Citizenship Law in Bosnia and Herzegovina

I. Executive Summary

Citizenship has become an important human rights issue in the aftermath of political transitions in Central and Eastern Europe, and of the dissolution of the Soviet Union, Czechoslovakia and Yugoslavia.

This is essentially true in the former Yugoslavia, where citizens held dual citizenship: that of the federal state, and that of one of the six republics.Regulation of citizenship could have a significant effect upon the repatriation of refugees under the Dayton Peace Agreement. It will determine issues such as status, travel and other documents, domicile, eligibility for real property ownership, eligibility for certain employment, and military and other duties. The significance of this question is recognized by the Dayton Agreement, which addresses the issue in Annex 4 (" Constitution ").This paper analyses of citizenship law in Bosnia and Herzegovina. It examines provisions relating to citizenship with the goal of avoiding unnecessary statelessness and ensuring durable solutions for refugees and displaced persons.Current citizenship questions must be viewed in light of the previous legal regime. Citizens of the former Yugoslavia held two citizenships: federal and republican, i.e., one of the six republics. Republican citizenship was more consequential in inter-republic relations than in the day-to-day dealings of ordinary people. All citizens were equal before the law notwithstanding their republican citizenship, domicile or location.The paper examines the Law on Citizenship of the Republic of Bosnia and Herzegovina, which regulates conditions and procedure for acquisition and loss of citizenship.

The Law recognizes citizenship for individuals who acquired it under the provisions of prior law. Additionally, persons who held citizenship of the former Yugoslavia, and who were domiciled in the territory of the Republic of Bosnia and Herzegovina on April 6, 1992, are considered citizens of Bosnia and Herzegovina. This provision confers citizenship by operation of law even on individuals who had no intention of becoming Bosnian citizens, or remaining in Bosnia, but who were forced to remain there due to the conflict. The paper also discusses acquisition of citizenship by origin, birth in the territory and naturalization. Citizens of the Republic of Bosnia and Herzegovina may hold citizenship of another country. Provisions on loss of citizenship and on procedure are also addressed.The paper considers the provisions on citizenship found in the Constitution of the Federation of Bosnia and Herzegovina.

According to the Constitution, the acquisition and loss of citizenship shall be regulated by Federation legislation, provided that no person shall be deprived of citizenship arbitrarily or in such a way so as to leave him/her stateless, and that all citizens shall be entitled to hold the citizenship of another state.Another issue analyzed is Article I.7 of Annex 4 to the Dayton Peace Agreement. It states that citizenship of Bosnia and Herzegovina shall be regulated by the Parliamentary Assembly, with a citizenship of each Entity to be regulated by each Entity. Citizens of either Entity are automatically citizens of Bosnia and Herzegovina. Unlike the Law, which allows dual citizenship unconditionally, Article I.7.d makes dual citizenship conditional on a bilateral agreement between Bosnia and Herzegovina and the state in question.

The Forced Migration Projects believe states have a sovereign right to determine procedure and conditions for acquisition and termination of their citizenship. Nevertheless, the right to citizenship is a basic human right recognized by Article 15 of the Universal Declaration of Human Rights, and is also a basis for the exercise of many other rights. Therefore, certain minimum standards and due process should be observed. Furthermore, absent an extraordinary justification, persons who enjoy citizenship should not be rendered stateless by the dissolution of states.

The Forced Migration Projects were established in 1994 within the Open Society Institute to monitor circumstances in order to give early warning of forced movements of people and to identify conditions which may cause dislocation; encourage early and effective humanitarian responses to migration emergencies; advocate the humane treatment of those unable to return; urge permanent solutions for those displaced; and promote measures that avert individuals1 need to flee.The Projects established a Legal Policy Task Force for the former Yugoslavia in October 1995, comprised of lawyers from the region and international experts. The Legal Policy Task Force undertakes research and analysis of national laws and policies concerning protection and permanent solutions for displaced persons and refugees in the countries of the former Yugoslavia.This paper analyses citizenship law in Bosnia and Herzegovina and provides recommendations to avoid unnecessary statelessness and ensure durable solutions for refugees and displaced persons.The principal author of this paper is Elena Popovi}, Coordinator Legal Policy Task Force for the former Yugoslavia and a lawyer. Contributions were made by Nikola Barovi}, a lawyer in Belgrade, Jasna Omejec, a lawyer in Zagreb with the Croatian Law Center, and Arthur C. Helton, Director, Françoise Girard, Associate Director, and Maxine Marcus, research assistant, of the Forced Migration Projects.

