed.
4. A dissenting Member of the Presidency may declare a Presidency Decision to be destructive of a vital interest of the Entity from the territory from which he was elected, provided that he does so within three days of its adoption. Such a Decision shall be referred immediately to the National Assembly of the Republika Srpska, if the declaration was made by the Member from that territory; to the Bosniac Delegates of the House of Peoples of the Federation, if the declaration was made by the Bosniac Member; or to the Croat Delegates of that body, if the declaration was made by the Croat Member. If the declaration is confirmed by a two-thirds vote of those persons within ten days of the referral, the challenged Presidency Decision shall not take effect.



Quote: Article VI: Constitutional Court

Composition. The Constitutional Court of Bosnia and Herzegovina shall have nine members.

1. Four members shall be selected by the House of Representatives of the Federation, and two members by the Assembly of the Republika Srpska. The remaining three members shall be selected by the President of the European Court of Human Rights after consultation with the Presidency.


the whole thing here
http://www.oscebih.org/overview/gfap/eng/annex4.asp



and sth that came along in the process , due to :
inability of the parties to cooperate
not clear what the dayton agreement meant :

The Mediation and Arbitration System

Quote: Shortly after the Federation was founded, the governments of Bosnia-Hercegovina and Croatia recognized the need for a dispute settlement mechanism to resolve disputes that the two parties could not settle themselves. In 1995, Bosnian President Izetbegovic and Croat President Tudjman, in accordance with the German and U.S. governments, agreed to a two-step dispute mechanism. The parties appointed Christian Schwarz-Schilling, a member of the German Parliament, as Mediator for the Federation, and Washington-based attorney Roberts Owen as the Federation Arbitrator.

The role of the Federation Mediator is to negotiate with the parties to settle all disputes, taking into account the parties' views on particular issues, and to evaluate possibilities of compromise. If the parties reach a compromise, an agreement is immediately documented and signed by the authorized representatives.

If the parties cannot compromise, or if one side is not complying with a signed agreement, either party may request binding arbitration. In contrast to mediation, the arbitration process resolves disputes entirely through legal mechanisms, with no room for bargaining. The parties each present their case and legal arguments, usually in writing, and the Arbitrator then makes an unappealable decision solely on legal grounds.

In the past, arbitration decisions often have been challenged by the losing party, who has asked the Mediator to interpret the decision or renegotiate the issue. The Mediator, however, has refused to do so, emphasizing the binding nature of the arbitration. Arbitration, therefore, involves considerable risk because the parties cannot influence the outcome. The losing party in arbitration, in retrospect, often regrets its prior refusal to adopt a compromise proposed by the Mediator. The first mediation round took place in June 1995, and since then only 15 municipalities have applied for binding and final arbitration.

http://www.wcl.american.edu/hrbrief/v4i1/bosnia41.htm

[cypezokyli]

the council of europe adopted on june 2006 a very interesting resolution concerning amendments on the constitution of bosnia herzegovina :

the muslim bosnians, are apparently in favor of a unified state, whereas bosnian serbs are stuck on partitionists aims, or at best continuation of the current situation . i am not sure , but i think the bosnian croats are divided on the issue of the amendments

Quote:
Resolution 1513 (2006)1

Constitutional reform in Bosnia and Herzegovina

1. Since Bosnia and Herzegovina’s accession to the Council of Europe in April 2002, slow but steady progress has been achieved in building a stable, functional and efficient state. Examples are the setting up of a court at state level and the transfer of competences from the entities to the state in the fields of defence, intelligence, the judiciary, indirect taxation and the forthcoming police reform, the principles of which were agreed upon by all parliaments at entity and state level in October 2005.

2. To date, however, the continuing weakness of the state and the constitutional necessity to ensure full equality at every level between the 3 constituent peoples have led to a situation where around 60% of the GDP is still spent on maintaining state and entity apparatus: there are 3 rotating presidents at state level, 2 presidents at entity level, 13 prime ministers, over 180 ministers, 760 members of various legislative bodies and 148 municipalities. Furthermore, the voluntary or imposed transfer of a number of competences to the state level has not resulted in a corresponding reduction of the entity apparatus.

3. The Assembly recalls that a key objective of Bosnia and Herzegovina’s membership in the Council of Europe is to promote domestic ownership and responsibility for reform. It also recalls its Resolution 1383 (2004) on honouring of obligations and commitments by Bosnia and Herzegovina in which it urged the authorities and the political forces in the country to engage in a constructive dialogue on the issue of constitutional reform.

