I. Executive Summary
Citizenship has become an important human rights issue in the aftermath of political transitions in Central and Eastern Europe, and of the dissolution of the Soviet Union, Czechoslovakia and Yugoslavia. This is essentially true in the former Yugoslavia, where citizens held dual citizenship: that of the federal state, and that of one of the six republics.
Regulation of citizenship could have a significant effect upon the repatriation of refugees under the Dayton Peace Agreement. It will determine issues such as status, travel and other documents, domicile, eligibility for real property ownership, eligibility for certain employment, and military and other duties. The significance of this question is recognized by the Dayton Agreement, which addresses the issue in Annex 4 (³Constitution²).
This paper analyses of citizenship law in Bosnia and Herzegovina. It examines provisions relating to citizenship with the goal of avoiding unnecessary statelessness and ensuring durable solutions for refugees and displaced persons.
Current citizenship questions must be viewed in light of the previous legal regime. Citizens of the former Yugoslavia held two citizenships: federal and republican, i.e., one of the six republics. Republican citizenship was more consequential in inter-republic relations than in the day-to-day dealings of ordinary people. All citizens were equal before the law notwithstanding their republican citizenship, domicile or location.
The paper examines the Law on Citizenship of the Republic of Bosnia and Herzegovina, which regulates conditions and procedure for acquisition and loss of citizenship. The Law recognizes citizenship for individuals who acquired it under the provisions of prior law. Additionally, persons who held citizenship of the former Yugoslavia, and who were domiciled in the territory of the Republic of Bosnia and Herzegovina on April 6, 1992, are considered citizens of Bosnia and Herzegovina. This provision confers citizenship by operation of law even on individuals who had no intention of becoming Bosnian citizens, or remaining in Bosnia, but who were forced to remain there due to the conflict. The paper also discusses acquisition of citizenship by origin, birth in the territory and naturalization. Citizens of the Republic of Bosnia and Herzegovina may hold citizenship of another country. Provisions on loss of citizenship and on procedure are also addressed.
The paper considers the provisions on citizenship found in the Constitution of the Federation of Bosnia and Herzegovina. According to the Constitution, the acquisition and loss of citizenship shall be regulated by Federation legislation, provided that no person shall be deprived of citizenship arbitrarily or in such a way so as to leave him/her stateless, and that all citizens shall be entitled to hold the citizenship of another state.
Another issue analyzed is Article I.7 of Annex 4 to the Dayton Peace Agreement. It states that citizenship of Bosnia and Herzegovina shall be regulated by the Parliamentary Assembly, with a citizenship of each Entity to be regulated by each Entity. Citizens of either Entity are automatically citizens of Bosnia and Herzegovina. Unlike the Law, which allows dual citizenship unconditionally, Article I.7.d makes dual citizenship conditional on a bilateral agreement between Bosnia and Herzegovina and the state in question.
The Forced Migration Projects believe states have a sovereign right to determine procedure and conditions for acquisition and termination of their citizenship. Nevertheless, the right to citizenship is a basic human right recognized by Article 15 of the Universal Declaration of Human Rights, and is also a basis for the exercise of many other rights. Therefore, certain minimum standards and due process should be observed. Furthermore, absent an extraordinary justification, persons who enjoy citizenship should not be rendered stateless by the dissolution of states.
