A/HRC/25/49/Add.1
for the Protection of National Minorities, the European Charter for Regional and Minority
Languages and the Framework Convention on the Value of Cultural Heritage for Society.
B.
National framework
1.
Relevant constitutional provisions
28.
The Constitution of Bosnia and Herzegovina stresses that the State and the entities
are to ensure the highest level of internationally recognized human rights and fundamental
freedoms (art. II (1)). A higher status is granted to “civil and political rights”, as only the
rights and freedoms set forth in the European Convention for Human Rights and its
Protocols apply directly (art. II (2)). Article II (3) enumerates a number of human rights,
some of particular relevance in the field of culture, such as freedom of thought, conscience
and religion, freedom of expression, peaceful assembly and association with others, and the
right to education. Additionally, the enjoyment of other rights enshrined in other
international instruments, such as the International Covenant on Economic, Social and
Cultural Rights, is to be assured for all persons without discrimination (art. II (4)).
29.
The Constitution, in addressing the division of competencies between the State and
the two entities, does not mention the field of culture as being of special interest to the State
(art. III (1)). Since all governmental functions and powers not expressly assigned in the
Constitution to the institutions of Bosnia and Herzegovina are be those of the entities (art.
III (3)), it is assumed that the main responsibilities in the field of culture lie with the
entities. Hence, at the State level, there is no minister for culture; instead, a Minister for
Civil Affairs is mandated with a coordinating role in the field of culture.
30.
Which institution is responsible for financing the implementation of international
treaties as they relate to cultural rights is, however, unclear. The State is competent in the
area of “finances of the institutions and for the international obligations of Bosnia and
Herzegovina” (art. III (1)), while “each entity shall provide all necessary assistance to the
Government of Bosnia and Herzegovina in order to enable it to honour the international
obligations of Bosnia and Herzegovina” (art. III (2b)). It seems, therefore, that the State
does have important responsibilities in terms of ensuring cultural rights beyond mere
coordination.
31.
It has been contended that unclear constitutional provisions impede the practical
implementation of most conventions relating to culture in Bosnia and Herzegovina.
Moreover, because constitutional provisions are silent on the issue of cultural rights of
citizens in general, the cultural rights of national minorities seem to be more clearly defined
and protected than those of other citizens.9
32.
The constitutional provisions of entities must be taken into account. Article 4 of the
Constitution of the Federation authorizes the cantons to create and implement cultural
policies, introducing an additional layer of complexity to the decentralized governance of
cultural matters. Furthermore, amendment XXXVII to that Constitution stipulates that
education, religion, language, culture, traditions and cultural heritage constitute issues of
vital national interest. Some cantons have added similar provisions to their own
constitutions. Legislation on issues of vital national interest requires a two-thirds majority
9
8
Jadran Antolović, GAP analysis of the existing legislation related to culture at all levels of
government in Bosnia and Herzegovina, final report (by order of UNESCO), February 2012.