A basic characteristic of the previous legal regime was the duality of citizenship. Citizens of the former Yugoslavia held two citizenships: federal and one of the six republics.

Federal citizenship derived from republican citizenship. Having been granted republican citizenship, an individual would automatically acquire federal citizenship.

Republican citizenship was of particular consequence in inter-republic relations as opposed to the daily lives of ordinary people, and most people, including lawyers, were not even aware of republican citizenship. In birth certificates and certificates of citizenship, republican citizenship was usually not specified, although the law so required. Moreover, citizens were equal before the law notwithstanding their republican citizenship or domicile or where they found themselves. With the confederalization of Yugoslavia in late sixties and early seventies, republican citizenship, as a characteristic of statehood, became important to the republics striving for more autonomy and decentralization.Republican citizenship was determined by several factors: domicile in 1948, origin, or agreement of parents.

The basis for determining republican citizenship was the 1948 Census. Accordingly, a person would be a citizen of the republic in which his/her domicile was in 1948. For instance, an individual who lived in Croatia would be the citizen of Serbia if s/he had been registered in Serbia in 1948.An individual born after the 1948 Census would be registered as a citizen of the republic whose citizenship his/her parents had held. If the parents were of different republican citizenship, a child would acquire citizenship of the republic in whose territory s/he was born provided that one of the parents held citizenship of that republic. Otherwise, parents could agree on whose citizenship the child would hold, or could register the child as a citizen of a third republic. In the absence of agreement, the child would acquire citizenship of the republic in which s/he was born.

Such regulations led, in practice, to situations where some individuals were born in one republic, lived in another, and yet were registered as citizens of a third and there were cases where siblings held different citizenships.Every citizen of the former Yugoslavia was able to choose his/her republican citizenship regardless of the one acquired by origin.

The sole condition for changing citizenship was establishing domicile in that republic, which was a matter of formality.Thus, the issue of republican citizenship was not significant in daily life. However, it became very important after the dissolution of Yugoslavia, as many citizens found themselves living in the territory of a republic whose citizenship they did not hold.All the states that emerged from the former Yugoslavia have adopted new itizenship laws, except for the Federal Republic of Yugoslavia, which is expected to pass one in the near future. None of the new laws sufficiently acknowledge the dissolution of Yugoslavia or the previous dual citizenship regime.

The Law on Citizenship of the Republic of Bosnia and Herzegovina (the "Law ") regulates conditions and procedure for acquisition and termination of Bosnian citizenship.

Article 27 of the Law provides that persons who acquired Bosnian citizenship under the provisions of the previous law are citizens of the Republic of Bosnia and Herzegovina (RBiH). Article 29 of the Law states that a person who held citizenship of the former Yugoslavia and was domiciled in the territory of the Republic of Bosnia and Herzegovina on April 6, 1992, is considered a citizen of Bosnia and Herzegovina. Article 2 states that: " A citizen of the Republic of Bosnia and Herzegovina may also hold citizenship of another country (dual citizenship). "

Citizenship of the Republic of Bosnia and Herzegovina may be acquired by origin, birth in its territory, naturalization, or by international agreements.A child acquires citizenship of Bosnia and Herzegovina by origin if both parents are citizens of the Republic at the moment of birth, or if one parent is a RBiH citizen at the moment of birth and the child was born in Bosnia, or if one parent is a citizen of RBiH at the moment of birth, the other parent is stateless, and the child was born abroad.

A person born abroad who qualifies for citizenship by origin must be registered before a competent body in Bosnia and Herzegovina or before its consular mission before the age of 23. Thereafter, this person can claim Bosnian citizenship only if one parent is a RBiH citizen and if s/he would otherwise become stateless.

A person who acquired RBiH citizenship by origin is considered to have held this status since birth.A child acquires citizenship of Bosnia and Herzegovina by birth if the child was born or found in the territory of the RBiH, and both parents are unknown, or their citizenship is unknown, or if they have no citizenship.

An alien may acquire Bosnian citizenship by naturalization or by virtue of an international agreement. By naturalization, an alien acquires citizenship if s/he fulfills the following criteria: is 18 years of age; has a release from a foreign citizenship or evidence that the release would be granted if Bosnian citizenship is acquired; has had a permanently registered residence in the RBiH for the last 10 years prior to applying for citizenship; has a permanent income ensuring his/her material and social security; has not been sentenced to expulsion from RBiH territory as a security measure; and has not been sentenced for committing a crime against the social order, crimes against humanity and humanitarian law, or a crime against the Army.

