ࡱ> bda7 ^kbjbjUU .7|7|DglBBB8z<$"$+ KJ fBBB0'z'Higher Education in Bosnia and Herzegovina and the Status of Croats in this System (Legal and moral issues in passing the Education Law) Simun Musa and Jozo Rogosic Faculty of Teaching Science, University of Mostar, Ulica Matice hrvatske bb, 88000 Mostar, Bosnia and Herzegovina Summary The State of Bosnia and Herzegovina constitutionality, according to Dayton`s Agreement from 1995 has been defined as the community composed of three constituent nations, each of them having equal rights. With the mentioned Agreement, Bosnia and Herzegovina has been divided into two entities (the Federation of Bosnia and Herzegovina and the Republic of Srpska). Both entities have its own constitutions, and according to that, all aspects of life have been framed in their constitutions. So, the Federation of Bosnia and Herzegovina according to "Dayton`s Constitution" in Paragraph III, Article 4, 5, 6 defines education, science, culture and sport as segments under the competence of the Cantonal Government, and furthermore all of that is regulated by Cantonal Constitution, as well as by Law of the each Canton. In the Federation of Bosnia and Herzegovina we utilize a model of parallel plans and programs following the Swiss model in education. So the text-books (as well as programs) for the primary and secondary school and for the higher education are, in a certain way, separate for all three nations in Bosnia and Herzegovina. They are also written in separate languages of these three nations. Admittedly, they at the same time have a common core (common basic lines which connect these programs and text-books) and other common features which are the basis for the common system of education in Bosnia and Herzegovina. As the Croatian nation in B-H is the least numerous, although a constituent nation, and on the account of the possible unitarian tendencies of the other two more numerous nations (the Serbs and Bosniaks) in the domain of education, science and culture, Croats have expressed their fear of being over voted by the more numerous nations, in particular the Bosniaks in the Federation with whom Croats live, which would be detrimental not only to the language, education system and culture of Croats but also to other characteristics of the Croatian identity. Due to the specific state arrangements in B-H, due to its specific demographic, cultural, confessional, linguistic and ethnic constitution, due to the survival and existence of Croats in B-H as in their country where Croats are constituent and equal to the other two nations (the Serbs and Bosniaks), education, science and culture are of uttermost importance because they primarily determine the youth awareness, their perspectives and their position in society in general. In B-H there are eight universities which utilize the three official languages in B-H (Bosniak, Serbian and Croatian) and only one of them is in Croatian the University of Mostar. Due to its importance this public institution is of special national interest to the Croatian nation. Key words: high education, law, standards, constitution, reform, Bosnia/Herzegovina, legal and moral. Introduction Do so that you can want that your will becomes a common law. (I. Kant) Education and science have its purpose (and justification) only if their aim is the benefit of an individual and the society in which all human values, freedom and rights are respected in accordance with the highest democratic standards and criteria. Therefore, academic freedom and university autonomy are not privileges, but prerequisites to take over responsibility for education and science that will serve for the benefit of all people and humanity. Internationalization is considered as a key priority for the promotion of mutual understanding and the creation of new transnational bridges and, at the same time, for the affirmation of particular cultural identities. These approaches and criteria should have a universal, generally acceptable (global), international dimension. According to Dayton`s Agreement from 1995, the constitutionality of Bosnia and Herzegovina has been defined as the community composed of three constituent nations. With the same Agreement, Bosnia and Herzegovina has been divided into two entities (the Federation of Bosnia and Herzegovina and the Republic of Srpska). Both entities have its own constitutions, and consequently all aspects of life have been framed in the constitutions. Likewise, according to "Dayton`s Constitution" in the Federation of Bosnia and Herzegovina (Paragraph III, Article 4, 5, 6, 7) education, science, culture and sport have been defined as segments under the competence of the Cantonal Government. Furthermore, these segments of the society are regulated by the Cantonal Constitution, as well as by the Law of each Canton. In the Republic of Srpska of Bosnia and Herzegovina the primary, secondary and higher education as well as science, culture and sports are centralized, and there is only one Ministry of science and higher education. In achieving the European standards in the reforms of higher education and science, we should, in the first place, start with the law of science and higher education, which should be so good that it can be the base of