Basic Agreement
between the Holy See
and Bosnia and Herzegovina[1]
The Holy See and Bosnia and Herzegovina,
wishing to establish the juridical framework of
relations between the Catholic Church and Bosnia and Herzegovina;
with reference on the part of Bosnia and
Herzegovina to the constitutional principles by which it was created, and on
the part of the Holy See to the documents of the Second Vatican Council and the
norms of canon law;
mindful of the centuries-old presence of the
Catholic Church in Bosnia and Herzegovina and of her current role in social,
cultural and educational fields;
respecting internationally recognized
principles concerning the distinction between religion and the state and concerning
freedom of religion;
have
established by mutual agreement what follows:
Article 1
Bosnia and Herzegovina
and the Holy See reaffirm that the state and the Catholic Church, each in its
proper sphere, are independent and autonomous, and they commit themselves to
total respect for this principle in their relations and to mutual cooperation
for integral human development, both spiritual and material, and for the
promotion of the common good.
Article 2
1. Bosnia
and Herzegovina recognizes the public juridical personality of the Catholic
Church.
2. Bosnia
and Herzegovina also recognizes the public juridical personality of all
ecclesiastical institutions which possess such juridical personality in
conformity with the norms of canon law.
3. The
competent ecclesiastical authority may establish, modify, abolish or recognize
ecclesiastical juridical persons according to the norms of canon law. It informs
the competent agency of the civil administration accordingly, in order that
registration be made according to the applicable civil norms.
Article 3
Bosnia and
Herzegovina guarantees to the Catholic Church and to her juridical and physical
persons the freedom to communicate and to maintain contacts with the Holy See,
with the Episcopal Conferences of other countries, and also with particular
Churches, institutions and persons both within the state and abroad.
Article 4
Respecting
the right to freedom of religion, Bosnia and Herzegovina recognizes the free
exercise by the Catholic Church, and by her communities of whatever rite, of
her apostolic mission, in particular with regard to divine worship, governance,
teaching and the activity of the associations indicated in Article 13.
Article 5
The
competent ecclesiastical authority has the exclusive right to regulate freely
its proper ecclesiastical order, to establish, alter and suppress
ecclesiastical provinces, archdioceses, dioceses, apostolic administrations, territorial
prelatures, territorial abbacies, personal prelatures, parishes, institutes of
consecrated life and societies of apostolic life, as well as other
ecclesiastical juridical persons.
Article 6
1. The Catholic
Church is responsible for all ecclesiastical appointments and the conferring of
ecclesiastical offices, in conformity with the norms of canon law.
2. The
appointment, transfer and removal of Bishops is the exclusive competence of the
Holy See.
Article 7
1. Bosnia
and Herzegovina guarantees to the Catholic Church the freedom to conduct worship.
2. Bosnia
and Herzegovina guarantees the inviolability of places of worship: churches,
chapels and their respective annexes.
3. Only for
grave reasons and with the explicit agreement of the ecclesiastical authority
may such places be destined for other uses.
4. The
competent authority of Bosnia and Herzegovina cannot take security measures in
the aforementioned places without previous authorization from the competent
ecclesiastical authority, unless such action is urgently needed for the defence
of life or health or to preserve goods of particular artistic or historical
value.
5. In the
event that public worship is conducted in places other than those indicated in
section 2 above (as in the case of processions, pilgrimages or other activities),
the ecclesiastical authorities will inform the competent authorities of Bosnia
and Herzegovina, who are obliged to guarantee public order and safety.
Article 8
1. In the
case of a judicial inquiry into alleged offences against the penal code on the
part of a cleric, a religious man or woman, the judicial authorities of Bosnia
and Herzegovina will inform the competent ecclesiastical authorities
beforehand.
2. In every
case, the seal of Confession is inviolable.
Article 9
1. Sundays
and the following feast-days will be classed as non-working days for Catholics
throughout the country according to the law of Bosnia and Herzegovina:
a) 6 January, the Epiphany of the Lord
b) Corpus Christi
c) 15 August, Assumption of the Blessed Virgin
Mary;
d) 1 November, All Saints;
e) 25 December, Christmas Day.
2. The two
interested parties will come to an agreement on any changes to the feast-days,
should this prove necessary.