In addition, an individual who fulfills the conditions of not having been subject to expulsion on security grounds, and not having been sentenced for committing certain crimes, may acquire RBiH citizenship if s/he did not take part in or assist the aggression against Bosnia and Herzegovina, and if s/he provides a written statement that s/he feels like Bosnian citizen.A member of the Armed Forces, which includes the Army, reserves, and the police, may acquire RBiH citizenship without fulfilling the conditions set forth by Article 8.

The conditions for acquisition of RBiH citizenship are eased if the person in question is: a Bosnian expatriate or a descendant of an expatriate of Bosnia and Herzegovina; married to a RBiH citizen; a juvenile adopted by a RBiH citizen; or an alien whose acceptance of RBiH citizenship is in the interest of Bosnia and Herzegovina.A person who acquired citizenship by means of naturalization is considered a citizen of Bosnia and Herzegovina from the date on which the decision becomes effective. A decision on acquisition of Bosnian citizenship may not be annulled, repealed, canceled or changed if the person in question would, thereby, become stateless.

Citizenship of the Republic of Bosnia and Herzegovina may cease by release, renunciation, revocation, or international agreement.Release may be obtained only if a person fulfills the following conditions: is 18 years of age; has no obstacles regarding military service; has settled all property-rights relations from marriage and/or a child-parent relationship toward RBiH citizens; is not the subject to criminal charges brought ex officio, or, has served any prison sentence; and has foreign citizenship or a proof that s/he will be granted foreign citizenship.

A decision on release shall be annulled upon request if the person who requested the release has not acquired foreign citizenship within one year from the release, and if s/he continues to live in Bosnia and Herzegovina. If foreign citizenship has not been acquired within three years after the release was granted, a person who lives abroad may, through the consular mission of Bosnia and Herzegovina in the country of his/her residence, request an annulment of the decision on release within the following three years.

For reasons of security of RBiH, reciprocity, or other reasons arising from relations to another country, a request for release may be refused notwithstanding fulfillment of the said conditions.A citizen may renounce RBiH citizenship after the age of 18, provided s/he holds another citizenship.

The Bosnian Law on Citizenship provides for revocation of citizenship. Article 20 empowers a competent body to revoke a person1s citizenship without a hearing if the domicile or the residence of the person in question is unknown. If this decision cannot be personally delivered to the person in question, the decision becomes effective on the day of its publication in the Official Gazette of RBiH. Citizenship can be revoked only if the person has another citizenship.During the State of War or the State of Immediate War Danger, releases from citizenship shall not be granted, nor shall renunciation be accepted. In exceptional circumstances, a person who has lived abroad for longer than fifteen years (ten, if married to a foreign citizen), and who is not eligible for military service or is a male over 50 or a woman over 45 years of age, may be granted a release if s/he was abroad on April 8, 1992.

A petition for acquisition or termination of citizenship is to be filed with a municipal office of the Ministry of the Interior, or if a person resides abroad, with the consular mission of Bosnia and Herzegovina in the country of residence. The Ministry of the Interior shall make a decision on acquisition or termination of citizenship. The decision is final and cannot be appealed, but proceedings may be brought before an administrative court. In exceptional circumstances, during the State of War or the State of Immediate War Danger, a decision denying the release from or acquisition of citizenship may be appealed before the Government. Citizenship can be proved by a valid identification card or passport, or, in the absence of these, by a certificate of citizenship or a birth certificate.

States have a sovereign right to determine procedure and conditions for acquisition and termination of their citizenship. Nevertheless, the right to citizenship is a basic human right recognized by Article 15 of the Universal Declaration of Human Rights, and is also a basis for the exercise of many other rights. Therefore, certain minimum standards and due process should be observed. Furthermore, absent an extraordinary justification, persons who enjoy citizenship should not be rendered stateless by the dissolution of states.

