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Post-Communist Transition to Democracy and Problems in the Balkans: Case of Bosnia- Herzegovinia
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which secures representation of those parts of the society in the common institutions 4) Finally there is a veto right
to protect the vital interests provided this social seg ments in the process of decision-making (Ljpard, 1991:494).
This approach believes that democracy transforms cleavages among social segments into constituent elements of
democracy by recognizing instead of eliminating or weakening them. Social segments are institutionalized as sep-
arate power structures and so transformed into main constituent elements of the political unit (Ljpard, 1991:42).
In other words, consociational democracy aitms at providing stability by the way of sharing power on the one
hand, but it also means the recognition of solid borders among the groups in divided societies.
Thus, consociational democracy model practiced in order to provide stability in BiH according to DAP estab-
lished a administrative and political structure that protected existing solid social cleavages. This structure has
became apparent in the definition of citizenship in BiH Constitutiton, in administrative and political territorial
arrangements (entities and cantons) and in the composition and functioning of state institutions.
1.1 Ethnizitation in Constitutional Order; Definition of Citizenship in the Constitution of Bosnia and
Herzegovina
The way how social segments are conceptualized by consitutions in divided societies has a critical significance
since it also indicates the pattern of collective identity and nation-building (Grewe and Reigner, 2011: 1-64). Con-
stitution of BiH neither includes a definition of a single nation-state nor mentions about protection of minorities.
The constitution defines three fighting ethnic groups (Bosniacs, Croats and Serbs) as constituent peoples and
citizens
.
The constitution defines citizenship in two different levels. One is common citizenship of BiH State. Sec-
ondly, two citizenships of two entities (Federation of Bosnia-Herzegovinia and Republika Sırpska) which consti-
tutes BiH State are mentioned. The constitution assigns the right to the entities to design their citizenships in their
own constitutions. Making use of this right the constitution of Federation of Bosnia-Herzegovinia define Bosniacs
and Serbs as constituent citizens while constitution of Republika Sırpska defines Republika Sırpska as the state of
the Serb people and all citizens.
1
That the ethnic groups (as constituent elements) is primarily emphasized while
citizenship is the subordinated to ethnicity in the definitions of both BiH common citizenship and entity citizen-
ship clearly expresses that the citizenship is perceived as the one derived from ethnic-religious root rather than
the individual itself. Such an expression both reflects and maintains the existing ethnic-religious fragmentation in
the society. Similarly, predominance of collective rights over individual rights have eroded human rights and also
consolidated ethnic-based political government (Grewe and Reigner, 1991:17-18).
On the other hand, institutional and territorial organization of the state in the axis of those three constituent peo-
ple have contributed to the political life to be ethnicized in both local and central level. Another significant point
is that the groups who are not defined as one of constituent peoples have not have the chance to be represented in
the decision-making process of the state.
1.2 Ethnizitation of Politics at the Local Level
;
Local Power Centers
The consociational model had a sound basis on the territorial organization corresponding to ethnic distribution
of Serb, Croat and Bosniac population. Accordingly, BiH has been defined as a sovereign state composed of two
highly autonomous entities. One of them is Republika Sırpska with Serb majority and the other is the Federation
of Bosnia-Herzegovinia with Bosniac and Croat majority. On the other hand, the Federation of Bosnia-Herzego-
vinia is divided into ten cantons which roughly corresponds to the distribution of Bosniac and Croat populations
in the Federation
2
. In this way, several local political powers in the levels of entities and cantons with their own
legislative, executive and judicial organs have emerged. Such an administrative and political division (separation)
based upon territory has entailed two considerable disadvantages for the consolidation of a multi-ethnic united
democracy in BiH. On the other hand, each constituent unit of the country can manage relations with the outside
World. This was also very much distant to the idea of creating a single country.
1 General Framework Agreement for Peace in Bosnia and Herzegovina, 14 December 1995, Annex 4, Constitution of BiH, Preamble, http://
www.ohr.int/dpa/default.asp?content id=379
2 General Framework Agreement, Annex, 4, Constitution of BiH, article 1,3