Article 10
1. Ecclesiastical
juridical persons may acquire, possess, use and usufruct or alienate moveable
and immoveable goods, and may also acquire and alienate patrimonial rights,
according to the norms of canon law and the legislation of Bosnia and
Herzegovina.
2. The
juridical persons indicated in section 1 may institute foundations. Their
activity, as far as its civil effects are concerned, is regulated according to
the legal norms of Bosnia and Herzegovina.
3. Bosnia
and Herzegovina will restore to the Catholic Church within ten years from the entry
into effect of this Agreement all immoveable goods nationalized or seized
without adequate compensation. For goods which cannot be restored, Bosnia and
Herzegovina will give just compensation, to be agreed upon by the authorities
and those with legitimate title to the properties.
Article 11
1. The
Catholic Church has the right to construct churches and ecclesiastical
buildings and to enlarge or alter those already in existence, according to the
laws in force in Bosnia and Herzegovina.
2. The
diocesan Bishop decides when it is necessary to construct ecclesiastical
buildings within the territory of his diocese, by norm of canon law, and he proposes
where they are to be located; and the competent authorities of Bosnia and Herzegovina
will agree unless there are objective reasons not to do so.
3. The
competent authorities in Bosnia and Herzegovina will not consider requests for
the construction of Catholic ecclesiastical buildings in the absence of the
diocesan Bishop's written approval (cf. section 2 above).
Article 12
1. The
Catholic Church is guaranteed the freedom to own, print, publish and distribute
books, newspapers, journals, as well as audiovisual material, and also any
other activity connected with her mission.
2. The
Catholic Church has the right to establish and to administer in her own name radio
and television stations, in conformity with the laws of Bosnia and Herzegovina.
3. The
Catholic Church also has access to the public communications media (newspapers,
radio, television, internet).
Article 13
1. Bosnia
and Herzegovina recognizes the right of the Catholic faithful to form associations,
in conformity with canonical norms, according to the Church's proper purposes. As far as the
civil effects of their activities are concerned, such associations are to be
regulated in conformity with the legal norms of Bosnia and Herzegovina.
2. Bosnia
and Herzegovina guarantees to Catholics and to their associations and institutions
full freedom of action and of public activity, both in speech and in writing.
Article 14
1. The
Catholic Church has the right to establish educational institutions at all
levels and to administer them according to its own norms, while respecting the
legal dispositions of Bosnia and Herzegovina.
2. Bosnia
and Herzegovina will accord to such institutions the same rights that are
guaranteed to state institutions, including financial treatment and the recognition
of academic degrees and any university qualifications obtained.
3. Bosnia
and Herzegovina guarantees to the pupils and students of educational
institutions (cf. section 1 above) the same rights as pupils and students of
state educational institutions of the equivalent level. The same rule also applies
to the teaching and non-teaching staff of such institutes.
Article 15
1. Bosnia
and Herzegovina recognizes and guarantees to the Catholic Church the right to
pastoral care of Catholic faithful who are members of the armed forces and the
forces of public order, and of those who are resident in penal institutions, in
hospitals, in orphanages and in any institute of medical and social assistance,
whether public or private.
2. Pastoral
activity in the armed forces and in the forces of public order, and in the
public institutions listed in section 1 above, will be regulated by appropriate
Agreements between the competent ecclesiastical authorities and Bosnia and Herzegovina.
Article 16
1. Bosnia
and Herzegovina, in the light of the principle of freedom of religion,
recognizes the fundamental right of parents to see to the religious education
of their children; and it guarantees within the framework of the academic
programme and in conformity with the wishes of parents or guardians, the
teaching of the Catholic religion in all public schools, elementary, middle and
higher, and in pre-school centres, as a required subject for those who choose
it, under the same conditions as other required subjects.
2. In
collaboration with the competent Church authorities, the educational authorities
will allow parents and adult students the possibility to avail themselves
freely of such teaching at the time of registration for the academic year, in
such a way that their decision does not give rise to any form of academic
discrimination.