4. Since the opening of Stabilisation and Association Agreement negotiations with the European Union just before the 10th anniversary of the Dayton Peace Agreements in November 2005, it has become even more imperative to take measures to address the generally recognised need to strengthen state institutions that are currently too weak to allow for Bosnia and Herzegovina’s further integration into Europe.

5. Different options for a comprehensive constitutional reform have already been submitted by the European Commission for Democracy through Law (Venice Commission), upon request by the Parliamentary Assembly, in March 2005. Consultations between the leaders of the main political parties in Bosnia and Herzegovina, facilitated by the United States and with the constant advice of the Venice Commission, resulted in a political agreement on constitutional reform which was finally reached on 18 March 2006 by six political parties and forwarded to parliament.

6. The reform package provided, inter alia, for an increase in the number of members of parliament in the state-level House of Representatives (from 42 to 87, with 3 seats reserved for the first time for members of non-constituent peoples, the so-called “Others”). The upper house, the House of Peoples, would have 21 instead of 15 members and only the competence to decide on the veto regarding vital national interests that can be invoked by any of the three constituent peoples. The reform also foresaw the indirect election of a state-level president and 2 vice-presidents, whose powers would be reduced, with a rotation of the 3 members every 16 months instead of 8 as at present, the creation of 2 additional ministries at state level, and a reinforcement of the competences of the Council of Ministers.

7. Although some may have considered these constitutional amendments as being neither comprehensive nor particularly far-reaching, the Assembly considers that they nevertheless represented a first attempt by the citizens of Bosnia and Herzegovina and their representatives to take their future in their own hands, and it should be welcomed as such.

8. The Assembly therefore strongly regrets that on 26 April 2006, the Parliament of Bosnia and Herzegovina failed, by just two votes, to reach the required two-thirds majority in the House of Representatives in order for the constitutional amendments to pass.

9. The Assembly also notes that the failed amendments should have entered into force by 1 May, five months before the next general election scheduled for 1 October 2006. It is now clear that the new government will be formed, and quite possibly function for its entire four-year mandate, according to the current constitution, which was part of the 1995 Dayton Peace Agreements.

10. This means that the forthcoming elections will be held in violation of Council of Europe commitments, in particular Protocol No. 12 to the European Convention on Human Rights on the prohibition of discrimination (ETS No. 177), because again only Serbs, Bosniacs and Croats will be able to stand as candidates for election as members of the presidency and for the indirect elections of delegates to the House of Peoples, to the exclusion of the so-called “Others”, that is, everybody not identifying themselves with one of the three constituent peoples.

11. The Assembly also regrets that the failure of this first attempt at constitutional reform and the outcome of the referendum in Montenegro on 21 May 2006 are being grossly misused by some of the domestic political forces in the current electoral campaign: nationalism, ethnic hatred and distrust are again high on the political agenda. This is all the more regrettable since Bosnia and Herzegovina continues to face a dire economic situation and high unemployment, adversely affecting social cohesion and interethnic relations, as well as the sustainable return of internally displaced persons (IDPs).

12. The Assembly in particular condemns the recent statements by the authorities in Republika Srpska according to which, just like Montenegrins, Serbs in Bosnia and Herzegovina should be entitled to self-determination: a secession referendum in Republika Srpska has no constitutional basis and the collection of already 50 000 signatures asking for such a referendum has no legal basis.

13. It also condemns the refusal of the Serb representatives to participate in any meaningful way in the work of the Steering Board of the Police Reform Directorate charged with the implementation of the October 2005 political agreement on reform in this field and the recent decision (24 May) of Serbian parliamentarians to boycott the work of the House of Representatives which prevents the adoption of much needed laws, such as the state-level law on higher education, one of the unfulfilled commitments to the Council of Europe.

14. The Assembly considers that, before the responsibilities for running the state are completely transferred to the domestic authorities, hopefully by June 2007, the country’s political forces must absolutely find an alternative to the perpetual confrontation and obstructionism which have so far dominated Bosnian politics.

15. The Assembly strongly believes that the only realistic way out of Bosnia and Herzegovina’s current constitutional impasse is for the three constituent peoples and their representatives to leave behind their war-time thinking. Serbs, Bosniacs and Croats must show readiness for an open dialogue on all contentious issues: this remains a precondition for finding innovative and comprehensive solutions for a future constitutional reform.