Article 29 of the Law states that a person who had the citizenship of the former Yugoslavia and the domicile in the territory of the Republic of Bosnia and Herzegovina on April 6, 1992, is considered a citizen of Bosnia and Herzegovina. This provision imposes citizenship, by operation of law, on persons who for some reason had domicile in Bosnia and Herzegovina (job, education, etc.), but did not intend to become Bosnian citizens or remain in Bosnia, and who were forced to remain there due to the war and the concurrent restrictions on movement. This restriction, with regard to leaving Bosnian territory, still exists.Citizenship is a right, not an obligation, and thus should not be imposed. Article 15 of the Universal Declaration on Human Rights grants the right to a nationality. Inspired by this provision, all other international treaties that address the issue of citizenship frame the issue in terms of a right. The International Covenant on Civil and Political Rights states, for example, that "  every child has the right to acquire a nationality". A similar provision is found in the Convention on the Rights of the Child.When initially promulgated as a decree in 1992, Article 29 stated:A citizen of another republic of the former Socialist Federal Republic of Yugoslavia, born in the territory of the Republic, and having continuous domicile in the territory of the Republic for the last five years prior to April 6, 1992, is considered a citizen of RBiH if s/he makes a formal statement accepting citizenship of RBiH within six months after the proclamation of the end of the war, and provides for a document proving cessation of the previous citizenship.This provision acknowledged the fact of the dissolution of the former Yugoslavia, and enabled citizens to avoid statelessness as a consequence of that dissolution.The present provision, however, imposes citizenship on all persons who found themselves in the territory of Bosnia. In addition, during the State of War or the State of Immediate War Danger, the provisions on renunciation of, and release from, citizenship are suspended.One solution is to amend the Law to allow these persons to obtain citizenship of Bosnia and Herzegovina as an option. Another solution is to provide for a simple renunciation procedure where the individual demonstrates that s/he has another citizenship, and declares s/he was forced to remain in Bosnia because of the restrictions on movement caused by the war. In this respect, the principle laid out in Article 6 of the 1930 Convention on Certain Questions Relating to the Conflict of Nationality Laws may prove useful: " a person possessing two nationalities acquired without any voluntary act on his part may renounce one of them with the authorization of the State whose nationality he desires to surrender. "

Unlike most of the citizenship laws in the states which emerged from the former Yugoslavia, the Bosnian Law on Citizenship clearly provides for dual citizenship.The Dayton Peace Agreement, however, restricts that possibility to cases where there is a bilateral agreement approved by the Parliament of Bosnia and Herzegovina. This provision limits the scope of dual citizenship. The states of the region should consider undertaking negotiations regarding this issue, which will secure not only durable solutions for many refugees, displaced persons and other citizens of the region, but could promote lasting stability as well.The provision on dual citizenship should be further understood in light of Article 28 of the Law, which states that a citizen who holds citizenship of another state is regarded as if s/he were only a Bosnian citizen. Although this is a usual clause in citizenship laws, this provision should be seen in a broader context. If a person holding Bosnian citizenship is treated as a Bosnian citizen solely, this implies that military duties in the Bosnian army must be performed as well. There is no provision for conscientious objection in Bosnia and Herzegovina. However, Article II.2 of Annex 7 to the Dayton Peace Agreement provides for some guidelines in dealing with this issue. In particular, the Agreement provides for positive consideration of requests for exemption from military service based on individual needs. The fact that Bosnian citizen holds another erstwhile enemy citizenship, could be considered as a justifiable ground for conscientious objection. In addition, provisions of the Draft European Convention on Nationality and Military

Obligations in Cases of Multiple Nationality (Chapter IV) may be a good set of guidelines for resolving this issue. The Draft Convention provides that " persons possessing the nationality of two or more States Parties shall be required to fulfill their military obligations in relation to one of those States Parties only. " States Parties may determine the application of this provision by special agreement. Otherwise, provisions set forth by Article 13.3 of the Draft Convention are applicable. These provisions are based on more effective citizenship and individual choice.

A member of Bosnian Armed Forces may acquire RBiH citizenship without fulfilling the conditions set forth by Article 8 of the Law. This provision applies to " foreign fighters " who were of great concern to the international community in the context of the peace negotiations. This provision could be seen as discriminatory on the grounds of (other) status which is prohibited by the Constitution in Article II.4, and, therefore, should be repealed.