reforms which lead us to the European standards. Higher education in Bosnia and Herzegovina Today, according to the cited part of the Constitution of Bosnia and Herzegovina, higher education, as well as primary and secondary education, science, culture and sport are defined as segments under the competence of the Cantonal Government. Consequently, higher education and science in the Federation of Bosnia and Herzegovina are regulated by Cantonal Constitution, as well as by Law of the each Canton. The Federal Ministry of Education (which nearly has not been mentioned in the Federal Constitution) in the practice has only the function to coordinate the Cantonal ministries of education, but it is without any possibility of usurpation of their constitutional authorizations. In the Republic of Srpska of Bosnia and Herzegovina the primary, secondary and higher education are centralized. According to the Constitutional regulation of Bosnia and Herzegovina the following universities have been established: In the Federation of Bosnia and Herzegovina: 1. University of Sarajevo 2. University of Mostar 3. University of Dzemal Bijedic, Eastern Mostar 4. University of Tuzla 5. University of Bihac, and 6. University of Zenica In the Republic of Srpska of Bosnia and Herzegovina there are two Universities: 1. University of Banja Luka, and 2. University of Serbian Sarajevo The Coordination Body for Higher Education (CBHE) is a subject, which consults, coordinates, equalizes and articulates criteria in the sphere of the higher education. The CBHE is represented by the rectors of the eight mentioned universities in Bosnia and Herzegovina and two representatives of the Government of each entity (the Federation of Bosnia and Herzegovina and the Republic of Srpska). The CBHE is generally designated for the reform of higher education and science, which agrees with the subscription and accepting of the Bologna Declaration, and with the united aim to introduce the common acceptable standards like at the universities in other European countries, so that our students could be equal to the students from the European Union in the quality and quantity of knowledge and abilities, and so that their Diplomas could be of equal-value with the European Union University Diplomas. The CBHE is also working on the introduction of plans and programs equalized with the European system of higher education, especially advancing the programs of selection and contents. Likewise, the CBHE is preparing a unique criterion for the election of teachers and assistants, starting with the application of ECTS, taking care about the other segments of higher education like financing of the Universities, teaching activities, financing of the scientific research at the institutes, improving standards, beginning from the classrooms and equipment to the Universitys library, cultural and sport manifestations which are organized at the Universities. The deadline for the organization of the universities from Bosnia and Herzegovina according to the principles of EUA, in the sense of implementation of ECTS , Diploma Supplement programs, faculty staff, students, material and financial circumstances - is year 2010. In order to achieve the European standards in the reforms of higher education and science, we should, in the first place, begin with the law of higher education, which would lead us to the European standards. Autonomy and Standardization Autonomy means complete independence and absolute responsibility of universities and scientists for the results of education and research work, which are essential for a university. It has two dimensions; academic and fiscal. Principally, there are no doubts related to academic autonomy, while fiscal autonomy can be understood differently for public (state) and private universities and state and private research institutions. Private universities have competing advantages, among other things, because of a larger freedom they have, fewer restrictions, and a higher fiscal autonomy which (still) enables a higher level of academic autonomy. In Bosnia and Herzegovina we still do not have any private universities, but it would be wrong to confine private universities because of a lot of reasons. It is probable that we are not yet, as the society on the whole, at the level to give up the services and the role of state (public) universities, in terms of not supporting them, not letting them vanish. Not only that the social component is a problem here (there are many students who are not able to pay the fee at private universities), but the development component, education strategy and research activities are a problem as well. In that sense the Proposal Law of Higher Education is very good, meaningful and tolerant. The autonomy of the universities in Bosnia and Herzegovina should not be endangered if universities and faculties voluntarily give up a part of their freedom of choice for the purpose of reaching an agreement (consensus) with their trade partners. Standards for curricula should be established according to the same principle, as well as the standards for the assigned literature (books, textbooks and the like), for classrooms, laboratories, tools and equipment for professors, elections to higher ranks, promotions, and all