Dayton 1st draft Bosnia Constitution + analysis

Robert M Hayden

This is an analysis of the draft of a constitution for Bosnia-Herzegovina that was prepared by the Americans for the Dayton conference and given to the participants when they arrived, on Nov 1 1995. The draft was leaked to the press and I received it from a couple of sources, and prepared this analysis on Nov 8, as the negotiations were taking place. The draft constitution proposal itself is appended to this analysis after p. 10. I am not aware that this draft is available elsewhere. The markings on the draft are not mine but were on the draft leaked to me. Readers of my analysis should keep in mind that I was writing about the draft on short notice. At some points my crystal ball was murky, at others pretty clear. In any event, those interested in the constitutional history of Bosnia may find this draft to be interesting. It envisioned a one-chamber Parliamentary Assembly with quorum and decision-making rules under which legislation could be passed and the Constitution amended without participation from the Republika Srpska members, among other features of note. This draft constitution departed radically from the agreements that had led to the Dayton negotiations, and as at least a starting point for negotiations there.

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