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.

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