other segments of higher education. The present process of resolution of the law of higher education in Bosnia and Herzegovina As we have already mentioned, the present higher education law in the Federation of Bosnia and Herzegovina gives all authorizations to the Cantons level, while the higher education in the Republic of Srpska is centralized. In the frame of the Ministry council of Bosnia and Herzegovina the Ministry of civil activities, which acts on the level of the whole Bosnia and Herzegovina, should, among other activities, lead and have influence on the reform of the higher education. In the frame of the proposal law the Ministry council has been suggested that two Ministries of Science and Higher Education should be established: (1) one in the Federation of Bosnia and Herzegovina, and (2) the other one in the Republic of Srpska, which also means that two funds for the financing of science and higher education should be established. In our opinion, it is a very strange solution! Namely, if the whole system of the higher education and science in the both entities of Bosnia and Herzegovina desires to introduce unique European standards, why do not we bring, at the present moment, a unique resolution for the higher education and science on the level of the whole Bosnia and Herzegovina? This could be the first step in accepting the European standards in the systems of science and higher education in Bosnia and Herzegovina. Unfortunately, according to this proposal, two Ministries of science and higher education will be established, two financing funds, two administrations, and then, in that way the accesses, criteria and solutions will be duplicate and different. In one country - two solutions. Our University in Mostar, as the only University in Croatian language in Bosnia and Herzegovina, and the representatives of the Croatian nation in the Parliament of Bosnia and Herzegovina are requesting that if we need to change the present constitution, it should be done in a democratic way. In other words, it means that, if the constitutional authorization of the cantons is being abolished, we should establish one ministry of science and higher education on the unique state level, abolishing also the constitutional authorization of the Serbian entity. Also, we should have only one financing fund, so that all spheres of the higher education, including material and intellectual development, would have unique standards. Although this solution, which was proposed by the Croats, is the most suitable, it has not been affirmed. After the framework law of science and higher education had been accepted by the Parliament of the Federation of Bosnia and Herzegovina by over voice of the Croatian delegates, Croatian political representatives asked the protection to the Bosnia and Herzegovinas Constitutional court, which then pronounced sentence, that with this solution the vital interests of the Croatian nation had been disturbed, and so the unacceptable decision of the Parliament and Ministry council has been annulled. What is the meaning of that? In the political life of the Federation of Bosnia and Herzegovina, on the base of decisions of the Government and Parliament of the Federation of Bosnia and Herzegovina, all decisions are reached by the voices majority. Since, according to the imposed Election rules, there are 8 Bosniak-Muslims, 5 Croats and 3 Serbs in the Government, Croats cannot act as an equal political subject and influence the decisions. We have the same case in the Republic of Srpska entity, where the Government is composed of 8 Serbs, 5 Bosniak-Muslims and 3 Croats. We can see from this example that the Croats in the Federation of Bosnia and Herzegovina do not have realistic chances for political success and in the Republic of Srpska they have already lost all their political chances. Thats why we are afraid of a solution on the entity level. Therefore, we do not support the establishing of the two Ministries of Science and Higher Education on the entity level (in one country), because we are losing every political chance to influence the Government decisions, although the Croats according to the law are a constituent nation. Does this political practice of force and imposing of the will of the two nations above the third nation, which is constitutionally equal but less numerous, show a democratic spirit, tolerance, equality, life together and ethics ?! These election rules in Bosnia and Herzegovina are contrary both to the European legislation and European culture, as well as ethics in general, because they do not allow implementation of the constitutional principles to one constitutional nation of that very country, which would, since it is less numerous, in every European democratic country be protected through the activity and political care of the larger nations. Doing so, these larger nations would confirm their democratic principles and good will for living together. Doesnt Kants categorical imperative, mentioned in this case, with its ethics warn all people with good intentions? Dont a number of European laws oblige also Bosnia and Herzegovina by the universality of their justice to the standardization of the political and legal life in accordance with the European heritage built