Introduction

Article II.8 represents a novelty in constitutional dealings with human rights, aiming at the full implementation of human rights at the domestic level by compelling “all competent authorities” to cooperate with international human rights bodies. “All competent authorities” refers to all authorities, including those that were not established at the time of the entering into force of the Dayton Agreement, particularly the State level institutions only established in the aftermath of the Dayton Agreement. The provision equally addresses the judiciary, the executive and the legislative branches at all governmental levels, including the Brčko District. Article II.8 has offered enormous potential to the international community in the aftermath of the Dayton Agreement, without which the human rights section of the Constitution could be criticised as a mere catalogue of internationally recognised human rights and fundamental freedoms. This “human rights access clause” provided an opportunity for all authorities involved to take human rights seriously and to (further) strengthen the impressive achievement of the incorporation of the human rights standards in the Constitution.²⁴⁹²