Former Justice of Bosnia-Herzegovina Constitutional Court Joseph Marko talking about the state philosophy of Bosnia-Herzegovina. Photo by Humas MK/Ifa.

TANGERANG, Public Relations of the Constitutional Court—Following the peace agreement post-genocide, Bosnia needed to determine the country\\'s philosophy. Guided by the Dayton Agreement, the new Bosnian government, consisting of three ethnicities—Bosnian, Serbian, and Croatian—must form joint state institutions and fight to restore its people, almost 50% of which had been scattered around as refugees. This was conveyed by Former Judge of the Bosnia-Herzegovina Constitutional Court Joseph Marko at the 1st International Expert Meeting 2019 on Saturday (21/9/2019) in Serpong, Tangerang.

At the meeting, Marko said that in 1996 his country formed a judicial institution involving several major countries in Europe. Finally, judges were elected with a participatory division of power. After the peace from war, the Bosnia-Herzegovina Constitutional Court had to face a big problem because 75% of the population was unemployed. In a state formed of several federated regions, the Bosnia-Herzegovina Constitutional Court also consists of domestic judges from the three ethnicities and international judges. Related to the authority of the institution, the Bosnia-Herzegovina Constitutional Court has the right to hold judicial proceedings to handle civil and criminal cases at the final level.

"So, in our Constitutional Court, people can petition laws and issues related to human rights," explained Marko, next to facilitator Imogen Canavan from the Max Planck Foundation, Germany.

Conflicts of Interpretation

Through the presentation entitled "The Role of the Judiciary to Promote Social Justice in a Society in Transition: the Experience of Bosnia-Herzegovina," Marco explained his experience in reconstructing various classical legal rules that serve as guidelines for Bosnia-Herzegovina in carrying out the rule of law and constitution. Marko admitted that until today Bosnia-Herzegovina still rely on foreign assistance, such as for judges, ethnic discrimination prevention, etc.

Even while serving as a judge, Marko had several conflicts in interpreting various laws and regulations made by the legislature. According to him, this happened because of ongoing discrimination on the ground of ethnicity among the judges in the institution.

In the two-day event taking place on Friday-Saturday (20–21/9/2019), present as speakers are  Former Chief Justice of the Constitutional Court 2013–2015 Hamdan Zoelva and speakers from other countries, including Former Chief Justice of the Australian High Court Robert French, University of Johannesburg professor of South Africa Hennie Strydom, Justice of the Supreme Court of India Indu Maholtra, Former Justice of Bosnia-Herzegovina Constitutional Court Joseph Marko, Kathmandu University professor as well as Constitutional Law Counsel for the President of Nepal Surya Dhungel.

Translated by: Yuniar Widiastuti