on the humanistic morality without which every legality seems empty? Therefore, if we need to change the present law of science and higher education, let it be in a democratic way through the parliamentary procedure and to the benefit of all nations, as well as for the quality of the higher education. It would be acceptable on the unique Bosnia and Herzegovina level in one unique Ministry of Science and Higher Education, where we will be able to accommodate all standards and criteria to the unique European standards and criteria. Let all these and other decisions be reached by parity and consensus. Why dont we in Bosnia and Herzegovina use the standards from other countries which demographically, ethnically, culturally and confessionally have a very similar structure like for example Switzerland and Belgium? In our opinion, we should use European patterns! Now, the parliamentary procedure has been started again with the aim to find a final solution for the law of science and higher education. We hope that European option will win in Bosnia and Herzegovina, despite everything. University of Mostar and the Reform The University of Mostar can trace its origins to the Franciscan School of Theology, the first school at a university level in Herzegovina, founded in Mostar in 1895. At the beginning the theological studies took four years (eight semesters) and since 1933 five years, the two final years being studied at other universities abroad. After World War II this institution had to close its doors. A two-year teaching training college was opened in Mostar some 50 years ago. In 1959, the Higher Technical School, mechanical engineering branch, was founded in Mostar. Since the academic year 1970/71 the Higher Technical School has started enrolling students as a department of the Faculty of Mechanical Engineering of the University of Sarajevo. A year later, departments of the Economics and Law Faculties started their work in Mostar. In the mid 1970s the faculties disassociated themselves from the University of Sarajevo, and in 1977 Mostar became an independent university center. In 1994/95 the Academy of Pedagogy (Teacher Training College) was transformed into the Faculty of Teaching Science. Despite substantial difficulties the University has nonetheless managed to operate and to continue its activities throughout the whole period of the 1992-94 war. Moreover, the new faculties and research institutes were opened in the mid-1990s. The structural expansion of the University was followed by a series of activities focused on the restructuring of curricula, relaunching of scientific research, development of a new network of inter-university links and strategic management. At the end of the academic year 2002/03 the University of Mostar had 9 faculties and 6 institutes. The total number of students enrolled was 10,000. The academic staff consists of 890 professors, lecturers and teaching assistants. All the faculties and facilities except the Academy of Fine Arts (located at iroki Brijeg) are located in Mostar. Most of the University facilities are concentrated on campus in the city centre. The University in Figures Total number of students in the academic year 2003/04: 10,000 Number of postgraduate students: 200 Number of students enrolled in the first year 2003/04: 1,700 Number of students graduated in the academic year 2002/03: 556 Number of academic staff: 890 Number of non-academic staff: 110 General Organizational Scheme Rectorate Rector Deputy Rector Vice-Rectors Head of Administration (General Secretary) International Relations Office Central Administration Faculties Agriculture Educational Sciences Economics Law Civil Engineering Mechanical Engineering & Computing Medicine University College of Nursing Studies, Physiotherapy & Medical Radiology Academy of Fine Arts Institutes Agronomy Economics Law Croatian Language and Literature, History Civil Engineering Mechanical Engineering Other facilities and services University Library Student Hostel (Hall of Residence) Student Union and Student Associations Student Services University Sports Facilities The University of Mostar with its program has accepted European standards and the principles of Bologna process. Much has been achieved since 2003. A particular challenge for the next phase of the process will be to ensure that Bologna process finds support not only among institutional leaders, but also to encourage staff and students to implement its aims. This requires that the Bologna reforms are integrated into the core functions of the academic staff responsible for teaching and research. The University of Mostar has been established by five Cantons, as Constitutional categories, which have authorities in the sphere of Higher Education and Science. From these five Cantons three of them are with the majority of Croatian population and two Cantons are with mixed populations (Croats, Muslims and Serbs). Also, the administration body, which ensures the financing of the University, has been established. The other spheres of the Universitys life like faculty staff, assistants, student enrollment, cooperation with other universities, elaboration of plans and programs are under the autonomy of the University. The permanent assignment of University is to