VI. Dayton Peace Agreement
Article I.7 of Annex 4 to the Dayton Peace Agreement (³Constitution²) states: ³There shall be a citizenship of Bosnia and Herzegovina, to be regulated by the Parliamentary Assembly, and a citizenship of each Entity, to be regulated by each Entity, provided that ... [a]ll citizens of either Entity are thereby citizens of Bosnia and Herzegovina.²
The Constitution states that "no person shall be deprived of Bosnia and Herzegovina or Entity citizenship arbitrarily or so as to leave him/her stateless." It goes on to say that no person shall be deprived of citizenship on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Like the Law itself, the Peace Agreement relates directly to the issue of the dissolution of Yugoslavia. "All persons who were citizens of the Republic of Bosnia and Herzegovina immediately prior to the entry into force of th[e] Constitution are citizens of Bosnia and Herzegovina." It also addresses the issue of naturalization of individuals after the beginning of the war: "The citizenship of persons who were naturalized after April 6, 1992, and before the entry into force of th[e] Constitution will be regulated by the Parliamentary Assembly." This provides for possible revision of citizenship status that has been acquired. Revision enables a new decision in cases that were legally decided according to the laws which were in force previously. Since such an approach could be contrary to the principles of legal security and vested rights, application of this provision should be closely monitored.
Unlike the Law, which allows dual citizenship unconditionally, Article I.7.d of Annex 4 makes dual citizenship conditional on a bilateral agreement governing this matter between Bosnia and Herzegovina and that state. The bilateral agreement must be approved by the Parliamentary Assembly, in accordance with Article IV.4.d of Annex 4.
A person with dual citizenship may vote in Bosnia and Herzegovina and the Entities only if Bosnia and Herzegovina is his/her country of residence. The Agreement does not address issues pertaining to other rights and duties. In particular, it does not address the issue of conscription to military service of persons who hold dual citizenship. However, in Annex 7, the Agreement provides that: ³[t]he Parties shall give positive consideration to requests for exemption from military or other obligatory service based on individual circumstances.²
Furthermore, "[e]ach Entity may issue passports of Bosnia and Herzegovina to its citizens as regulated by the Parliamentary Assembly." Bosnia and Herzegovina may issue passports to citizens not issued a passport by an Entity. All passports issued shall be registered at a central register.
With respect to citizenship, the Constitutional Court may be called upon to uphold the Constitution. This might happen in the case of a dispute between the Entities or between Bosnia and Herzegovina and an Entity or Entities, or between institutions of Bosnia and Herzegovina, particularly in deciding whether a provision of an Entity's constitution or law is consistent with the Constitution.
The Court will have appellate jurisdiction over issues under this Constitution arising out of a judgment of any other court in Bosnia and Herzegovina, which may include citizenship cases. It will also "have jurisdiction over issues referred by any court in Bosnia and Herzegovina concerning whether a law, on whose validity its decision depends, is compatible with this Constitution, with the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, or with the laws of Bosnia and Herzegovina; or concerning the existence of or the scope of a general rule of public international law pertinent to the court's decision."
In addition to these provisions, Annex I to the Constitution lists additional human rights agreements to be applied in Bosnia and Herzegovina. Some of them relate to the issue of citizenship, including: the 1951 Convention relating to the Status of Refugees and the 1966 Protocol thereto; the 1957 Convention on the Nationality of Married Women; the 1961 Convention on the Reduction of Statelessness; the 1966 International Covenant on Civil and Political Rights and the 1966 and 1989 Optional Protocols thereto; and the 1989 Convention on the Rights of the Child.
Annex II of the Constitution establishes guidelines for the resolution of problems which might arise in the transitional period. These include the establishment of a Joint Interim Commission, to discuss practical questions related to the implementation of the Constitution and the Dayton Peace Agreement, and to give recommendations. The Commission is to adopt the general rule that provides for the continuation of laws in Bosnia and Herzegovina, citizenship laws included: ³All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina.²
