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Consociationalism In Bosnia-Herzegovina: How To Build An Illiberal State

Constitutions
Democracy
Ethnic Conflict
Human Rights
Roberto Belloni
Università degli Studi di Trento
Roberto Belloni
Università degli Studi di Trento
Aleksandra Zdeb
Queen's University Belfast

Abstract

While the literature on power-sharing distinguishes between corporate and liberal consociationalism, this paper explores the theoretical and empirical features of “illiberal consociationalism.” This third type is an institutional system characterized by the prevalence of illiberal norms and practices challenging individual human rights and which emerges in the process of implementation of a peace agreement. As demonstrated by the implementation of consociational provisions during the peace process in Bosnia-Herzegovina, the institutional structure established by the Dayton Peace Agreement in late 1995 increasingly resulted in the growth of human rights concerns, in particular with reference to the rights of individuals who do not belong to the three “constituent peoples” – Bosniaks, Croats, and Serbs - whose rights are constitutionally guaranteed. This paper begins with an analysis of the links between consociationalism, liberal multiculturalism and human rights and then identifies the critical junctures which contributed to institutionalize an illiberal consociational democracy in Bosnia-Herzegovina.