improve the quality of studying and the level of education. In that sense, it is of crucial importance to start the process of harmonization with the Bologna Declaration, which should result in the introduction of acceptable standards and criteria of education like at European Universities. It is very important for us to integrate into higher education of European Union, according to the Bologna Declaration, until 2010, because, otherwise, we would be completely isolated from the European academic community. It is understood that these tasks and function cannot be put before the science and higher education. They should be treated in accordance with other democratic principles and standards like national, social, political, cultural and similar. The University is an open, pro-European and internationally oriented institution in its tradition, form and structure, and especially in its overall strategy and aims. European and international orientation of the University of Mostar In academy life it has always been of primary importance to establish and maintain international relations in teaching and scientific research. In recent years the University of Mostar has been very active within this framework. Internationalization is a very important segment of the overall institutional strategy. The University of Mostar is a member of the UEA (European University Association), of the Rectors' Conference of the Danube Countries and it used to take part in the activities of the Croatian Rectors' Conference as well. The University has always been very active within the CREAcademic Task Force program, launched to revive the European dimension in universities suffering the consequences of the war in Bosnia-Herzegovina and Croatia. In this context, the University of Mostar has been involved in the activities of the ATFConsortium (Network) for Mostar chaired by the University of Florence. In 1997, the University of Mostar joined EUCEN (European Universities Continuing Education Network) and the University Network of DAAAM International Vienna. The University also participates in the activities of the UniAdrion Network (Network of the Universities of the Adriatic and Ionian Basin) and the Network of the Universities of South-East Europe. Since 1996, the University of Mostar has been participating in several projects within the framework of the EU program TEMPUS (Pre-TEMPUS). In addition to the above mentioned activities, the University has a rather extensive bilateral exchange and cooperation with a number of European and American Universities and other equivalent institutions in the field of higher education. Furthermore, we should mention that the University has established good cooperation and contacts with UNESCO, the Council of Europe, WUS-Austria, USIS, the British Council, DAAD, etc. Nowadays, internationalization is a challenge and an imperative at the same time. For the University of Mostar, internationalization is a part of the institutional strategy and a good opportunity to renew and to establish links with other universities in order to be fully integrated into the international academic community. The University of Mostar is completely aware of the its key role as a contributor to the development of an open European space for higher education based on exchange of persons, experiences and ideas. This institution will also in the future actively foster student and staff exchanges and mobility within the framework of organized (mainly trans-European) programs and durable partnerships, ensuring fair recognition of studies and different forms of scientific work undertaken abroad. Taking the above into consideration, we are completely convinced that an outward looking and internationally oriented and active university is of benefit not only to its staff and students, but also to the community and to the whole society. References 1. The Constitution of Bosnia and Herzegovina, Sarajevo, 1996 2. The Constitution of the Federation of Bosnia and Herzegovina, Sarajevo, 1996 3. The Framework Law of Higher Education ( Bill ), Sarajevo, 2004 4. The Bologna Declaration, Sarajevo, 2003 5. Annual Report. 2003. European University Association. pp. 1 60. 6. Ljubic Franjo. 2003. Autonomy of Universities and Standardization of Quality. The paper was presented at the Rectors Meeting (Convention EUA). In the Proceeding of the FTVT Dubrovnik, pp 403 413. 7. Musa Simun. 2002. The Range and Achievements of the Croatian National Rebirth in Herzegovina. Monograph: A century of higher education in Herzegovina. pp. 281 292. PAGE  PAGE 1 T#$Ubcd +.Y',o'q'r'''..W/ĴաՂulffulVu6CJOJQJ]aJmH sH  >*mH sH OJQJmH sH CJOJQJaJmH sH 6CJ]aJmH sH 6CJaJmH sH CJaJmH sH 56mH sH OJQJ^JmH sH 5CJOJQJ^JaJmH sH CJaJmH sH 6]mH sH mH sH CJaJmH sH 5OJQJ^JmH sH 5CJ OJQJ^JaJ mH sH !ST#$X Ubd2  $^`a$$a$$a$Dk]k+,.YZ &'B[+,Nrs"%o'$a$o'q'r'''@)*+,...W/X/80258:6>Y?C@WBCGGGGGG$a$W/X/GG HHO PQRRR~SSST\\]]qh{hhhAkCkDkEkKkLkMkOkPkVkWkXkYkZk]k^k޸0JmHnHu0J j0JUCJOJQJaJmH sH  >*mH sH >*CJaJmH sH OJQJmH sH 5CJOJQJ^JaJmH sH mH sH CJOJQJaJmH sH 'G HHIYL@NOO P PRPPP=QQQQRR&R4RARlRRRRRRRR$a$RRRRSSgS|S~SSSSSSSSST'TJTrTTTTV Y8[,\\\$a$\\\]]]SabMde}gphqhrhshthuhvhwhxhyhzh{hhhhiWii$a$$a$iijAkCkDkMkNkOkZk[k\k]k^k&`#$$a$ ,1h. 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