The Bosnian Law on Citizenship provides for revocation of citizenship. It is a sovereign right of a state to decide on the requirements and procedures for granting or terminating citizenship status, but due process should be observed. By contrast, Article 20, which governs revocation, empowers the Ministry of Interior to revoke a person’s citizenship without a hearing if the domicile or the residence of the person in question is unknown. If this decision cannot be personally delivered to the individual in question (which is likely the case where the domicile or residence of the person in question is unknown), the decision becomes effective on the day of its publication in the Official Gazette of RBiH. Citizenship can be revoked only if the person in question has another citizenship.RBiH citizenship may be revoked if: 

a) a person is a member of an organization whose activities are directed at the destruction of the constitutional system of the Republic;

b) a person, including a member of a foreign intelligence service, is considered detrimental to the interests of the Republic by his/her activities in foreign state bodies or organizations, or

c) a person actively takes part in an organization whose aims are contrary to the U.N. Charter and the Universal Declaration of Human Rights.The U.N. Convention on the Reduction of Statelessness allows for exceptions with respect to deprivation of citizenship that would lead to statelessness. The Convention states that " a Contracting State shall not deprive a person of his nationality if such deprivation would render him stateless. " However,a Contracting State may retain the right to deprive a person of his nationality, if at the time of signature, ratification or accession it specifies its retention of such right on one or more of the following grounds, being grounds existing in its national law at that time:

(a) That, inconsistently with his duty of loyalty to the Contracting State, the person:

(i) Has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, or

(ii) Has conducted himself in a manner seriously prejudicial to the vital interests of the State;

(b) That the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State.The Convention provides for due process of law in such cases. It states that " a Contracting State shall not exercise a power of deprivation permitted except in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body. " Bosnian Law does not provide for due process.A request for release may be refused notwithstanding fulfillment of the conditions required, for reasons of security of RBiH, reciprocity, or other reasons arising from relations to another country. Again, the 1930 Convention may be instructive, for it states that " a person possessing two nationalities acquired without any voluntary act on his part may renounce one of them with the authorization of the State whose nationality he desires to surrender. This authorization may not be refused in the case of a person who has his habitual and principal residence abroad. "

A decision on acquisition or cessation of citizenship is final and cannot be appealed. It may be remedied only by a proceeding brought before an administrative court. However, since 1992, when the Decree on Non-Application of the Law on Administrative Proceedings was enacted, proceedings before an administrative court were not possible.

Therefore, there was no remedy in several cases. In exceptional circumstances, during the State of War or the State of Immediate War Danger, a decision denying the release from or acquisition of citizenship may be appealed before the Government.

According to the Constitution of the Federation of Bosnia and Herzegovina, the acquisition and termination of citizenship shall be regulated by Federation legislation, provided that no person shall be deprived of citizenship arbitrarily or in such a way so as to leave him/her stateless, and that all citizens shall be entitled to hold the citizenship of another state.In addition, an annex to the Constitution of the Federation lists human rights instruments that are incorporated into the Federation Constitution, and therefore are binding in the territory of the Federation.

The instruments that deal with citizenship include: the 1948 Universal Declaration of Human Rights; the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Protocols thereto; the 1951 Convention Relating to the Status of Refugees and the 1966 Protocol thereto; the 1957 Convention on the Nationality of Married Women; the 1961 Convention on the Reduction of Statelessness; the 1966 International Covenant on Civil and Political Rights and the 1966 and 1989 Optional Protocols thereto; and the 1989 Convention on the Rights of the Child.

Article I.7 of Annex 4 to the Dayton Peace Agreement (" Constitution ") states: " There shall be a citizenship of Bosnia and Herzegovina, to be regulated by the Parliamentary Assembly, and a citizenship of each Entity, to be regulated by each Entity, provided that all citizens of either Entity are thereby citizens of Bosnia and Herzegovina. "

The Constitution states that "no person shall be deprived of Bosnia and Herzegovina or Entity citizenship arbitrarily or so as to leave him/her stateless." It goes on to say that no person shall be deprived of citizenship on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.Like the Law itself, the Peace Agreement relates directly to the issue of the dissolution of Yugoslavia. "All persons who were citizens of the Republic of Bosnia and Herzegovina immediately prior to the entry into force of th[e] Constitution are citizens of Bosnia and Herzegovina." It also addresses the issue of naturalization of individuals after the beginning of the war: "The citizenship of persons who were naturalized after April 6, 1992, and before the entry into force of th[e] Constitution will be regulated by the Parliamentary Assembly." This provides for possible revision of citizenship status that has been acquired. Revision enables a new decision in cases that were legally decided according to the laws which were in force previously. Since such an approach could be contrary to the principles of legal security and vested rights, application of this provision should be closely monitored.Unlike the Law, which allows dual citizenship unconditionally, Article I.7.d of Annex 4 makes dual citizenship conditional on a bilateral agreement governing this matter between Bosnia and Herzegovina and that state. The bilateral agreement must be approved by the Parliamentary Assembly, in accordance with Article IV.4.d of Annex 4.A person with dual citizenship may vote in Bosnia and Herzegovina and the Entities only if Bosnia and Herzegovina

is his/her country of residence. The Agreement does not address issues pertaining to other rights and duties. In particular, it does not address the issue of conscription to military service of persons who hold dual citizenship. However, in Annex 7, the Agreement provides that: " the Parties shall give positive consideration to requests for exemption from military or other obligatory service based on individual circumstances".

