Annex I to the BiH Constitution

Additional Human Rights Agreements To Be Applied in Bosnia and Herzegovina

1. 1948 Convention on the Prevention and Punishment of the Crime of Genocide

2. 1949 Geneva Conventions I-IV on the Protection of the Victims of War, and the 1977 Geneva Protocols I-II thereto

3. 1951 Convention relating to the Status of Refugees and the 1966 Protocol thereto

4. 1957 Convention on the Nationality of Married Women

5. 1961 Convention on the Reduction of Statelessness

6. 1965 International Convention on the Elimination of All Forms of Racial Discrimination

7. 1966 International Covenant on Civil and Political Rights and the 1966 and 1989 Optional Protocols thereto

8. 1966 Covenant on Economic, Social and Cultural Rights

9. 1979 Convention on the Elimination of All Forms of Discrimination against Women

10. 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

11. 1987 European Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

12. 1989 Convention on the Rights of the Child

13. 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

14. 1992 European Charter for Regional or Minority Languages

15. 1994 Framework Convention for the Protection of National Minorities

Annex I to the BiH Constitution incorporates a list of 15 international agreements on the protection of human rights and freedoms and international humanitarian law. These agreements apply directly in Bosnia and Herzegovina and represent substantive constitutional law. On the one hand, this clearly follows from the name itself of Annex I, which indicates that it concerns “additional” agreements on human rights which “apply” in Bosnia and Herzegovina. Furthermore, Article II.4 of the BiH Constitution provides that the enjoyment of rights and freedoms shall be secured to all persons in Bosnia and Herzegovina without discrimination on any ground regardless of whether, as provided for by Article II.7, the State is a member party or it is to become a member party to an international agreement listed in Annex I to the BiH Constitution. Finally, the constitutional obligation under Article II.4 of the BiH Constitution in conjunction with Annex II to the BiH Constitution to apply these Agreements refers to the fact that they have constitutional ranking.³⁹³⁴