TWOFOLD RESPONSIBILITY OF THE STATE OF BOSNIA AND HERZEGOVINA IN TERMS OF THE PROTECTION OF HUMAN RIGHTS

Abstract

The State of Bosnia and Herzegovina signed the General Framework Agreement for Peace in BH in 1995. By signing the Agreement (known as the Dayton Agreement) and the Annex 4 – a part thereof – the Constitution of Bosnia and Herzegovina, the State obliged itself that the fundamental human rights and freedoms set forth by the European Convention on Human Rights would be directly applicated as well as have supremacy over other law. Seven years later ( 2002) the state of BH was accessed into the Council of Europe which meant its obliging itself for the second time that it will respect the European Convention on Human Rights thus proving to be democratic state of the rule of law, and accordingly one that ensures effective protection of human rights and freedoms. Instead of acting in accordance with its Constitution, applying the aforementioned Convention (ractified by the BH Parlliament), in the way prescribed by the General Framework Agreement and European Council Statute and benefiting thus from the advantages to be enjoyed as the member of the European Council, it did quite contrary. Therefore, the first question to pose here is on the extent to which the State of BH acted with aim to respect its twofold responsibility to protect basic human rights and freedoms? Also, it is naturally doubted whether BH is truly a democratic state of rule of law and whether it used its memeber state advantages in CE positioning itself as a partner with credibility to the European Union and the NATO? It is concluded in this work that the state of BH has not fulfilled its responsibility to protect human rights and freedoms, that it is not democratic state of rule of law as it should be by its constitution. It is being particularly emphasized that BH has not used the advantages obtained through its accession in the Council of Europe. A possible solution of this situation is seen by the author of this article to lie in a prompt and immediate fulfilling of the reponsibilities by the BH State through the means of imposing urgent constitutional changes prescribed both by the General Framework Agreement and Council of Europe Statute. In this sense the state of BH would, as a modern democratic state of rule of law, strenghten its institutions and, by doing this, it would protect fundamental human rights and freedoms.