The Brčko District of Bosnia and Herzegovina lacks a legal framework that enables citizens to launch civic initiatives through a formal and legally binding process. In contrast to the Federation of Bosnia and Herzegovina—where the Law on the Principles of Local Self-Government allows for initiatives at the municipal and cantonal levels (albeit with varying levels of implementation across cantons)—and Republika Srpska, where the Law on Referendum and Citizens’ Initiative enables citizens to propose legal changes with clearly defined procedures and a required number of signatures, the Brčko District lags behind and exists in a legal vacuum.
With the aim of solving this issue, a campaign to improve the legal framework regulating direct citizen participation in decision-making has been launched within the PRAGG project. The campaign is led by the Association of Citizens “Demos” from Brčko, with the support of organizations “Posavina Without Mines”, “Nature Lovers Club”, and the “Plural” Foundation.
Historically, Brčko District has often been perceived as an experimental space for multiethnic coexistence and decentralized governance. However, participatory governance elements have never been institutionally formalized. Brčko still formally applies the 1977 Law on Referendum, a relic from the Socialist Federal Republic of Yugoslavia. Yet even that legal provision is restricted by the order of the international supervisor due to the city's specific status.
“Introducing a Law on Citizens’ Initiatives would be a first step toward actualizing the democratic values that have, for years, been promoted in the District only rhetorically. This issue affects all residents of Brčko District but particularly impacts civil society organizations, informal civic groups, and active individuals who seek to influence public policy constructively. Under the current system, they are unable to propose legal, strategic, or policy changes through a legally recognized procedure, nor is there any institutional obligation to consider their proposals—rendering formal civic engagement meaningless,” says civic activist from Brčko, Damjan Dundžić.
The campaign within aims to include the Law on Citizens’ Initiatives in the Work Program of the Government of Brčko District for 2025, and then in the Work Program of the Assembly for 2026. It also envisions the formation of a working group composed of both government representatives and civil society actors, who will jointly draft the law and submit it for adoption.
This issue is systemic in nature and affects all citizens equally—regardless of their place of residence, ethnicity, or political affiliation. This “civic deficit” directly undermines the level of participatory democracy in the District. Citizens do not have a legally guaranteed mechanism through which they can raise issues of public importance and compel institutions to respond. Every attempt at initiating a civic proposal depends solely on the goodwill of political actors, which in practice results in neglect, selective review, or outright dismissal. Although there is a broad narrative about the importance of citizen participation in decision-making, without a concrete legal instrument, this remains merely declarative rather than a substantive democratic right.
The root of the problem lies in long-standing political inertia and the absence of systemic political will to open institutional doors to citizens. The authorities have no legitimate excuse for the lack of such a legal provision, nor are there any technical obstacles to passing the law. Comparative models exist in both BiH and the region, there are civil society initiatives in place, and international organizations have repeatedly highlighted this shortcoming. However, the political factor remains the main obstacle—certain segments of the District’s government appear unwilling to introduce mechanisms that would reduce their exclusive control over the decision-making process.
“The absence of a Law on Citizens’ Initiatives is not merely a normative gap—it is a symptom of a broader democratic deficit in which citizens are excluded from key decision-making processes. Enacting this law would open space for systemic, legally regulated participation and lay the groundwork for building a political culture in which citizens are not merely observers, but active agents of change,” Dundžić adds.
The required number of citizen signatures to submit an initiative differs between Republika Srpska and the Federation of BiH. Republika Srpska already has a Law on Referendum and Citizens’ Initiative in place, while the Federation is in the process of adopting one. Brčko District, however, has no such law. At the state level, no comparable regulation exists either.
Based on the Law on the Principles of Local Self-Government in FBiH, local self-government units (LSGUs) are allowed to define, through their statutes, the number of signatures needed for a civic initiative, deadlines, institutional responses, and other procedural rules. This law formally recognizes the right of citizens to propose legislative and policy changes, fulfilling democratic standards by outlining clear steps required for the initiative to be considered—such as the number of signatures, submission method, and institutional response timeframe—and facilitates harmonization with similar laws in RS and FBiH.
The Law on Referendum and Citizens’ Initiative in RS clearly regulates the process of exercising the right to a citizens’ initiative. If the initiative calls for changes to the Constitution, laws, or other general acts within the jurisdiction of the National Assembly, the petition must include at least 3,000 citizen signatures. If the initiative concerns regulations or general acts under the jurisdiction of a city or municipal assembly, the required number of signatures is determined by the municipal or city statute in line with the applicable local self-government regulations.
In addition to advocacy efforts aimed at adopting this law, it is crucial to inform citizens, formal and informal groups, and civil society organizations that the Law on Citizens’ Initiative is a tool that can transform public support—reflected in the legally required number of signatures—into institutional pressure, compelling the Assembly to formally consider their proposals.
“I believe this is perhaps the most important tool for civil society organizations that strive to gain public support for various issues and ideas. If the law were adopted, that support would become binding for the relevant local government bodies. Citizens must be enabled to have their voices heard in the highest legislative institution. In the past, there have been numerous initiatives and petitions gathering hundreds of signatures, yet they remained merely symbolic—with no obligation for the Assembly or any other institution to formally consider them,” concludes Damjan Dundžić.