Furthermore, " each Entity may issue passports of Bosnia and Herzegovina to its citizens as regulated by the Parliamentary Assembly." Bosnia and Herzegovina may issue passports to citizens not issued a passport by an Entity. All passports issued shall be registered at a central register.With respect to citizenship, the Constitutional Court may be called upon to uphold the Constitution. This might happen in the case of a dispute between the Entities or between Bosnia and Herzegovina and an Entity or Entities, or between institutions of Bosnia and Herzegovina, particularly in deciding whether

a provision of an Entity's constitution or law is consistent with the Constitution.The Court will have appellate jurisdiction over issues under this Constitution arising out of a judgment of any other court in Bosnia and Herzegovina, which may include citizenship cases. It will also "have jurisdiction over issues referred by any court in Bosnia and Herzegovina concerning whether a law, on whose validity its decision depends, is compatible with this Constitution, with the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, or with the laws of Bosnia and Herzegovina; or concerning the existence of or the scope of a general rule of public international law pertinent to the court's decision."In addition to these provisions, Annex I to the Constitution lists additional human rights agreements to be applied in Bosnia and Herzegovina. Some of them relate to the issue of citizenship, including: the 1951 Convention relating to the Status of Refugees and the 1966 Protocol thereto; the 1957 Convention on the Nationality of Married Women; the 1961 Convention on the Reduction of Statelessness; the 1966 International Covenant on Civil and Political Rights and the 1966 and 1989 Optional Protocols thereto; and the 1989 Convention on the Rights of the Child.Annex II of the Constitution establishes guidelines for the resolution of problems which might arise in the transitional period. These include the establishment of a Joint Interim Commission, to discuss practical questions related to the implementation of the Constitution and the Dayton Peace Agreement, and to give recommendations. The Commission is to adopt the general rule that provides for the continuation of laws in Bosnia and Herzegovina, citizenship laws included: "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina."

1. States have a sovereign right to determine procedure and conditions for acquisition and loss of their citizenship. However, certain minimum standards and due process should be observed.

2. Persons with citizenship should not be rendered stateless by the dissolution of states. pecifically, all states should allow for the acquisition of citizenship to all citizens who resided in their territories at the moment of the state1s creation, notwithstanding their previous citizenship. However, citizenship must not be imposed against the will of individuals.

3. Article 29 of the Bosnian Law on Citizenship confers citizenship on all persons who had the citizenship of the former Yugoslavia and the domicile in the territory of the Republic of Bosnia and Herzegovina on April 6, 1992, including those who did not have the intention of becoming Bosnian citizens, or remaining in Bosnia, but rather were forced to remain there due to the war, and the concurrent restrictions on movement. One solution is to amend the law to allow these persons to obtain citizenship of Bosnia and Herzegovina as an option. Another solution is to provide for a simple renunciation procedure where the individual demonstrates that s/he has another citizenship, and declares s/he was forced to remain in Bosnia because of the restrictions on movement caused by the war.

4. In addition, the states which emerged from the former Yugoslavia should consider the possibility of dual/multiple citizenship for certain categories of people, such as: these of mixed ethnic parentage; those who previously identified themselves as Yugoslavs; those who have not declared their ethnicity; members of minorities which resulted from the dissolution of the former Yugoslavia; those who were victims of "ethnic cleansing" (refugees and displaced persons).

5. Should dual citizenship be accepted as an option, issues such as conscription to military service of persons who hold dual citizenship would have to be addressed. The fact that one holds another erstwhile enemy citizenship, could be considered as a justifiable ground for conscientious objection. In addition, provisions of the Draft European Convention on Nationality and Military Obligations in Cases of Multiple Nationality (Chapter IV) may be a good set of guidelines for resolving this issue.

