a positive force for integration and, because of their importance as a visible symbol of
national unity, successful integration models can have a broader impact within society at
large and in facilitating the acceptance of the immigrant community.
A country’s armed forces aim to instil in their members an overriding unity of purpose.
Minority rights can be jeopardized, however, by armed forces that seek only to assimilate
minorities rather than ensuring that the values and the cultural sensibilities of the nation’s
minorities are fully protected within the military.
193
States have typically in the past sought to ensure the allegiance of those recruited to the
armed forces by means of a nationality restriction. Such restrictions do not impact solely
on ethnic minorities, of course, but they are likely to affect recently established immigrant
Box 12.1
The Example of Bosnia and Herzegovina193
Bosnia and Herzegovina represents a unique example of how one country’s defence structures are coping with the
legacy of a tragic conflict.
Though the conflict ended with the Dayton Peace Agreement in 1995, it was only in 2006 that Bosnia and
Herzegovina was able to establish an exclusively state-level defence establishment replacing the sub-state (entity)
defence structures that had remained largely untouched since the end of the conflict. This included the creation
of a NATO-compatible single military force (the Armed Forces of Bosnia and Herzegovina) that is still being
implemented, thereby replacing the three predominantly mono-ethnic brigades that existed previously, and that
effectively comprised the former warring factions. The political and legislative solutions for this sea-change reform
were forged with significant assistance from the multinational NATO headquarters still based in the country.
The new defence legislation (principally the Law on Defence and the Law on Service in the Armed Forces of
Bosnia and Herzegovina) strikes a balance between protecting the group rights of Bosnia and Herzegovina’s three
ethnic groups (and others not belonging to those groups) and promoting the individual human rights of military
personnel. For example, the legislation ensures that the senior positions in both the Armed Forces and the Defence
Ministry are divided fairly between the ethnic groups (or constituent peoples, namely Serbs, Croats, Bosniaks, and
others), additionally serving as a useful confidence-building mechanism. The legislation also provides the country’s
presidency with the power to determine the appropriate ethnic representation in the Armed Forces as a whole,
taking into account both census statistics and operational considerations. In terms of individual rights, this is the
first time that defence legislation has been enacted at the state level, meaning, in turn, that military personnel in the
country now have the same service rights regardless of ethnicity or entity of residence. These are set out in some
detail in the Law on Service and cover areas such as language rights, equal opportunities, complaints procedures,
and due process in the context of military discipline proceedings.
One notable feature of the new system is the creation of three infantry regiments, each responsible for
maintaining the military heritage and identity of the former units/armies from which they are descended: the
Army of the Republic of Bosnia and Herzegovina (predominantly Bosniak), the Croatian Defence Council
(predominantly Croat), and the Army of the Republika Srpska (predominantly Serb). According to legislation,
these regiments have no operational or administrative authority, and units from these regiments are organized
in multiethnic brigades. As such, while the Armed Forces will preserve ethnic traditions, they will also be
authentically multiethnic from the operational and administrative perspective.
In conclusion, Bosnia and Herzegovina has sought to ensure that its defence establishment provides for
the equality of its members through a well-established legal framework while also taking due care to protect
the constitutional guarantees for the country’s constituent peoples. The challenge that now remains is the
implementation of this framework through the required policies and regulations.
193 Transition Management Group, NATO Headquarters Sarajevo.
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Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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