3. The
teaching of the Catholic religion will be carried out by teachers who are
suitable, with the canonical mandate of the local diocesan Bishop, and in possession
of the qualifications required for the particular level of school by the laws
in force in Bosnia and Herzegovina, with respect for all the rights and duties
pertaining thereto. In the case of withdrawal of the canonical mandate by the
diocesan Bishop, the teacher will not be able to continue teaching the Catholic
religion.
4. Teachers
of religion are full members of the teaching staff of the educational institutions
mentioned in section 1 of this Article.
5. The
programmes and the content of the teaching of the Catholic religion, as well as
the text-books and didactic material must be prepared and approved by the
Episcopal Conference of Bosnia and Herzegovina. The ways in which the teaching
of the Catholic religion is conducted will be object of a particular agreement
between the competent authorities of Bosnia and Herzegovina and the Episcopal
Conference.
Article 17
1. The
Catholic Church may freely organize institutions intended to provide charitable
activity and social assistance, in conformity with the relevant civil norms.
2.
Ecclesiastical institutions or institutions dependent on the Church for purposes
of charitable assistance are regulated in conformity with their own statutes
and they enjoy the same rights and privileges and the same treatment as the
state institutions established for the same purpose.
3. The
Catholic Church and Bosnia and Herzegovina will reach an agreement about mutual
cooperation between their respective institutions for charitable assistance.
4. As far
as civil effects are concerned, the institutions listed in section 1 of this
Article will be regulated according to the legal norms of Bosnia and
Herzegovina.
Article 18
1. Bosnia
and Herzegovina and the Holy See will resolve, by common accord, through diplomatic
means, any doubts or difficulties which might arise in the interpretation and
application of the provisions of the present Agreement.
2. Matters
of common interest that require new or additional solutions will be addressed
by a Mixed Commission set up for the purpose, composed of representatives of
the two parties, which will submit its proposals for the approval of the respective
authorities.
Article 19
1. The
present Agreement, drawn up in English, will be signed in duplicate, will be
ratified according to the proper procedural norms of the contracting Parties
and will take effect at the moment of the exchange of instruments of
ratification.
2. Should
one of the contracting parties consider that the circumstances in which the present
Agreement was established have changed radically, in such a way as to
necessitate modifications, negotiations to that effect are to be initiated.
Signed in
Sarajevo, on 19th April 2006.
for the Holy See X Alessando
D’Errico
for Bosnia and Herzegovina Ivo Miro Jović
Additional Protocol
to the Basic Agreement
between the Holy See and Bosnia and Herzegovina
The
Holy See and Bosnia and
Herzegovina, desiring
to avoid all difficulties of interpretation of the Basic Agreement signed on 19th
April
1.
The
restitution of immoveable or nationalized goods seized without adequate
compensation, including the term of their restitution, will be implemented in
conformity with the law that shall regulate the matter of restitution in Bosnia
and Herzegovina.
2.
For
the identification of immoveable goods to be transferred to ecclesiastical
ownership or to be adequately compensated, a Mixed Commission will be established,
composed of representatives of the two parties.
3.
In
conformity with Art. 18 of the Basic Agreement, matters that require new or
additional solutions will be addressed by common accord through the Mixed Commission,
which will submit its proposals for the approval of the respective authorities.
This
Additional Protocol forms an integral part of the Basic Agreement between the Holy
See and Bosnia and Herzegovina and shall be ratified together with the same
Basic Agreement.
The present
Protocol, drawn up in English, will be signed in duplicate, and will take
effect together with the Basic Agreement between the Holy See and Bosnia and
Herzegovina.
Signed in
Sarajevo, on the twenty-ninth of September, 2006.
for the Holy See X Alessando
D’Errico
for Bosnia and Herzegovina Ivo Miro Jović
[1] Firma: 19 aprile 2006 l’Accordo basico, 29 settembre 2006 il Protocollo addizionale, ratifica: 25 ottobre 2007. Vid. T. Vukšić, Firmato l'Accordo di base tra Santa Sede e Bosnia ed Erzegovina : «L’Osservatore Romano» 12 maggio 2006, p. 3. Id., Crkva i Država u Bosni i Hercegovini. Zakoni, podzakonski akti, ugovori i komentari, Sarajevo 2007; l’A. include in questo volume una sua traduzione degli accordi in lingua bosnia latina.