Constitution of the Federation of Bosnia and Herzegovina

Adopted onJune 24, 1994

(Excerpts)

II. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

A. GENERAL

Article 1

As the principles, rights and freedoms specified in Article II of the Constitution of Bosnia and Herzegovina are to be applied throughout the territory of Bosnia and Herzegovina, the following provisions govern the Federation.

Article 2

The Federation will ensure the application of the highest level of internationally recognized rights and freedoms provided in the documents listed in the Annex to the Constitution. In particular:

(1) All persons within the territory of the Federation shall enjoy the rights:

(a) To life;

(b) To liberty, with arrest and detention authorized only by law;

(d) To freedom from discrimination based on race, color, sex, language, religion or creed, political or other opinions, and national or social origin;

(e) To fair criminal proceedings;

(f) To freedom from torture and cruel or inhuman treatment or punishment;

(g) To privacy;

(h) To freedom of movement;

(i) To asylum;

(j) To protection of the family and of children;

(k) To property;

(l) To fundamental freedoms: free speech and press; freedom of thought, conscience, and belief; freedom of religion, including private and public worship; freedom of assembly; freedom of association, including to form and belong to and labor unions and the freedom not to associate; and freedom to work;

(m) To education;

(n) To social protection;

(o) To health;

(p) To nutrition;

(q) To shelter; and

(r) To protection of minorities and vulnerable groups.

(2) All citizens shall enjoy the rights:

(a) To form and belong to political parties; and

(b) To political rights: to participate in public affairs; to have equal access to public service; to vote and stand for election.

Article 6

All courts, administrative agencies and other governmental organs of the Federation shall apply and conform to the rights and freedoms provided in the instruments listed in the Annex. A Court of Human Rights shall be established in accordance with Article IV.C.16.

Article 7

All competent authorities in the Federation shall cooperate with any international human rights monitoring mechanisms established for Bosnia and Herzegovina and with the supervisory bodies established by any of the instruments listed in the Annex.

B. Initial Appointment and Functions of the Ombudsmen

1. General Provisions

Article 1

(1) There shall be three Ombudsmen, oneBosniac, one Croat, and one Other, who shall be appointed by the Federation Legislature in accordance with legislation it shall adopt no sooner than three years after the entry into force of this Constitution.

(2) Each of the Ombudsmen shall, with the approval of the President, appoint one or more Deputies. They shall in particular seek to appoint Deputies in Municipalities with populations that do not reflect the composition of the Canton as a whole. The competent authorities shall facilitate such efforts.

(3) The terms of service of the Ombudsmen and their Deputies shall be the same respectively as those of the President and of the judges of the Supreme Court.

(4) Each Ombudsman shall also appoint additional staff within the framework of the budget approved therefore by the Cabinet of the Federation or initially by the Prime Minister.

Article 2

(1) The Ombudsmen are to protect human dignity, rights, and liberties as provided in the Constitution, in the instruments listed in the Annex thereto, and in the constitutions of the Cantons. In particular, they shall act to reverse the consequences of the violations of these rights and liberties and especially of ethnic cleansing.

(2) In carrying out their functions, the Ombudsmen must be guided by law and by the principles of morality and justice.

Article 3

Each Ombudsman shall exercise his functions individually, except as otherwise provided herein. Two or more Ombudsmen may cooperate in carrying out any of their functions.

Article 4

The Ombudsmen are independent in carrying out their functions, and no person or governmental organ may interfere with such functions.

2. The Competence and the Powers of the Ombudsmen

Article 5

The Ombudsmen may examine the activities of any institution of the Federation, Canton, or Municipality, as well as of any institution or person by whom human dignity, rights, or liberties may be negated, including by accomplishing ethnic cleansing or preserving its effects.

Article 6

(1) An Ombudsman is entitled to initiate proceedings in competent courts and to intervene in pending proceedings, including any in the Human Rights Court.

(2) As provided for in Article IV.C.8, an Ombudsman is entitled to receive the assistance of the Judicial Police.

Article 7

(1) In carrying out his functions an Ombudsman may examine all official documents, including secret ones, as well as judicial and administrative files and require any person (including any official) to cooperate, in particular by providing relevant information, documents, and files. Ombudsmen may also attend court and administrative hearings, as well as meetings of other organs, and may enter and inspect any place where persons deprived of their liberty are confined or work.

(2) The Ombudsmen, their Deputies, and any person who carries out inquiries pursuant to paragraph (1) are required to maintain the confidentiality of information obtained and shall in particular treat all documents and files in accordance with applicable rules, except as provided in Article 8.

3. Reports of the Ombudsmen

Article 8

(1) Each Ombudsman shall present an annual report to the Prime Minister and the Deputy Prime Minister of the Federation, to each Cantonal President, and to the CSCE.

(2) An Ombudsman may also present at any time special reports to any competent Federation, Cantonal, Municipal, or international authorities. Domestic institutions shall have an obligation to reply within a time limit specified by the Ombudsman.

(3) In the reports referred to in paragraphs (1) and (2), an Ombudsman may include any material described in Article 5 and shall make arrangements to protect information requiring confidentiality.

4. Regulations of the Ombudsmen

Article 9

Each Ombudsman shall draw up, or the Ombudsmen may collectively draw up, Regulations that specify their organization and the method of exercising their functions. The Regulations shall be promulgated in the Official Journal of the Federation. The Federation Legislature may change these Regulations by law.

5. The Human Rights Court

Article 19

The competence of the Human Rights Court shall extend to any question concerning a constitutional or other legal provision relating to human rights or fundamental freedoms or to any of the instruments listed in the Annex. The Court shall have jurisdiction over cases commenced after 1 January 1991.