6. Provision of Article 9, para. 5 that permits members of the Armed Forces to acquire RBiH citizenship unconditionally should be repealed.

States have a sovereign right to determine procedures and conditions for acquisition of citizenship. Nevertheless, the right to citizenship is a basic human right guaranteed by the Universal Declaration of Human Rights and is a basis for exercising many other rights. Therefore, certain minimum standards and due process should be observed. Furthermore, persons with citizenship should not be rendered stateless by the dissolution of states.Regulation of citizenship will be significant for the repatriation of refugees and displaced persons. It could determine their status, travel and other documents, domicile, eligibility for real property ownership, eligibility for certain employment, and military and other duties.Local laws analyzed in this paper concern the laws of one Entity only -- the Federation of Bosnia and Herzegovina. Little is known about the laws of the Republika Srpska. It is imperative that both Entities be required to immediately disclose the texts of all relevant legislation and rules. The Law on Citizenship of the Socialist Federal Republic of Yugoslavia (Zakon o dr`avljanstvu Socijalisti~ke Federativne Republike Jugoslavije, Sl.l.SFRJ no. 58/76 of December 31, 1976) and laws of each of the six republics. The federal law and the laws of the republics were textually almost identical.

See Article 249, para. 2 of the 1974 SFRY Constitution (Ustav Socijalisti~ke Federativne Republike Jugoslavije, Sl.l.SFRJ no. 9/74), and, for example, Article 2 of the Law on Citizenship of the Socialist Republic of Serbia, (Zakon o dr`avljanstvu Socijalisti~ke Republike Srbije, Sl.g. SRS no. 45/1979) of October 20, 1979, and 13/83.

See Article 249, para. 3 of the 1974 SFRY Constitution and, for example, Article 3 of the Law on Citizenship of the Socialist Republic of Serbia. Zakon o dr`avljanstvu Republike Bosne i Hercegovine; S.l.RBiH 18/92, 11/93, 27/93, 14/94, 15/94. Article 4, para. 1. Article 5. Article 7, para. 1. Article 8, para. 1. During the State of War, a competent body may deny acquisition of citizenship on the grounds of reasonable doubt that a petitioner took part in the aggression against Bosnia and Herzegovina. This provision is no longer applicable as the Presidency proclaimed the end of the war on December 22, 1995. Article 9, para. 5. Article 13. Article 15, para. 1. Article 16. Article 18. The Presidency has repealed the State of War on December 22, 1995. The State of Immediate War Danger has not yet been repealed and is not likely to be before the end of the Implementation Forces1 mission. Article 36.

Article 23, para. 2. Article 37. This principle was confirmed by Article 1 of the 1930 Hague Convention on Certain Questions relating to the Conflict of Nationality Laws, Laws Concerning Nationality, United Nations Legislative Series, ST/LEG/SER. B/4, p. 567. See First Report on State Succession and its Impact on the Nationality of Natural and Legal Persons, International Law Commission, A/CN.4/467, 1995, at III.B.1, and IV. Domicile was easy to obtain regardless of republican citizenship, provided that an individual was living in a socially-owned or leasing a privately-owned apartment, or owned an apartment in that republic. Article 24.3. Article 7.1: 3The child shall be registered immediately after birth and shall have the right from birth ... to acquire a nationality...2. The Decree with the Force of Law on Citizenship of the Republic of Bosnia and Herzegovina, (Uredba sa zakonskom snagom o dr`avljanstvu Republike Bosne i Hercegovine, S.l.RBiH no. 18/92 of October 7, 1992). S.l.RBiH no. 11/93. A number of authors argue that the successor state may be limited in determining its citizenry. They base their argument on the principle of effective nationality found in the Nottebohm case (I.C.J. Reports, 1955, p. 23).

See also First Report on State Succession and its Impact on the Nationality of Natural and Legal Persons, ibid., at IV.1. Macedonia also provides for dual citizenship. Article 13.1. Annex 4 to the Dayton Peace Agreement. Article 20 of the RBiH Citizenship Law. Article 8.3 of the Convention. Article 8.4. Uredba o neprimjenjivanju Zakona o upravnim sporovima; S.l.RBiH no. 6/92. Sec. II, Article 5, of the Constitution. Article I.7.c. See also First Report on State Succession and its Impact on the Nationality of Natural and Legal Persons, ibid., at III.B.2(72). Article I.7.d. Article II.2. Article I.7.e. Article VI.3.c. Article 2 of Annex II to the Constitution. .