of Discrimination Against Women, the 1989 Convention onrnthe Rights of the Child, and the 1990 International Conventionrnon the Protection of All Migrant Workers and Members ofrnTheir Families. Article I proclaims that Bosnia and Herzegovinarn”shall remain a Member State of the United Nations.”rnNational sovereignty is surrendered in Article II, where it isrndeclared that “The rights and freedoms set forth in the EuropeanrnConvention for the Protection of Human Rights and FundamentalrnFreedoms and its Protocols shall apply directly inrnBosnia and Herzegovina. These shall have priority over all otherrnlaw.” Article III reiterates this theme by stating that “therngeneral principles of international law shall be an integral partrnof the law of Bosnia and Herzegovina and the Entities.”rnArticle II also contains an “Enumeration of Rights,” whichrnincludes the usual safeguards for free expression, religion, property,rnmovement, association, and fair trials; and against slavery,rntorture, and inhumane punishment. However, it also guaranteesrna right to “education,” “to marry and found a family,” andrnto “private and family life, home and correspondence.” ArticlernX prohibits any amendment of Article II.rnThere is a bicameral Parliamentary Assembly. The House ofrnPeople has 15 members and the House of Representatives hasrn42. Each house is divided into three equal shares based on ethnicity.rnMuslim and Croat members will come from the Federation,rnSerbs from the Republika Srpska. Delegates to thernHouse of People are selected by the Entity parliaments as U.S.rnSenators were once selected by state legislatures. Members ofrnthe House of Representatives are elected by popular vote byrnethnic constituencies. The chair of each house will rotaternamong leaders of the three ethnic groups.rnDecisions in both houses will be made by majority vote, asrnlong as the dissenting votes do not include two-thirds or morernof the members from any one of the ethnic groups. Thus thernmembers from the Muslim-Croat Federation, who will holdrntwo-thirds of the seats, cannot impose their will unless theyrngain the votes of at least one-third of the Serbian members.rnThe same would hold true for any other alliance. Also, a majorityrnof any ethnic delegation can declare a decision “destructivernto the vital interest” of its group. This triggers the creationrnof a Joint Commission to negotiate a compromise. If negotiationsrnfail after five days, the issue is referred to the ConstitutionalrnCourt.rnThe tripartite presidency works in a similar fashion. Thernpresidency “shall endeavor to adopt all Presidency Decisions byrnconsensus.” If consensus proves impossible, decisions can bernmade by any two of the three leaders. However, the dissentingrnmember of the presidency can then declare the decision “destructivernof a vital interest” of his Entity, and if a two-thirds voternof his home Entity’s parliament confirms his objection, thernpresidency decision cannot take effect.rnThese elaborate procedures to protect each ethnic grouprnfrom the others gives grim testimony to the complete lack ofrntrust among the factions and absence of any common nationalrnfeelings on which to base a “single state” version of Bosnia. Thernresulting gridlock will work to the advantage of the intentionalrnorganizations and foreign officials who will end up runningrnBosnia on a day-to-day basis.rnThe Constitutional Court, to which disputes in the Parliamentrnare to be referred, is a perfect example of Bosnia’s loss ofrnsovereignty. The court will have nine justices, limited to onernfive-year term. Two judges will come from each ethnic grouprn(chosen by the Entity parliaments) and the other three will bernappointed by the president of the European Court of HumanrnRights. These last three, who will hold the balance of powerrnand can form a majority with any one of the three Bosnian ethnicrngroups, cannot be citizens of Bosnia or any of the surroundingrncountries. Thus, Bosnia’s highest court, which will alsornhear appeals from the domestic legal system and interpret allrnconstitutional issues, will be dominated by foreign judges. Atrnthe end of five years, the Parliament can pass a law to changernhow the three seats initially held by foreign judges will be filledrnin the future. If, however, such a law became a victim of gridlock,rnthe foreign domination would continue.rnConstitutional issues can be sent to the ConstitutionalrnCourt by a Member of the Presidency, by the Chair of thernCouncil of Ministers, by the Chair or Deputy Chair of eitherrnchamber of the Parliament, by one-fourth of the members ofrneither chamber of the Parliament, or by one-fourth of thernmembers of either Entity parliament. Among the issues specifiedrnfor judicial review is any decision by either Entity to “establishrna special parallel relationship with a neighboring state.”rnThat is, for the Bosnian Serbs and Croats to move toward unionrnwith Serbia or Croatia. The outcome of such a review wouldrnhinge not only on internal politics but on the diplomatic considerationsrnof the European judges.rnA Central Bank is also established by the Constitution, its responsibilitiesrnto be set by the Parliament. However, for the firstrnsix years, the governor of the bank will be an appointee of thernInternational Monetary Fund who cannot be a citizen ofrnBosnia or any surrounding state. There will also be one memberrnon the Governing Board from each ethnic group. Duringrnthe first six years, the bank “may not extend credit by creatingrnmoney,” a prohibition that is consistent with the IMF’s propensityrnfor austerity policies.rnAnnex Six of the Dayton Accord establishes a Commissionrnon Human Rights and gives it a mandate to enforce thernrights listed under Article II of the Constitution, which are repeatedrnin the annex. This mandate is extremely broad, runningrnto the consideration of “alleged or apparent violations of humanrnrights as provided in the European Convention for thernProtection of Human Rights and Fundamental Freedoms andrnthe Protocols thereto” and “alleged or apparent discriminationrnon any ground such as sex, race, color, language, religion, politicalrnor other opinion, national or social origin, association withrna national minority, property, birth or other status arising in thernenjoyment of any of the rights and freedoms provided for in therninternational agreements listed in the Appendix.”rnThe Human Rights Commission has two organs. The Ombudsmanrnwill conduct investigations, issue reports and recommendations,rnand refer cases to the Human Rights Chamber forrnjudgment and remedies. For the first five years, the Ombudsmanrnand the Chamber will be dominated by foreigners. ThernOmbudsman will be appointed by the Chairman-in-Ofhce ofrnthe Organization for Security and Cooperation in Europe andrnmay not be a citizen of Bosnia or any surrounding state. ThernChamber will have 14 members: two from each Bosnian ethnicrngroup and the remaining eight by appointment by the Committeernof Ministers of the Council of Europe. This Europeanappointedrnmajority cannot be citizens of Bosnia or any surroundingrnstate. After the five-year transition period, thernOmbudsman and Chamber members will all be appointed byrnthe tripartite Presidency of Bosnia and Herzegovina.rnThe Human Rights Commission will have the powers of thernMAY 1996/13rnrnrn