16. All citizens of Bosnia and Herzegovina who also hold the citizenship of neighbouring states must realise that they cannot only claim rights but that they also have duties towards the state of Bosnia and Herzegovina. And civic-minded citizens of Bosnia and Herzegovina need to abandon their disillusionment with the political process and fully engage with it instead.

17. Although it would probably not be realistic to expect that Bosnia and Herzegovina move quickly from a system based on ethnic representation to a system based on representation of citizens, drafting a completely new constitution would certainly in the long run be preferable to trying to improve the Dayton version.

18. As a first step the Assembly expects people and politicians in Bosnia and Herzegovina to again discuss constitutional reform immediately after the October general elections, and if they decide to do this on the basis of the proposals agreed upon so far, to eliminate at least the entity voting in the House of Representatives and to define more precisely the vital national interests and the related veto mechanism. In this respect, the Assembly urges the House of Representatives to take into account all the different recommendations made by the Venice Commission in its provisional opinion dated 7 April 2006, both on the text of the failed amendments and on the steps to be taken in the next phase of constitutional reform.

19. The Assembly expects the political leaders who will emerge from the next elections to go finally beyond sectarian political divides and to put the interests of citizens first. It will not be possible to continue simply creating further layers of bureaucracy at the state level in addition to the multiple bureaucracies at the lower level; in particular the situation in the Federation of Bosnia and Herzegovina with its 10 cantons will have to be addressed as soon as possible.

20. As a second step the Assembly therefore urges the authorities of Bosnia and Herzegovina, by October 2010 at the latest, to draft and adopt a new constitution in order to:

20.1. replace the mechanisms of ethnic representation by representation based on the civic principle, notably by ending the constitutional discrimination against “Others”;

20.2. find efficient and rational decision-making procedures that are not sacrificed to the principle of involving representatives of each constituent people in any decision;

20.3. review the territorial organisation of the state and its division into entities, cantons and municipalities and the repartition of competences between the state and the lower levels with a view to increasing efficiency and sustainability;

20.4. examine how to integrate the Brčko District.

21. The Assembly also urges the authorities of Bosnia and Herzegovina to adopt and/or implement, as soon as possible, the laws at state and entity level that are necessary in order to fulfil the remaining Council of Europe commitments, notably:

21.1. the laws on higher education that should include accreditation and financing at state level;

21.2. the state-level law on primary and secondary education with a view to ending ethnic segregation in schools;

21.3. the by-laws on a sustainable public broadcasting service;

21.4. the police reform, in accordance with the three principles set by the EU Commission;

21.5. the local government reforms, notably in the federation, and the reunification of Mostar;

21.6. the laws needed for an effective protection of the rights of all minorities;

21.7. the creation of a state-level supreme court to enhance the reform of the judiciary.

22. The Assembly further reminds the authorities of Bosnia and Herzegovina that the revised European Social Charter (ETS No. 163), the European Charter for Regional or Minority Languages (ETS No. 148) and the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No. 106) remain to be ratified and that the exercise aimed at checking compatibility of all legislation with the provisions of the European Convention on Human Rights (ETS No. 5) should be finalised without further delay.

23. The Assembly also recalls that co-operation with the International Criminal Tribunal for the former Yugoslavia and the arrest of MM. Karadžić and Mladić are prerequisites for any future democratic development in the country. The organisation of a population census at the latest by 2010 and the setting up of a truth and reconciliation commission should also be included on the agenda of the next government.
1. Assembly debate on 29 June 2006 (21st Sitting) (see Doc. 10982, report of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee), co-rapporteurs : Mr Çavuşoğlu and Mr Sasi).
Text adopted by the Assembly on 29 June 2006 (21st Sitting).



http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta06/ERes1513.htm


do you think we can learn something from bosnians experience ?

[Chapfallen]

Quote: do you think we can learn something from bosnians experience ?

Yes for start we must at least accept what the Orthodox Christians lunatics are not better from the Muslims.

Quote:
whereas bosnian serbs are stuck on partitionists aims, or at best continuation of the current situation


I was talking with a Bosnian guy in one other forum and he is even more enraged with religions bullshits than me (if this is possible because my hatred is unique).

[cypezokyli]

Chapfallen wrote: Quote: do you think we can learn something from bosnians experience ?

Yes for start we must at least accept what the Orthodox Christians lunatics are not better from the Muslims.

.

well thats for sure.

but i was mostly reffering to the decision of the council of europe concerning the sepearation of powers between central state and its entities with regarding the functioning of the country as a whole :wink:

....it would be interesting to know what cyprus and turkey voted on the above rsolution :?